§ 4-101.1. Location restrictions.  


Latest version.
  • (a)

    No person knowingly and intentionally may sell or offer to sell at retail, except as allowed under subsection (b):

    (1)

    Any wine or malt beverages within one hundred (100) yards of any school building, school grounds, educational facility, college campus or adult entertainment establishment.

    (2)

    Any distilled spirits in or within two hundred (200) yards of any residence or church or within two hundred (200) yards of any school building, school grounds, educational building, educational facility, college campus or adult entertainment establishment.

    (3)

    Any distilled spirits, wine or malt beverages within two hundred (200) yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein.

    (b)

    No person knowingly and intentionally may sell or offer to sell for consumption on the premises, except as allowed under subsection (h):

    (1)

    Any wine or malt beverages within one hundred (100) yards of any school, school grounds, educational facility or college campus;

    (2)

    Any distilled spirits in or within two hundred (200) yards of any church or within two hundred (200) yards of any school building, school grounds, educational facility or college campus;

    (3)

    Any distilled spirits, wine or malt beverages within two hundred (200) yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein.

    (c)

    The school building, school grounds, college campus, educational facility or educational building referred to in this section applies only to state, county, city, church school, day care, kindergarten or buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state.

    (d)

    For the purpose of this section, distance shall be measured by the most direct route of travel on the ground. Every license application shall include a scale drawing of the location of the proposed premises, showing the distance of the uses described in this section and a certificate of a registered land surveyor or professional engineer that the location complies with these distance requirements.

    (e)

    No license in effect as of April 30, 1998, shall be revoked before its date of expiration or renewal or transfer denied by reason of the method of measurement set out in this section, if the license was granted in reliance on another method of measurement. No application for a license shall be denied by reason of the method of measurement set out in this section if a prior license for the same location was in effect on April 30, 1998. No application for a license or renewal shall be denied by reason of the method of measurement set out in this section, if such application is pending on April 30, 1998.

    (f)

    Where an existing licensed location is interfered with by government action under the power of eminent domain, and not by a voluntary act of the licensee, the licensed use may relocate elsewhere on the property, and the new building site will be treated as an existing non-conforming use eligible for license renewal for purposes of the distance requirements of this section.

    (g)

    The school building, school grounds, educational building, educational facility and college campus distance requirements set forth in this section shall not apply to the sales of malt beverages and wine on property owned by the DeKalb County Board of Education and known as DeKalb County Memorial Stadium which is located within the boundary of Memorial College Avenue, Indian Creek Drive and Memorial Drive adjacent to campus of Georgia Perimeter College Clarkston ("the stadium"), when subject to the approval of the DeKalb County Board of Education, the stadium is being used for professional soccer games. The sale of malt beverages and wine shall be limited to sales within the boundaries of the stadium and not taken off of the stadium grounds.

    (h)

    The distance restrictions contained in subsection (b) do not apply to a restaurant as that term is defined in chapter 27 of this Code, if the following conditions are satisfied:

    (1)

    The restaurant must be located on property bearing the zoning district classification pedestrian community 1 ("PC-1"), pedestrian community 2 ("PC-2"), pedestrian community 3 ("PC-3"), or office-commercial-residential ("OCR"), as those terms are defined in chapter 27 of this Code; or

    (2)

    The restaurant must be located on property within an overlay district regulated in chapter 27 of this Code, except restaurants, if any, located in residential infill overlay districts as defined in chapter 27 of this Code; and

    (3)

    Restaurants located in zoning districts identified in subsections (h)(1) and (2) that desire to offer alcoholic beverages for consumption on premises shall be situated at least fifty (50) feet from any pre-existing single-family detached dwelling as that term is defined in chapter 27 of this Code. This fifty-foot buffer shall be measured from the property line of the single-family detached dwelling to the side wall of the restaurant closest to that property line; and

    (4)

    The distance restrictions contained in subsection (b) shall continue to apply to nightclubs and late-night establishments as those terms are defined in chapter 27 of this Code. The distance restrictions contained in subsection (b) shall continue to apply to restaurants, if any, located in residential infill overlay districts as defined in chapter 27 of this Code.

(Code 1976, § 7-2015; Ord. No. 89-31, § 1, 7-25-89; Ord. No. 98-04, Pt. 1, 4-30-98; Ord. No. 99-07, Pt. 1, 2-23-99; Ord. No. 99-12, Pt. 1, 3-23-99; Ord. No. 00-21, Pt. 1, §§ X, XI, 3-14-00; Ord. No. 31-02, Pt. I, 8-27-02; Ord. No. 34-02, Pt. I, 8-27-02; Ord. No. 09-11, Pt. I, 7-14-09)