§ 6-153. Location requirements.

(a)

No licenses shall be issued in the following circumstances:

(1)

No license shall be issued under the terms of this division for a license where the front door of the main structure of the place of business for the sale of any distilled spirits is located within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus.

(2)

No license shall be issued under the terms of this division for a license where 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 of Georgia or any county or municipal government.

(3)

No license shall be issued under the terms of this division for a license where 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 any housing authority property. As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia, the "Housing Authorities Law."

(b)

The word "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 distilled spirits 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 distilled spirits; 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 25 North Church Street and are located within the central business district shall be exempt from the restrictions relating to distance from church structures 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.

(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.

( Ord. No. 041816 , § 1, 4-18-2016)