Derby City Zoning Code

The following regulations shall apply to the location of any business where alcoholic liquor, wine, beer or ale is sold at retail for consumption off the premises under a package store permit; package store beer permit; grocery store beer permit; druggist permit; or druggist beer permit only, which business is hereinafter referred to as a "liquor outlet" and which permit may be issued by the State of Connecticut.

No land, building or premises which prior to the effective date of these regulations is not the site or location of a liquor outlet shall thereafter be used either in whole or in part for a liquor outlet if the liquor outlet would be within 1,500 feet of any other liquor outlet, school, public park or church, measured as hereinafter specified.

Said one-thousand-five-hundred-foot distance shall be the shortest total horizontal distance that can be measured beginning at the midpoint of the principal outside public entrance door of the building, wherein is proposed to be located a liquor outlet, thence in one or more straight lines, measured along the right-of-way, via the shortest distance to a property line of the lot on which another liquor outlet is located.

If any existing liquor outlet, which shall be located within the one-thousand-five-hundred-foot distance, shall be discontinued with intent to abandon for a period of 30 days, such liquor outlet shall not be resumed except in conformity with § 195-122 above.

Nothing in this article shall be construed to deny any applicant who has duly applied for a liquor permit to the State of Connecticut before the effective date of this article from thereafter receiving such permit pursuant to said application for any land, building or premises in the City of Derby. Land, building or premises used pursuant to a permit applied for and received as stated in this section shall be subject to all the provisions of this article in the same manner as if they had been in use under such permit on the effective date of this article.

Notwithstanding the provisions of this article, one liquor outlet may be located in a shopping center having a gross floor area for retail stores of 50,000 square feet or more, provided that such shopping center was constructed as a single design unit.

Notwithstanding the provisions of this article, and notwithstanding the provisions of § 195-126, limiting to one the number of liquor outlets in a shopping center as herein defined, any business meeting the definition of "grocery store" as set forth in Section 30-1 of Chapter 545 of the Connecticut General Statutes and occupying a gross floor area of 15,000 square feet or more in any shopping center as defined in § 195-126 shall be allowed to have a grocery store beer permit; provided, however, that the existence of a grocery store beer permit in any such shopping center as of the date of this adoption of this section shall preclude the establishment of any other liquor outlets in such shopping center unless such other liquor outlet is located in full compliance with the distance restrictions set forth in § 195-122 above.