§ 3-12. Measurement of distance from church, school, etc.

In determining whether the premises for which a permit is sought is located within three hundred (300) feet of any public playground or of a building used exclusively as a church or synagogue, public library, school, full-time day care center as defined in R.S. 17:405(A)(4), a correctional facility housing inmates, including but not limited to a halfway house, or residential area, as prohibited in section 3-11, measurement of such distance shall be made as follows:

(1)

As a person walks using the sidewalk from the nearest point of the property line of the public playground or of a building used exclusively as a church or synagogue, public library, school, full-time day care center as defined in R.S. 17:405(A)(4), a correctional facility housing inmates, including but not limited to a halfway house, or residential area to the nearest point of the premises to be licensed, or

(2)

From the nearest point of the property line of the public playground or of a building used exclusively as a church or synagogue, public library, school, full-time day care center as defined in R.S. 17:405(A)(4), a correctional facility housing inmates, including but not limited to a halfway house, or residential area to the nearest point of the premises to be licensed.

Premises, as used in this section, is defined as the entire building in which the premises to be licensed is located and the entire property area upon which the building to be licensed is located (this includes all property lines). To be more descriptive, the term premises includes all property lines of the property upon which the premises to be licensed is located. When measuring the three hundred (300) feet it shall be done by starting from the property line of the public playground or of a building used exclusively as a church or synagogue, public library, school, full-time day care center as defined in R.S. 17:405(A)(4), a correctional facility housing inmates, including but not limited to a halfway house or residential area and then measuring three hundred (300) feet in a straight line to the nearest point of the premises (including property lines) as defined above.

Existing businesses, [as used in this section, is defined as] any existing business holding a permit for the sale of alcoholic beverages which were lawful before the adoption of this section, but which would be prohibited under the terms of this section because of distance requirements, it is the intent of this section to permit these nonconforming businesses to continue in operation provided that if the business ceases to operate for a period of six (6) continuous calendar months it shall not be reestablished. The sale of any existing business shall be permitted provided the business (under either the seller and/or buyer) does not cease to operate for a period of six (6) continuous calendar months.

(Ord. No. 240, 7-8-80; Ord. No. 606, 8-11-09)

State law reference

Measurement of distance restriction from church, school, R.S. 26:80(C).