Fiscal Note
No City appropriation required.
Title
Amending Section 38.05(3)(f) of the Madison General Ordinances to replace the word “church” with “place of worship” for the purpose of alcohol licensing distance restrictions.
Body
DRAFTER’S ANALYSIS: State law prohibits “Class A” or “Class B” licenses or permits for locations less than 300 feet from the main entrance of schools, hospitals, and “churches” unless there is a majority vote by the Common Council to waive the prohibition (Wis. Stat. 125.68(3)). This amendment would update the language in the City’s ordinance to include all places of worship instead of limiting the alcohol premise geographic limitation to churches.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (f) entitled “Schools, Churches, Hospitals and Libraries” of Subsection (3) entitled “Application for Licenses” of Section 38.05 entitled “General Licensing Requirements” of the Madison General Ordinances is amended as follows:
“(f) Schools, Churches Places of Worship, Hospitals and Libraries. No Class A or Class B license or permit may be issued for premises the main entrance of which is less than 300 feet from the main entrance of any public or parochial school, hospital, church place of worship or public library, except that this prohibition may be waived by a majority vote of the Common Council. The distance shall be measured by the shortest route along the highway from the main entrance of the school, church place of worship, hospital or library to the main entrance of the premises covered by the license. The prohibition in this paragraph does not apply to any of the following:
1. Premises covered by a license on June 30, 1947.
2. Premises covered by a license prior to the occupation of real property within 300 feet thereof by any school, hospital, church place of worship or library building.
3. A restaurant l...
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