§ 10-34. Application contents and investigation.
(a)
Background investigations shall be made on the applicant and any other person who may have an "interest in license" should a license be granted to the applicant, and applicants must remit the fees established by the city for such investigations.
(b)
The application shall list the following and, if issued, the licensee shall immediately inform the city in writing of any changes in the following information. The applicant shall state the following information under oath on the application:
(1)
Name and address of the business operation;
(2)
The owner, if the business is solely owned;
(3)
Name and address of each applicant and each person who would have an interest in the license as defined in section 10-1. In the case of a corporation, this list would include only those stockholders owning five percent or more of a closely held corporation's stock or a person having subscriptions, options, and/or warrants for purchase of a closely held corporation's stock that when fully executed would give that person five percent or more of the corporation's stock. In the case of a corporation that is not closely held, this list would include only stockholders owning 50 percent or more of a corporation's stock, or a person having subscriptions, options, and/or warrants for purchase of a corporation's (that is not closely held) stock that where fully executed would give that person 50 percent or more of the corporation's stock. In the case of a partnership, each general and limited partner would be included. In the case of a limited liability company, all members are entitled to five percent or more of the limited liability company's gross income. If a non-profit, the list will include the non-profit's board of directors, or board of trustees or board of advisors.
(4)
The general manager of the particular business location.
(5)
Description of the business operation, location, and facilities.
(6)
Recognizing the planned and actual mixed use and higher density development within the city's historic town center (Main Street District) as contrasted to the more segregated uses and districts and lower density of the remainder of the city:
a.
Within the Main Street Architectural Overlay District (as defined by section 94-187 of the City's Code; hereinafter "Main Street District"), no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 200 yards of any school building, educational building, school grounds, or college campus; no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 100 yards of any church facility, [except that this limitation "within 100 yards of any church facility" shall not apply to, limit or restrict the location or operation of any applicant or licensee for the sale of distilled spirits, wine or malt beverages (one, all or any combination thereof) for on-premises consumption when the location of the applicant's or licensee's "sale for on-premises consumption" is within the Old Courthouse Square of the Main Street Architectural Overlay District, specifically: Stonewall Avenue between and including addresses 101 Stonewall Avenue East and 129 Stonewall Avenue East; and Glynn Street between and including addresses 101 Glynn Street South and 119 Glynn Street South; and 140 Lanier Avenue East; and also except that this limitation "within 100 yards of any church facility" shall not apply to, limit or restrict the location or operation of any applicant or licensee for the sale of distilled spirits, wine or malt beverages (one, all or any combination thereof) for on-premises consumption when the church facility in question is located in a Planned Commercial Center as defined at section 94-3 of the City's Code of Ordinances, or a shopping center or retail center that qualifies as a Planned Commercial Center], or alcoholic treatment center owned and operated by the state or any county or municipal government within the state; no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 100 yards of any private residence measured along the most direct route of travel, which residence is located outside of the Main Street District (all of the former collectively called "protected activity"). The above stated required distances between the sale of alcoholic beverages and any protected activity shall be applicable to both protected activities within the city limits and protected activities outside of the city limits. As used herein, the term "school building" or "educational building" shall apply 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 or private schools as defined in subsection (b) of the O.C.G.A. § 20-2-690. As used herein, school grounds shall mean, real property on which a school building or educational building, as defined above, is located and where educational instruction is given to students on a routine and ongoing basis. As used herein, residence shall mean any building or structure, in a residential zoning district or which constitutes a legal nonconforming use, in which a person or persons may legally reside.
b.
Within the city outside of the Main Street Architectural Overlay District (as defined by section 94-187 of the City's Code; hereinafter "Main Street District"), no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 200 yards of any school building, educational building, school grounds, or college campus; no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 100 yards of any church facility, [except that this limitation "within 100 yards of any church facility" shall not apply to, limit or restrict the location or operation of any applicant or licensee for the sale of distilled spirits, wine or malt beverages (one, all or any combination thereof) for on-premises consumption when the church facility in question is located in a Planned Commercial Center as defined at section 94-3 of the City's Code of Ordinances, or a shopping center or retail center that qualifies as a Planned Commercial Center], or alcoholic treatment center owned and operated by the state or any county or municipal government within the state; no person may knowingly or intentionally sell or offer to sell any alcoholic beverage within 100 yards measured along the most direct route of travel, of any private residence which residence is located outside of the Main Street District (all of the former collectively called "protected activity"). The above stated required distances between the sale of alcoholic beverages and any protected activity shall be applicable to both protected activities within the city limits and protected activities outside of the city limits. As used herein, 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 the state and which are schools or private schools as defined in subsection (b) of the O.C.G.A. § 20-2-690. As used herein, school grounds shall mean, real property on which a school building or educational building, as defined above, is located and where educational instruction is given to students on a routine and ongoing basis. As used herein, residence shall mean any building or structure, in a residential zoning district or which constitutes a legal nonconforming use, in which a person or persons may legally reside.
c.
For purposes of this section "route of travel" shall mean any means of ground travel on a paved or otherwise improved surface for public vehicular, bicycle or pedestrian traffic. For purposes of measuring a route of travel hereunder, no major or collector street, as defined in section 94-135 of the City's Code of Ordinances, shall be crossed except at the nearest city, county or state approved pedestrian crosswalk or at the nearest intersection.
For purposes of this section, distances shall be measured as follows:
1.
To a school, school building, educational building, school grounds, or college campus as follows:
i.
From the main public entrance of the structure from which beverage alcohol is sold or offered for sale;
ii.
In a straight line to the nearest public route of travel;
iii.
Along such public route of travel by the nearest route;
iv.
To the nearest portion of the grounds of the school building, educational building, school grounds, or college campus.
2.
To a residence as follows:
i.
From the main public entrance of the structure from which beverage alcohol is sold or offered for sale;
ii.
In a straight line to the nearest public route of travel;
iii.
Along such public route of travel by the nearest route;
iv.
To the nearest portion of the record lot upon which the residence is situated.
3.
To a church facility:
i.
From the main public entrance of the structure from which beverage alcohol is sold or offered for sale;
ii.
In a straight line to the nearest public route of travel;
iii.
Along such public route of travel by the nearest route;
iv.
To the nearest portion of the record lot upon which the church facility is situated.
4.
To all other protected activities not enumerated in subparagraphs 1., 2. or 3. above, as follows:
i.
From the main public entrance of the structure from which beverage alcohol is sold or offered for sale;
ii.
In a straight line to the nearest public route of travel;
iii.
Along such public route of travel by the nearest route;
iv.
To the main public entrance of the principal building of the protected activity. If multiple buildings exist and one cannot be determined to be the principal building then to the main public entrance of the largest enclosed building used for a protected activity.
d.
Any licensee holding a pre-existing valid license to sell alcoholic beverages within the city whose licensed premises, at the time of the enactment of this chapter which adds private residence as a "protected activity", is within 200 yards of a private residence (subsection 10-34(b)(6)a. and b.), shall be an approved nonconforming licensed premises.
e.
Any licensee holding a pre-existing license to sell alcoholic beverages within the city whose licensed premises, at the time of the granting of a certificate of occupancy to a "protected activity" is within the prohibited distances as provided at subsection 10-34(b)(6)a. and b. shall be an approved nonconforming licensed premises.
f.
Any licensee holding a pre-existing license to sell alcoholic beverages within the city whose licensed premises subsequently fails to meet the distance requirements contained in subsection 10-34(b)(6)c. because a protected activity begins operating within the prohibited distances after the issuance of the pre-existing license to sell alcoholic beverages then such licensed premises shall be an approved nonconforming licensed premises.
g.
Except as otherwise provided hereinafter, an approved nonconforming licensed premises shall not be denied subsequent licenses because of the nonconforming status described at subsection 10-34(b)(6)d. and subsection 10-34(b)(6)e. The nonconforming status of the licensed premises will expire upon the licensee discontinuing the use of the licensed premises for the sale of alcoholic beverages unless the city receives a licensee application for sale of alcoholic beverages of the same type as existing at the time of the creation of the nonconforming status) from an applicant qualifying as a licensee, within 30 days of the licensee's discontinuance of alcoholic beverage sales at the licensed premises.
(7)
Complete sets of fingerprints for the applicant as defined in section 10-33 above shall be taken by the Police Department of the City of Fayetteville to be forwarded to the Georgia Bureau of Investigation, which shall search for any instances of criminal activity during the two years immediately preceding the application. The Georgia Bureau of Investigation may also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records.
(8)
A $300.00 application fee shall be paid by an applicant for any license designated at section 10-31(b), except that there is no application fee for a catered function for a one-time event by a city licensee for retail sales for on-premises consumption, and no application fee for a vendor serving alcoholic beverages at a city sponsored event, and no application fee for a limited pour license.
(9)
Such other information and documents as may be required by the city manager or his designee.
(Ord. No. 0-41-02, §§ 1, 2, 9-19-02; Ord. No. 0-36-03, art. 1, 8-21-03; Ord. No. 0-3-04, arts. 1, 2, 1-15-04; Ord. No. 0-30-08, art. 1, 11-20-08; Ord. No. 0-11-10, arts. 1—3, 8-19-10; Ord. No. 0-16-14, art. 3, 9-18-14; Ord. No. 0-15-16 , arts. 16, 20, 9-1-16; Ord. No. 0-12-18, § art. 3, 5-3-18 ; Ord. No. 0-13-18, 6-7-18 )