Sale of liquor prohibited near schools and churches, exceptions
Normally, a liquor store or bar cannot open within 100 feet of a school or church. To get around that rule, the business needs written approval from the local city government, and neighbors within 100 feet must be given at least 10 days' notice first. Local governments can also push that distance up to 300 feet. However, if a school or church moves near a liquor store that was already there, the liquor store does not lose its license just because of that. Some special licenses — like those for churches, charities, or fraternal clubs — are exempt from the 100-foot rule, and so are businesses that already had a license before January 1, 2004, as long as they keep the same license type and don't go without a license for more than 90 days.
311.080. Sale of liquor prohibited near schools and churches, exceptions. — 1. No shall be granted for the sale of , as defined in this chapter, within one hundred feet of any school, church or other building regularly used as a place of religious worship, unless the for the license shall first obtain the in writing of the of alderman, city council, or other proper authorities of any incorporated city, town, or village, except that when a school, church or place of worship shall hereafter be established within one hundred feet of any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason. Such consent shall not be granted until at least ten days' written notice has been provided to all owners of property within one hundred feet of the proposed .
2. The , city council or other proper authorities of any incorporated city, town or village may by prohibit the granting of a license for the sale of intoxicating liquor within a distance as great as three hundred feet of any school, church, or other building regularly used as a place of religious worship. In such cases, and where the ordinance has been lawfully enacted, no license of any character shall be issued in conflict with the ordinance while it is in effect; except, that when a school, church or place of worship is established within the prohibited distance from any place of business licensed to sell intoxicating liquor, the license shall not be denied for this reason.
3. 1 of this section shall not apply to a license issued by the for the sale of intoxicating liquor section 311.218 or to a license issued to any church, school, civic, , , veteran, political, or charitable club or organization which has obtained an from the payment of federal taxes.
4. Subsection 1 of this section shall not apply to any holding a license issued before January 1, 2004, by the supervisor of alcohol and tobacco control for the sale of intoxicating liquor. To retain a license under this subsection, the licensed premises shall not change license type, amend the , or be without a for more than ninety days.
(RSMo 1939 § 4948, A.L. 1959 H.B. 139, A.L. 2003 S.B. 298, A.L. 2005 S.B. 262)
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