§ 10-94. Certain areas exempt from distance restrictions for sale for consumption on premises.

(a)

Any applicant for a license for the sale of alcoholic beverages for consumption on the premises located within the following area shall not be required to comply with the distance requirements set forth in section 10-88:

(1)

Any property located on Peachtree Street or Road or any property located within a shopping center which has a frontage of at least 200 feet on Peachtree Street or Road.

(2)

Any property located on Stewart Avenue between Lakewood Freeway and I-85 or any property located within a shopping center which has a frontage of at least 200 feet on Stewart Avenue.

(3)

Any shopping center located on the east side of Monroe Drive between Eighth Street and Virginia Avenue.

(4)

Any property within Piedmont Park which has been leased by the city to an applicant for an initial term.

(5)

Any room or area within the Loudermilk Building, which is bounded by Auburn Avenue on the north, Edgewood on the south, Courtland Street on the east, and Peachtree Park Avenue on the west, which is controlled by a bona-fide nonprofit organization.

(6)

The Herndon Stadium, which is bounded by Martin Luther King, Jr. Drive on the south, Vine Street on the east, Rhode Street on the north and Sunset Street to the west, providing that such exemption shall be limited to use of Herndon Stadium by a duly incorporated division of a professional sports league in connection with official professional sporting events conducted by such league.

(7)

Any brewpub, restaurant, convention center, bar or combination thereof located on property registered in the National Register of Historic Places.

(8)

Any room or area within the premises located at 99 Krog Street, NE, which is bounded by Lake Avenue on the north, Edgewood Avenue on the south, and Krog Street on the west.

(9)

For that parcel of land located at 1039-1059 Grant Street and 0 Hill Street, S.E., Atlanta, Georgia, under the numbering system of the city and being more particularly described as:

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, as shown on that survey for Grant-Hill LLC and Old Republic National Title Insurance Company prepared by Conroy & Associates, P.C., bearing the seal and certification of Daniel F. Conroy, Georgia-Registered Land Surveyor No. 2350, said survey drawn May 31, 2007 and last revised June 10, 2007, to which survey reference is hereby made for a complete and accurate legal description and being more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING, commence at the intersection of the southerly right-of-way line of Grady Avenue (abandoned) and the westerly right-of-way line of Grant Street (50 foot right-of-way); thence run southwesterly a distance of 457.00 feet along the westerly right-of-way of Grant Street to an iron pin found in concrete and THE TRUE POINT OF BEGINNING; continue thence along said westerly right-of-way line South 00 degrees 16 minutes 03 seconds West a distance of 560.58 feet to an iron pin found (½ inch rebar); leaving said westerly right-of-way of Grant Street, run thence South 89 degrees 51 minutes 38 seconds West a distance of 307.14 feet to an iron pin found (mark on wall) on the easterly line of a 15 foot alley (not open); thence run along the easterly line of the 15 foot alley North 00 degrees 00 minutes 22 seconds East a distance of 561.75 feet to an iron pin found (½ inch rebar); leaving said easterly line of the 15 foot alley, thence run South 89 degrees 55 minutes 17 seconds East a distance of 309.69 feet to an iron pin found in concrete and THE TRUE POINT OF BEGINNING. Said parcel of land being known as 1035 and 1039 Grant Street, Atlanta, Georgia 30315 according to the current system of numbering property in the City of Atlanta, Fulton County, Georgia.

AND ALSO:

All that tract or parcel of land lying and being in Land Lot 42 of the 14th District of Fulton County, Georgia, and being more particularly described as follows:

Beginning at an iron pin found on the North right-of-way line of the Atlanta and West Point Railroad with its intersection with the West right-of-way of Grant Street; thence South 89 degrees 59 minutes 17 seconds West a distance of 81.01 feet to an iron pin found; thence North 00 degrees 37 minutes 33 seconds East a distance of 50.15 feet to an iron pin found; thence South 89 degrees 48 minutes 24 seconds West a distance of 424.31 feet to an iron pin found; thence North 00 degrees 16 minutes 08 seconds East a distance of 121.83 feet to an iron pin found; thence North 89 degrees 48 minutes 24 seconds East a distance of 200.20 feet to an iron pin set; thence North 00 degrees 05 minutes 43 seconds East a distance of 29.8 feet to an iron pin set; thence South 89 degrees 53 minutes 25 seconds East a distance of 307.2 feet to an iron pin found; thence south 00 degrees 55 minutes 43 seconds West a distance of 200.44 feet to an iron pin found and point of beginning, all as more particularly shown on a survey for Jay D. Kessler by Solar Land Surveying Company, dated March 8, 2000.

(10)

For brewpubs, restaurants, "Farm Wineries" as defined by state law, "Brewers" as defined by state law, and "Distillers" as defined by state law located at 929 Lee Street, Atlanta, Georgia 30310 situated on all that tract or parcel of land lying and being in Land Lots 106, 118 and 119 of the 14th District, Fulton County, Georgia and being more particularly described as follows:

All that tract or parcel of land lying and being in land lots 106, 118 and 119 of the 14th district, City of Atlanta, Fulton County, Georgia and being more particularly described as follows: Beginning at an iron pin set at the intersection of the southwesterly right-of-way of White Street (r/w varies) and the northwesterly right-of-way of Lee Street (r/w varies), thence departing said southwesterly right-of-way of White Street and proceeding along said northwesterly right-of-way of Lee Street South 33 degrees 11 minutes 05 seconds West a distance of 504.00 feet to a point; Thence South 33 degrees 26 minutes 14 seconds West a distance of 22.35 feet to an iron pin set at the intersection of said northwesterly right-of-way of Lee Street and the northeasterly right-of-way of Louisville and Nashville Railway Company (r/w varies); Thence departing said northwesterly right-of-way of Lee Street and proceeding along said northeasterly right-of-way of Louisville and Nashville Railway Company North 53 degrees 42 minutes 31 seconds West a distance of 280.28 feet to a point; Thence along a curve to the right with a radius of 477.47 feet and an arc length of 77.51 feet, said curve having a chord bearing of North 49 degrees 04 minutes 31 seconds West and a chord distance of 77.42 feet to a point; Thence North 44 degrees 25 minutes 31 seconds West a distance of 676.05 feet to a point; Thence South 36 degrees 15 minutes 31 seconds West a distance of 6.42 feet to a point; Thence North 53 degrees 42 minutes 31 seconds West a distance of 562.70 feet to an iron pin set; Thence departing said northeasterly right-of-way of Louisville and Nashville Railway Company North 36 degrees 17 minutes 29 seconds East a distance of 318.52 feet to an iron pin set on said southwesterly right-of-way of White Street; Thence proceeding along said southwesterly right-of-way of White Street South 54 degrees 06 minutes 42 seconds East a distance of 281.27 feet to a point; Thence South 55 degrees 08 minutes 13 seconds East a distance of 90.55 feet to a point; Thence South 58 degrees 21 minutes 04 seconds East a distance of 84.24 feet to a point; Thence South 60 degrees 55 minutes 03 seconds East a distance of 183.78 feet to a point; Thence South 60 degrees 06 minutes 37 seconds East a distance of 251.81 feet to a point; Thence South 57 degrees 42 minutes 13 seconds East a distance of 127.48 feet to a point; Thence South 57 degrees 00 minutes 51 seconds East a distance of 73.24 feet to a point; Thence along a curve to the left with a radius of 409.28 feet and an arc length of 46.56 feet, said curve having a chord bearing of South 53 degrees 33 minutes 25 seconds East and a chord distance of 46.53 feet to a point; Thence South 56 degrees 48 minutes 55 seconds East a distance of 424.40 feet to a point, said point being the TRUE POINT OF BEGINNING. Said tract contains 643,210 square feet or 14.77 acres and is shown as "parcel 4" on that certain ALTA/ACSM Land Title Survey for SRPF A/Lee & White, L.L.C., A10 capital, LLC, and First American Title Insurance Company, prepared by Travis Pruitt & Associates, Inc., bearing the seal and certification of Jaime F. Higgins, G.R.L.S. No. 2802, dated June 17, 2015, and as last revised October 15, 2015.

(11)

For that parcel of land located at 2246-2260 Marietta Boulevard, Atlanta, Georgia, under the numbering system of the City of Atlanta and being more particularly described as:

All that tract or parcel of land lying and being in Land Lots 221 and 230 of the 17 ^th District of Fulton County, Georgia and consisting of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 along with a Portion of Lots 4, 5, and 19 Lysmore Subdivision, a Portion of the current 40 foot Right-of-Way of Queen Street (A.K.A. Folger Avenue) (A.K.A. Folger Street) (To be Abandoned) and an Abandoned 10 foot alley (Ordinance No. 2001-22, Section 1, 3-14-01) and being more fully described as follows;

Start at a nail found located at the intersection of the Southwesterly right-of-way of Queen Street (A.K.A. Folger Avenue) (40' R/W) and the East right-of-way of Dunseath Avenue (Apparent 40' R/W) said nail also being the Point of Beginning. Thence from the Point of Beginning and running S58°48'00"E along the said Southwesterly right-of-way of Queen Street a distance of 123.28 feet to a point. Thence leaving the Southwesterly right-of-way and running N31°12'00"E a distance of 40.00 feet to point located along the Joint right-of-ways of the Northeasterly right-of-way of said Queen Street and the Southwesterly right-of-way of Marietta Boulevard (150' R/W). Thence running S59°13'07"E along said Northeasterly right-of-way of Queen Street a distance of 611.68 feet to a point. Thence leaving said Northeasterly Right-of-Way of Queen Street and running S59°13'07"E along the said Southwesterly Right-of-Way of Marietta Boulevard a distance of 227.46 feet to a point. Thence continuing along said Southwesterly Right-of-Way and following the arc of a curve to the left an arc distance of 247.80 feet (said arc having a radius of 3,774.58 feet, a chord bearing of S61°24'58"E and a chord distance of 247.75 feet) to a rebar set located at the intersection of the said Southwesterly right-of-way of Marietta Boulevard and the Northwesterly right-of-way of La Dawn Lane (Formerly Bolton Road) (Formerly Old Marietta Road) (40' R/W). Thence leaving said Southwesterly right-of-way and running S71°03'53"W along said Northwesterly right-of-way of La Dawn Lane a distance of 318.60 feet to a rebar set located at the intersection of the said Northwesterly right-of-way of La Dawn Lane and the Northeasterly right-of-way of Queen Street (A.K.A. Folger Street) (40' R/W). Thence leaving said intersection and running S79°52'13"W a distance of 40.42 feet to a rebar set located at the intersection of the Southwesterly right-of-way of said Queen Street and the North right-of-way of said LaDawn Lane. Thence running S87°55'05"W along said North right-of-way of LaDawn Lane a distance of 330.00 feet to a point. Thence running S87°50'43"W along said North right-of-way a distance of 95.41 feet to a rebar found. Thence running S88°41'54"W along said Right-of-Way a distance of 100.00 feet to a point. Thence running S88°16'54"W along said right-of-way a distance of 100.00 feet to a point. Thence leaving said North right-of-way of La Dawn Avenue and running N00°55'18"W a distance of 192.58 feet to a point. Thence running N00°36'36"W a distance of 100.92 feet to a point. Thence running N88°52'47"W a distance of 99.84 feet to a point located along the East right-of-way of Dunseath Avenue (Apparent 30' R/W at this Point). Thence running N05°27'47"E along said Apparent East right-of-way a distance of 59.09 feet to a point located along the Southwesterly line of said Abandoned Alley. Thence running N00°07'06"W along said Apparent East right-of-way a distance of 353.64 to said nail found and the Point of Beginning.

(12)

For that parcel of land located at 2465 Memorial Drive, Atlanta, Georgia, under the numbering system of the City of Atlanta and being more particularly described as:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 181 OF THE 15 ^th DISTRICT OF ATLANTA, DEKALB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

To reach the Point of Beginning, start at a point located at the intersection of the South Right-of-Way of Memorial Drive (R/W Varies) and the East Right-of-Way of Third Avenue (50'R/W) (as Presently Located). Thence running East along the said South Right-of-Way of Memorial Drive a distance of 589.40 feet to a nail set located in concrete and the Point of Beginning. Thence from the Point of Beginning and leaving said South Right-of-Way of Memorial Drive and running S21°45'56"E a distance of 162.80 feet to a nail set located in an asphalt drive. Thence running S89°45'45"E a distance of 25.50 feet to a point located in said asphalt drive. Thence leaving said drive and running S15°33'56"E a distance of 76.86 feet to a point. Thence runing N87°26' 19"W a distance of 86.94 feet to a point. Thence running N40°54'47"W a distance of 21.83 feet to a point. Thence running N28°59'58'W a distance of 20.48 feet to a point. Thence running 23°28'01 "W a distance of 20.04 feet to a point. Thence running N09°02'30"W a distance of 30.54 feet to a point. Thence running N00°46'00"W a distance of 28.89 feet to a point. Thence running N07°19'08"W a distance of 29.13 feet to a point. Thence running N11°19'30'W a distance of 28.79 feet to a point. Thence running N00°16'20"E a distance of 41.31 feet to a point. Thence running N24°22'04"E a distance of 12.77 feet to a point located along the said South Right-of-Way of Memorial Drive. Thence running S89°10'01E along said Right-of-Way a distance of 20.75 feet to nail set and the Point of Beginning.

(b)

Any applicant for a license for the sale of malt beverages or wine for consumption on the premises located within the following area shall not be required to comply with the distance requirements set forth in section 10-88:

(1)

Any property located in the Little 5 Points business district fronting on the east side of Moreland Avenue between Mansfield Avenue on the north and McLendon Avenue on the south and all properties fronting on the west side of Moreland Avenue between Mansfield Avenue on the north and McLendon Avenue on the south; any properties fronting on the south side of Euclid Avenue from 1097 on the west to 1189 on the east and all properties fronting on the north side of Euclid Avenue from 1118 on the west to 1190 on the east; any properties fronting on the east side of Seminole Avenue from 441 on the north to 420 on the south.

(2)

Any property located in the east Atlanta business district fronting on the east side of Flat Shoals Avenue between McPherson Avenue on the north and May Avenue on the south and all properties fronting on the west side of Flat Shoals Avenue between McPherson Avenue on the north and 559 Flat Shoals Avenue on the south; any property fronting on the south side of Glenwood Avenue between 1323 Glenwood Avenue on the west and Brownwood Avenue on the east and all properties fronting on the north side of Glenwood Avenue between Haas Avenue on the west and 1246 Glenwood Avenue on the west.

(3)

Any room or area within the Loudermilk Building, which is bounded by Auburn Avenue on the north, Edgewood on the south, Courtland Street on the east, and Peachtree Park Avenue on the west, which is controlled by a bona-fide nonprofit organization.

(c)

This section shall not apply to applicants for alcoholic beverage licenses for adult entertainment establishments.

(Code 1977, § 14-2044; Ord. No. 2001-7, §§ 1, 2, 1-23-01; Ord. No. 2003-56, § 1, 4-28-03; Ord. No. 2010-27(10-O-0780), § 1, 6-16-10; Ord. No. 2014-13(14-O-1136), § 1, 3-26-14 ; Ord. No. 2016-28(16-O-1423) , § 1, 9-15-16; Ord. No. 2017-25(17-O-1194), § 3, 5-15-17 ; Ord. No. 2017-44(17-O-1405), § 1, 7-26-17 ; Ord. No. 2018-39(18-O-1459), § 1, 9-13-18 )