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Alcohol Survey-Marietta code provides specific guidelines and specific zoning requirements which each applicant must meet. I highly recommend visiting https://library.municode.com/ga/marietta/codes/code_of_ordinances?nodeId=COMAGE1996 to review these requirements. Each applicant needs to read and understand the complete code which governs the issuance of an alcohol license in the City of Marietta, Georgia.
This page will concentrate on the alcohol survey-Marietta requirements, which are an important part of the application. We hope this will help with your decision about where to locate your place of business.
This page will give you an understanding of the distance requirement and allow you to decide if your location complies with Marietta alcohol distance guidelines.
Chapter 8-8 - Alcoholic Beverages and specifically Article 8-8-2 – General Provisions state:
“Unless the following uses of property are nonconforming under the city's zoning regulations, no person shall be licensed by the city under this chapter where the proposed place of business is within a distance of 300 feet of any church, or primary or secondary school; or provided, however, that:
1. Where the applicant's place of business is within the central business district and is a restaurant whose food sales equal at least 75 percent of its gross annual sales. Then the aforementioned distance requirement shall be reduced to 150 feet; or
2. Where the applicant's place of business is located 300 feet of any public or private college or university, and is a restaurant whose food sales equal at least 50 percent of its gross annual sales, then the aforementioned distance requirement shall be reduced to 50 feet.”
It is important to understand that each jurisdiction differs from the requirement for distances to the nearest establishments that may be adversely affected by the issuance of an alcohol license. The alcohol surveys-Marietta must reflect the requirements set forth by the City of Marietta.
For any spirituous liquor licenses for retail, consumption on the premises or otherwise, the distance requirement from primary or secondary schools shall be increased to 600 feet. The definition for “spirituous liquors” shall mean all beverages containing alcohol, obtained by distillation or containing more than 21 percent alcohol by volume, including fortified wines.
From the Code of Ordinance for Marietta:
“No alcoholic beverage pouring license shall be issued to any person when the front door of the proposed place of business is located within 65 feet, as set forth below, of the front corner of any parcel of land which is zoned and used as R-1, R-2, R-3, R-4, RA-4, RA-6 and RA-8 for single-family residential as such classifications are defined in the Zoning Code of the City of Marietta. The distance shall be measured from the nearest comer of the front yard of the nearest residence zoned in the above-referenced categories of single-family residential to the front door of the proposed licensee's premises along the nearest practical street route.”
Section 8-8-2-210 state, “Notwithstanding anything to the contrary herein, no church which becomes located within the central business district after December 20, 1994, shall be entitled to object to the location of a licensee within 300 feet of such church and no license shall be denied because it is within the prohibited footage as set forth in Subsection A. above when such footage is applied to a church which became located within the central business district after December 20, 1994. In addition, no license shall be denied because the location is within the prohibited footage of a temporary church.
And, Notwithstanding
anything to the contrary herein, no church, as defined in Section 8-8-2-010 on the date of
the adoption of the ordinance codified in this Part 8 of the Code, which
expands within the central business district after December 20, 1994, shall be entitled
to object to the location of a licensee within 300 feet of such expansion and
no licensee shall be denied because the location is within the prohibited
footage of the expanded area (land or building) tor any expansion after
December 20, 1994.”
They list other Code requirements in the Official Code of Marietta, Georgia. Do not rely solely on this site or any other website for your complete information. Read and understand the complete code for the City of Marietta for obtaining an alcohol license. We also highly recommend meeting with the City of Marietta staff to discuss your business location and alcohol survey-Marietta requirements.
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