§281-39.5  Liquor license prohibited; where. (a)  The liquor commission or agency of each county may deny or restrict theissuance of a liquor license for on-site sale and consumption by the drink toany applicant whose establishment is or would be located within five hundredfeet of a public or private elementary, intermediate, or high school, or publicplayground utilized extensively by minors, as determined by the liquorcommission of each county; provided that the liquor commission or agency ofeach county shall deny the issuance of a liquor license if forty per cent ofthe:

(1)  Registered voters for the area within fivehundred feet of the nearest point of the premises for which the license isasked; or

(2)  Owners and lessees of record of real estate andowners of record of shares in a cooperative apartment within five hundred feetof the nearest point of the premises for which the license is asked;

have duly filed or caused to be filed their protestsagainst granting the license.  The distance of five hundred feet shall bemeasured from the boundary of the school or public playground to the boundaryof the applicant's premises.  Public or private beaches, and public or privateday care centers located in or adjacent to commercial areas shall not be deemedschools or public playgrounds for purposes of this section.  The provisions ofthis section shall not apply to establishments located within areas designatedby the appropriate counties for resort purposes, or to hotel or condominiumhotel liquor license applicants.

(b)  This section shall apply only to theissuance of new liquor licenses for on-site sale and consumption by the drinkand not to any renewal of such licenses. [L 1991, c 236, §2; am L 2001, c 257,§3; am L 2007, c 53, §5]