ORDINANCE NO. 07-2025 CITY OF PASCAGOULA, MISSISSIPPI AN ORDINANCE OF THE CITY OF PASCAGOULA, MISSISSIPPI AMENDING CHAPTER 6, SECTION 6-3 OF THE CODE OF ORDINANCES REGARDING THE LOCATION OF ALCOHOL ESTABLISHMENTS WHEREAS, Mississippi Code Section 21-19-1 grants the governing authorities of municipalities the power to make regulations to secure the general health of the municipality; and WHEREAS, Mississippi Code Section 67-3-65 grants the governing authorities of municipalities the authority to establish rules and regulations regarding the sale of alcoholic beverages; and WHEREAS, Chapter 6, Section 6-3 of the Code of Ordinances establishes restrictions on the location of businesses selling alcoholic beverages; specifically, such business must be located certain distances from a church, school, or park; and WHEREAS, Chapter 6, Section 6-3 of the Code of Ordinances contains contradictory language regarding the way distances from churches, schools, and parks are measured; and WHEREAS, revisions to Chapter 6, Section 6-3 of the Code of Ordinances are needed to clarify the manner of making such measurements; and WHEREAS, the City Council for the City of Pascagoula hereby amends Chapter 6, Section 6-3 of the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASCAGOULA AS FOLLOWS: SECTION 1. Chapter 6, Section 6-3 is hereby amended as follows: (a) It shall be unlawful to operate a place of business for the sale, either wholesale or retail, of alcoholic beverages within 400 feet of a church, school, or park; but within an area zoned commercial or industrial, if the business and the church, school or park are both in such a zone, then the separation distance shall not be less than 100 feet. If the church, school, or park is in a residential zone and the business proposing to sell alcoholic beverages is in a commercial or industrial zone, the distance of separation shall be at least 400 feet. The distances herein shall be measured in a straight line from property boundary to property boundary. (b) For the purpose of this section, the distance shall be measured as follows: 1) Church—The distance shall be measured by following the shortest route of ordinary pedestrian travel along the business thoroughfare from the main entrance of such business to the main entrance of the church. For the purposes of computing this distance, the same shall be measured between two fixed points on such thoroughfare determined by projecting straight lines at right angles to the thoroughfare from the parts of the buildings nearest to each other. 2) School or park—The distance shall be measured from the actual location of the business to the nearest point of the property line of the school grounds or park, to be measured along the regular traveled thoroughfare in the same manner as set out in subsection (b)(1) of this section. (c) There shall be excluded from the restrictions imposed as to location those businesses which have been operating within the city limits, prior to the location of a church, school or park within the restricted distance, provided that such establishment can produce evidence that a license has been issued by proper authorities to the business for the sale of alcoholic beverages prior to the location of the church, school or park and for each year thereafter. SECTION 2. This ordinance shall become effective as provided by law. The motion to approve and adopt the foregoing Ordinance was made by Councilwoman Brandenstein and seconded by Councilwoman Young, and the following vote was recorded: Mayor Willis Voting Aye Councilman Stallworth Voting Aye Councilman Fornett Voting Aye Councilwoman Young Voting Aye Councilman Parker Voting Aye Councilman Blythe Voting Aye Councilwoman Brandenstein Voting Aye RESOLVED, this the 16th day of September, 2025. ATTEST: CITY COUNCIL /s/ Karen Kennedy /s/ Jay Willis City Clerk Mayor IPL0274993 Sep 21 2025