§ 6-123. Zones where business permitted.

(a)

No license shall be issued to a wholesaler of alcoholic beverages unless the wholesaler's business is to be located in the area of the county which is zoned commercial or industrial.

(b)

No pouring license for the sale of alcoholic beverages by the drink or the operation of a bottle house shall be issued unless the location has been zoned NS, PSC, GC, TS, CRC, NRC, PVC, RRC, OHR, OMR, or O&I, but not industrial, under the zoning laws of the county, or is in use as a business under a specific special use permit; provided, that this section shall not apply to farm wineries, distilleries, breweries, or private clubs as defined in this chapter; and, provided, further, that a license under this chapter may be issued in a location which has been zoned for apartments, subject to approval by the license review board. No license shall be issued for a location which operates as a nonconforming use. Notwithstanding the provisions of this subsection (b) an amusement park, as defined in section 6-1, may obtain an amusement park pouring license for the sale of alcoholic beverages by the drink under the limitations as hereinafter set forth for an amusement park contained in section 6-179.

(c)

Notwithstanding paragraph (b) above, a pouring license for the sale of alcoholic beverages by the drink may be issued in a location zoned UVC provided all other requirements of chapter 6 are met.

(d)

No license for the retail sale of alcoholic beverages in package form shall be issued to any person for the operation of such business, except within the areas zoned GC, NS, PSC, OHR, OMR, CRC, NRC, PVC, RRC, TS, UVC, or LRC; however, there shall be no sale of spirituous liquor by the package in LRC or UVC; provided, that this section shall not apply to farm wineries, distilleries, or breweries as defined in this chapter. Each alcoholic beverage package sale made in UVC must be accompanied by the sale of food prepared on the premise of the business. No license shall be issued for a location which is a nonconforming use. License package sales of alcoholic beverages to registered overnight guests of a hotel or motel shall be permitted. A farm winery will comply with current zoning regulations.

(Ord. of 8-14-73, art. II, § 6; Ord. and Res. of 2-12-74; Ord. of 10-24-89, § I; Ord. of 3-9-93; Ord. of 5-11-93; Ord. of 10-11-94, § 6; Code 1977, § 3-4-22; Ord. of 8-10-99; Ord. of 10-26-04; Ord. of 1-25-05; Ord. of 2-8-05; Amd. of 7-25-17)