MINOR EXCEPTION REQUIREMENT FOR ON SITE SALE OF LIQUOR IN RESTAURANT WITHIN THREE HUNDRED FEET OF RESIDENTIAL AREAS

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OFFICE OF THE CITY ATTORNEY OPINION NO. 74-12 March 18, 1974 SUBJECT: Minor Exception Requirement for Onsite sale of Liquor in Restaurants within Three Hundred I~'cet of Residential. Areas. REQUESTED BY: Planninq Department OPINION BY: James A. Withers, City Attorney BY: Richard E. Lay, Deputy City Attorney QUESTION: Where applicable City zoning laws pro- - hibit a restaurant from serving liquor or beer for on-premise consumption if located ,within three hundred feet of a residential area, is the distance from the restaurant to be measured from the lot line or from the actual physical limit of the structure and its appur- tenant parking and access areas. ANSWER: The actual limit of the area used for restaurant purposes is the relevant line. The lot. line, if it differs from this limit, is irrelevant. ANALYSIS: Diversified Advanced Development leases, an area and building used as the "House of Plenty" Restaurant in a Cl use district. The restaurant desires to serve alcoholic beverages for on-premise consumption. The uses permitted in a Cl zone are listed in Sec- tion 41-365 of the Municipal Code. In subsection (10) thereof restaurants and similar establishments are listed as a per- mitted use but are subjected to the following restriction: ..."no such establishment selling liquor or beer for consumption on the premises may ]_ocate or operate with- in three hundred (.300) feet of any property zoned or used for residential or agricultural purposes without first obtaining a minor exception permit. No minor exception permit shall be required when any property within three hundred (300) feet of a then existing restaurant, cafe, cocktail lounge, or drive-in eating establishment, selling liquor or beer for consumption on the premises is subsequently zoned or used for resi- dential or agricultural purposes." -38-