ORDINANCE NO. ____ AN ORDINANCE TO AMEND AND RE-ENACT SECTION 3-10 AND 3-10.1 OF THE THIBODAUX CITY CODE OF ORDINANCES (ALCOHOL PERMITS) BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 3-10 and 3-10.1 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows: Sec. 3-10. - Proximity of premises to church, etc. (a) No permit shall be granted for any premises situated within three hundred (300) feet of a church, synagogue, public library, public playground or school, except a school for business education conducted as a business college or school. (b) Conversely, the city will not issue any zoning or building permit to any person to construct or establish any type of playground or youth recreational facility which would be located within three hundred (300) feet of an establishment which has a permit to serve alcoholic beverages granted under the provisions of this chapter. Sec. 3-10.1. – Proximity of premises-restaurant exception The provisions of Section 3-10 shall not apply to actual premises being used or to be used primarily as a restaurant. The test for whether a premises for this section be considered "primarily a restaurant" is whether the gross sales on food items exclusive of alcoholic beverage sales surpasses fifty (50) per cent of total sales. The above ordinance having been submitted to a vote, the vote thereon was as follows: YEAS: NAYS: ABSENT: ABSTAIN: And the above ordinance was declared adopted this ___ day of _____ 2013. ___________________________ Jennifer Morvant, Council Adm. ____________________________ Lloyd “Chip” Badeaux, President