§ 6-62. Distance from churches, schools, etc  


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  • (a) No package malt beverage license, package wine license, or consumption on the premises license shall be issued for any place of business which is located within 100 yards of any school building, educational building, school grounds, or college campus.

    (b) No package distilled spirits license shall be issued for any place of business which is located within 100 yards of any church building or alcoholic treatment center or which is located within 200 yards of a school building, educational building, school grounds, or college campus or which is located within 500 yards of another licensed package distilled spirits business.

    (c) No package license shall be issued for any place of business which is located within 200 feet of a private single-family or two-family dwelling in a zoning district that permits single-family and/or two-family dwellings; provided, however, this prohibition shall not apply with respect to a private dwelling located in a zoning district in which alcoholic beverage outlets are authorized and which dwelling is on the same street as the premises for which a package license is applied.

    (d) Unless otherwise provided by law, all measurements to determine the distances referred to in this section shall be measured by the most direct route of travel on the ground and shall be measured in the following manner:

    (1) From the front door of the structure, as determined by the director of community development, from which alcoholic beverages are sold or proposed to be sold; and

    (2) In a straight path of travel by the nearest public sidewalk, street, road, or highway;

    (3) To the front door of the building or to the nearest portion of the grounds, as determined by the director of community development, whichever is applicable under this chapter.

    No license shall be revoked and no application for a license or renewal shall be denied by reason of the method of measurement set out in this subsection, if such license or license application or renewal application is for premises for which a license was granted prior to the enactment of this chapter in reliance on another method of measurement.

    (e) No application for a license shall be approved which does not include, or have attached thereto, a current certificate from a registered surveyor which shows a scale drawing of the premises and the location at which the applicant desires to operate an alcoholic beverage outlet and which shows, with linear foot measurements where appropriate, such location's compliance or noncompliance with the provisions of this section, or a certificate from a registered surveyor which states that the subject alcoholic beverage outlet meets all of the location and distance requirements of this chapter, and shows such location's compliance or noncompliance with linear foot measurements where appropriate or required.

    (f) When a license application is for premises not yet constructed or not yet completed, a license may be issued if the application includes the plans for the premises and a surveyor's certificate, as required under subsection (e) of this section, clearly showing that the premises will, when completed, meet the requirements of this section.

    (g) If the distance requirements of this section are met at the time a license is issued, the subsequent opening and operation of a church or school within the prohibited distance shall not prevent the continuance of an existing license or the issuance of a new license to a subsequent owner of the property; provided, however, that as to any new license, the prior license must have been lawful and validly issued at the location at any time during the 12 months immediately preceding the application for the new license.

    (h) As used in this section, the term "school building" or "educational building" shall apply only to state, county, city or church school buildings and to such buildings at any other schools in which are taught subjects commonly taught in the schools and colleges of this state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. The term "church building" as used in this section shall mean the main structure used by any religious organization for purposes of worship.

(Ord. No. 2007-09-54, § 3(7.4.1), 9-18-2007)

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Sales near churches or schools, O.C.G.A. § 3-3-21.