§ 5.08.240. Proximity restrictions.

A.

No person knowingly and intentionally may sell or offer to sell:

1.

Any distilled spirits in or within one hundred (100) yards of any church building or within two hundred (200) yards of any school building, educational building, school grounds, or college campus;

2.

Any wine or malt beverages within one hundred (100) yards of any school building, school grounds, church or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to January 1, 2003 nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the twelve (12) months immediately preceding such application;

3.

Any distilled spirits, wine, or malt beverages within one hundred (100) yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This subsection shall not apply to any business having a license in effect on January 1, 2003.

4.

Nothing contained in this subsection shall prohibit licensees for the retail sale of alcoholic beverages for consumption on the premises only to obtain licenses for restaurants, so that for the retail sale of alcoholic beverages for consumption on the premises only in restaurants, there shall be no distance requirements for properties zoned HOC (Highway Oriented Commercial), HOC IA (Limited Highway Oriented Commercial), or CBD (Central Business District). For the purpose of this subsection, a restaurant shall mean an establishment that promotes the sale of prepared food as the dominant part of its business and derives at least fifty (50) percent of its revenue from the sale of such prepared food. This revenue percentage shall be certified under oath by a certified public accountant for the applicant. For new licensees, the certification may be based on a business plan for the restaurant. For renewing licensees, the certification shall be based on historic revenues. This exemption for retail sale of alcoholic beverages for consumption on the premises for restaurants only is made pursuant to the express authority of O.C.G.A. § 3-3-21(b)(3).

B.

Nothing contained in this article shall prohibit the licensing of the sale or distribution of alcoholic beverages by:

1.

Hotels of fifty (50) rooms or more which have been in continuous operation for a period of at least five years preceding January 1, 2003.

2.

Bona fide private clubs, owning their own premises, subject to licensing under state law.

C.

For the purposes of this article, distances shall be measured by the most direct route of travel on the ground from the closest entryway of the applicant's business establishment to the closest entryway of a church, school, or educational building.

(Ord. of 5-8-17, § 1; Ord. of 12-9-13, § 1; Ord. 02-04 (part))