Title 3, Chapter 4, Section 49
( 3-4-49)
(a) A municipality or county may adopt all reasonable rules and
regulations, consistent with this title, as may fall within the
police powers of the municipality or county to regulate any business
described in this chapter; provided, however, that on and after July
1, 1997, no municipality or county shall authorize the location of a
new retail package liquor licensed place of business or the
relocation of an existing retail package liquor licensed place of
business engaged in the retail package sales of distilled spirits
within 500 yards of any other business licensed to sell package
liquor at retail, as measured by the most direct route of travel on
the ground; provided, however, that this limitation shall not apply
to any hotel licensed under this chapter. The restriction provided
for in this subsection shall not apply at any location for which a
license has been issued prior to July 1, 1997, nor to the renewal of
such license. Nor shall the restriction of this subsection apply to
any location for which a new license is applied for if the sale of
distilled spirits was lawful at such location at any time during the
12 months immediately preceding such application. (b) All municipal and county authorities issuing licenses shall
within their respective jurisdictions have authority to determine
the location of any distillery, wholesale business, or retail
business licensed by them, not inconsistent with this title. |