Title 3, Chapter 3, Section 21
( 3-3-21)
(a)(1) No person knowingly and intentionally may sell or offer to
sell: (A) Any distilled spirits in or within 100 yards of any church
building or within 200 yards of any school building, educational
building, school grounds, or college campus; (B) Any wine or malt beverages within 100 yards of any school
building, school grounds, or college campus. This subparagraph
shall not apply at any location for which a license has been
issued prior to July 1, 1981, nor to the renewal of such
license. Nor shall this subparagraph apply at any location for
which a new license is applied for if the sale of wine and beer
was lawful at such location at any time during the 12 months
immediately preceding such application; (C) Any distilled spirits, wine, or malt beverages within 100
yards of an alcoholic treatment center owned and operated by
this state or any county or municipal government therein. This
paragraph shall not apply to any business having a license in
effect on July 1, 1981. (2) As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690. (b) Nothing contained in this Code section shall prohibit the
licensing of the sale or distribution of alcoholic beverages by: (1) Hotels of 50 rooms or more which have been in continuous
operation for a period of at least five years preceding July 1,
1981; (2) Bona fide private clubs, owning their own homes, subject to
licensing under Chapter 7 of this title; and (3) Licensees for the retail sale of alcoholic beverages for
consumption on the premises only who shall be subject to
regulation as to distances from churches, schools, and colleges by
counties and municipalities. (c) For purposes of this Code section, distances shall be measured
by the most direct route of travel on the ground. (d)(1) In counties having a population of not less than 175,000
nor more than 195,000, according to the United States decennial
census of 1970 or any future such census, the distances provided
in subparagraph (a)(1)(A) of this Code section for separation of
businesses licensed under this title from churches and schools
shall be measured as follows: (A) From the property line of the tract on which is located the
business regulated under this title;
(B) To the property line of the tract on which is located the
church, school ground, or college campus; and (C) Along a straight line which describes the shortest distance
between the two property lines. (2) No license in effect on April 13, 1979, shall be revoked
before its date of expiration by reason of the method of
measurement set out in this subsection if the license was granted
in reliance on another method of measurement. No application for
a license or for a renewal shall be denied by reason of the method
of measurement set out in this subsection if the application is
for premises for which a license was granted prior to April 13,
1979, in reliance on another method of measurement. (e)(1) As used in this subsection, the term "housing authority
property" means any property containing 300 housing units or fewer
owned or operated by a housing authority created by Article 1 of
Chapter 3 of Title 8, the "Housing Authorities Law." (2) No person knowingly and intentionally may sell any alcoholic
beverages for consumption on the premises within 100 yards of any
housing authority property. This subsection shall not apply at
any location for which a license has been issued prior to July 1,
2000, nor to the renewal of such license. Nor shall this
subsection apply at any location for which a new license is
applied for if the sale of alcoholic beverages for consumption on
the premises was lawful at such location at any time during the 12
months immediately preceding such application. |