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



(1)  Registered voters for the area within five
hundred feet of the nearest point of the premises for which the license is
asked; or



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



have duly filed or caused to be filed their protests
against granting the license.  The distance of five hundred feet shall be
measured from the boundary of the school or public playground to the boundary
of the applicant's premises.  Public or private beaches, and public or private
day care centers located in or adjacent to commercial areas shall not be deemed
schools or public playgrounds for purposes of this section.  The provisions of
this section shall not apply to establishments located within areas designated
by the appropriate counties for resort purposes, or to hotel or condominium
hotel liquor license applicants.



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