2/04/2010

Churches and Alcohol

Posted by MJ


I looked up the liquor laws refered to in the LUSJ article about the "Church at the Palace".

The laws can be found here: Click on "ABC".

Article 5, Part 64, Section 7 has some references to the proximity to churches:

7. No retail license for on-premises consumption shall be granted for any premises which shall be


(a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship or

(b) in a city, town or village having a population of twenty thousand or more within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this article;
(c) the measurements in paragraphs (a) and (b) of this subdivision are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to the center of the nearest entrance of such school, church, synagogue or other place of worship or to the center of the nearest entrance of each such premises licensed and operating pursuant to this section and sections.......
I'm no lawyer but it appears that the structure needs to be exclusively for church or church functions. I'd say both the Palace and the Old Post Office would not fit these terms. It also says same street or avenue so I don't think that the proposed Ice Arena would be affected since it is on Chestnut Street even if either structure was a single use church. Anyone have any thoughts? I suppose the city attorneys would know best though. ;)

The Molson Canal Concert Series also is a pre-existing use so I do not see a threat there either. The entrance to entrance distance along Main St is more than 200ft from both the Palace and the Old Post Office so I think it falls out of the range anyways.

2 comments:

Anonymous said...

Nice job MJ. You think the city attorney should have done this research before opening his mouth???

MJ said...

There is probably more to be known but at least there is now a base for discussion.

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