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Consolidated Gov't of Columbus v. Barwick

The city's ordinance requiring a distance of 600 feet between bars was constitutional.

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We granted the applications for discretionary appeal in this alcoholic beverage ordinance case brought by appellant, Consolidated Government of Columbus/City of Columbus, to determine whether the issues presented for review come within the ambit of the discretionary appeal procedures of OCGA § 5-6-35 and to review the ruling by the superior court that the ordinance is unconstitutional. We conclude that these cases are subject to the discretionary appeal process. In addition, finding no merit to the constitutional rulings, we reverse the superior court.

In 1998 appellee Matt Barwick, d/b/a Red Riders Restaurant, qualified as a restaurant under City ordinance section 3-1 f1 and acquired a conditional alcoholic beverage license. Appellee successfully renewed the license in 1999. However, in January 2000, the City rejected appellee’s application for another renewal of the alcoholic beverage license because appellee was situated within 600 feet of a location already holding a valid on-premises alcohol license, see city code section 3-5 d2 , and a city financial audit had demonstrated that appellee failed to meet the food/alcohol sales criteria set forth in section 3-1 f. A show cause hearing was held before the Columbus City Council on February 8, 2000 at which time appellee, represented by counsel, appeared to oppose the denial of the renewal of the alcoholic beverage license. After hearing evidence presented by both sides, the city council unanimously voted to deny the license basing its decision on evidence that appellee did not meet the ordinance’s definition of a restaurant.

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