§ 3-7-4 - Proximity of Class A licenses.
SECTION 3-7-4
§ 3-7-4 Proximity of Class A licenses.– (a) Retailer's Class A licenses under this chapter shall not be issued toauthorize the sale of beverages in any store or place within two hundred feet(200') measured by any public way of another premises holding a Class Alicense. Licenses presently issued to premises within two hundred feet (200')of the premises where another Class A license is presently issued, may continueto be issued to those premises so long as those premises are in continuousoperation under the license. Any transfer or removal from those premises of thelicense is subject to the provisions of this section. Where a proposed licensedplace is upon the opposite side of the street from an existing license, thewidth of the street is to be disregarded in measuring the distance so as toascertain if it is two hundred feet (200') away from the premises.
(b) In the event that the building or land occupied by theholder of a retailer's Class A license is taken in whole or in part by eminentdomain or by other public authority, the board, body or official who issued thelicense may permit the license to be transferred to a store or place no closerthan one hundred fifty feet (150') measured by any public way of other premisesholding a Class A license. A retailer's Class A license may be issued to thepremises so long as the premises are in continuous operation under the license.Where a proposed licensed place is upon the opposite side of the street from anexisting license, the width of the street is to be disregarded in measuring thedistance to ascertain if it is one hundred fifty feet (150') away from thosepremises.