Ga. Comp. R. & Regs. 560-2-2-.12

Current through Rules and Regulations filed through October 29, 2024

Rule 560-2-2-.12 - Measurement of Distances

(1) Unless otherwise provided by law, all measurements to determine compliance with distance requirements under the Act for the issuance of an initial state Alcoholic Beverages license shall be measured by the most direct route of travel on the ground and shall be measured in the following manner:

(a) Prior to April 1, 2007:

1. From the front door of the structure which Alcoholic Beverages are sold or offered for sale;

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

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

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

(b) After March 31, 2007:

1. In a straight line from the front door of the structure from which Alcoholic Beverages are sold or offered for sale;

2. To the front door of the building of a church, government-owned treatment center or a retail package store; or

3. To the nearest property line of the real property being used for school or educational purposes.

(2) When measuring distances pursuant to this Rule, the Department will ignore obstacles added by the licensee or any other party, such as fences or other improvements or obstructions, added with the purpose of increasing the measurement of distance, and where removal of all such obstacles would result in the premises not satisfying any applicable distance requirement. The Department will measure over or through any such obstacles, as the Department deems appropriate, to obtain the proper distance measurement.

(3) All renewal applications shall use the measurements required in the initial application and license.

Ga. Comp. R. & Regs. R. 560-2-2-.12

O.C.G.A. §§ 3-2-2, 3-3-21.

Original Rule entitled "Compliance With Transportation Rules and Regulations" adopted. F. and eff. June 30, 1965.

Repealed: New Rule entitled "Validity of License" adopted. F. May 5, 1982; eff. May 25, 1982.

Repealed: New Rule entitled "Measurement of Distances" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.

Amended: F. Oct. 5, 2023; eff. Oct. 25, 2023.