Description
Georgia Code (O.C.G.A. § 3-3-21(b)(3) and § 3-4-47) grants municipalities the power to regulate the distance requirement between religious and educational institutions and establishments licensed to sell, distribute or manufacture alcoholic beverages. In 2016, revisions to the Alcoholic Beverage Ordinance eliminated the distance requirements.
Recommend that distance requirements be restored to Sec. 6-1207(c) of the Alcoholic Beverage Ordinance, with the following uses exempted:
- Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981;
- Hotels of less than 50 rooms for the retail sale of alcoholic beverages solely to occupants of the hotel and their guests by the drink for consumption only on premises;
- Private social clubs which are open only to their members and their guests and not to the general public, which do not advertise for or solicit patrons, which have an operating dining room as an integral part of its facilities, which dispense alcoholic beverages solely to club members or their guests by the drink and for consumption only on the premises;
- Restaurants that sell alcoholic beverages as a part of the meal or to restaurant patrons waiting for a table to be served a meal in a public place, licensed as a restaurant, and kept, maintained, advertised, and held out to the public as a place where meals are actually and regularly served, such place being provided with an adequate and sanitary kitchen and dining room equipment and seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests with the serving of alcoholic beverages to be consumed on premises as only incidental thereto;
- Colleges within the Historic District or Victorian District when the premises are zoned to allow such use;
- Businesses within the Historic District classified as banquet or reception halls, or event venues whose dominant business activity and related gross sales receipts are from the rental of facilities and catering of food for banquets, receptions, and events
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