HomeMy WebLinkAboutResolutions 18-07-483 - 07/23/2018 - Alcohol Referendum Drinks at 11:00 AM_ STATE OF GEORGIA RESOLUTION NO. 18-07-483
COUNTY OF FULTON
A RESOLUTION TO REGULATE AND PROVIDE FOR THE CALLING OF A
REFERENDUM ELECTION TO DETERMINE WHETHER THE CITY OF MILTON
MAY PERMIT THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK ON
SUNDAYS BETWEEN 11:00 A.M. AND 12:30 P.M.; REQUESTING THE ELECTION
SUPERINTENDENT OF THE CITY OF MILTON TO CALL AN ELECTION;
APPROVING THE FORM OF THE QUESTIONS ON THE BALLOT AND THE
NOTICE OF SUCH ELECTION; AND FOR OTHER PURPOSES.
WHEREAS, under Section 4-232 of the City of Milton Code of Ordinances, the City
currently allows the sale of alcoholic beverages for consumption on the premises on Sundays
from 12:30 P.M. until 12:00 midnight in eating establishments (any licensed establishment that
derives at least 50 percent of its total annual gross sales from the sale of prepared food or meals);
and
WHEREAS, Senate Bill 17 became law on May 8, 2018, amending Title 3, Chapter 3,
Article 1 of the Official Code of Georgia Annotated and authorizing cities to allow the sale of
alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. until 12:30
P.M. in any licensed establishment that derives at least 50 percent of its total annual gross sales
from the sale of prepared meals or food in all of the combined retail outlets of the individual
—' establishment where food is served and in any licensed establishment that derives at least 50
percent of its total annual gross income from the rental of rooms for overnight lodging if
approved by a referendum election; and
WHEREAS, the City Council of the City of Milton wishes to amend its alcohol code to
expand the hours for Sunday sales in eating establishments, conditioned on voter approval in a
referendum; and
WHEREAS, the City Council of the City of Milton desires that a referendum election be
held for the purpose of determining whether or not these powers shall be exercised;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of Milton, Georgia as follows:
(1) The Elections Superintendent of the City of Milton is hereby requested to call a
referendum election in all voting precincts in the City in conjunction with the general election on
the 6th day of November 2018, for the purpose of submitting to the qualified voters of the City
the question set forth in paragraph (2) below.
(2) The ballots to be used in the election shall have written or printed thereon
substantially the following:
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"() Yes Shall the governing authority of the City of Milton, Georgia be authorized to
permit and regulate Sunday sales of distilled spirits or alcoholic beverages for
() No beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.T'
(3) It is hereby requested that the election be conducted by the Elections
Superintendent of the City of Milton in accordance with the election laws of the State of
Georgia, including, without limitation, the election laws relating to special elections. It is hereby
further requested that the Elections Superintendent of the City of Milton canvass the returns,
declare the result of the election, and certify the result to the Secretary of State of the State of
Georgia.
(4) In accordance with O.C.G.A. § 21-2-540, it is the intent of the City Council that
the date of such election be November 6, 2018.
(5) The Elections Superintendent of the City of Milton is hereby authorized and
requested to publish a notice of the call of the election in the official organ of the City on August
2, 2018 and again on September 13, 2018. The notice of the call shall be in substantially the
form attached hereto as Exhibit A.
(6) The Elections Superintendent is further authorized and requested to publish a
notice of the election once a week for two weeks immediately preceding the date of the election.
—' The notice of the election shall be in substantially the form attached hereto as Exhibit B.
SO RESOLVED, this 23rd day of July, 2018.
Attest:
Sudie AM Gordon, ity Clerk
Joe Lockwood, Mayor
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EXHIBIT A
NOTICE AND CALL OF ELECTION IN THE CITY OF MILTON, GEORGIA
YOU ARE HEREBY NOTIFIED that on the 6th day of November, 2018, an election will
be held in all of the election precincts of the City of Milton, Georgia. At the election, there will
be submitted to the qualified voters of the City for their determination the question of whether
sales of distilled spirits or alcoholic beverages by the drink should be allowed on Sundays
between 11:00 A.M. and 12:30 P.M.
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EXHIBIT B
NOTICE OF SPECIAL ELECTION TO CONSIDER WHETHER SALES OF
DISTILLED SPIRITS OR ALCOHOLIC BEVERAGES BY THE DRINK SHOULD BE
ALLOWED ON SUNDAYS BETWEEN 11:00 A.M. AND 12:30 P.M.
TO THE QUALIFIED VOTERS OF THE CITY OF MILTON:
NOTICE IS HEREBY GIVEN that on the 6th day of November, 2018, an election will
be held at the regular polling places in all the election districts of the City of Milton, Georgia, at
which time there will be submitted to the qualified voters of the City of Milton, Georgia, for their
determination the question of whether sales of distilled spirits or alcoholic beverages for
beverage purposes by the drink should be allowed on Sundays between 11:00 A.M. and 12:30
P.M., as provided in Section j.l of Article 1 of Chapter 3 of Title 3 of the Official Code of
Georgia Annotated.
Voters desiring to vote in favor of the question shall do so by voting "Yes" and voters
desiring to vote against the question shall do so by voting "No" as to the question propounded:
"() Yes Shall the governing authority of the City of Milton, Georgia be authorized to
permit and regulate Sunday sales of distilled spirits or alcoholic beverages for
() No beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?"
If more than one-half of the votes cast are in favor of the proposition stated above, the
governing authority may, by appropriate resolution or ordinance, permit and regulate Sunday
sales by licensees from 11:00 A.M. to 12:30 P.M. Otherwise, such Sunday sales during this time
period shall not be permitted.
The several places for holding said election shall be at the regular and established voting
precincts of all of the election districts of the City of Milton, Georgia, and the polls will be open
from 7:00 a.m. to 7:00 p.m. on the date fixed for the election.
Those residents of the City of Milton, Georgia, qualified to vote at such election shall be
determined in all respects in accordance with the election laws of the State of Georgia.
This notice is given pursuant to a resolution of the City Council of the City of Milton,
Georgia, adopted on the 23rd day of July, 2018.
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