4-207

4-207. Restrictions on licensing premises near
school or church buildings; definitions

A. A retailer's license shall not be issued for any premises which are, at the time
the license application is received by the director, within three hundred horizontal feet
of a church, within three hundred horizontal feet of a public or private school building
with kindergarten programs or any of grades one through twelve or within three hundred
horizontal feet of a fenced recreational area adjacent to such school building. This
section does not prohibit the renewal of a valid license issued pursuant to this title
if, on the date that the original application for the license is filed, the premises were
not within three hundred horizontal feet of a church, within three hundred horizontal
feet of a public or private school building with kindergarten programs or any of grades
one through twelve or within three hundred horizontal feet of a fenced recreational area
adjacent to such school building.

B. Subsection A of this section does not apply to a:

1. Restaurant issued a license pursuant to section 4-205.02.

2. Special event license issued pursuant to section 4-203.02.

3. Hotel-motel issued a license pursuant to section 4-205.01.

4. Government license issued pursuant to section 4-205.03.

5. Fenced playing area of a golf course issued a license pursuant to this article.

C. Notwithstanding subsection A of this section:

1. A spirituous liquor license which is validly issued and which is, on the date an
application for a transfer is filed, within three hundred horizontal feet of a church,
within three hundred horizontal feet of a public or private school building with
kindergarten programs or any of grades one through twelve or within three hundred
horizontal feet of a fenced recreational area adjacent to such school building may be
transferred person to person pursuant to sections 4-201, 4-202 and 4-203 and remains in
full force until the license is terminated in any manner, unless renewed pursuant to
section 4-209, subsection A.

2. A person may be issued a spirituous liquor license pursuant to sections 4-201,
4-202 and 4-203 of the same class for premises which have a nontransferable spirituous
liquor license validly issued if the premises are, on the date an application for such
license is filed, within three hundred horizontal feet of a church, within three hundred
horizontal feet of a public or private school building with kindergarten programs or any
of grades one through twelve or within three hundred horizontal feet of a fenced
recreational area adjacent to such school building and the license remains in full force
until the license is terminated in any manner, unless renewed pursuant to section 4-209,
subsection A.

3. A person may be issued a liquor store license pursuant to sections 4-201, 4-202,
4-203 and 4-206.01 for premises which have a beer and wine store license validly issued
if the premises, on the date an application for such license is filed, are within three
hundred horizontal feet of a church, within three hundred horizontal feet of a public or
private school building with kindergarten programs or any of grades one through twelve or
within three hundred horizontal feet of a fenced recreational area adjacent to such
school building and the license remains in full force until the license is terminated in
any manner, unless renewed pursuant to section 4-209, subsection A.

4. The governing body of a city or town, on a case-by-case basis, may approve an
exemption from the distance restrictions prescribed in this section for a church or
charter school that is located in an area that is designated an entertainment district by
the governing body of that city or town. A city or town with a population of at least
five hundred thousand persons may designate no more than three entertainment districts
within the boundaries of the city or town pursuant to this paragraph. A city or town with
a population of at least two hundred thousand persons but less than five hundred thousand
persons may designate no more than two entertainment districts within the boundaries of
the city or town pursuant to this paragraph. A city or town with a population of less
than two hundred thousand persons may designate no more than one entertainment district
within the boundaries of the city or town pursuant to this paragraph.

D. For the purposes of this section:

1. "Church" means a building which is erected or converted for use as a church,
where services are regularly convened, which is used primarily for religious worship and
schooling and which a reasonable person would conclude is a church by reason of design,
signs or architectural or other features.

2. "Entertainment district" means a specific contiguous area that is designated an
entertainment district by a resolution adopted by the governing body of a city or town,
that consists of no more than one square mile, that is no less than one-eighth of a mile
in width and that contains a significant number of entertainment, artistic and cultural
venues, including music halls, concert facilities, theaters, arenas, stadiums, museums,
studios, galleries, restaurants, bars and other related facilities.