§ 4-24. Location restrictions.

(a)

Distance measurements. The linear measurements as to location provided for in this section shall be from the nearest point of the residence, the school or church to the nearest point of the place of business, building or structure for which the license is sought, with the distance to be verified by the county marshal prior to issuance of the license.

(b)

Proximity to school or church. No license for the sale of beer and/or wine and/or distilled spirits, either for package sales or for consumption on the premises, shall be issued for any place of business which is located within 100 yards of any school or church.

(c)

Proximity to occupied residence. In addition to the requirements of subsection (a) of this section, no license for the retail sale of beer and/or wine and/or distilled spirits for consumption on the premises shall be issued to any place of business located within 100 yards of an occupied residence unless the location of the business was properly zoned for retail business purposes or held a valid license on the effective date of the ordinance from which this section is derived. Any residence owned by the same owner as the business seeking a beer and/or wine license shall likewise be exempt from the distance requirement.

(d)

Except for a farm winery located on land zoned for agriculture, no license permitted under this chapter shall be issued to any location which is not properly zoned for retail business purposes by an appropriate zoning ordinance or other authority for the county. Renewal applications for those who held a license on the effective date of the ordinance from which this chapter is derived shall be exempt from this provision.

(Ord. of 3-22-2011; Ord. of 4-22-2014 )

State law reference

Similar provisions, O.C.G.A. § 3-3-21.