§ 6-4. Distance requirements.

(a)

No person may sell or offer to sell any alcoholic beverage in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds or college campus.

(b)

As used in this section, the term "school building," "school," "school grounds" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools, universities and colleges of this state and which are public schools or private schools as defined in O.C.G.A. § 20-2-690(b). The terms "school building" and "educational building" includes only those structures in which instruction is offered. The term "school grounds" shall apply only to the parcel or parcels of land on which a school, school building or educational building is located.

(c)

The term "church building," as used in this section, shall mean the main structure used by any religious organization for purposes of worship.

(d)

The requirements for minimum distance from a church building, college or university located in a shopping center, as defined by the latest Illustrated Book of Development Definitions (copyright 2004 by Rutgers), shall not apply to any new license for retail package or retail consumption.

(e)

For purposes of this section, distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner:

(1)

From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale;

(2)

In a straight line, regardless of obstructions, to the nearest public sidewalk, walkway, street, road or highway by the nearest route;

(3)

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

(4)

To the main entrance of the church building, or to the front door of the nearest school building or college campus building.

(f)

No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, or denied any renewal of such license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in this section.

(g)

As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited herein shall not prevent the continuance of an existing license or the renewal thereof or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application.

(Ord. of 7-1-2012, § 6-5; Ord. No. 2015-01-37, § 2, 2-17-2015)

State law reference

Similar provision, O.C.G.A. § 3-3-21.