§ 6-101. Location requirements.

(a)

No license shall be issued under the terms of this division for a license where:

(1)

The main structure of a place of business for the sale of any wine or malt beverages is located within 100 yards of any school building, school grounds or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1,1981, nor to the renewal of such license. Nor shall this subparagraph 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 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the county or municipality.

(2)

The main structure of a place of business for the sale of any distilled spirits, wine, or malt beverages is located within 100 yards of an alcoholic treatment center owned and operated by the state or any county or municipal government.

(b)

The term "school" shall include kindergartens, primary and secondary schools, colleges and other educational institutions, whether public or private. This provision shall not apply where it would prohibit the renewal of a license for the sale of malt beverages and wine at a location where a license holder had been granted a license under the terms of a prior resolution of the city council relating to the sale of malt beverages and wines; in such a case, a license may be renewed by the same license holder or his transferee for the place of business so long as all other provisions of this division are complied with.

(c)

All places of business that front River Street or the Ellijay City Square or are on North Church Street, including but not beyond 29 North Church Street, or North Main Street including, but not beyond 28 North Main and are located within the central business district shall be exempt from the restrictions relating to distance from church structures, school structures and school grounds imposed by this section and shall be issued a consumption on the premises license in accordance with this section without regard to distance from church structures, school structures or school grounds. Said consumption on the premises license shall authorize the sale of distilled spirits, wine, and/or malt beverages. This [section] is incompliance with O.C.G.A. § 3-3-21(a)(l—3) by exemption as set forth in O.C.G.A. § 3-3-21(b)(3).

(d)

For the purposes of this section, distances shall be measured by the most direct route of travel on the ground, using the public streets and sidewalks.

(e)

This section shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application.

(f)

Brew pub license shall only be issued to restaurants which meet the requirements as set forth in section 6-78(b).

(g)

The applicant for a license under this division shall pay to the clerk of the city at the time of his application an annual license fee as fixed from time to time by the city.

( Ord. No. 041717 , § 1, 4-18-2017; Ord. No. 101617A , § 1, 10-16-2017)