§ 3-58. Distance from libraries, churches, schools, etc.

(a)

License for on-premises consumption.

(1)

Distance requirement. No original license for consumption on the premises shall be issued for any location in the City unless the premises is situated at least the required distance, as set forth in this subsection, from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, and at least the required distance, as set forth in this subsection, from any property line of any school or college campus, at least the required distance, as set forth in this subsection, from any area zoned residential or any residence on residentially zoned property, and at least the required distance, as set forth in this subsection from any government-run alcoholic treatment center and housing authority property. If a Class I, II, III, or IV license for consumption on the premises, the distance set out shall be measured in a straight line and shall be computed from the property line of the aforesaid library, church, shrine, chapel, mortuary, other place used exclusively for religious services, school, college campus, area zoned residential, residentially zoned property, government-run alcoholic treatment center or housing authority property to the building in which is located the business for which the license is being sought. If a Class V license for consumption on the premises, the distance set out shall be measured in a straight line and shall be computed from the property line of the aforesaid library, church, shrine, chapel, mortuary, other place used exclusively for religious services, school, college campus, area zoned residential, residentially zoned property, government-run alcoholic treatment center or housing authority property to the building in which the one-time event, public event, or quasi-public event is located; or, if held at an outdoor premises, to the nearest boundary of the premises, as defined in the application for a Class V license.

(2)

License classifications. On-premises consumption of alcohol shall be classified as follows:

a.

Class I license, restaurant with a full kitchen but without a bar. Must derive a minimum of 90 percent of income from the sales of food. No original Class I license for consumption on premises shall be issued for any location in the City unless the building in which the business is located is situated at least 25 feet from any property line of any library, church, shrine, chapel or a mortuary, other place used exclusively for religious services, any school or college campus, and from any area zoned residential; at least 120 feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and 300 feet from any government-owned and operated treatment center or housing authority property. However, a license may be issued to a Class I establishment if the establishment is less than 25 feet from the property line of an area zoned residential or less than 120 feet from any residence on residentially zoned property, however, the time of operations restrictions established in subsection 3-28(a) for this separation exception shall apply.

b.

Class II license, restaurant with a full kitchen with a bar. Must derive a minimum of 60 percent of gross revenue from food sales. Must comply with required parking as detailed in the zoning ordinance. No original Class II license for consumption on the premises shall be issued for any location in the City unless the building in which the business is located is situated at least 80 feet from any property line of any library, church, shrine, chapel or a mortuary, other place used exclusively for religious services, any school or college campus, and any area zoned residential; at least 120 feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least 300 feet from any government-owned and operated alcoholic treatment center or housing authority property. However, a license may be issued to a Class II establishment if the establishment is less than 25 feet from the property line of an area zoned residential or less than 120 feet from any residence on residentially zoned property, however, the time of operations restrictions established in 3-28(a) for this separation exception shall apply.

c.

Class III license, nightclub, bar, tavern, etc. Any license that would not qualify as a Class I, Class II, Class IV or Class V. Must comply with required parking as detailed in the zoning ordinance. No original Class III license for consumption on the premises shall be issued for any location in the City unless the building in which the business is located is situated at least 300 feet from any property line of any library, church, shrine, chapel, mortuary, other place used exclusively for religious services, and any property line of any school or college campus; at least 200 feet from any area zoned residential and any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least 300 feet from any government-owned and operated alcoholic treatment center or housing authority property.

d.

Class IV license, billiard parlor or bowling alley. Must derive a minimum of 15 percent of gross income from food sales and a total of 60 percent of gross income from a combination of food sales and revenues from billiards and/or bowling. Must comply with required parking as detailed in the zoning ordinance. No original Class IV license for consumption on the premises shall be issued for any location in the City unless the building in which the business is located is situated at least 300 feet from any property line of any library, church, shrine, chapel, mortuary, other place used exclusively for religious services, and any school or college campus; at least 200 feet from any area zoned residential and any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least 300 feet from any government-owned and operated alcoholic treatment center or housing authority property.

e.

Class V license, public, quasi-public, and one-time events. Upon application to the City, a Class V license, for the purpose of selling beer, wine, and liquor for consumption at one-time event, public event, or quasi-public event premises for a maximum of three consecutive days, may be issued to:

1.

Any licensed alcoholic beverage caterer, as defined by O.C.G.A. § 3-11-1(2), including any Class I, II, III or IV license holder in the City, any holder of a license for consumption off the premises in the City, and any holder of an alcoholic beverage license for consumption on or off the premises from another municipality within the State; or

2.

Any bona fide nonprofit civic organization, as defined by O.C.G.A. § 3-9-5. No Class V license for consumption on the premises shall be issued for any location in the City unless the building or site in which the one-time event, public event, or quasi-public event is to take place is situated at least 50 feet from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, any school or college campus, and from any area zoned residential; at least 120 feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least 300 feet from any government-owned and operated alcoholic treatment center or housing authority property.

f.

Alcoholic beverage licensees located within the boundaries specified in section 519(g) shall not be subject to the provisions of subsections (a)(2)(a) and (a)(2)(b) of this section, except as otherwise required by state law. Owners, applicant managers and employees of such licensees shall be responsible for keeping a clean, orderly place, and no patrons shall cause a disturbance of any kind. No patrons shall be allowed to stand, sit, mingle, or assemble outside the building in parking lots or automobiles while drinking alcoholic beverages, unless a special use permit is obtained. Owners and applicant managers within the downtown triangle district shall be subject to all other provisions of chapter 3 of the Hinesville Code.

(b)

Licenses for off-premises consumption. Licenses for consumption off the premises may be issued, provided that the building in which the business is located is situated more than 150 feet from any residence on residentially zoned property or 600 feet from any school, library, church, shrine, or other place used exclusively for religious services, when measured from the portal of public entrance of such building where the license is sought to the nearest portal of any dwelling in such residential area or to the nearest portal of any residence on residentially zoned property or to the portal of any school, library, church, shrine, or other place used exclusively for religious services. Such measurement shall be made by following the public entrance of the building where the license is sought to the portal of the said nearest dwelling in any area zoned residential and any residence on residentially zoned property or the portal of any school, library, church, shrine, or other place used exclusively for religious services, whichever the case may be.

(Code 1978, § 3-16; Ord. No. 1991-2, § 1, 6-6-1991; Ord. No. 2000-7, §§ I(9), I(10), 11-16-2000; Ord. No. 2001-8, §§ I(2), I(3), 2-7-2002; Ord. No. 2002-05, § I, 1-2-2003; Ord. No. 2005-10, § I, 10-6-2005; Ord. No. 2011-03, § I, 3-3-2011; Ord. No. 2012-04, § I, 10-4-2012; Ord. No. 2014-01, § I, 1-16-2014; Ord. No. 2016-03, § 1, 7-21-2016)

State law reference

Location restrictions, O.C.G.A. § 3-3-21.

Editor's note

See editor's note at § 3-55.