§ 5-75. Locations near churches or schools restricted.

(a)

No license or permit shall be granted under this article to any applicant when the premises in which the business is to be conducted is within one-half mile of the main campus of Southeastern Louisiana University, Hammond, Louisiana, or is situated within 300 feet of a building used exclusively as a regular church or synagogue, public library, public playground, school or orphans' home (except a school for business education conducted as a business college or school), provided that the provisions of this section shall not apply to premises which are maintained as a bona fide hotel, railway car or fraternal organization, nor to any premises licensed to deal in beverages of low alcoholic content, for a period of one year or longer prior to November 20, 1956.

(b)

The method of measuring the distance requirements set forth hereinabove shall be as follows:

Begin at the nearest property line of the church, synagogue, library, playground or school and proceed along the sidewalk toward the usual entrance, or if there is more than one usual entrance, toward the nearest usual entrance, of the place where alcoholic beverages are to be sold. However, measurement shall not be up to the entrance, but up to the nearest point of the premises to be licensed, which is usually a sidewalk or a partition of the premises wherein alcoholic beverages are sold. Where a structure includes two or more businesses, one of which sells alcoholic beverages, the measurement is to the nearest point of the room or store where the beverage is sold; provided that the room or store is partitioned or walled off from the other rooms, sales areas or stores in the structure. Where there is no sidewalk in an improved area, measurement should be made along where the sidewalk would normally be, that is along the edge of the street right-of-way.

(c)

The word "premises," as used in this section, shall mean the definite closed or partitioned in locality, whether room, shop or building, wherein the alcoholic beverage is sold.

(Ord. No. 05-06, 3-28-05)

State law reference

Authority of parish to regulate, R.S. 33:1236(6); local regulatory ordinances, R.S. 26:493; location of business limited, R.S. 26:281.