The Fayette Citizen-News Page

Wednesday, January 10, 2001

F'ville OKs liquor-by-the-drink rules

By MONROE ROARK
mroark@TheCitizenNews.com

Fayetteville restaurants could be pouring liquor by mid-February, now that an ordinance regulating the process has been approved by the City Council.

The ordinance passed 4-0 after a motion by Larry Dell that was seconded by Glenn Brewer. Al Hovey-King was absent.

No businesses had applied as of Tuesday morning, according to City Manager Joe Morton, but once an application is made, it should take approximately 30 days to receive a license if all requirements are met.

Applications must be advertised, as with beer and wine licenses, and a hearing before the City Council is required. If a liquor applicant has no beer and wine license, a background check must be performed by the Fayetteville Police Department, but that is done within the regular time frame, Morton said.

The new ordinance is combined with the city's beer and wine ordinance, and includes changes to beer and wine provisions as well.

Any business applying for a license must be at least 200 yards from a residence. Businesses already selling beer and wine within that distance are grandfathered in, and should a future residential development be located less than 200 yards from a business already licensed, the business would have the right to continue operating at that location.

Stores selling beer and wine will be required to have at least 1,000 square feet set aside for display of groceries, and businesses selling non-grocery items will have to dedicate a minimum of 20 percent of their total retail space for groceries as defined in the ordinance.

In preparation for the final draft of the ordinance, city staff researched businesses in Fayetteville that already sell alcoholic beverages with regard to their sizes and distances from residences.

State law requires that such businesses be at least 100 yards from schools or churches, but there are no such requirements for residential setbacks.

Businesses selling beer and wine in Fayetteville range from the BP at 744 North Glynn St., which is only 1,200 square feet, to the Wal-Mart Superstore at Fayette Pavilion, which is 200,084 square feet (49,896 square feet in the grocery section).

Under a proposed 300-yard distance requirement in relation to residential property, at least six of the 44 businesses in the city selling alcohol would be below 300 yards. Five others would be close enough to require precise measurements, city staff reported.

The Pit Stop at 485 Ga. Highway 85 South is 200 feet, or 67 yards, from residential property, falling even under the church/school distance requirement.