§ 6-211. Distance requirements.

(a)

No original license will be issued hereunder where the place of business is located as follows:

(1)

Within 100 feet of any private residence as measured in any direction, unless such residence is itself in a commercial district; however, should the proposed premises be located on a corner, said distance from the nearest point of any residential building in the rear of the proposed premises on the side street must be not less than 50 feet; however, mixed-use development as defined in section 6-2 of article I is exempt from the distance requirement set forth in this subsection; or

(2)

Within 200 feet of a branch of any public library; or

(3)

Within 300 feet of any church, shrine, chapel of a mortuary, or other place used exclusively for religious services; provided, however, that no establishment will be licensed to sell distilled spirits by the package within 600 feet; or

(4)

Within 300 feet of any school ground or college campus. The schools or colleges referred to herein include only such state, county, city, church, or other schools as teach subjects commonly taught in the common schools and colleges of this state, and do not include private schools or colleges wherein only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught; or

(5)

The building in which the proposed business is to be located must not be within 200 feet of a regular stop as designated by the Fulton County Board of Education where a school bus for the transportation of school children in the Public Schools of Fulton County Board or discharge schoolchildren.

(b)

Using the straight line method, distances hereunder will be measured from the main customer entrance of the premises to be licensed to the main entrance of the establishments described in subsections (a)(1)—(2) of this section. For subsections (a)(3)—(4) of this section, distances will be measured by the most direct route of travel on the ground.

(Ord. No. 05-1249, 11-2-05)

State law reference

Sale of alcoholic beverages near churches, school buildings or other sites, O.C.G.A. § 3-3-21.