HomeMy WebLinkAboutORDINANCE NO 17 05 316I
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 17-05-316
AN ORDINACE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES OF THE CODE OF THE CITY
OF MILTON, GEORGIA (COMPREHENSIVE AMENDMENTS)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 15, 2017 at 6:00 p.m. as follows:
SECTION 1 That the condition of Chapter 4 has revisions in Sec. 4-1. -
Definitions., Sec. 4-47 . -Application; investigation consent., Sec. 4-192. -Growlers., Sec.
4-193. -Ancillary wine and malt beverage tasting., Sec. 4-231. -Locations where
permitted., Sec . 4-232. -Hours and days of sale., Sec. 4-233. -Promotions and sales.,
Sec. 4-235. -Pouring permits required., Sec. 4-239. -Limited consumption on premises
licenses., Sec. 4-359. -General Provisions., Sec. 4-557. -Distance requirement., ARTICLE
IX. -Special Provisions and Exceptions within Designated Zoning Districts, and Appendix
A -Fees and Other Charges.; and
SECTION 2 That the Chapter shall be revised in compliance with the State of
Georgia; and
SECTION 3 That all ordinances or part of ordinances that conflict with the
terms of this ordinance are hereby repealed; and
SECTION 4 This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature approval of the Mayor.
ORDAINED this 151h of May, 2017 .
Approved:
Attest:
Clerk
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Chapter 4 -ALCOHOLIC BEVERAGESW
Footnotes:
---(1) ---
Editor's note-Ord. No. 15-03-236, § l, adopted March 16, 2015, amended the Code by
repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4.
§§ 4-1-4-5, 4-25-4-27, 4-47-4-53, 4-73--4-75, 4-96-4-102, 4-122-4-125. 4-145-4-147, 4-167, 4-
168, 4-188-4-192, 4-211-4-213, 4-232-4-234, 4-254-4-257, 4-277, 4-297, 4-317-4-319, 4-339, 4-
359-4-361, 4-417, 4-437, 4-457, 4-477, 4-497-4-500, 4-520-4-545, and pertained to similar subject
matter. See the Code Comparative Table for a complete derivation.
State Law reference-Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of
alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license
and regulate alcoholic beverage sales. O.C.G.A. § 3-3-2; local regulation of sales on Sundays,
O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt
beverages, 0.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements
for sale of malt beverages. O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine. O.C.G.A. § 3-
6-40.
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 means ethyl alcohol. hydrated oxide of ethyl. or spirits of wine. from whatever source
or by whatever process produced.
Alcoholic beverage means all alcohol. distilled spirits, beer, malt beverage, wine or fortified
wine.
Alcoholic beverage caterer means any retail dealer licensed pursuant to this chapter who
provides alcohol at authorized events or functions.
Applicant means the person. partner, firm or corporation. as owner. or other entity authorized
to represent the business making application for the license.
Barrel means 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 means 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."
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Brewpub means 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 license, brown bagging or brown bagged means a license for any place of
business open to the public or any private club which allows guests, patrons or members to
purchase the establishment's wine on the premises, and leave with the unfinished portion after
being corked by a permitted employee of the establishment.
Bring Your Own Beverage {BYOB) License means a license for any place of business open to
the public that allows patrons to bring in their own wine and beer; Limited to wine and beer.
Church means any permanent place of public religious worship.
Distilled spirits or spirituous liquor means 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 means 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
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 means 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 means a domestic winery that is licensed as a farm winery by the State of
Georgia.
Food caterer means any person that prepares food for consumption off the premises.
Fortified wine means 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 means 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 means 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 means a glass or ceramic container not to exceed 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 means 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.
Incidental License means a license for an establishment that does not sell food; Cannot
charge for alcohol; Limited to wine and beer; Consumption for any individual shall not exceed
16 ounces of wine or 24 ounces of beer within a calendar day; Alcohol expense shall not
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exceed 23 of gross receipts (gross receipts shall have the same meaning as provided in section
12-20)
License means the authorization by the governing authority of the city to engage in the sale
of alcoholic beverages as provided for in this chapter.
Licensee means 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.
Limited Tap License means a license for an establishment that does not sell food; Limited to 4
beer taps; Kegs must be from breweries located no further than 50 aerial miles from the
establishment; Consumption for any individual shall not exceed 48 ounces within a calendar
day; Gain approval from the Fire Marshall and Building Official in accordance with applicable
codes.
Liter means the metric measurement currently used by the United States.
Manufacturer means any maker. producer, or bottler of an alcoholic beverage. The term
"manufacturer" also means:
( l) 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
(3) In the case of wine. any vintner.
Package means 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 means 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 means the location. whether room, shop, or building, wherein activities permitted by
this chapter are conducted.
Private club means any nonprofit association organized under state law which:
( l) 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 means 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
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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 mea ns any person who sells alcoholic beverages for consumption
on the premises, at retail, only to consumers and not for resale.
Retail package dealer means 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.
Special events facility. This term shall have the same meaning as that provided for "assembly
hall" or "rural or agricultural event facility" provided in section 64-1 .
Specialty gift shop means any retail gift shop that derives not more than 15 percent of its gross
sales from the sale of package gift baskets containing non-alcohol related items such as flowers,
plants, food or similar items which also contain unbroken containers of wine or malt beverages.
Sports club means 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.
( l) 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 means 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 means any person who sells alcoholic beverages to other
wholesale dealers, retail dealers, or retail consumption dealers.
Wine means 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. I I Ord. No. 15-03-236 , § l. 3-16-2015; Ord. No. 16-01-267 , § l , 1-4-2016)
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Secs. 4-2-4-24. -Reserved.
ARTICLE II. -LICENSING.!21
Footnotes:
---(2) ---
State Law reference-Local authorization and regulations for manufacture, distribution, and
package sales of distilled spirits, O.C.G.A. § 3-3-40 et seq.; local licenses for sale of distilled spirits
by the drink, 0.C.G.A. § 3-4-l l O; local license requirements and regulations for manufacture,
distribution, and sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale
of malt beverages, O.C.G.A. § 3-5-42; local licensing requirements for the sale of wine, O.C.G.A.
§ 3-6-40; local authorization and regulation of the sale of a lcoholic beverages in private clubs,
O.C.G.A. § 3-7-40 et seq.
DIVISION l. -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.
(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 in accord with the terms of this ordinance,
and is subject to any ordinance amendments that may be enacted by the city."
(d) Compliance with state and federal 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 and federal regulations and laws.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
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.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
Secs. 4-27-4-46. -Reserved.
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DIVISION 2. -APPLICATION
Sec. 4-47. -Application; investigation consent.
(a) City form. All persons desiring to sell alcoholic beverages or obtain a BYOB License or
Incidental License shall make an application on the form prescribed by the city manager, or
his or her designee.
(b) Contents. The application shall include, but not be limited to:
( l) 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 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 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.
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(g) License fees. The application shall be accompanied by the prerequisite fee as established by
the mayor and council. Except for applications for special events permits, all licenses granted
under this chapter shall be for the months remaining in the calendar year after application is
made. License fees for new licenses granted shall be prorated based on the number of
months remaining in the calendar year; a partial month shall be counted as a full month.
(Ord. No. 15-03-236 , § l, 3-1 6-2015)
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 .
. ( Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-49 . -Processing fees.
Each application for a license or renewal of a license under this chapter shall be
accompanied by processing fees in amounts 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 on a given application shall pay only one set
of processing fees. 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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Sec . 4-50 . -Withdrawal by applicant; refunds.
(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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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 investigation. 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 request additional
information as may be determined to be necessary in order for the city manager to ac cept
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 distilled spirits, subject to the conditions set forth in section
4-167.
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(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.
( Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-52 . -Notice requirements.
(a) Posting on premises to be licensed.
( 1) Required: specifications. The applicant for an original license under this chapter 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 related to the sale or consumption of alcoholic
beverages on the premises under this chapter has been filed w ith 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;
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.
( Ord. No. 15-03-236 , § l , 3-16-2015)
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
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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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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. Rules and 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.
(Ord. No. 16-01-267 , § 2, 1-4-2016)
Secs . 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:
1. A United States citizen;
2. A legal permanent resident of the United States;
3. A qualified alien or non-immigrant under the Federal Immigration and Nationality
Act with an alien number issued by the Department of Homeland Security or
other federal immigration agency.
(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
20 percent of the partnership; or if no partner owns 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 contendere, and has been released from parole or probation, to any crime
involving:
( 1) Moral turpitude;
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(2) Illegal gambling;
(3) Illegal possession or sale of controlled substances;
(4) Illegal possession 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 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.
( Ord. No. 15-03-236 , § l , 3-16-2015)
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
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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.
( Ord. No. 15-03-236 , § 1, 3-16-2015)
Sec. 4-75. -City manager permitted discretion concerning qualifications.
(a) The city manager and c ity council, in their 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 in the general public's best interest, such circumstances may be
grounds for denying the application.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
Secs. 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 w ritten
consent of such agent, w ith the city manager and shall be in such form as her or she may
prescribe.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
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.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
Sec. 4-98. -Notice of change in management required.
If the manager of the licensed premises 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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Sec. 4-99. -Transferability of license.
(a) No alcoholic beverage license shall be transferable, except as otherwise provided in this
section.
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(b) In case of the death of a licensee, the establishment shall be allowed to continue to sell or
serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in
accordance with this chapter, for a period of 45 days from 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 or consumption of alcoholic beverages on the premises 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 or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in
accordance with this chapter, 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 that no such
establishment may sell or serve alcoholic beverages or otherwise operate pursuant to a BYOB
License 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 related to alcoholic beverages 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
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(b) All establishments licensed under this chapter must maintain the following records for three
years and make them available for audit at the licensed premises:
( l) 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 l 099s.
(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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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 license 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 on or before 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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Sec. 4-102. -Automatic forfeiture of license for nonuse.
(a) All holders of licenses under this chapter must within six months after the issuance of said
license, open for business the establishment referred to in 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 after the license has been issued cease to operate the business and sale or service
of the products authorized shall. after the three-month period, automatically forfeit the
license without the necessity of any further action.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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Secs. 4-103-4-121. -Reserved. I DIVISION 5. -ENFORCEMENT
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Sec. 4-122. -Suspension or revocation of license.
(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 section 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 or served alcoholic beverages
or allowed guests to bring their own alcohol to the premises 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;
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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;
h. Public indecency;
i. Prostitution;
j. Solicitation of sodomy; or
k. Any sexual related crime.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec . 4-123. -Enforcement of this chapter.
(a) If a licensee violates any provision of this chapter, excluding sales or service to underage
persons, 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, allows
any individual to consume alcohol pursuant to a BYOB License when the licensee or the
licensee's employee or agent knew or should have known such individual 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 12-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 12-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 12-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 or service 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
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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-premises locked storage area out of view of the public.
(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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-124. -Hearing procedures on denial, suspension or revocation.
(a) Applicants shall be given a hearing on the following grounds:
( l ) 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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:
( l ) Whether the licensee conducts its own "secret shopper" or internal "sting" operations.
(2) The degree to which the licensee has procedures in place to monitor its servers for
compliance with the ordinance.
(3) Whether the licensee enforces a zero-tolerance policy in which employees are
terminated for any violation of this ordinance.
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(4) Other evidence demonstrating the licensee's efforts to c omply with the ordinanc e and
prevention of underage drinking in the licensed establishment and the community at
large.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
Secs. 4-129-4-166. -Reserved.
ARTICLE Ill. -TEMPORARY AND SPECIAL EVENT POURING 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:
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( l) 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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
Sec . 4-168. -Special event pouring permit.
(a) For currently licensed consumption-on-premises establishments. A special event pouring
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 mus t 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 pouring permit, shall be required to comply with all of the general ordinances
and the licensing and regulations associated w ith 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 pouring 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:
( l) The event must have been permitted as an approved special event, as described in
section 64-1596 prior to the issuance of a special event pouring 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 pouring 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
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pouring 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.
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, 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 pouring 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.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
Secs. 4-169-4-177 . -Reserved.
ARTICLE IV. -RETAIL PACKAGE SALES
DIVISION 1. -GENERALLY
Secs. 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:
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I ( 1) Establishments duly licensed by the city to sell packaged beer, malt beverages and/or
wine; or
(2) 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-190. -Use of tags or labels to indicate prices.
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. I I Ord. No. 15-03-236 . § I. 3-16-2015)
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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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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 two ounces, and no customer
shall consume more than eight ounces in any two-hour period.
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(Ord. No. 15-03-236 , § 1, 3-16-2015)
Sec. 4-193. -Ancillary wine and malt beverage tasting.
(a) The holder of a wine-only, malt-only, or wine and malt package store license, shall be eligible
for an ancillary wine and/or malt tasting license to provide samples of wine and/or malt
offered for sale to customers under the conditions set forth in this section.
(b) Sampling shall be on limited occasions when a customer requests a sample of a wine and/or
malt offered for sale within the premises or in conjunction with education classes and
sampling designed to promote wine and/or malt appreciation and education.
(c) Wine and/or malt tasting for customers shall only be conducted at a counter area
constituting no more than ten percent of the entire floor area of the premises.
(d) Wine and/or malt sampling for customers shall not exceed two ounces, and no customer shall
consume more than eight ounces in any two-hour period.
(e) Wine and/or malt 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 and/or malt shall be removed from the licensed premises.
(g) The holder of an ancillary wine and/or malt 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.
(h) Holders of an ancillary wine and/or malt tasting permit shall not charge for samples or tastings,
but may accept donations for a charitable organization of their choice.
(i) Wine and/or malt sampling and tasting is permitted within the enclosed portion of the
premises. Wine and/or malt sampling and tasting may be allowed in open areas, sidewalks,
decks, patios, or similar unenclosed spaces on or about the premises of an establishment 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 including, 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.
(j) Wine and/or malt tastings ore permitted Monday through Saturday, from 9:00 a.m. until 9:00
p.m., and Sunday from 12:30 pm. until 9:00 p.m.
(k) There will be an annual fee to obtain an ancillary wine and/or malt tasting permit as set forth
from time to time by the city council.
( Ord. No. 15-03-236 , § 1, 3-16-2015)
Secs. 4-194-4-210. -Reserved.
DIVISION 3. -DISTILLED SPIRITS
Sec. 4-211. -Type of retail establishment. I (a) No distilled spirits by the package shall be sold at retail except in :
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I ( l) 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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 l , 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.
(Ord. No. 15-03-236 , § l, 3-16-2015) I Sec. 4-213. -Hours and days of operation.
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(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.
( Ord. No. 15-03-236 , § l, 3-16-2015)
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
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 4-215-4-221 . -Reserved .
DIVISION 4. -SPECIALTY GIFT SHOPS
Sec. 4-222. -General provisions.
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(a) Notwithstanding any other provision of this chapter to the contrary, a limited exception to the
provisions of section 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 permitted 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 processing 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 and in state and federal law.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Secs. 4-223--4-230. -Reserved.
ARTICLE V. -SALES FOR CONSUMPTION ON PREMISES
DIVISION 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 regularly 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; or
(3) At establishments holding Limited Tap Licenses.
(b) This section shall not apply to private clubs or establishments that solely allow brown bagging.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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:
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(a) Eating establishment
( 1) Monday through Saturday, from 9:00 a .m. until 2:00 a.m. of the following day.
(2) Sunday from 12:30 p .m. until 2:00 a.m. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least 50 percent
of its total annual gross sales from the sale of prepared food or meals.
(3) 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 sec tion for discontinuance of the sale
of alcoholic beverages on the premises.
(4) The licensed business shall open its business each day it is open by not later than 5:00
p.m.
This section shall not apply to private club.
(b) Incidental License, Limited Tap Licenses, Brown Bag License, and/or BYOB License
( l) Permitted Monday through Saturday, from 9:00 a .m. until 9:00 p .m., and Sunday from
12:30 pm. until 9:00 p .m.
(Ord. No. 15-03-236 , § l, 3-1 6-2015)
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:
( l) 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 503 of 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.
(5) 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.
(9) Offer alcohol beverage discounts at any times except between the hours of 4:30 p .m.
and 7:30 p.m. Monday -Sunday.
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This section shall not apply to Incidental Licenses.
(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
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 provision of this section shall be construed to prohibit licensees from:
( l) 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 limit activities typically associated with promotion referred to
as "happy hour" or similarly designated promotions.
(f) The police department shall have the responsibility for the enforcement of this 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, provided, however, that this section shall not apply to
Incidental Licenses.
(h) It shall be unlawful for 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
establishments with a BYOB License.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
Sec. 4-235. -Pouring permits required.
The following regulations shall apply to all establishments holding a license for consumption
of alcoholic beverages on the premises, including establishments holding an Incidental License,
BYOB License, or Limited Tap Licenses:
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( 1) No person shall be employed to dispense, sell , serve, take orders, 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.
(2) This section shall not be construed to include volunteer groups with nonprofit tax exempt
status from the Internal Revenue Service whose volunteer efforts financially 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.
(3) No pouring permit shall be issued until such time as a signed application has been filed
with the city police department 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.
(4) 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.
(5) Crimes preventing the possession of a pouring permit:
a. The applicant shall submit to fingerprinting as part of a bac kground investigation
by the c ity polic e department in connection with the application for the permit.
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 pied guilty or entered a plea
of nolo contendere to any crime involving:
1. Moral turpitude;
2. Illegal gambling;
3. Illegal possession or sale of controlled substances;
4. Ill egal possession 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 sexual related crime.
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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.
b. 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 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.
(6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year
from the date of the original application and shall be valid for use at any licensed
establishment. 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.
(7) Reserved.
(8) 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.
(9) 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.
( 10) 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.
( 11) 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.
( 12) 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.
( 13) 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.
( Ord. No. 15-03-236 , § 1, 3-16-2015)
Sec . 4-236. -Reserved
Sec. 4-237. -Licensee o provide list of all employees involved with sale and/or handling of
alcoholic beverages.
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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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec . 4-238. -Open area and patio sales regulations.
The 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 including, 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.
( Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-239. -Limited consumption on premises licenses.
(a) Brown Bagging License.
( 1) 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 or other permitted employee
prior to removal from the premises and transported in acc ordance 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.
(2) 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
or other permitted employee 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.
(b) Limited Tap License
( 1) A Limited Tap License is required for establishment that:
(a) Does not sell food;
(b) Is limited to four beer kegs; those kegs must be from breweries located no further
than 50 aerial miles from the establishment;
(c) May sell beer Monday thought Saturday, from 9:00 a .m. until 9:00 p.m. and Sunday
from 12:30 p.m. until 9:00 p.m.;
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(d) Shall not allow consumption by any individual to exceed 48 ounces within a
calendar day;
(e) Gains approval from the Fire Marshall and Building Official in accordance with
applicable codes.
(2) An establishment must obtain a Limited Tap License.
(c) Incidental License
( 1) An Incidental License is required for establishment that:
(a) Does not sell food;
(b) Cannot charge for alcohol;
(c) May serve wine and beer Monday thought Saturday, from 9:00 a.m. until 9:00 p.m.
and Sunday from 12:30 p .m. until 9:00 p.m.;
(d) Shall not allow consumption by any individual to exceed 16 ounces of wine or 24
ounces of beer within a calendar day;
(e) Is limited to wine and beer;
(f) Alcohol expenses shall not exceed 23 of gross receipts;
{g) Any provisions within this chapter that refer to sales shall apply.
(2) An establishment must obtain an Incidental License.
{d) Bring Your Own Beverage (BYOB) License
( 1) A Bring Your Own Beverage License is required for establishment that:
(a) Notwithstanding any other contrary provision of this chapter, any restaurant
whic h is licensed to sell wine and beer for consumption on the premises may permit a
patron to bring into the restaurant unopened wine and beer for consumption on the
premises if the patron purchases a meal and consumes a portion of the bottle of wine
or beer during the meal on the restaurant's premises. Should the patron wish to take
the unfinished portion of the bottle of wine from the premises, such bottle of wine shall
be resealed by the licensee or other permitted employee prior to removal from the
premises and transported in accordance with O.C.G.A. § 40-6-253;
(b) The restaurant must establish a policy for permitting this practice and may in its
own discretion charge a corkage fee. Nothing in this section shall be deemed to require
a restaurant to establish such a policy.
(b) Permitted Monday thought Saturday, from 9:00 a.m. until 9:00 p.m. and Sunday
from 12:30 p .m . until 9:00 p.m.
(2) An establishment must obtain a Bring Your Own Beverage License.
( Ord. No. 15-03-236 , § 1, 3-16-2015)
Sec. 4-240. -Physical requirements of premises.
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I (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. I (Ord.No.15-03-236 .§ 1.3-16-2015)
I
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.
( Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-243. -Conflicts with wholesaler or manufacturer prohibited.
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.
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(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-244. -Solicitation prohibited.
No establishment 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 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:
( 1) 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;
(2) 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;
(3) 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;
(4) 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;
(5) Wine and/or beer sales by the package pursuant to this section shall be sold during the
hours as indicated in section 4-189;
(6) 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;
(7) Pursuant to Ga. Comp. Rules and 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.
(8) Pursuant to Ga. Comp. Rules and 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
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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.
(Ord. No. 16-01-267 , § 3, 1-4-2016)
Secs. 4-246-4-253. -Reserved.
DIVISION 2. -BREWPUBS
Sec. 4-254. -General provisions.
(a) A brewpub license authorizes the holder of such license to:
( l) 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;
(2) 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
(3) 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 4-255-4-276. -Reserved.
DIVISION 3. -PRIVATE CLUBS
Sec. 4-277. -General provisions.
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(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.
(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 premises establishments.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 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 50 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
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(f)
(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.
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
hours as indicated in section 4-232.
(g) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than
50 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
excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 4-298-4-316. -Reserved.
DIVISION 5. -ALCOHOLIC BEVERAGE CATERERS
Sec. 4-31 7. -General provisions.
(a) License requirements for resident caterers.
( l) Annual permit.
a . 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 section 4-168, which are separately licensed.
b . Any caterer who possesses a valid city license to sell malt beverages, wine or distilled
spirits by the package for consumption 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 drink off premises at authorized catered events or functions.
c . 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 .00) 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.
a. 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.
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(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.
( 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
authorized 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 within 30 days after the conclusion of the catered event or function.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
Secs. 4-318-4-336. -Reserved.
DIVIS ION 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;
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(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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 4-338-4-358. -Reserved .
DIVISION 7. -PUBLICLY OWNED FACILITIES
Sec. 4-359. -General provisions.
(a) Notwithstanding any other provision 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:
( l) Any fire station; and
(2) 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
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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 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 this section, a public facilities permit holder must comply with all
of the provisions set forth in this chapter.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 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 Georgia farm winery licensee at
retail in a tasting room or other facility on the premises of the winery for consumption on the
premises and in closed packages for consumption off the premises.
( Ord. No. 15-03-236 , § l, 3-16-2015)
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) [Licenses issued.] The alcoholic beverage licenses which may be issued to farm wineries under
this chapters are:
( 1) Wholesaler of farm winery production. A farm winery 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.
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(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.
(c) Ratio of sales. There shall be no specified 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 9:00 a.m. until 12:00 midnight.
(2) Sunday from 12:30 p.m . until 12:00 a.m. of the following day.
(3) The licensed business shall open its business each day it is open by not later than 5:00
p.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 consumption 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 is 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 premises 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.
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( Ord. No. 15-03-236 , § l , 3-16-2015)
Secs. 4-381-4-399. -Reserved.
ARTICLE VII. -WHOLESALERS
DIVISION l. -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 dealers pursuant to article
VIII. Such registration shall be renewed annually with:
( l) Submittal of annual renewal affidavit;
(2) 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
(3) A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Sec. 4-401. -Special provisions applicable to wholesale license.
(a) No person who has any direct financial interest in any license for retail sale of any alcoholic
beverages in the city shall be allowed to have any interest or ownership in 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 distributor shall be clearly marked on the
delivery vehicle.
(Ord. No. 15-03-236 , § l , 3-16-2015)
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.
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(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 4-404-4-422. -Reserved.
ARTICLE VIII. -EXCISE TAXES
DIVISION l. -GENERALLY
Secs. 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 spirits 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 authorized agent of the city.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-443. -Licensee to collect and remit.
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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 twentieth day of the following calendar
month.
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(b) On or before the twentieth 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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
Secs. 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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
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 fifteenth day of each month, for the preceding
calendar month.
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(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 fifteenth day of
each month, shall be grounds for suspension or revocation of the license provided for by this
chapter.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Secs. 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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 twentieth 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.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
Secs. 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 c ity 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 equal to the bank prime
loan rate as posted by the Board of Governors of the Federal Reserve System in statistical
review release H. 15 or any publication that may supersede it, plus 3 percent, to accrue
monthly from the fifteenth day of the month after the close of the period for wholesale tax
due, or from the twentieth day after the close of the period for retail tax due, which the
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amount or any portion thereof should have been returned until paid, in addition to any other
penalties which may be imposed. Such annual interest rate shall be determined for each
calendar year based on the first weekly posting of statistical release H. 15 on or after January
l of each year. For the purposes of this code section, Any period of less than one month shall
be considered to be one month.
(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 twentieth 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
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 ci y, within the time required, shall pay a penalty of 15 percent of the tax, or
amount of the tax and interest, due the city.
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I (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 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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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 this state. any other state, or the United States in the
name of the city to collect the amount delinquent, together with penalties. 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 claim, the excess amount paid may be credited against
other amounts due from the licensee or refunded. I I Ord. No. 15-03-236 . § I . 3-16-2015)
I
Sec. 4-512. -Administration and enforcement of article.
(a) The city treasurer or his or her designee shall administer and enforce the provisions 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 information relating to purchases subject to taxation under this article.
(Ord. No. 15-03-236 , § l. 3-16-2015)
Secs . 4-513-4-531 . -Reserved.
ARTICLE IX. -SPECIAL PROVISIONS AND EXCEPTIONS WITHIN DESIGNATED ZONING DISTRICTS
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Sec. 4-532. -General provisions.
The provisions of this article are intended to set forth certain exceptions and provisions
applicable only to licensees whose establishments are located within the area identified in the
Crabapple District, Deerfield District, and Birmingham Crossroads 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.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
Sec. 4-533 . -Definition of Special Districts.
For the purposes of this article only, the Crabapple District, Deerfield District, and Birmingham
Crossroads Districts (as shown in the attached map) are defined as follows: The area of the city
identified as T4, T4 Open, T4 Restricted, TS, T6 , and adjacent CS transect zones in the applicable
Form Based Code. Excluding in Crabapple those parcels fronting Green Road and Arnold Mill
Road.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
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 defined districts. Alcoholic beverages consumed
pursuant to this provision must be purchased from a licensed premises within the defined
districts.
(e) Consumption limited to certain areas in defined districts. No alcoholic beverage purchased
pursuant to this provision may be consumed outside of the defined districts, 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 purc hased.
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(g) Festivals; special events. Unless otherwise specified by this article. the provisions of this article
shall also apply to special events and festivals.
(Ord. No. 15-03-236 , § 1, 3-16-2015)
Sec. 4-535. -Alcohol/food sales ratio.
A licensed establishment located within the defined districts shall derive a minimum of 50
percent of its total annual gross food and beverage sales from the sale or prepared meals or food.
(Ord. No. 15-03-236 , § l. 3-16-2015)
Sec. 4-536. -No abrogation of other laws.
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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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 the retail sale of alcoholic
beverage for consumption on the premises or for Incidental Licenses or BYOB Licenses 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 any wine or
malt beverage within l 00 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 l 00 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:
( l) In a straight line from the front door of the establishment regulated under this ordinance;
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(2) To the front door of the building of a church, government-owned treatment center or a
retail package store; or
(3) To the nearest property line of the real property being used for school or educational
purposes.
(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 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.
(Ord. No. 15-03-236 , § l , 3-16-2015)
Sec. 4-558. -Sale to, purchase or possession by underage person.
(a) No licensee shall sell or serve or permit to be sold or served 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
ofTitle 15.
(c) No person who holds a license to sell or serve alcoholic beverages by the drink or who holds
a BYOB License 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:
( l) 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.
(Ord. No. 15-03-236 , § l, 3-16-2015)
Sec. 4-559 . -Advertising; signs.
(a) No outdoor advertising or signs with respect to the promotions of the sale or service of
alcoholic beverages, or the prices of such beverages, shall be permitted:
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( 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.
( Ord. No. 15-03-236 , § 1. 3-16-2015)
Sec. 4-560. -Types of entertainment, attire and conduct prohibited.
Pursuant to O.C.G.A. § 3-3-41 :
( 1) No person shall perform on a premises licensed hereunder acts of or acts which constitute
or simulate:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
c . The displaying of any portion of the female breast below the top of the areola or the
d isplaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva,
or genitals.
(2) 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.
(3) 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.
(Ord. No. 15-03-236 , § 1. 3-16-2015)
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.
(Ord. No. 15-03-236 , § l. 3-16-2015)
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