130507 Section 3-10 and 3-10-1 Amendment

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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
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