Chapter 3 ALCOHOLIC BEVERAGES*

Section 3-28 Distance provisions relating to the sale of alcoholic beverages; allowable proximities to schools, churches, residences.

     (a)    Special distance from residential property provisions:

     (1)    Package liquor, liquor pouring or beer and wine  consumption on premises. No license  hereunder shall be granted to any proposed location which is within fifty (50) feet of any private  residence. The distance for the purpose of this section shall be measured in all directions from the  nearest wall enclosing the proposed store where alcoholic beverages are to be sold to the nearest  point of any residential property line, except that the provisions of this subsection shall not apply on residences located in areas of the city zoned C-1 commercial or C-2 commercial.

     (2)    Private clubs. Distance requirements of subsection (a)(1) are not applicable for private clubs that were in operation prior to September 1, 1975, operating as a corporation organized and  existing under the laws of the state.     

     (b) General distance provisions:

     (1)    All beer and/or wine sales and liquor pouring  sales; exceptions. No beer or wine or  liquor pouring mixed drinks may be sold at any location within one hundred (100) yards of any  school building, school grounds, college campus,  day care center, or alcoholic treatment center owned and operated by any branch of government. The school building or educational building referred to in this section shall apply only to state, county, city or church school buildings and to such buildings at such other schools in which subjects commonly taught in the common schools  and colleges of this state are taught.The daycare center referred to in this section shall apply only to a daycare center licensed as such by the state of Georgia.

     (2)    Packaged liquor sales. No packaged liquor  may be sold at any location within one  hundred (100) yards of any church building or an alcoholic treatment center owned and operated  by any branch of government, or within two hundred (200) yards of any school building or  educational building or school grounds or college campus or day care center. The school building  or educational building referred to in this section shall apply only to state, county, city or church  school buildings and to such buildings at such other schools in which subjects commonly taught in  the common schools and colleges of this state are taught.The daycare center referred to in this section shall apply only to a daycare center licensed as such by the state of Georgia.

     (3)    Exceptions to subsections (b)(1) and (2) for the licensing of certain hotels or motels and certain private clubs. Nothing contained in this section shall prohibit the licensing of the sale  of  alcoholic beverages by:

         a.    Hotels or motels of fifty (50) rooms or more which have been in continuous operation for a period of at least five (5) years preceding the effective date of this chapter;

         b.    Bona fide private clubs licensed  under the provisions for licensing liquor pouring in such clubs.

     (4)    Distance measurement methods. Unless otherwise provided  in this chapter, all  measurements to determine distances for the requirements of subsections (b)(1) and (b)(2) shall be measured by the most direct unimpeded route of travel on the ground and shall be measured in the  following manner:

         a.    From the front door of the  structure from which alcoholic beverages are sold or offered  for sale;

         b.    In a straight line to the nearest public sidewalk, walkway, street, road or highway;

         c.    Along such public sidewalk, walkway, street, road or highway by the nearest route;

         d.    To the front door of the building,  or the nearest portion of the grounds, whichever is  applicable to the language of subsections (b)(1) and (b)(2).

 (Ord. of 3-10-97,   V; Ord. of 2-25-02)

(2002-3-28(b), Amended, 02/25/2002, Prior Text)