§ 10-93. Exemptions for the sale of alcoholic beverages by the package.  


Latest version.
  • (a)

    Any applicant for a license to sell wine and/or malt beverages by the package, and not distilled spirits by the package, shall be exempt from the distance requirement provided for in section 10-88.1(b)(5) of the City Code of Ordinances from churches or similar places of religious worship if the location for which the license is being sought and the applicant for such license meet the following requirements:

    (1)

    The location for which a license to sell wine and/or malt beverages is being sought must have an address on Peachtree Street or Road, and it must be within the area designated by the city as the Midtown Community Improvement District; and

    (2)

    At the time of filing the application, the applicant for the license to sell wine and/or malt beverages by the package, or his agent, must hold a current license in the city to sell beer and/or wine for consumption on the premises in a restaurant which has a Peachtree Street or road address and which is located immediately adjacent to the location for which the applicant is seeking a license to sell wine and/or malt beverages by the package. For purposes of this Code section, the term "immediately adjacent to" shall mean directly next door or side by side to each other.

    (3)

    In conjunction with the sale of wine and/or malt beverages by the package in the new location, the applicant must sell food to be consumed off premises which is prepared in the kitchen of the restaurant located immediately adjacent to the location which will sell packaged wine and/or beer.

    (b)

    Any applicant for a license to sell alcoholic beverages, including beer, wine and distilled spirits, by the package within the following areas shall not be required to comply with the distance requirements set forth in section 10-88.1 of the City Code of Ordinances:

    (1)

    If the applicant for such license and the location for which the license is being sought meets the following requirements:

    a.

    At the time of filing the application for a license, the applicant for the license to sell alcoholic beverages by the package, or his agent, must have been issued a license to sell alcoholic beverages by the package within the past 12 months in an establishment located within SPI 16;

    b.

    The applicant or his agent has filed an application for a license to sell alcoholic beverages by the package at a new location within SPI 16 because the business can no longer be operated at the former location due to either the planned demolition or reconstruction of the building within which the establishment was located; and

    c.

    The new location for which a license to sell alcoholic beverages is being sought lies within the following area:

    All that tract or parcel of land lying and being in Land Lots 106 & 107 of the 17th District of Fulton County, Georgia and being more particularly described as follows: Beginning at a PK nail set at the intersection of the northwesterly right-of-way of Peachtree Place (50' R/W) and the southwesterly right-of-way of West Peachtree Street (75' R/W); thence along said right-of-way of Peachtree Place South 83 degrees 06 minutes 36 seconds West a distance of 182.35 feet to a PK nail set; thence departing said right-of-way North 13 degrees 58 minutes 14 seconds West a distance of 123.60 feet to a PK nail set; thence North 57 degrees 11 minutes 26 seconds East a distance of 169.77 feet to a PK nail set on said right-of-way of West Peachtree Street; thence along said right-of-way along a curve to the left an arc distance of 71.31 feet (being subtended by a chord distance of 71.29 feet a bearing of South 21 degrees 35 minutes 28 seconds East and a 920.70 foot radius) to a point; thence along a curve to the right an arc distance of 42.84 feet (being subtended by a chord distance of 42.84 feet, a bearing of South 20 degrees 36 minutes 11 seconds East and a 7791.88 foot radius) to said PK nail set and the POINT OF BEGINNING.

    (2)

    If the location for which the license is being sought within the following:

    a.

    That parcel of land known as 275 Memorial Drive, S.E. and being more particularly described as all that tract or parcel of land lying and being in the City of Atlanta in Land Lot 53 of the 14th District, Fulton County, Georgia and being more particularly described as follows: Beginning at a 5/8 -inch rebar set at the north side of the mitered intersection of the southerly right-of-way of Memorial Drive having a variable right-of-way and the east side of Hill Street having a variable right-of-way and thence run along said southerly right-of-way South 89 degrees 12 minutes 36 seconds East, a distance of 355.66 feet to a 5/8 -inch rebar set; Thence South 00 degrees 40 minutes 48 seconds West, a distance of 194.01 feet to a 5/8 -inch rebar set; Thence North 89 degrees 17 minutes 08 seconds West, a distance of 34.00 feet to a crimp top pipe found; Thence South 00 degrees 40 minutes 48 seconds West, a distance of 0.56 feet to a point; Thence North 89 degrees 32 minutes 53 seconds West, a distance of 66.00 feet to a 5/8 -inch rebar set; Thence South 00 degrees 42 minutes 55 seconds West, a distance of 1.48 feet to a 5/8 -inch rebar set; Thence North 89 degrees 12 minutes 36 seconds West, a distance of 50.00 feet to a 5/8 -inch rebar set; Thence North 00 degrees 41 minutes 52 seconds East, a distance of 1.27 feet to a 5/8 -inch rebar set; Thence North 89 degrees 17 minutes 08 seconds West, a distance of 57.56 feet to a 5/8 -inch rebar set; Thence North 00 degrees 43 minutes 42 seconds East, a distance of 55.28 feet to a 5/8 -inch rebar set; Thence North 88 degrees 49 minutes 27 seconds West, a distance of 42.58 feet to a ½-inch rebar found; Thence North 02 degrees 16 minutes 58 seconds East, a distance of 0.88 feet to a 5/8 -inch rebar set; Thence North 89 degrees 12 minutes 05 seconds West, a distance of 130.95 feet to a 5/8 - inch rebar set on said easterly right-of-way; Thence run along said westerly right-of-way North 00 degrees 46 minutes 35 seconds East, a distance of 124.40 feet to a 5/8 -inch rebar set on the south side of said miter; Thence run along said miter North 61 degrees 02 minutes 12 seconds East, a distance of 28.93 feet to a 5/8 - inch rebar set and the Point of Beginning.

    b.

    That property located at 464 Windsor Street, SW, and situated on all that tract or parcel of land lying in and being in the City of Atlanta, Land Lot #76 of the 14th District, Fulton County, Georgia and being more particularly described as follows:

    Exhibit "A"

    All that tract or parcel of land lying and being in Land Lot 76 of the 14th Land District of Fulton County, Georgia, being more particularly described as follows:

    Beginning at the point of intersection of the northerly right-of-way line of Fulton Street (seventy-foot right-of-way) and the easterly right-of-way line of Windsor Street (right-of-way varies), said point being marked by an iron pin set, run thence along said right-of-way line of Windsor Street North 01 degrees 44 minutes 02 seconds East a distance of 309.16 feet to a point marked by an iron pin set, continue thence along said right-of-way line South 88 degrees 21 minutes 11 seconds East a distance of 41.63 feet to a point marked by an iron pin set, continue thence along said right-of-way line North 00 degrees 14 minutes 49 seconds East a distance of 111.68 feet to a point located on the southerly right-of-way line of Eugenia Street (thirty-foot right-of-way), said point being marked by an iron pin set, thence leaving said right-of-way line of Windsor Street run along said right-of-way line of Eugenia Street South 88 degrees 52 minutes 07 seconds East a distance of 109.38 feet to a point marked by an iron pin set, thence leaving said right-of-way line, run South 00 degrees 15 minutes 00 seconds East a distance of 111.82 feet to a point marked by an iron pin set; run thence South 00 degrees 53 minutes 12 seconds West a distance of 50.48 feet to a point marked by an iron pin set, run thence South 05 degrees 53 minutes 28 seconds West a distance of 13.91 feet to a point marked by an iron pin set, run thence South 01 degrees 21 minutes 16 seconds West a distance of 67.76 feet to a point marked by an iron pin set, run thence South 89 degrees 23 minutes 09 seconds East a distance of 6.70 feet to a point marked by an iron pin set, run thence South 00 degrees 54 minutes 40 seconds West a distance of 176.31 feet to a point located on the northerly right-of-way line of Fulton Street, said point being marked by an iron pin set, run thence along said right-of-way line North 88 degrees 58 minutes 28 seconds West a distance of 161.41 feet to the point of intersection of Windsor Street and Fulton Street, said point being marked by an iron pin set and said point being the true point of beginning.

    Said tract of land contains 1.392 acres, more or less, and is more particularly described on a Boundary and Topographic Survey prepared by Conroy & Associates, P.C., bearing the seal and certification of Daniel F. Conroy, Georgia Registered Land Surveyor No. 2350, surveyed September 11, 2014, drawn September 12, 2014 and last revised on September 14, 2014, said survey being numbered: AO137.

(Ord. No. 2001-80, § 1, 11-13-01; Ord. No. 2003-100, § 1, 10-14-03; Ord. No. 2016-14(16-O-1213), § 1, 5-25-16 ; Ord. No. 2018-13(18-O-1227), § 2, 5-16-18 )