§ 3-16. Sales of alcoholic beverages near churches, school buildings, or other sites.

(a)

(1)

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

a.

Any distilled spirits in or within 100 yards of any fee simple ownership church building or within 200 yards of any school building, educational building, school grounds, or college campus;

b.

Any wine or malt beverages 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.

c.

Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981.

(2)

As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690.

(b)

The city council may grant an exception to distance requirements as hereinbefore set forth to a proposed location for the sale of beer and wine in the original package and not for consumption on premises of not more than 50 percent, if the council finds the following circumstances exist:

(1)

The proposed site is located in an area of Kingsland where numerous establishments are licensed to sell malt beverages and wine and which were licensed prior to the adoption of this chapter (or insert date); and

(2)

The property line of the proposed site to be licensed is separated from the property line of a school, college, church or recognized place of worship by a public road having a right-of-way of not less than 100 feet in width; or

(3)

The property line of the proposed site to be licensed is separated from the property line of a school, college, or a fee simple ownership church or recognized place of worship by a permanent, natural or physical barrier of such nature as to render it highly unlikely that the distance of travel on the ground, between the two property lines, would be less than 600 feet.

(c)

Nothing contained in this section shall prohibit the issuance of a license to an existing licensed premises, licensed under this or any proceeding ordinance during the preceding 12 months.

(d)

For purposes of this Code section, distances shall be measured by the most direct route of legal public travel on the ground. The planning director or designated staff shall confirm the distances in the field to the best of their ability. The applicant may provide a signed and sealed survey provided by a Georgia licensed professional engineer of the property with the distances shown to the appropriate adjacent structure as measured in the field by said Georgia registered surveyor.

A fee simple ownership church property shall mean a property owned in fee simple by an officially registered religious body and actively used for religious purposes.

(Ord. No. 2007-14, 7-23-2007; Ord. No. 2008-16, 6-9-2008; Ord. No. 2017-07 , 7-24-2017)