§ 4-109. Distance requirements.

(a)

Pouring outlet.

(1)

No pouring license shall be granted to any person unless the front door of the premises of the proposed location is situated not less than one hundred (100) yards from any church building, not less than one hundred (100) yards from the property line of any school ground or college campus, and not less than one hundred (100) yards from any building used as an alcohol rehabilitation center, the same to be measured by the most direct route of travel on the ground; except as follows in subsection (b) below.

(2)

For any pouring license located in the central business district (being defined as its north boundary being two hundred (200) feet north of the north right-of-way of W. Church Street and E. Church Street, its west boundary being Bartow Street, its east boundary being Tennessee Street and its south boundary being Leake Street), the distance requirements in subsection (a) shall apply to all pouring establishments in the central business district, except that for a college or post-secondary institution the distance shall be one hundred fifty (150) feet instead of one hundred (100) yards and said distance shall be measured as indicated in subsection (a) above.

(3)

Each applicant for a pouring license shall include a scale drawing of the location of the proposed premises showing the distance to the nearest type of building and/or property lines of types of property referred to in subsections (a) and (b), or a certificate of a registered surveyor that such location complies with subsections (a) and (b).

(b)

Package store.

(1)

No retail dealer's license shall be granted to any person unless the front door of the premises of the proposed location is situated not less than one hundred (100) yards from any church building, not less than two hundred (200) yards from the property line of any school ground or college campus, and not less than one hundred (100) yards from any building used as an alcohol rehabilitation center. This distance shall be measured by the most direct route of travel on the ground.

(2)

No retail dealer's license shall be granted to any person unless the front door of the premises of the proposed location is situated at least one hundred (100) yards from any building used as a girl's club, boy's club, Y.M.C.A., community center, Salvation Army Center, or public library, and at least one hundred (100) yards from the property line of any public park. This distance shall be measured by the most direct route of travel on the ground.

(3)

No retail dealer's license shall be granted to any person for any proposed location of a retail package store which is within one hundred (100) feet of any private residence which is located within a nonresidential city zoning district. The distance shall be measured in all directions from the nearest wall enclosing the proposed premises where distilled spirits are to be sold to the nearest point of any residential property line within the city; provided, however, the distance from the rear of the premises of a licensee to the property line of any residence may be reduced to not less than fifty (50) feet, if the licensee installs and maintains a buffer in accordance with the City of Cartersville Zoning Ordinance section 4.17 or a fence not less than six (6) feet in height, nor more than eight (8) feet in height. Notwithstanding anything to the contrary in the ordinance codified herein, and only for purposes of this section 4-109, a multi-use zoning district shall be considered a nonresidential city zoning district and any proposed location of a retail package store shall be no less than one hundred (100) feet to any private residence. The zoning administrator shall determine if a fence or planted buffer is appropriate in light of the surrounding property and applicable zoning districts and standards. Once the zoning administrator has made his/her determination, the request is to be forwarded to the alcohol control board for their review and approval, approval with conditions, or rejection based on the following standards:

a.

Visual and lighting impact on surrounding properties.

b.

Surrounding property uses.

c.

Noise impact on surrounding properties.

d.

Location of dumpsters, loading areas, and drive and parking configuration.

(4)

No retail dealer's license shall be granted to any person for any proposed location of a retail package store which is within one hundred fifty (150) feet of any private residence, if such residence is located within a residential city zoning district. The distance shall be measured in all directions from the nearest wall enclosing the proposed premises where the distilled spirits are to be sold to the nearest point of any residential property line within the city.

(5)

Each applicant for a retail dealer's license shall include a scale drawing of the location of the proposed premises showing the distance to the nearest type of building and/or property lines of types of property referred to in this section or a certificate of a registered surveyor that such location complies with this section.

(6)

Unless otherwise provided by law, all measurements to determine distances, required by the City Code, for the issuance of city alcohol licenses, shall be measured by the most direct route of travel on the ground and shall be measured in the following manner:

a.

From the front door of the structure from which beverage alcohol is sold or offered for sale;

b.

In a straight line to the nearest public sidewalk, walkway, street, road or highway;

c.

Along such public sidewalk, walkway, street, road or highway by the nearest route;

d.

To the front door of the building, or to the nearest portion of the grounds, whichever is applicable under the appropriate statute or code.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 06-10, § 1, 2-18-10; Ord. No. 04-17, § 1, 1-19-17)