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Home My WebLink AboutORDINANCE NO 16 01 267STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 16-01-267 AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, TO PROVIDE FOR SALES OF WINE AND/OR BEER BY THE PACKAGE BY LICENSED RETAIL CONSUMPTION DEALERS WHEREAS, Chapter 4 of the Code of Ordinances of the City of Milton, Georgia contains provisions applicable to retail consumption dealers and retail package dealers; WHEREAS, Chapter 4 does not allow a retail consumption dealer to also hold retail package license; WHEREAS, the State of Georgia Rules and Regulations allows for a retail consumption dealer to also hold a retail package license for sales of wine and/or beer only; and WHEREAS, the Mayor and Council have determined it is proper to amend Chapter 4 to allow this provision (as hereinafter defined); BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 21 st of December, 2015 at 6:00p .m . as follows: SECTION 1. Section 4-1 -Definitions, is hereby amended by deleting the definition of Eating Establishment and replacing it with the following definition : Eating establishment: An establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 1 percent of its total annual gross food and beverage sales from the sale of prepared meals or food ; provided , however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers , as authorized pursuant to O.C.G.A. § 3-5-36(2) (c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. SECTION 2. Section 4-54 , Separate application and license for each license type, is hereby added : Sec. 4-54. Separate application and license for each license type. A separate application is required for each license category enumerated in this code ; the City of Milton w ill act upon each application separately. Pursuant to Ga. Comp. R. & Regs . 560-2-3-.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. SECTION 3. Sees. 4-245. Retail consumption dealers also licensed as retail package dealers , is hereby added: Sees. 4-245. Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section , obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers: (a) Except as provided in O.C.G .A. § 3-6-4 , no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license for wine package sales; (b) Retail consumption dealers may, subject to the provisions of this section , obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; 2 (c) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with Section 4-190; (d) Wine sold by the package in original, sealed containers shall not be opened or unsealed and , thereafter, removed from the premises , unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O .C.G.A. § 3-6-4; (e) Wine and/or beer sa les by the package pursuant to this section shall be sold during the hours as indicated in Section 4-189 ; (f) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this code to sel l alcoholic beverages; (g ) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15 , nothing is th is section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (h) Pursuant to Ga. Comp. R. & Regs . 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes : a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. Except as otherwise provided by this code, this section shall not apply to licensees for special events , brewpubs, private clubs , temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly serving prepared food, with a full-service kitchen (as defined in section 4-1 ), prepared to serve food every hour they are open . SECTION 5. All ordinances, parts of ordinances , or regulations in conflict herewith are repealed . SECTION 6. This Ordinance shall become effective upon its adoption . 3 ORDAINED this the 4th day of January, 2016. Joe Lockwood, Mayor Attest : Sudie AM Gordon , City Clerk 4 1.-----------------------------~-- ARTICLE I. IN GENERAL Sec. 4-1. Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq .). (b) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced . Alcoholic beverage: All alcohol, distilled spirits, beer, malt beverage, wine or fortified wine. Alcoholic beverage caterer: Any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions . Applicant: The person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. Barrel: A wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25 .11). Beer or malt beverage: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term "beer'' is used interchangeably with "malt beverage." Brewpub: Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form . Brown bag establishment, brown bagging or brown bagged: Any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest's, patron's or member's wine on the premises. Church: Any permanent place of public religious worship . Distilled spirits or spirituous liquor: Any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines. Eating establishment: An establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption 5 dealers, as authorized pursuant to O.C.G .A. § 3-5-36{2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. Fixed salary: The amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Farm winery: A domestic winery that is licensed as a farm winery by the State of Georgia. Food caterer: Any person that prepares food for consumption off the premises. Fortified wine: Any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Full-service kitchen: A kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments . Golf club: A golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America , and the Georgia State Golf Association . Growler: A glass or ceramic container not to exceed sixty -four {64) ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption . Hotel : Any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels . License: The authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter . Licensee : The individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation . Liter: The metric measurement currently used by the United States . Manufacturer: Any maker, producer, or bottler of an alcoholic beverage . The term "manufacturer" also means : (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; (2) In the case of malt beverages, any brewer; and 6 ~-------------------------------------------------------------- (3) In the case of wine, any vintner. Package: A bottle, can, keg, barrel, or other original consumer container . The term "retail package alcoholic beverages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale . Pouring permit: An authorization granted by the city to cork, dispense, sell, serve , take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment. Premises : The location , whether room, shop, or building, wherein activities permitted by this chapter are conducted . Private club: Any nonprofit association organized under state law which : (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. A suitable kitchen and dining room space and equipment; and b . A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary. Registered agent: A natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served . Retail consumption dealer: Any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale. Retail package dealer: Any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. School building or educational building: This applies only to state, county, city or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A . §20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Special event: This term shall have the same meaning as provided in Section 64-1596 of Chapter 64 . Special events facility: This term shall have the same meaning as that provided for "Rural or Agricultural Event Facility" provided in Section 64-1 of Chapter 64. 7 L------------------------------------ Specialty gift shop: Any retail gift shop that derives not more than 15 percent of its gross sales from the sale of package gift baskets containing non-a.lcohol related items such as flowers, plants, food or similar items which also contain unbroken conta i ners of wine or malt beverages . Sports club : An association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. (2) A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. (3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Tasting room: An outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee . Wholesaler or wholesale dealer: Any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers. Wine : Any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine " includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages , vermouths, and special natural wines, rectified wines, and like products . "Wine " does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage . A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition . Sec. 4-2-4-24. Reserved. ARTICLE II. LICENSING DIVISION 1. GENERALLY Sec. 4-25. License is a privilege. (a) Granted by mayor and city council. Alcoholic beverages may be sold in the city under a license granted by the mayor and city council upon the terms and conditions provided in this chapter. 8 ~------------------------------------------------------------- (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law . (c) Required language . All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to being revoked and annulled, and is subject to any further ordinances that may be enacted by the city." (d) Compliance with state law required. Any holder of a license issued pursuant to this chapter to operate as a retail consumption dealer, a retail package dealer, or a wholesale dealer is required to apply for and obtain an alcoholic beverage license from the state before any sales commence . Additionally, city licensees are required to abide by all applicable state regulations and laws. Sec. 4-26. License required. Except where an appropriate license has been obtained, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverage or to allow brown bagging. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by the license or to sell alcohol beyond the area on or about the premises covered by the license . Sec. 4-27-4-46. Reserved. DIVISION 2. APPLICATION Sec. 4-47. Application; investigation consent. (a) City form . All persons desiring to sell alcoholic beverages or allow brown bagging shall make an application on the form prescribed by the city manager, or his or her designee .designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than twenty (20) percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and (8) Evidence of compliance with any prior notice requirements, including but not limited to O.C.G .A. § 3-4-27 where applicable . (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the city manager to ensure compliance with the provisions of this chapter. Failure to furnish the information 9 and records pursuant to such request shall automatically serve to dismiss the application with prejudice . (d) Survey. Unless waived by the city manager out of recognition of the absence of any school or church buildings in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the city), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to section 4-557 to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application , a survey is not required. (e) Notary. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (f) Consent. Each applicant and licensee authorizes the city and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued . Each applicant further authorizes the city and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he would otherwise have to preclude the city or its agents from obtaining and using such information, and each applicant further waives any liability of the city or its agents for obtaining and using such information . (g) License Fees. The application shall be accompanied by the prerequisite fee as established by the mayor and council. All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year, except for applications for special events permits . Sec. 4-48. Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Sec. 4-49. Processing fees. Each application for a license or renewal of a license under this chapter shall be accompanied by a processing fee in an amount to be determined by mayor and council to defray investigative and administrative costs . Processing fees shall be paid at the time the application is filed . Any person applying for more than one license shall pay only one processing fee. Further, no processing fee shall be applied for any applicant applying for a license under this chapter where that applicant already has, at the time the new application is submitted, an existing license under this chapter; provided that such existing license may not be the license for which an application for renewal is submitted . Sec. 4-50. Withdrawal by applicant; refunds. 10 L------------------------------------------------------------------------ (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time . (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license , no refund will be made . No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. Sec. 4-51. Procedure for consideration of application. (a) Each application for an alcoholic beverage license shall be referred to the chief of police or his or her designee for a thorough invest igation. The chief of police or his or her designee shall report the findings to the city manager. Such finding shall include a recommendation as to the qualifications of the applicant. (b) The city manager shall further have the responsibility and authority to r equest additional information as may be determined to be necessary in order for the city manager to accept the application as complete prior to its approval or denial pursuant to section 4-53. (c) A temporary license may be issued by the city manager for the sale of alcoholic beverages, either malt beverages, wine and/or d istilled spirits, subject to the conditions set forth in section 4-167. (d) No application for an original license shall be granted until a public hearing has been held thereon before the mayor and council, after notice as provided in section 4-52 . Sec. 4-52. Notice requirements. (a) Posting on premises to be licensed. (1) Requ i red; specifications. The applicant for an original license including a brown bag license shall, at his or her own expense, post a notice on the premises to be licensed . The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background . The notice shall state: a. That an application for a license to allow brown bagging or sell alcoholic beverages on the premises has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application ; and d . The name(s) in which the license is to be issued . (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom . (b) Publication . (1) Contents. The city treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include : a. The date the application will be considered by the city council ; 11 b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name . (2) Costs . The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Sec. 4-53. Approval or Denial. (a) Approval or Denial. The city manager may deny any application that is incomplete or does not meet the minimum requirements provided in this chapter. If the application is not denied by the city manager, it will be submitted to the mayor and council for approval or denial. (b) Notice required. The city manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. (c) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. Sec. 4-54. Separate application and license for each license type. A separate application is required for each license category enumerated in this code; the City of Milton will act upon each application separately. Pursuant to Ga . Comp . R. & Regs. 560-2-3 -.15 no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. 4.55-4-72. Reserved. DIVISION 3. QUALIFICATIONS Sec. 4-73. Applicants. (a) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence . (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders . Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its registered agent under the provisions of this chapter. (2) In the case of a partnership, the license will be issued to all the partners owning at least twenty (20) percent of the partnership; or if no partner 12 L__ ---~ ~-~ ------------~ ------ owns twenty {20) percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed . (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager or his or her designee that such person , partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contende r e, and has been released from parole or probation , to any crime involving: (1) Moral turpitude; {2) Illegal gambling; {3) Illegal possession or sale of controlled substances; {4) Illegal possess ion or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; {5) Keeping a place of prostitution; {6) Pandering; {7) Pimping; {8) Public indecency; {9) Prostitution; {10) Solicitation of sodomy; or {11) Any sexually related crime within a period of ten {10) years immediately prior to the filing of such application . (d) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license . (e) It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city. (f) No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application . {g) The city manager or city council may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee . {h) All applicants for any alcoholic beverage license must be of good character, and all operators, managers , clerks , or other employees shall be of like character . Corporate or firm applicants shall be of good business reputation. {i) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. Sec. 4-74. Effect of prior criminal history; exceptions. (a) An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant ineligible for an alcoholic beverage license . (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the state first offender provisions, O.C.G .A. § 42-8-60 et seq . Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Sec. 4-75. City manager permitted discretion concerning qualifications. (a) The city manager and city council , in the i r discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, the application , or the proposed location of the business . (b) If, in the city manager's or city council's judgment, circumstances are such that granting of the license would not be i n the general public's best interest, such circumstances may be grounds for denying the applicat i on . Sec. 4-76-4-95. Reserved . DIVISION 4 . LIMITATIONS AND REQUIREMENTS Sec. 4-96. Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served . This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the city manager and shall be in such form as her or she may prescribe . Sec. 4-97. Display of license at place of business required. The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee . Sec. 4-98. Notice of change in management required. If the manager of the licensed prem ises changes, the licensee must furnish the city treasurer's office with the name and address of the new manager and other information as may be required by the city council within ten days of such change . Sec. 4-99. Transferability of license. (a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcoholic beverages , or allow for brown bagging, for a period of 45 days from 14 the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the city manager. (c) If a licensed establishment is sold to a new owner, the license of the establishment shall be immediately void. If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell alcoholic beverages, or allow brown bagging, for a period of 45 days from the date of surrender, or from the date determined by the city manager to be the date of severance; provided no such sale, or brown bagging shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization to sell or allow brown bagging under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section , however, shall prohibit one or more of the partners holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock . (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this chapter. (g) No license will be issued to the old or the new owner in the city for one year from the date of the violation of this section. (h) Should a licensee make application to the city manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council resolution . Sec. 4-100. Audits. (a) If the city manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments possessing a retail consumption, retail package, and/or wholesale license must maintain the following records for three years and make them available for audit at the licensed premises : 15 L..----------------------------. - (1) Monthly income or operating statements . (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets . (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (c) The city manager can waive all or some of the requirements of subsection (b) of this section if the city manager finds that no such records exist and it is not financially practically-based on the net income of the licensed establishment to require them to keep such records . Sec. 4-101. Expiration; renewal . (a) All licenses granted under this chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the city manager on the form provided for a new or renewal license for the ensuing year . (b) The applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. (c) Alcoholic beverage l icense renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses prior to December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held , including the need to review the investigative, zoning, and distance requirements . Applicant shall pay the ten percent penalty along with other fees associated with a new application . Sec. 4-102. Automatic forfeiture of license for nonuse. (a) All holders of licenses permitting the sale of alcohol ic beverages must within six months after the issuance of said license, open for business the establishment referred to i n the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the six-month period may be granted by the city manager if requested within the said six -month period . (b) Any holder of any license under this chapter who shall for a period of three consecutive months afte r the license has been issued cease to operate the business and sale of the products authori zed shall , after the three month period, automatically forfeit the license without the necessity of any further action. Sees. 4-103-4-121. Reserved. DIVISION 5. ENFORCEMENT Sec. 4 -122. Suspension or revocation of license. 16 (a) The term ,due cause," for the purpose of suspension or revocation of a license means: (1} The violation of any laws or ordinances regulating the business; (2} The violation of any local, state or federal law; (3} Any reason which would authorize the city to refuse the issuance of a license; or (4} Any violation of this chapter. (b) No alcoholic beverage license having been issued shall be suspended or revoked except for due cause . (c) The city council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. (d) Prior to suspending or revoking a license (except as provided in Sec . 4-127 of this chapter}, the city manager shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held in accordance with subsection (e) of this section. Service of such notice shall be by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Sufficient grounds for the immediate suspension or revocation of a license, or the imposition of other penalties include, but are not limited to, the following: (1) A licensee has failed to open for business within six months after approval of the license. (2} A licensee has ceased to operate the business for a period of three consecutive months. (3} A licensee's state license or permit for the sale of alcoholic beverages has been revoked . (4} A licensee, or such licensee's employee or agent, has sold alcoholic beverages or allowed brown bagging during a period of suspension. (5) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license. (6} A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter. (7} A licensee, or such licensee's employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving : a. Moral turpitude; b. Illegal gambling; c. Illegal possession or sale of controlled substances; d. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f . Pandering; g. Pimping; 17 h. Public indecency; i. Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Sec. 4-123. Enforcement of this chapter. (a) If a licensee violates any provision of this chapter, excluding sales to underage persons, allows brown bagging or serves or sells any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known was in a state of intoxication, or failure of any licensee to pay any tax, license fee, fine or other amount due to the city under this chapter or any other licensing ordinance of the city shall subject the licensee to the following progressive actions by the city council, except for those violations and occurrences set forth in section 4-122 above that provide for immediate suspension or revocation upon notice and hearing : (1) The first violation in a twelve month period shall result in a mandatory hearing before the city council and a warning or a license suspension for a period of up to 30 days . (2) The second violation within a consecutive twelve-month period shall result in a mandatory hearing before the city council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive twelve-month period shall cause the revocation of the license and result in a mandatory hearing before the city council and the inability of the licensee to obtain a license from the city for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3-3-23 or section 4-558 relating to the sale of alcoholic beverages to any person under 21 years of age , the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conviction . (1) The first offense shall result in a mandatory hearing before the city council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the city council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premise locked storage area out of view of the public. 18 (d) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the city council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city . (e) In addition to the available actions to be taken by the city council, individuals who violate this chapter shall be subject to criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citation and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both . Sec. 4-124. Hearing procedures on denial, suspension or revocation. (a) Applicants shall be given a hearing on the following grounds : (1) The application for a license or renewal of a license has been denied by the city manager . (b) Any denial of any such license or permit by the city manager shall be appealable to the city council by the applicant's filing a notice of appeal with the city manager or designee within 30 days of receiving notice of such denial. Any such appeal shall be subject to de novo review. A hearing before the city council shall be scheduled within 30 days following the receipt by the city manager or designee of the applicant's notice of appeal. (c) The decision of the mayor and council in the hearing provided for in this section shall be final unless the licensee applies to the Superior Court of Fulton County by filing a petition for a writ of certiorari within 30 days of the decision rendered by the council. Sec. 4-125. Mitigating factors. The penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (a) Whether the licensee conducts its own "secret shopper" or internal "sting" operations . (b) The degree to which the licensee has procedures in place to monitor its servers for compliance with the ordinance. (c) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this ordinance. (d) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large . Sec. 4-126. Inspection of licensed establishment by police department. (a) Sworn officers of the police department shall have the authority to inspect establishments licensed under the city's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. 19 ---------------------- (b) This section is not intended to limit the authority of any other city officer to conduct inspections authorized by other provisions of this ordinance. Sec. 4-127. Emergency suspension of sales. The city manager and chief of police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be made effective immediately and shall remain in force until the city manager or chief of police determine the emergency is over or until the next meeting of the city council, at which time the mayor and city council shall decide whether the suspension shall cease or be extended. Sec. 4-128. Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the terms of this chapter. Sees. 4-129-4-166. Reserved. ARTICLE Ill. TEMPORARY AND SPECIAL EVENTS LICENSES Sec. 4-167. Temporary licenses. (a) Authority. The city manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either malt beverages, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 60 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 60 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the city manager and payment in full of the fee thereof has been deposited with the city. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business . (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee . The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) No bearing on decision for permanent license . The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license . Sec. 4-168. Special event permit. 20 (a) For currently licensed consumption-on-premises establishments. A special event permit may be issued to any establishment duly licensed by the city to sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event. The licensee must submit an application and pay the non-refundable fee that may be required from time to time by ordinance and, in relation to the special event permit, shall be required to comply with all of the general ordinances and the licensing and regulations associated with its consumption on premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64 prior to the issuance of a special event permit. {2) The special event must receive approval from the city police department on crowd control and security measures. {3) The special event must receive approval from the city public works department on traffic control measures. (b) For non-profit civic organizations. A special event permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held . In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on -premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. 21 The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages : (1) The event must have been permitted as an approved special event, as described in Section 64-1596 of Chapter 64, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures . (4) The special event must be associated with and benefit the cause of a charitable or civic organization. (c) Not to be issued for brown bagging. Brown bagging is not allowed at any special event as defined in this chapter. (d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) Indemnification required. As a condition on the issuance of a special event permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event . Sees. 4-169-4-177. Reserved. ARTICLE IV. RETAIL PACKAGE SALES DIVISION 1. GENERALLY Sees. 4-178-4-187. Reserved. DIVISION 2. MALT BEVERAGES AND WINE Sec. 4-188. Type of retail establishment. No packaged beer, wine or malt beverage shall be sold at retail except in: (a) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or wine, or (b) Establishments maintaining 50 percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where existing establishments exists as a non- conforming use. Sec. 4-189. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12 :00 midnight Monday through Saturday and on Sundays between the hours of 12 :30 p.m. and 11:30 p.m. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-190. Use of tags or labels to indicate prices. 22 ----~ -~-- Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the prices of all beer and wine exposed or offered for sale. Sec. 4-191. Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Sec. 4-192. Growlers. (a) The sale of growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler . (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available for sale in a growler may be made available, but shall not exceed one ounce nor shall any one individual be offered more than three samples within a calendar day. Sec. 4-193. Ancillary wine tasting. (a) The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this section. (b) Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c) Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent of the entire floor area of the premises. (d) Wine sampling for customers shall be limited to one consecutive two-hour period in any one day. Samples shall not exceed two ounces, and no customer shall consume more than eight ounces in any two-hour period. (e) Wine bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (f) No open containers of wine shall be removed from the licensed premises. (g) Not more than one time per week for a period of not to exceed two consecutive hours on any given day, the holder of an ancillary wine tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. 23 (h) Holders of an ancillary wine tasting permit shall not charge for samples or tastings, but may accept donations for a charitable organization of their choice. (i) Wine sampling and tasting is only permitted within the enclosed portion of the premises . (j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth from time to time by the city council. Sees. 4-194-4-210. Reserved. DIVISION 3 . DISTILLED SPIRITS Sec. 4-211. Type of retail establishment. (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located . (b) Nothing in this section shall prohibit the retail sale within these establishments of liquid commodities and mixes normally used in the preparation and serving of distilled spirits. Sec. 4-212. Distance requirement. (a) No retail package liquor licensed place of business shall be licensed to operate within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground. (b) The distance provision shall not apply to any hotel licensed under this chapter. (c) The restriction provided for in this section shall not apply to any location (i) for which a license has been issued prior to July 1, 1997, nor the renewal of such license or (ii) for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-213. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. Sec. 4-214. Use of tags or labels to indicate prices. Retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits 24 exposed or offered for sale . The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. Sees. 4-215-4-221. Reserved. DIVISION 4 . SPECIALTY GIFT SHOPS Sec. 4-222. General provisions. (a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the provisions of sections 4-47 and 4-188 shall exist for the owners of specialty gift shops provided that the owner shall first obtain a specialty gift shop alcohol permit as hereinafter provided and the only sale of alcohol by the owner is through the sale of gift items, as described in the definition of "specialty gift shop" provided in section 4-1, and not for consumption on the premises. (b) All persons desiring to engage in activities perm itted by this section shall submit a written application to the city manager for a specialty gift shop alcohol permit on forms prescribed by the city . All applications shall be accompanied by the payment of the fee as set forth from time to time by the city council. If the application is denied , or if the applicant withdraws the application prior to its approval , any sums deposited as license fees will be refunded (without interest) less applicable process i ng fees for completed tasks . The application shall include the name and address of the applicant, the address of the business location, and the name and address of the manager . If the manager changes, the applicant must furnish the city manager with the name and address of the new manager and any other information, as requested, within ten days of such change . The applicant must meet the character requirements of this article . All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths . (c) Any untrue or misleading information contained in, or material statement omitted from , an original or renewal application for a specialty gift shop alcohol permit shall be cause for the denial or revocation thereof. (d) Except as set forth in this section , a holder of a specialty gift shop alcohol permit must comply with all eligibility requirements set forth in this chapter. Sees. 4-223 -4-230. Reserved. ARTICLE V. SALES FOR CONSUMPTION ON PREMISES DVISION 1. GENERALLY Sec. 4-231 . Locations where permitted (a) No alcoholic beverages may be sold by the drink for consumption on the premises where sold except : (1) In eating establishments regula rl y serving prepared food , with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open ; or (2) At a publicly-owned golf course . 25 (b) This section shall not apply to private clubs or establishments that solely allow brown bagging . Sec. 4-232. Hours and days of sale. Alcoholic beverages for consumption on premises shall be permitted only during the following hours and days of the week, as indicated : (a) Monday through Saturday, from 9 :00a.m. until 2:00a.m. of the following day . (b) Sunday from 12 :30 p.m . until 2:00a .m . of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least SO percent of its total annual gross sales from the sale of prepared food or meals . (c) All licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. (d) The licensed business shall open its business each day it is open by not later than 5:00p.m. This section shall not apply to private clubs. Sec. 4-233. Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall : (1) Offer or deliver any free alcoholic beverage to any person or group of persons. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces . Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public . (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (S) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell , or deliver alcoholic beverages, including malt beverages, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time . (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. 26 ~------------------------~----~-~-------~---~- (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day -to-day or from hour-to-hour within a single day . The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section . (d) No provis ion of this section shall be construed to prohibit licensees from : (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package ; or {3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated w ith promotion referred to as "happy hour" or similarly designated promotions. (f) The police department shall have the responsibility for the enforcement of th is chapter . (g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted. (h) It shall be unlawful fo r any sales to be made outside of area on or about the premises, or place of business licensed for such sale except as permitted herein. (i) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages in the original package the seal of which has been broken or the original package opened; provided that this section shall not apply to private clubs or brown bagging. Sec. 4-234. Store inventory only on premises. No retail consumption dealer licensed under this chapter shall keep any alcoholic beverage at any place except the licensed place of the business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby alcoholic beverages ordered by a licensee are stored by a licensed wholesaler . Sec. 4-235. Pouring permits required. The following regulations shall apply to all establishments holding a license for consumpt ion of alcoholic beverages on the premises : (a) No person shall be employed to dispense, sell, serve, take o r ders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. {b) This section shall not be construed to include volunteer groups with nonprofit tax exempt status from the Internal Revenue Service whose volunteer efforts financially 27 benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages . Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No pouring permit shall be issued until such time as a signed application has been filed with the city manager or his or her designee and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant . If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) Crimes preventing the possession of a pouring permit : (1) No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: a. Moral turpitude; b . Illegal gambling; c. Illegal possession or sale of controlled substances; d .lllegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); e. Keeping a place of prostitution; f . Pandering; g. Pimping ; h. Public indecency; i . Prostitution; j. Solicitation of sodomy; or k. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. (2) No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit . For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A . §48-8-98 et seq . Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and 28 ~----------------------------------------------~------------~--~--~----~----- the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application . As noted in subsection (I} of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (g) All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified alcohol awareness server, as defined in section 4-236, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. {h) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (i} All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee . {j} A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted . (k} All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. {I} No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit . For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (m} Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter . Sec. 4-236. Alcohol awareness training required. (a} Required. Any person to whom an alcoholic beverage pouring permit is issued and all licensee's managerial staff shall be required to complete an alcohol awareness training program within 30 days from the date the person is issued an alcoholic beverage pouring permit . (b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia, that are authorized and approved by the city manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated . 29 (c) Certificate . The training facilities shall issue , upon completion of the course , a certificate which shows the individual has fulfilled the requirement for the course and is certified as an alcohol awareness server . The cost of the course will be the respons i bility of the licensed establishment that employs such server. (d) Establishment to maintain certificates in employees' files and forward copy to city treasurer. The establishment employing individuals required to complete an alcohol awareness program shall obtain the certificates stating the employees have successfully completed the course and have the same delivered to the city treasurer to be kept with the records of the employees having an alcoholic beverage pouring permit. (e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a person to continue having a valid alcoholic beverage pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the city in a timely manner. Failure to do so is cause for suspension of the person 's alcoholic beverage pouring permit. Sec. 4-237. Licensee to provide list of all employees involved with sale and/or handling of alcoholic beverages. It shall be the duty of the licensee to file with the city a list of the names, license numbers, addresses and telephone numbers of all present and prospective employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December . Sec . 4-238 . Open area and patio sales FegYiatieRs .The r egulations. Th e consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on or about the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the city manager, or his or her designee, under such conditions as the city manager, or his or her designee , may deem appropriate for the protection of public health, safety and welfare i ncluding, but not limited to, maximum capacity, ingress and egress . The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws . Sec. 4-239. Consumption outside premises prohibited; brown bagging. (a} Except as allowed by O.C.G .A. § 3-6-4, "Removal of partially consumed bottle of wine from premises," or Article IX of this chapter, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of an establishment licensed to sell alcohol for consumption on premises, and it is the licensee's responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. In the event of brown bagging in accordance with this chapter, a partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A. § 40 -6-253, "Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area." However, nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly-owned or privately -owned golf course . 30 (b) No entity may allow brown bagging without a license, and brown bag licensees must post notice stating "A partially consumed bottle of wine must be sealed by the licensee prior to removal from the premises and transported in accordance with O.C.G.A . § 40-6-253 in a conspicuous place at the main exit of the establishment." Sec. 4-240. Physical requirements of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises . (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing . The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge and restaurant areas, including all tables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises . (d) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel shall regularly inspect the premises to see that they are in compliance with all city, Fulton County and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department shall regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and Fulton County and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. Sec. 4-241. Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 4-242. Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The city manager or his or her designee shall regularly inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this article . Sec. 4-243. Conflicts with wholesaler or manufacturer prohibited. 31 No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or malt beverages or other alcoholic beverages shall be permitted. Sec. 4-244. Solicitation prohibited. No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. Sees. 4-245. Retail consumption dealers also licensed as retail package dealers. Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to retail consumption dealers who are also licensed as retail package dealers : (i) Except as provided in O.C.G .A. § 3-6-4, no retail consumption dealer shall sell wine by the package for consumption off premises unless such licensee also obtains a license for wine package sales; (j) Retail consumption dealers may, subject to the provisions of this section, obtain a wine and/or beer package license for sales of wine and/or beer sealed in the original package; (k) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be labeled in accordance with Section 4-190; (I) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless a portion of its contents are consumed on the premises and such package is resealed pursuant to O.C.G.A . § 3-6-4; (m)Wine and/or beer sales by the package pursuant to this section shall be sold during the hours as indicated in Section 4-189; (n) Sales of wine and/or beer by the package pursuant to this section may only be processed by employees permitted by licensee and this code to sell alcoholic beverages; (o) Pursuant to Ga. Comp. R. & Regs. 560-2-3-.15, nothing is this section shall authorize, permit, or otherwise allow a retail consumption dealer to obtain a license as a retail package dealer for the sale of distilled spirits. (p) Pursuant to Ga. Comp . R. & Regs. 560-2-3-.15, retail consumption dealers shall not sell beer or wine by the package for carryout purposes : a. On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b. At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. (q) Except as otherwise provided by this code, this section shall not apply to licensees for special events, brewpubs, private clubs, temporary licensees, or any establishment not otherwise licensed for consumption on the premises except eating establishments regularly 32 serving prepared food, with a full-service kitchen (as defined in section 4-1), prepared to serve food every hour they are open. 4.246-4-253. Reserved. DIVISION 2. BREWPUBS Sec. 4-254. General provisions. (a) A brewpub license authorizes the holder of such license to : a. Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail on the premises and solely in draft form in an open container; b. Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this article, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and c. Notwithstanding any other provision of this section, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. (f) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this chapter . Sees. 4-255-4-276. Reserved. DIVISION 3 . PRIVATE CLUBS Sec. 4-277. General provisions. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable city ordinances and regulations governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city . 33 (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages . (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food . However, any such organization selling or dispensing alcoholic beverages, or allowing brown bagging, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premise establishments . Sees. 4-278-4-296. Reserved. DIVISION 4. HOTEL AND HOTEL IN-ROOM SERVICE Sec. 4-297. General provisions. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must : (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests for adequate pay ; (2) Contain SO or more rooms used for the sleeping accommodations of guests; and (3) Contain one or more public dining rooms, with adequate and sanitary full- service kitchen facilities . (b) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation . (c) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this section . (d) Notwithstanding any other provisions of this chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn , or other establishment which offers overnight accommodations to the public for hire, may provide "in-room service" of alcoholic beverages if such establishment : (1) Holds a valid city consumption on premises license; and (2) Has been authorized to provide in-room service by the state. (e) For the purposes of this section, the term "in-room service" consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. 34 (f) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this chapter relative to the sale of alcoholic beverages . In -room service sales shall be authorized only on such days and only during such hc;>Urs as indicated in section 4-232 . (g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than SO milliliters each . (h) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this chapter, including the exc i se tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits . Sees. 4-298-4-316 . Reserved . DIVISION 5. ALCOHOLIC BEVERAGE CATERERS Sec. 4-317. General provisions. (a) License requirements for resident caterers . (1) Annual Permit . i. Any caterer who possesses a valid city license to sell or otherwise dispense malt beverages , wine or distilled spirits by the drink for consumption on the premises within the city may apply for an off- premises license that permits sales of the same off premises at authorized catered events or functions other than "special events" as discussed in Sec . 4-168 , which are separately licensed. i i. Any caterer who possesses a valid city license to sell malt beverages, wine or distilled spirits by the package for consumpt ion off the premises within the city may apply for an off-premises license that permits sales of the same class of alcoholic beverages by the dri nk off prem ises at authorized catered events or functions . iii. Each off-premises catering license , authorized herein, shall be valid through December 31 for the year for which they are issued . The fee for each license (which shall not exceed $5,000) shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution . (2) Authorized Event Permit . i. In order to distribute or sell malt beverages, wine or distilled spirits at an authorized catered function , a licensed alcoholic beverage caterer shall file an application for an off-premises event permit with the city manager or his or her designee at no additional fee . The application shall include the name of the caterer, the date , address and time of the event, the caterer's license number and any other information the city deems necessary to review a request for such permit. (3) It shall be unlawful for any person to engage in , carry on or conduct the sale or distribution of alcoholic beverages off premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein . (b) Authorized Event Permit requirements for non-resident caterers. 35 (1) A non -resident alcoholic beverage caterer shall submit an application for an off-premises event permit to the city manager or his or her designee . The fee for each such permit shall be $50.00 as authorized by O.C.G.A . § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an off-premises event permit shall include the name of the caterer, the date, address and time of the event, the licensed alcoholic beverage caterer's state and local license number and expiration date , and name of the event and the quantity and type of alcoholic beverages to be transported from the licensee 's primary location to the location of the authorized catered event or function . (3) The original off-premises event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell , or otherwise dispense alcoholic beverages off-premises except as authorized by the off-premises event permit . (c) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authori zed by its alcoholic beverage license . For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, it may sell or otherwise dispense only malt beverages at the authorized catered event or function . (d) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this chapter and shall be paid w ithin 30 days after the conclusion of the catered event or function . Sees. 4-318-4-336. Reserved. DIVISION 6. SPECIAL EVENTS FACILITY Sec. 4-337. General provisions. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for consumption on the premises . (b) Where a caterer is hired and separately licensed , and where that caterer will be the only entity dispensing or serving alcohol , the special events facility need not obtain a separate license for consumption on the premises. (c) In order to be eligible for a consumption on the premises license, a special events facility must : (1) Be available to public or private groups of persons; (2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and (3) Be open to or attended by invited or selected guests or paying patrons ; or (4) Be a sports complex situated in conformance with the city 's zoning ordinances. 36 Sees. 4-338-4-358. Reserved. DIVISION 7 . PUBLICLY OWNED FACILITIES Sec. 4-359. General provisions. (a) Notwithstanding any other prov1s1on of this chapter to the contrary, a limited exception to sections 4-47 and 4-231 of this chapter, shall exist for that person or entity possessing a public facilities permit, as hereinafter defined . (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except : (1) City Hall; and (2) Any fire station; and (3) Any public safety facility. (c) Any person or entity desiring to engage in activities permitted by this section, shall make written application to the city manager or his or her designee for the appropriate public facilities permit on forms prescribed by the city. All applications shall be accompanied by a public facilities permit fee as set forth by city council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the city manager as conditions of obtaining the public facilities permit. (d) The city manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a public facilities permit: (1) Expected time period in which the event will occur; (2) Whether the event will occur during daylight hours; (3) The number of people expected to attend the event; (4) Other activities scheduled to occur in the structure, facility or property at the time of the event; and (5) Any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (f) If such public facilities permit is granted by the city manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (g) A public facilities permit for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the fire marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure . (h) A public facilities permit for a public facility shall only permit the holder to serve (not sell) alcoholic beverages within the premises of the public facility. (i) A public facilities permit shall only be issued to a caterer licensed under the provisions of this chapter, or to an individual who meets the character requirements 37 of this chapter, provided , however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities permit shall be cause for the denial or revocation thereof. (I) Except as set forth above in th is section , a public facilities permit holder must comply with all of the provisions set forth in this chapter. Sees. 4-360-4-378. Reserved. ARTICLE VI . SALES BY FARM WINERIES Sec . 4-379 . Permitted sales. A farm winery may sell its wine and the wine of any other Georg i a farm winery licensee at retai l in a tasting room or other facility on the premises of the winery for consumption on the prem ises and i n closed packages for consumption off the premises. Sec. 4-380. Licenses. (a) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (b) The alcoholic beverage licenses which may be issued to farm wineries under th is chapters are : (1) Wholesaler of farm winery production. A farm wine ry shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6 - 21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued . (3) Consumption on premises sales of wine . Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in subsections (1) through (3) of this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on premises sales . For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package sales and consumption on premises . 38 (c) Ratio of sales . There shall be no spec ified or required ratio of alcohol sales to any other income for farm winery operations . (d) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated : (1) Monday through Saturday, from 9:00a .m. until12:00 midnight. (2) Sunday from 12:30 p.m . until12 :00 a.m . of the following day. (1) The licensed bus i ness shall open its bus i ness each day it is open by not later than 5 :00p .m . (e) Applicable provisions. The following provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof: Article I, definitions . Article II, licensing . Article V, sales for consumpt i on on premises -general provisions, except as specifically noted in this section . Article X, regulations . (f) License fees . Any applicant for a license for the sale of wine and operation of a farm winery shall pay the license fee as set forth in the fee schedule . (g) Licensing limitations. The license created in accord with this article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21 .1 et seq ., and the licensee shall be permitted to perform only acts allowed in accord with such statutes . No license i s hereby created authorizing any other use . (h) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license . Failure to present a valid copy of a current and valid state license will result in a refusal to renew the license . (i) Consumption on the prem ises sale of distilled spirits, wine and malt beverages. A farm winery may apply for a license for consumption on premises of wine, malt beverages and/or distilled spirits (not produced under the Georgia Farm Winery Act O.C.G .A. § 36 -6-21.1 et seq .) under the terms as provided under article V, sales for consumption on premises . Sees. 4-381-4-399. Reserved ARTICLE VII. WHOLESALERS DIVISION 1. GENERALLY Sec. 4-400. License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the city shall procure a license under the same distance requirements and required hours and days of operation applicable to retail package licensees . The license fee for a resident wholesale dealer's license shall be set by mayor and council and approved by resolution . (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the city but who does business in the city, shall be registered in the city and subject to excise tax due from wholesale dea lers pursuant to article VIII. Such registration shall be renewed annually with : 39 a. Submittal of annual renewal affidavit; .b . The presentation of satisfactory evidence that he understands the alcoholic beverage rules and regulations of the city and the conditions under which retail licenses are issued ; and c. A registration fee of $100 .00 as authorized by O.C.G.A . § 3-5-43. Sec. 4-401. Special provisions applicable to wholesale license. (a) No person who has any di rect financial interest in any license for retail sale of any alcoholic beverages in the city shall be allowed to have any interest or ownership i n any wholesale alcoholic beverage license issued by the city . (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this article . No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business . (c) No alcoholic beverage shall be delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The name of the wholesale distri butor shall be clearly marked on the delivery vehicle . Sec . 4-402. Hours and days of operation . Wholesalers shall not engage in the sale of alcoholic beverages except between 7 :00 a.m. and 6 :00 p.m., Monday through Saturday . There shall be no sales of alcoholic beverages on Sunday by wholesalers. Sec. 4-403. Audits. If the city manager deems it necessary to conduct an audit of the licensee's records and books , he or she shall notify the licensee of the date, time and place of the audit . Sees. 4-404-4-422. Reserved. ARTICLE VIII. EXCISE TAXES DIVISION 1. GENERALLY Sees. 4-423-4-441. Reserved. DIVISION 2. SALES OF DISTILLED SPIRITS BY THE DRINK Sec. 4-442. Tax imposed. There is imposed upon the retail sale of drinks containing distilled sp i rits in the city an excise tax. The rate of such tax shall be set forth by city council resolution and shall not exceed three percent of the purchase price of the drink to the consumer. A record of each sale shall be made in writing and maintained for inspection by any authori zed agent of the city. Sec. 4-443. Licensee to collect and remit. 40 Every consumption on the premises licensee shall collect the tax imposed by this section from purchasers of drinks containing distilled spirits. The licensee shall furnish such information as may be required by the city manager to facilitate the collection of the tax. Sec. 4-444. Customer receipts; credit sales. A consumption on the premises licensee shall give to the purchaser a receipt on which the purchase price and the tax imposed by this section shall be itemized separately. In all cases where the purchase is by deferred payment or credit, the licensee becomes liable for the collection and payment of the tax at the time of delivery of the drink to the purchaser. Sec. 4-445. Payment and returns by licensee. (a) Each licensee shall pay over the amount of taxes collected and coming due under this article in any calendar month to the city not later than the 20th day of the following calendar month. (b) On or before the 20th day of each month, a return for the preceding month shall be filed with the city treasurer or his or her designee by each licensee liable for the payment of tax under this article . Returns shall be in such form as the city may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (c) Returns shall show the licensee's gross receipts from the sale of food, if applicable, alcoholic beverages containing distilled spirits, indicating the number sold by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the city. Any amounts collected in excess of the excise tax rate set by the city council for the taxable sales shall be reported and paid to the city . (d) Any licensee who shall neglect, fail, or refuse to pay the tax herein provided upon all retail sales by the licensee of alcoholic beverages containing distilled spirits by the drink, shall be liable for and pay the tax himself or herself. (e) Licensees collecting the tax shall be allowed three percent of the first $3,000.00 of tax due and one-half percent of the amount in excess of $3,000.00 as a vendor's credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment . The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. Sees. 4-446-4-464. Reserved. DIVISION 3. WHOLESALE TAXES Sec. 4-465. Tax imposed. (a) There is imposed by the city an excise tax on the first sale or use of malt beverages in the city and is set at the rate set forth by city council resolution. (b) There is imposed by the city an excise tax on the first sale or use of wine by the package in the city and is set at the rate set forth by city council resolution . (c) There is imposed by the city an excise tax on the first sale or use of distilled spirits by the package in the city and is set at the rate set forth by city council resolution. 41 Sec. 4-466. Wholesaler to collect and remit. The excise tax imposed shall be collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale to the same, in the city . Said excise taxes shall be collected by the wholesalers at the time of the wholesale of such beverages. Sec. 4-467. Payment and returns by wholesaler. (a) It shall be the duty of each wholesaler to remit the proceeds so collected to the finance department of the city, on or before the 15th day of each month, for the preceding calendar month. (b) This remittance shall be submitted on forms as prescribed or authorized by the city . Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of alcoholic beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of alcoholic beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of alcoholic beverages in the city. (c) Failure to file such a statement, or to remit the tax collected on or before the 15 th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter . Sees. 4-468-4-486. Reserved. DIVISION 4 . BREWPUBS Sec. 4-487. Tax imposed. There is hereby levied an excise tax on all beer and malt beverages produced by a brewpub at the rate set forth by city council resolution . Sec. 4-488. Payment and returns by licensee. (a) The excise tax shall be paid to the city's finance department no later than the 20 th day of each month for the preceding month's production . (b) A late payment penalty not to exceed ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. Sees. 4-489-4-507. Reserved. DIVISION 5 . TAX RETURNS AND COLLECTIONS Sec. 4-508. Deficiency assessment. (a) If the city has cause to believe that a return or the amount of tax paid to the city by a licensee is not proper, the city may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month . (b) The amount of deficiency determination shall bear interest at a rate of one percent per month, or fraction thereof, from the 15th day of the month after the close of the period for wholesale tax due, or from the 20th day after the close of the period for 42 retail tax due , which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed . (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises . Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20 1h day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire . Sec. 4-509. Failure to file return . (a) If any licensee fails to make a return, the city shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the city which are subject to the tax . The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the city's possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city . One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by subsection 4-508{c). (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the city. Sec. 4-510. Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made . (b) Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the city . (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the city, the wholesaler shall immediately report such failure to pay to the finance department 43 of the city and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the city . In such event, the tax may be collected by the city by an action at law against the retailer . Sec. 4-511 . Actions for collections; overpayment. (a) At any · time within three years after the delinquency of any amount due under this article, the city may bring an action in the courts of th is state , any other state, or the United States in the name of the city to collect the amount delinquent, together with pena lties, interest, court fees , filing fees , attorneys' fees , and other legal fees incident thereto . (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax . (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments . Such claim shall be in writing and shall state the specific grounds upon which it is based . The claim shall be audited . If the city approves the cla im, the excess amount paid may be credited against other amounts due from the licensee or refunded . Sec. 4-512. Administration and enforcement of article. (a) The city treasurer or his o r her designee shall administer and enforce the provis ions of this Article VIII. (b) The city manager or his or her designee may promulgate rules and regulations for the enforcement of this article . (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts , invoices, and other pertinent papers in such form as may be required by the city . (d) The city manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due . (e) In the administration of the provisions of this article , the city manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any i nformation relating to purchases subject to taxation under this article . Sees. 4-513-4-531. Reserved. ARTICLE IX. SPECIAL PROVISIONS AND EXCEPTIONS WITHIN THE CRABAPPLE DISTRICT Sec. 4-532. General provisions. The provisions of this article are intended to set forth certain exceptions and prov1s1ons applicable only to licensees whose establishments are located within the area identified in the Crabapple District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this article, all such licenses remain subject to all other provisions of this chapter. 44 Sec. 4-533. Definition of Crabapple District For the purposes of this article only, the Crabapple District (as shown in the attached map) is defined as follows: The area of the city identified as T4, T4 Open, T4 Restricted and TS transect zones in the Crabapple Regulating Plan, excluding those parcels fronting Green Road and Arnold Mill Road . Sec. 4-534. Outside consumption of alcoholic beverages permitted. (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces . No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size . (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within Crabapple District. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premise within the Crabapple District . (e) Consumption limited to certain areas in Crabapple District. No alcoholic beverage purchased pursuant to this provision may be consumed outside of the Crabapple District, upon any sidewalk adjacent to a church, school or park (unless specifically authorized by the city in conjunction with a city event or other event authorized by the city) or upon any private property without the express written consent of the property owners . (f) Consumption limited to lawful hours of operation . No alcoholic beverage purchased pursuant to this provision shall be consumed except within the authorized hours of sale of the establishment where purchased. (g) Festivals; special events . Unless otherwise specified by this article, the provisions of this article shall also apply to special events and festivals . Sec. 4-535. Alcohol/food sales ratio. A licensed establishment located within the Crabapple District shall derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale or prepared meals or food. Sec. 4-536. No abrogation of other laws. 45 The provisions of this article shall not be deemed to abrogate or otherwise i mpact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws . Sees. 4-537-4-555. Reserved. ARTICLE X. REGULATIONS Sec. 4-556. Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A . § 3-3 -20. (b) It shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days . Sec. 4-557 . Distance requirement . (a) Beer, wine, and distilled sp irits consumption on the premises license. In accord with the discretion afforded by O.C.G .A. 3-3 -21(b)(3), no permit for brown bagging or the retail sale of alcoholic beverage for consumption on the premises shall be issued to any business that is with i n 20 yards of a church, school building, education building, school grounds, or college campus. (b ) Wine and malt beverages retail package sales. No person may sell or offer to sell any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college campus . (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route ; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route ; (4) To the main entrance of the church building, or to the nearest portion of the school grounds . (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools . As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or 46 the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-558. Sale to, purchase or possession by underage person. (a) No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A . § 3-3-23, and a violation of O.C.G .A. § 3-3-23, as may be amended , shall be cause for suspending or revoking a license in accordance with provisions of this chapter . Further, it shall be a violation not to requ i re and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment . No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15 . (c) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in , frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided that : 1. Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian . 2. This subsection shall not apply to minors who are employees under the terms of this article. Sec. 4-559. Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu . (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. 47 Sec. 4-560. Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41 : {a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: {1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; {2) The touching, caressing, or fondling of the breast, buttocks, anus , or genitals; or {3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. {b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection {a) of this section. {c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film , still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections {a) and {b) of this section . Sec. 4-561. Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. 48 The provisions of this article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. Secs. 4-537 — 4-555. Reserved. ARTICLE X. REGULATIONS Sec. 4-556. Days when sales are unlawful. (a) The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. Sec. 4-557. Distance requirement. (a) Beer, wine, and distilled spirits consumption on the premises license. In accord with the discretion afforded by O.C.G.A. 3-3-21(b)(3), no permit for brown bagging or the retail sale of alcoholic beverage for consumption on the premises shall be issued to any business that is within 20 yards of a church, school building, education building, school grounds, or college campus. (b) Wine and malt beverages retail package sales. No person may sell or offer to sell 46 any wine or malt beverage within 100 yards of any school building, school grounds, or college campus. (c) Distilled spirits retail package sales. No person may sell or offer to sell any distilled spirits in or within 100 yards of a church building or within 200 yards of any school building, educational building, school grounds, or college campus. (d) Most direct route used. For purposes of this section, the distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcoholic beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (e) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in subsections (a), (b), (c), and (d) of this section. (f) New church or schools. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or 46 the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcoholic beverages was lawful at such location at any time during the 12 months immediately preceding such application. Sec. 4-558. Sale to, purchase or possession by underage person. (a) No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A. § 3-3-23, and a violation of O.C.G.A. § 3-3-23, as may be amended, shall be cause for suspending or revoking a license in accordance with provisions of this chapter. Further, it shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his or her possession any alcoholic beverages while in a licensed establishment. No licensee shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. (b) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. (c) No person who holds a license to sell alcoholic beverages by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided that: 1. Such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. 2. This subsection shall not apply to minors who are employees under the terms of this article. Sec. 4-559. Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. 47 n Sec. 4-560. Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. Sec. 4-561. Requests for additional information. The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. 48