City of Atlanta
Georgia

Ordinance
19-O-1546

AN ORDINANCE BY COUNCILMEMBERS ANDREA L. BOONE AND DUSTIN HILLIS TO AMEND CHAPTER 10, ARTICLE II, SECTION 10-92(b) OF THE CITY OF ATLANTA ORDINANCES IN ORDER TO PROVIDE AN EXEMPTION FROM THE DISTANCE REQUIREMENTS SET FORTH IN SECTION 10-88.1 FOR PACKAGE STORES LICENSED TO SELL MALT BEVERAGES AND WINE BY THE PACKAGE FOR CONSUMPTION OFF PREMISES FOR AN ESTABLISHMENT LOCATED AT 1815 MARTIN LUTHER KING, JR. ROAD, N.W.; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, District 10 Andrea L. Boone
Category:Personal PaperFunctions:None Required

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WHEREAS, the City of Atlanta (“City”) has an interest in maintaining the public health, safety, and welfare of the citizens of Atlanta and its visitors; and

 

WHEREAS, the City has an interest in regulating, through the lawful exercise of its licenses for the sale of alcoholic beverages for the public health, safety, and welfare; and

 

WHEREAS, Chapter 10 of the City Code of Ordinances, regulates the issuance of licenses for the sale of alcoholic beverages within the City; and

 

WHEREAS, Section 10-88.1(a) of the City Code of Ordinances sets forth that no package store may be located within 1,500 feet of any other package store; and

 

WHEREAS, the area of the City near the intersection of Martin Luther King, Jr. Drive, N.W. and Anderson Avenue, N.W. consists of heavy vehicular traffic and is in extremely close proximity to Interstate 20; and

 

WHEREAS, there are no residences, schools, or churches close to this intersection; and

 

WHERERAS, this area is one that can thrive, in part, thru the redevelopment of land and properties therein which can offer a multiplicity of eating, drinking and shopping options; and

 

WHEREAS, the neighborhood and the Atlanta City Council desire to see major improvements to and redevelopment on properties within this area and to allow flexibility in the development of this area; and

 

WHEREAS, the property owner has recently spent a considerable amount of funding to redevelop the property by constructing a state-of-the-art convenience store and brand new fuel stations; and

 

WHEREAS, it is now the opinion of the neighborhood and the Atlanta City Council that the interests served in providing an additional option to purchase beer and/or wine by the package in proximity to this area caters to the convenience and character of the residents and businesses therein and to the redevelopment of the area; and

 

WHEREAS, the current distance regulations would restrict the potential effectiveness of this manner of development of this area; and

 

WHEREAS, it would be in the best interest of the City to create a new exemption from the current distance requirements in order to further promote redevelopment of the community where this property is located; and

 

WHEREAS, in accordance with the aforementioned interests, the Atlanta City Council has reviewed the request from the owner of 1815 Martin Luther King, Jr. Drive, N.W., which lies within an Incentive Zone/Tax Allocation District, to sell beer and wine by the package at this location and desires to enact legislation to allow for such sales.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA AS FOLLOWS:

 

SECTION 1: That Chapter 10, Article II, Section 10-92(b) of the City of Atlanta Code of Ordinances is hereby amended to add a new subsection providing an exemption from the aforementioned distance regulations which shall read as follows:

 

(XX) For that parcel of land located at 1815 Martin Luther King, Jr., Drive, N.W., Atlanta, GA, under that numbering system of the City of Atlanta and being more particularly described as:

 

All that tract or parcel of land lying and being in land lot

173 of the 14th district of Fulton County, Georgia, and being

More particularly described as follows:

 

Beginning at the iron pen located at the point of intersection of

the westerly side of Anderson Avenue and the northwesterly

side of Martin Luther King, Jr. Drive (formerly known as

Gordon Road), as said intersection is now located after the

widening of Anderson Avenue; (said point of beginning being

located 35 feet southwesterly, as measured along the

northwestern side of Martin Luther King, Jr. Drive, from its

intersection with the westerly side of Anderson Avenue, as

Anderson Avenue was originally located with a 40 foot right

of way); running thence southwesterly along the

northwesterly side of Martin Luther King, Jr., Drive 139.05 feet

to an iron pin located at the east line of property now or

formerly owned by Thomas B. Combs and Allison Muir Combs;

running thence north 0 degrees 20 minutes east along the east

line of said Combs Property 137 feet to the south side of a 10

foot alley; thence running north 88 degrees 59 minutes east

along the south side of said 10 foot alley 135.4 feet to an iron

pin located on the west side of Anderson Avenue; and running

thence south 00 degrees 17 minutes 30 seconds west along the

west side of Anderson Avenue 108.86 feet to the point of

beginning; being improved property now known as no. 1815

Martin Luther King, Jr. Drive, according to the current system

of numbering structures in Atlanta, Fulton County, Georgia.

SECTION 2: This ordinance shall become effective immediately upon the Mayor’s signature or by operation of law.

 

SECTION 3: Should any ordinance or part thereof be found to be in conflict with this ordinance or any provisions therein, then those sections contained herein shall be controlling and such conflict waived.

 

Meeting History

Sep 16, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Sep 24, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE [UNANIMOUS]
MOVER:Andrea L. Boone, District 10
SECONDER:Howard Shook, District 7
AYES:Dustin Hillis, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook, Antonio Brown
ABSENT:J. P. Matzigkeit
Oct 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

RESULT:ADOPTED [12 TO 0]
MOVER:Dustin Hillis, Councilmember, District 9
SECONDER:Marci Collier Overstreet, Councilmember, District 11
AYES:Michael Julian Bond, Andre Dickens, Carla Smith, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Marci Collier Overstreet, Joyce M Sheperd
AWAY:Matt Westmoreland, Antonio Brown, Andrea L. Boone