When opening a new restaurant, bar, or retail liquor store, one of the most overlooked requirements is the distance between your business and certain protected properties, including churches. Our South Carolina liquor license lawyer has experience handling cases where business owners encounter costly delays or licensing denials because they failed to account for these proximity rules. Understanding how South Carolina regulates these distances is critical to securing a liquor license and avoiding potential fines or legal issues.
Understanding Church Proximity Requirements
South Carolina liquor laws impose strict limitations on alcohol sales near protected properties. Churches, along with schools and playgrounds, are considered sensitive sites, and the state requires a minimum distance between these properties and establishments selling or serving liquor.
For liquor by the drink licenses (restaurants and bars), the rule is that the business must be located at least 300 feet from a church if within city limits and 500 feet in unincorporated county areas. Retail liquor stores follow the same distance requirements Churches may waive this requirement for liquor by the drink licensees but not retail liquor stores. Additionally, local municipalities may impose other additional restrictions or have zoning ordinances.
Distance measurements are not made in a straight line from property line to property line, or like some people say, “as the crow flies.” Instead, the distance is measured based on ordinary vehicular or pedestrian travel along the public thoroughfare from the nearest point of entrance to the restaurant, bar, or liquor store to the nearest point of entrance to the grounds of the church. That means that you have to follow traffic laws - you can’t drive over a concrete median, and you can’t jaywalk. It also means you stop measuring when you reach the entrance to the grounds of the church, not all the way to the front door of the church. The “grounds of the church” do not include cemeteries or grounds used for beautification. Instead, the grounds are restricted to the area immediately surrounding the building or buildings in use as part of the church (administrative buildings don’t count either). The rules for determining where the entrance to the grounds are also vary depending on whether there is a fence involved. Taking this measurement can be tricky, and only an agent with the State Law Enforcement Division (SLED) can make the official measurement.
Church Use Of Neighboring Property May Affect Distance Rules
A common question clients bring to our liquor lawyer is whether distancing laws apply when a church hosts events next to the location where they want to open a bar, restaurant, or retail liquor store.
In South Carolina, the key factor is whether the place or establishment is where religious services are “usually” held. That doesn’t mean the location must be used exclusively for religious services, but the primary or predominant use of the location must be for religious services. That means that generally, if a church uses a location for occasional events, the distancing laws likely won’t apply to that location. That said, local municipalities may interpret occasional use differently, so it is essential to verify both state and city/county rules before proceeding.
Working with our knowledgeable licensing attorney verifies that your application correctly accounts for these nuances and avoids unexpected denials.
Consequences Of Failing To Meet Proximity Requirements
Failing to comply with church proximity rules can have serious consequences for your business. The South Carolina Department of Revenue (SCDOR) may deny your license application if your location violates distance regulations.Even if your business has invested in renovations or signed a long-term lease, failing to account for church proximity can result in significant financial loss and legal complications.
How To Confirm Compliance Before Applying
To avoid delays or denials, take proactive steps to verify liquor license compliance with South Carolina’s church proximity rules:
- Consult local zoning offices to identify additional restrictions or ordinances that may apply to your location.
- Identify nearby properties that could qualify as protected sites, including churches, schools, and playgrounds, even if they are across a street.
- Work with our experienced liquor license attorney to review your application and make sure all proximity requirements are met, keeping in mind that the only official measurement can come from SLED.
By addressing these issues early, you reduce the risk of application denial and safeguard your business investment.
Don’t Let Distance Destroy Your Investment
At Viva Beverage Law, we leverage over a decade of experience helping clients secure liquor licenses throughout South Carolina. With our office in Charleston, SC, we proudly serve business owners across the state, guiding them through every step of the licensing process. From reviewing proximity to churches and other protected properties to verifying full compliance with SCDOR regulations, we provide the experience and attention to detail your business needs.
If you’re planning to open a restaurant, bar, or retail liquor store, schedule a consultation today to review your goals and outline the steps for a successful liquor license application.