§ 3.30.180. Distance requirements.  


Latest version.
  • An entertainment establishment license does not permit and shall not be issued to any person for the operation of an entertainment establishment if such establishment:

    A.

    Is licensed to sell alcoholic liquor or cereal malt beverage or if alcoholic liquor or cereal malt beverage will be offered, consumed or served on the premises; and

    B.

    The location is within 300 feet of any church, public park, public or parochial school or residential zoning district.

    The distance is to be measured from the nearest property line of the residential zoning district, church or public or parochial school to the nearest property line of the premises on which the establishment is located or to any parking lot designated to be used by the patrons of such establishment.

    Renewal of entertainment establishment licenses, otherwise subject to this subsection, may be made for all establishments presently licensed and located within three hundred feet of any church, public park, public or parochial school, residential or zoning district, so long as the premises are used or held for use as a place in which a entertainment establishment license and one of the following licenses is held:

    (1)

    Class A private club;

    (2)

    Class B private club;

    (3)

    Drinking establishment; or

    (4)

    A license to sell cereal malt beverages for consumption on the premises; provided, however, that should such an establishment cease to be used for such purposes for a period of ninety days or more, then and in that event, no new entertainment establishment license shall be issued for the establishment. Periods of time during which such establishment is being remodeled or is being repaired because of damage caused by fire or natural disasters such as floods or wind-storms, shall not be included in computing the above ninety-day period; provided, however, that any remodeling or repair must be commenced within ninety days after closure of any given structure and completed within a period not to exceed six months. Additionally, the Special Investigations Bureau of the Wichita Police Department shall be notified within thirty days of closing of such establishment for remodeling or repair, such notice to state the date of commencement and completion of remodeling or repair.

    The distance requirements in this section shall not be applicable to property which has received the appropriate zoning approval for such use, as required by the Wichita-Sedgwick County Unified Zoning Code."

(Ord. No. 48-548, § 7, 12-1-09)