§ 10-88. Distances of establishments from residences, schools, churches, libraries, hospitals and other public places.

(a)

No license hereunder shall be issued for any location where alcoholic beverages are sold whose proposed boundary line is within 300 feet of any private residence. The distance for the purpose of this section, notwithstanding the definition of distance contained in section 10-1, shall be measured by straight line from the closest point of the property line of the proposed site where alcoholic beverages are sold to the nearest point of any residential building, provided, however, that when the applicant is located within a shopping center containing a minimum of 80,000 square feet the distance from any private residence shall be reduced to 150 feet.

(b)

No license shall be issued hereunder where the applicant's place of business where alcoholic beverages are to be sold is located within 300 feet of a branch of the Atlanta Public Library or within 500 feet of any church, or public park or within 300 feet of any private hospital, or mental health care facility, or public hospital which is owned and operated by any government agency or authority and used for hospitalization, or within 600 feet of a school ground or college campus, or any youth serving organization or any recreational facility that primarily serves school children under 18 years of age, or within 300 feet of any tattoo establishment as defined in section 30-1271, except that the restrictions of this section shall not apply to hotels of 50 rooms or more which have been in continuous operation for a period of at least five years immediately prior to April 5, 1938, or to the operator of a restaurant applying for a license for the sale and consumption by the drink of spirituous liquors where the operator held a license authorizing the sale and consumption by the drink of either malt beverages or vinous liquors at that restaurant on October 3, 1966, and has maintained the license in good standing from that time until the time of the application hereunder; provided further, that alcoholic beverage establishments which are located within a shopping center having 30,000 square feet or more and in which a branch of the Atlanta Public Library is also located shall not be required to comply with the above-described distance requirement for a branch of the Atlanta Public Library; provided further with regard to applications for licenses to sell alcoholic beverage for consumption on the premises, no distance requirements as to churches shall apply to churches which are located in commercial buildings or that move into existing commercial buildings in areas zoned for commercial purpose, and when such churches are within 300 feet of an existing establishment with a license to sell alcoholic beverages on the premises.

(c)

The wholesaler's license for the sale of alcoholic beverages may be issued for a location within the above-prescribed distances of a private residence or residences, if the residence or residences are situated on property which is zoned for commercial or industrial use under the zoning ordinance of the city.

(d)

The distance requirements and exemptions set forth in this section shall no longer apply to package stores which must meet the distance requirements set forth in section 10-88.1; provided, however, that the provisions of this section shall not apply to locations licensed prior to the effective date of this section or to renewals thereof. The distance requirements and exemptions set forth in this section shall not apply to wine specialty shops which must meet the distance requirements set forth in subsection 10-88.1(e); city food markets which must meet the distance requirements set forth in subsection 10-88.1(f); or specialty food shops which must meet the distance requirements set forth in subsection 10-88.1(g).

(e)

The provisions of this section shall not apply to licenses issued hereunder to continuing education centers, restaurants or sidewalk cafés, as defined in section 10-1, for the sale of alcoholic beverages for on-premises consumption; provided, however, that in order for a restaurant or sidewalk café to come within this exemption it shall provide no entertainment, as defined in section 10-1, unless it is located either:

(i)

Within a mixed-use development (as that term is defined in section 1629.001(24)) that has zoning approval for at least 50,000 square feet of retail space, 100,000 square feet of office space and 300 residential units; or

(ii)

Within a multi-building complex, which, for purposes of this code section, shall mean a group of buildings planned, developed and managed as a unit which is comprised of at least 50,000 square feet of retail shopping and/or restaurant space, at least 50,000 square feet of institutional office space; at least 100,000 square feet of space used for research and education, and at least 100,000 square feet of conference center space, as long as such multi-building complex is located on a college campus. Under no circumstances may music and/or live entertainment be provided in an outdoor dining area; or

(iii)

Within a mixed-use development (as that term is defined in section 1629.001(24)), comprised of not less than 99,000 total square feet, that has zoning approval for at least 2,000 square feet of retail space, 3,000 square feet of office space and at least 70 residential units, which is located within the jurisdictional boundaries of the City of Atlanta Downtown Development Authority and is also located within an Urban Enterprise Zone created by the city.

(f)

Upon written request by a licensee operating a restaurant or sidewalk café that satisfies the requirements of section 10-88(e)(i) or 10-88(e)(iii), the City of Atlanta Mayor shall authorize such Licensee to provide entertainment, as defined in section 10-1, upon receipt of confirmation from the City of Atlanta Zoning Division that the mixed-use development has zoning approval as required by this section. As used in this section, "zoning approval" shall mean the zoning classification assigned to the mixed-use development would allow development of the minimum square footage set forth in section 10-88(e)(i) or section 10-88(e)(iii); however, zoning approval does not require actual development of the minimum square footage of retail space, office space, or residential units.

(Code 1977, § 14-2038; Ord. No. 1995-43, § 4, 8-28-95; Ord. No. 2001-88, § 6, 11-28-01; Ord. No. 2004-42, § 1, 7-14-04; Ord. No. 2004-46, § 5, 7-22-04; Ord. No. 2005-08, § 1, 2-14-05; Ord. No. 2005-56, § 3, 9-27-05; Ord. No. 2005-82, § 1, 11-22-05; Ord. No. 2006-87, § 5, 12-13-06; Ord. No. 2009-12 (08-O-0843), § 2, 3-25-09; Ord. No. 2012-19(12-O-0484), § 1, 5-16-12; Ord. No. 2013-60(13-O-1379), § 2, 11-27-13 )