Zoning Radius

In my experience (at least with Oklahoma's archaic liquor laws) most "minimum distance" statutes have been construed to reference the structure, not the property. However, a good source for an interpretation would probably be someone local.

I know the case law in most places for Alcohol permits usually goes with the most direct travelled route. Which is ususally how you would get there by walking.

In Florida, we have to do the radius thing for liquor stores being put into "big box" stores. The county or city code will have a definition on how the distance is to be measured. Some are as the crow flies and some are by legal pedestrian travel (sidewalks, parking lots, etc.). Code will also say if it is to be measured from closest property line or corner or from front door to front door. If you can't find it in Municode, you'll have to call the zoning department. Check city requirements and then county and hold whichever is more stringent

I just dug a little deeper into the particular statute and it does define it as being measured between the two nearest points between the structures. Although, its not real clear whether its a straight line distance or a traveled distance.

In Arkansas we have http://opinions.aoc.arkansas.gov/weblink8/0/doc/88416/Page2.aspx&apos ;">Rowell v. Austin to review:
The facts in this case are not in issue. There is no dispute about the type of permits which appellants sought and were granted. During oral arguments both parties agreed that ABC regulation section 1.32(6) is the regulation controlling the subject of this dispute. This regulation reads as follows:
"Permit not to be issued to premises which is less than 200 yards from church or schoolhouse. No permit for the sale of alcoholic beverages shall be issued, nor shall any existing permit be transferred, to any location within two hundred (200) yards of any church or schoolhouse. However, since the intent of this regulation is to provide protection to churches and schools and to insulate them from alcoholic beverage outlets, the Alcoholic Beverage Control Department may issue permits, with the exception of retail liquor permits, within two hundred (200) yards of a church or schoolhouse upon receipt of a written waiver from managing officials of any church or school which is situated within the above area of prohibition. In determining such distance, the measurement shall be made from the main entrance of the church or schoolhouse to the main entrance of the building of the premises sought to be permitted, measured by the shortest public thoroughfare. (Emphasis supplied.)"

However, they amended the Statute and Regulation in 2001:
A.C.A. å¤ 3-4-206. Operation of retail liquor business near church or schoolhouse prohibited.
(a) No new permit to engage in the retail liquor business in this state shall be issued by the Director of the Alcoholic Beverage Control Division for the location of any business situated within two hundred (200) yards of any church or schoolhouse.
(b) However, after August 13, 2001:
(1) No new permit to engage in the retail liquor business in this state may be issued by the director for the location of any business situated within one thousand feet (1,000') of any church or schoolhouse; and
(2) (A) No existing permit to engage in the retail liquor business in this state may be transferred to a location within one thousand feet (1,000') of any church or schoolhouse.
(B) As an exception to subdivision (b)(2)(A) of this section, if any retail liquor business in this state already exists within one thousand feet (1,000') of one (1) or more churches or schoolhouses, then that same retail liquor store may be allowed to transfer to a new location that is within one thousand feet (1,000') of the closest church or schoolhouse to the present liquor store location if the new location is determined by the Alcoholic Beverage Control Division to serve the public convenience and advantage.
HISTORY: Acts 1975, No. 699, å¤ 1; A.S.A. 1947, å¤ 48-345; Acts 2001, No. 1072, å¤ 1.

Alcoholic Beverage Control ‰ÛÒ Rules and Regulations
Title 1, Subtitle C | Permit Procedure
1.32(6) Permits Not To Be Issued To Premises Within The Following Stated Distances From Church Or School Building.
No permit for the sale or dispensing of alcoholic beverages shall be issued nor any existing permit transferred to any location within the following prohibited distances of any church or school building, such distances to be calculated based upon the existence of the church or school building at the time the application is accepted by the agency for processing:
A. Retail Liquor Permit.
One thousand (1000) feet to be measured from the nearest point of the church or school building to the nearest point of the building sought to be permitted.
B. Off Premises Retail Beer Permit to be Issued to Package Liquor Outlet.
One thousand (1000) feet to be measured from nearest point of church or school building to the nearest point of building sought to be permitted.
C. Exception for Retail Liquor Store Outlets Which are Within One Thousand Feet of a Church or School Building on the Date of August 13, 2001.
As an exception to subdivisions A & B of this subsection, if any retail liquor business in this state already exists within one thousand (1000) feet of one or more churches or school buildings on August 13, 2001, then that same retail liquor store may be allowed to transfer to a new location that is within one thousand (1000) feet of the closest church or school building to the present liquor store, but not within 600 feet of any church or school building, if the new location is determined by the Alcoholic Beverage Control Division to serve the public convenience and advantage. (Amended 8-15-01)

So now we are back to ambiguity of "straight line" or "by the shortest public thoroughfare".
DDSM:beer:

I have never seen a radius that was not straight. It is only an issue if it is a little less than the minimum distance.

We just did one for a walmart in Miami at the "midtown" area. Had to use an aerial to draw a line from the proposed door, down the sidewalk, through the pedestrian crossing to the sidewalk on the other side of the street and then up and around to the front door of an existing business. The City wanted to see the line plotted with distances for each leg of the path. In Ocala, they wanted the distance as the crow flies. It all depends on the government....super.

We had one case like this where it was from the entrance to the building. If you say it defines it as 'the shortest distance between the structures', then I interpret that to be a straight line distance.

Dan B. Robison, post: 332533, member: 34 wrote: So now we are back to ambiguity of "straight line" or "by the shortest public thoroughfare".

Just got clarification:

For applications prior to August 1, ABC Rule and Reg 1.33(6) specifies nearest point of building to nearest point of building. Arkansas law was silent on the method of measurement, so it was specified by rule.

http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act1172.pdf&apos ;">Act 1172 of 2015 amended Arkansas Code Section 3-4-206 which prohibits retail liquor stores from being within 1000 feet of a church or school. It added the specification that the measurement shall be from property line to property line. This is now the controlling law for measuring applications received after August 1, 2015. Rule 1.33(6) will be amended to reflect the change in the law.

[sarcasm]I guess you just need to buffer the GIS parcel polygons by 1000.00000 feet and do a query of all church or school owned property[/sarcasm].

DDSM:beer:

This also comes up in franchise agreements where a new franchise can't be closer than so many miles from the nearest existing franchise, usually from the front door of the business.

For these kind of things where they are looking for a certified document by a surveyor, do you usually prepare a map or is it just a letter stating the distances you measured?

Dave Karoly, post: 332564, member: 94 wrote: This also comes up in franchise agreements where a new franchise can't be closer than so many miles from the nearest existing franchise, usually from the front door of the business.

That's what happened in the case I was thinking of.....sort of. It was a dental practice, and they dissolved the partnership. There was an agreement that he could not start another practice within so many miles of the other office. They actually included in there that it was from the entrance, which I found surprising at the time. I was surprised they had the foresight to think of defining that distance. His new office was outside the radius by about 50'. Pretty crazy....

Bow Tie Surveyor, post: 332577, member: 6939 wrote: For these kind of things where they are looking for a certified document by a surveyor, do you usually prepare a map or is it just a letter stating the distances you measured?

We just did a letter. I wouldn't bother with an exhibit. I think the surveyor (I was not yet licensed at the time) wrote a letter stating that the radius exceeded the minimum requirement and signed/sealed it.

I've done liquor stores and adult book shops for municipal permits. I've also done dry cleaners and car lots for non-competitive agreements.

Funny world, but who else is qualified to take care of this stuff but us?

paden cash, post: 332588, member: 20 wrote: I've done liquor stores and adult book shops for municipal permits. I've also done dry cleaners and car lots for non-competitive agreements.

Funny world, but who else is qualified to take care of this stuff but us?

It is well known that a high school kid will walk 999' to get, uh, "inappropriate" graphic and written materials but not 1001'. 🙂