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Agenda Packet - CC - 12/07/2020
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, December 7, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Nathan Young, Grace Church of Alpharetta 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 20-330) 5) PUBLIC COMMENT (General) 6) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7, 2020 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 1. Approval of the October 19, 2020 City Council Meeting Minutes. (Agenda Item No. 20-331) (Sudie Gordon, City Clerk) 2. Approval of the November 2, 2020 City Council Meeting Minutes. (Agenda Item No. 20-332) (Sudie Gordon, City Clerk) 3. Approval of the November 16, 2020 City Council Meeting Minutes. (Agenda Item No. 20-333) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements and Investment Report for the Period Ending October 2020. (Agenda Item No. 20-334) (Bernadette Harvill, Finance Director) 5. Approval of Ratification of Authorization for the Georgia Department of Natural Resources to Enforce Trespass and Illegal Hunting Laws on City of Milton-owned Property. (Agenda Item No. 20-335) (Rich Austin, Police Chief) 6. Approval of a Professional Services Agreement between the City of Milton and Sweeping Corporation of America, Inc. for Sweeping of the Major Roads, Medians, Curbs and Gutters called out in the Bid Document. (Agenda Item No. 20-336) (Robert Drewry, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for Surveying Work at Fire Station 42 at 15240 Thompson Road. (Agenda Item No. 20-337) (Robert Buscemi, Interim Community Development Director) 8. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering, Inc, for Geotechnical Services for Fire Station 42. (Agenda Item No. 20-338) (Robert Buscemi, Interim Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7, 2020 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Louis Reynaud LL 249 Dist. 2 Sect. 2 16500 Hopewell Road Minor Plat Subdivided into 3 Tracts 4.972 Acres 0.60 lots / Acre (Agenda Item No. 20-339) (Tracie Wildes, Land Development Manager) 10. Approval of Amendment #5 to a Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from December 1, 2020 to May 31, 2021. (Agenda Item No. 20-340 (Robert Buscemi, Interim Community Development Director) 11. Approval of a Domain Registration with DotGov Domain Registration System for Rights to the MiltonGA.gov Domain Name. (Agenda Item No. 20-341) (David Frizzell, IT Manager) 12. Approval of Change Order #1 between the City of Milton and Earth Networks, Inc. for the Installation and Annual Subscription of Lightning Detection Systems at Bell Memorial Park and the Cox Road Athletic Complex. (Agenda Item No. 20-342) (Tom McKlveen, Parks and Recreation Manager) 13. Approval of Change Order #1 between the City of Milton and BM&K, P.C. for the Asphalt Reconstruction and Resurfacing Inspection Project to Provide Inspection Services for the Addition of Bethany Road and Deerfield Parkway. (Agenda Item No. 20-343) (Robert Drewry, Public Works Director) 14. Approval of Change Order #1 to the Agreement between the City of Milton and Tunnell, Spangler & Associates, Inc. to Extend the Agreement Term to September 30, 2021 for the Research and Development of an Ordinance to Create Equestrian-Rural Friendly Land Use Practices. (Agenda Item No. 20-344) (Robert Buscemi, Interim Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7, 2020 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 15. Approval of an Enterprise License Agreement between the City of Milton and Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems Software. (Agenda Item No. 20-345) (David Frizzell, IT Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Jack O’Brien Burke for His Efforts to Cure Neurofibromatosis (NF). (Presented by Councilmember Laura Bentley) 2. Recognition and Presentation of City of Milton “Ten” Year Anniversary Pins to: Councilmember Joe Longoria, Chris Ward, Brian Murtagh and Chris Thorne. (Presented by Mayor Joe Lockwood) 3. Recognition and Presentation of City of Milton “Five” Year Anniversary Pins to: Luke Hayduk, Tom McKlveen, Logan Pacheco, Daniel Sanders and Teresa Stickels. (Presented by Mayor Joe Lockwood) 4. Proclamation Recognizing City of Milton Employee Appreciation Week. (Presented by Mayor Joe Lockwood) 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Article VIII of Chapter 2, Sec. 2- 858 – Solicitation or Acceptance of Gifts, of the Code of the City of Milton, Georgia. (Agenda Item No. 20-346) (Rich Austin, Police Chief) 2. Consideration of An Ordinance Approving a List of Names as Standby Judges for the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter. (Agenda Item No. 20-347) (Brooke Lappin, Municipal Court Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7, 2020 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of An Ordinance to Amend Chapter 4 and Appendix A of the Milton Code of Ordinances (Alcoholic Beverages) to Update Various Sections and Substantially Reorganize Article III. (Agenda Item No. 20-348) (Sarah LaDart, Economic Development Manager) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2021 City of Milton City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 20-349) (Sudie Gordon, City Clerk) 2. Consideration of An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to Provide the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by the Council; to Supersede the Existing Emergency Ordinance; and for Other Purposes. (Agenda Item No. 20-350) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Parks & Recreation 3. Economic Development MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 7, 2020 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-351) CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Financial Statements and Investment Report for the Period Ending October 2020 MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X December 7, 2020 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 30, 2020 for the December 7, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 1 – October 2020 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 2.26% over what is anticipated for the first period of the fiscal year. Please remember as you look at the financial statements that there are several revenue sources whose collections in the first two periods of a new fiscal year will be accrued back to the previous fiscal year. It is a generally accepted accounting principle to apply the revenue to the period it is intended for. Total expenditures to-date are $2,489,906 and are 6.35% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $16,765,923, capital expenditures-to-date total $1,328,309. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending October 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,081,525 1,072,191 1,058,406 13,785 1,072,191 1,058,406 13,785 Motor Vehicle Tax 742,799 - - - - - - Intangible Tax 266,000 - - - - - - Real Estate Transfer Tax 100,000 - - - - - - Franchise Fees 2,174,624 1,088 1,081 7 1,088 1,081 7 Local Option Sales Tax 8,775,931 - - - - - - Alcohol Beverage Excise Tax 300,000 - - - - - - Fireworks Excise Tax 250 277 - 277 277 - 277 Business & Occupation Tax 800,000 997 - 997 997 - 997 Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 50,000 - - - - - - Penalties & Interest 26,400 2,939 1,316 1,623 2,939 1,316 1,623 Alcohol Beverage Licenses 160,000 10,856 13,328 (2,472) 10,856 13,328 (2,472) Other Non-Business Permits/Licenses 34,000 3,724 2,732 992 3,724 2,732 992 Zoning & Land Disturbance Permits 58,500 2,260 4,873 (2,613) 2,260 4,873 (2,613) Building Permits 350,000 26,656 35,000 (8,344) 26,656 35,000 (8,344) Intergovernmental Revenue 7,500 - - - - - - Other Charges for Service 474,210 29,567 29,365 203 29,567 29,365 203 Municipal Court Fines 400,000 38,913 33,320 5,593 38,913 33,320 5,593 Interest Earnings 84,500 2,054 7,039 (4,985) 2,054 7,039 (4,985) Contributions & Donations - - - - - - - Other Revenue 110,128 30,914 8,907 22,007 30,914 8,907 22,007 Other Financing Sources 15,000 - - - - - - Total Revenues 29,511,367 1,222,438 1,195,367 27,071 1,222,438 1,195,367 27,071 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 11,230 12,423 (1,193) 11,230 12,423 (1,193) City Clerk 296,633 26,917 17,956 8,962 26,917 20,296 6,622 City Manager 846,407 49,592 53,271 (3,679) 49,592 53,271 (3,679) General Administration 45,557 764 3,810 (3,046) 764 3,810 (3,046) Finance 642,277 55,846 53,125 2,722 55,846 57,125 (1,278) Legal 335,000 26,167 27,906 (1,739) 26,167 27,906 (1,739) Information Technology 1,383,409 69,491 105,001 (35,510) 69,491 105,001 (35,510) Human Resources 372,280 31,079 31,527 (447) 31,079 31,527 (447) Risk Management 265,345 139,039 140,424 (1,385) 139,039 140,424 (1,385) General Government Buildings 325,126 10,119 20,019 (9,900) 10,119 20,019 (9,900) Communications 263,418 21,126 26,067 (4,941) 21,126 26,067 (4,941) Community Outreach & Engagement 186,569 11,791 16,266 (4,475) 11,791 16,266 (4,475) Municipal Court 370,108 19,902 26,299 (6,397) 19,902 26,299 (6,397) Police 5,198,242 523,288 501,187 22,101 523,288 501,187 22,101 Fire 7,454,408 577,045 639,030 (61,985) 577,045 639,030 (61,985) Public Works 2,788,578 158,525 198,953 (40,428) 158,525 199,053 (40,528) Parks & Recreation (Active)1,282,458 61,474 78,328 (16,854) 61,474 78,328 (16,854) Passive Parks/Greenspace 159,574 9,696 5,931 3,764 9,696 5,931 3,764 Community Development 1,787,047 125,986 132,431 (6,445) 125,986 132,431 (6,445) Economic Development 156,247 12,739 14,347 (1,608) 12,739 14,347 (1,608) Debt Service - - - - - - - Operating Transfers to Other Funds 6,577,082 548,090 548,090 - 548,090 548,090 - Operating Reserve 243,198 - - - - - - Total expenditures 31,140,044 2,489,906 2,652,390 (162,485)2,489,906 2,658,830 (168,924) Net Income/(Loss)(1,628,677)(1,267,468)(1,267,468) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee 1,000$ -$ -$ (1,000)$ Interest Revenues - 0 0 0 Crabapple Fest Sponsor 7,500 - - (7,500) Gas South Partnership - - - - Total revenues 8,500$ 0$ 0$ (8,500)$ EXPENDITURES Current: Special Events 101,178$ 4,599$ 4,599$ 96,579$ Total Expenditures 101,178$ 4,599$ 4,599$ 96,579$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 -$ - (24,000) Total other financing sources and uses 24,000$ -$ -$ (24,000)$ Net change in fund balances (68,678)$ (4,599)$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - 0 0 0 Interest Revenues/Federal Funds - 1 1 1 Total revenues -$ 1$ 1$ 1$ EXPENDITURES Current: Police -$ -$ -$ -$ Total Expenditures -$ -$ -$ -$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 1$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES E-911 Fees 1,000,000$ -$ -$ (1,000,000)$ Total revenues 1,000,000$ -$ -$ (1,000,000)$ EXPENDITURES Current: Public Safety 1,000,000$ -$ -$ 1,000,000$ Total Expenditures 1,000,000$ -$ -$ 1,000,000$ Net change in fund balances -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 24,000$ -$ -$ (24,000)$ Total revenues 24,000$ -$ -$ (24,000)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ -$ -$ (24,000)$ Total other financing sources and uses 24,000$ -$ -$ (24,000)$ Net change in fund balances -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ -$ -$ -$ (110,000)$ Infrastructure Maint Penalty & Interest - - - - - Tree Recompense - - - - - Landfill Host Fees 45,000 - - - (45,000) Interest Revenue - 32 32 32 32 Total revenues 155,000$ 32$ 32$ 32$ (154,968)$ EXPENDITURES Capital Outlay General Admin 13,762$ -$ -$ -$ 13,762$ Finance 61,665 - - - 61,665 Information Services 68,327 - - - 68,327 General Govt Bldg 92,000 - - - 92,000 Police 224,974 750 750 750 224,224 Fire 1,238,489 - - - 1,238,489 Public Works 9,129,630 1,313,759 1,313,759 2,946,139 6,183,490 Parks & Recreation (Active)3,517,703 13,800 13,800 127,258 3,390,445 Passive Parks/Greenspace 1,680,222 - - - 1,680,222 Community Development 739,152 - - 177,385 561,768 Total Capital Outlay 16,765,923$ 1,328,309$ 1,328,309$ 3,251,532$ 13,514,391$ Excess of revenues over expenditures (16,610,923)$ (1,328,277)$ (1,328,277)$ (3,251,500)$ (13,669,359)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 410,588$ 410,588$ 410,588$ (4,516,468)$ Contingencies (148,021) - - - 148,021 Total other financing sources and uses 4,779,035$ 410,588$ 410,588$ 410,588$ (4,368,447)$ Net change in fund balances (11,831,888)$ (917,689)$ (2,840,912)$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,531,461$ 136,961$ 136,961$ 136,961$ (1,394,500)$ Real Property Tax-Prior Year 500 42 42 42 (458) Public Utility Tax-Current Year 11,808 - - - (11,808) Personal Property Tax-Current Year 23,268 302 302 302 (22,966) Personal Property Tax-Prior Year - (13) (13) (13) (13) Motor Vehicle Tax 4,200 - - - (4,200) Penalties & Interest - Real Property 1,500 43 43 43 (1,457) Penalties & Interest - Personal Property - 0 - - - Interest Revenue (Regions)9,000 - - - (9,000) Interest Revenue (SunTrust)- - - - - Total revenues 1,581,737$ 137,335$ 137,335$ 137,335$ (1,444,402)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 4,988,393$ 2,115$ 2,115$ 49,598$ 4,938,795$ Fiscal Agent's Fees 1,306 - - - 1,306 Bond Principal 895,000 - - - 895,000 Bond Interest 816,125 408,063 408,063 408,063 408,063 Total Capital Outlay 6,700,825$ 410,178$ 410,178$ 457,661$ 6,290,647$ Excess of revenues over expenditures (5,119,088)$ (272,842)$ (272,843)$ (320,326)$ 4,846,245$ Net change in fund balances (5,119,088)$ (272,843)$ (320,326)$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ -$ -$ -$ (6,000,000) Interest Revenues - 22 22 22 22 Realized Gain or Loss (GA Fund 1)72,000 1,249 1,249 1,249 (70,751) Total revenues 6,072,000$ 1,271$ 1,271$ 1,271$ (6,070,729)$ EXPENDITURES Capital Outlay Public Works 23,000,923$ 184,726$ 184,726$ 4,678,876$ 18,322,047 Total Capital Outlay 23,000,923$ 184,726$ 184,726$ 4,678,876$ 18,322,047$ Excess of revenues over expenditures (16,928,923)$ (183,455)$ (183,455)$ (4,677,605)$ 12,251,318$ Net change in fund balances (16,928,923)$ (183,455)$ (4,677,605)$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistance to Firefighters Grant 81,573$ -$ -$ -$ (81,573)$ Recreation Trail Program 192,228 - - - (192,228) Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 440,000 - - - (440,000) Smart Communities 44,078 - - - (44,078) Trail Connection to Big Creek Greenway 392,800 - - - (392,800) Interest Revenues - 7 7 7 7 Total revenues 1,350,679$ 7$ 7$ 7$ (1,350,672)$ EXPENDITURES Fire 90,637$ -$ -$ 90,637$ -$ Public Works 1,652,296 557,296 557,296 568,296 1,084,000 Parks & Recreation 586,188 - - 49,645 536,544 Community Development 18,077 - - - 18,077 Total Capital Outlay 2,347,198$ 557,296$ 557,296$ 708,578$ 1,638,621$ Excess of revenues over expenditures (996,519)$ (557,289)$ (557,289)$ (708,571)$ 287,948$ Net change in fund balances (996,519)$ (557,289)$ (708,571)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 1,582$ 1,582$ 1,582$ (28,418)$ Law Enforcement Fund 13,000 664 664 664 (12,336) Fire Fund 72,500 3,805 3,805 3,805 (68,695) Road Fund 110,000 4,749 4,749 4,749 (105,251) Park Fund 650,000 43,506 43,506 43,506 (606,494) Interest Revenues/Admin Fund - 0 0 0 0 Interest Revenues/Law Enforcement Fund - 0 0 0 0 Interest Revenues/Fire Fund - 1 1 1 1 Interest Revenues/Road Fund - 1 1 1 1 Interest Revenues/Park Fund - 13 13 13 13 Total revenues 875,500$ 54,321$ 54,321$ 54,321$ (821,179)$ EXPENDITURES General Government Buildings 13,000$ -$ -$ -$ 13,000$ Fire 381,632 - - - 381,632 Public Works 110,000 - - - 110,000 Parks & Recreation (Active)2,420,255 - - - 2,420,255 Community Development 76,878 - - 35,998 40,880 Total Capital Outlay 3,001,766$ -$ -$ 35,998$ 2,965,768$ Excess of revenues over expenditures (2,126,266)$ 54,321$ 54,321$ 18,323$ 2,144,588$ Net change in fund balances (2,126,266)$ 54,321$ 18,323$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ -$ -$ -$ -$ Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 69,129$ -$ -$ 69,129$ -$ Fire 3,784,715 - - 280,498 3,504,216 Fiscal Agent's Fees 1,807 - - - 1,807 Bond Principal 770,000 - - - 770,000 Bond Interest 878,219 - - - 878,219 Total Capital Outlay 5,503,869$ -$ -$ 349,627$ 5,154,242$ Excess of revenues over expenditures (5,503,869)$ -$ -$ (349,627)$ 5,154,242$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ -$ -$ (1,650,026)$ Total other financing sources and uses 1,650,026$ 137,502$ -$ -$ (1,650,026)$ Net change in fund balances (3,853,843)$ -$ (349,627)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended October 31, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,391,122 14%0.16% GA Fund 1 17,131,926 46%0.10% GA Fund 1 (TSPLOST)14,860,914 40%0.10% Grand Total Investment Portfolio 37,383,962 100% Current Month YTD Current Month YTD Interest earned 2,054 2,054 1,249 1,249 Budgeted interest 7,000 7,000 6,000 6,000 Variance over/(under)(4,946) (4,946) (4,751) (4,751) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending October 31, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Ratification of Authorization for the Georgia Department of Natural Resources to Enforce Trespass and Illegal Hunting Laws on City of Milton-owned Property MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X December 7, 2020 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on November 21st, 2020, for the December 7th, 2020 Regular City Council Meeting Agenda Item: Approval of Ratification of Authorization for the Georgia Department of Natural Resources to Enforce Trespass and Illegal Hunting Laws on City of Milton-owned Property _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: An agreement between the City of Milton and The Georgia Department of Natural Resources, authorizing personnel of the Georgia Department of Natural Resources to enforce trespass and illegal hunting laws on city-owned property. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Ken Jarrard, Jarrard and Davis (November 21,2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Affidavit MARK WILLIAMS THOMAS BARNARD COMMISSIONER COLONEL COUNTY OF ___________________ STATE OF GEORGIA 1. I, , being duly sworn on oath, depose and say: That I am the owner/lessee of the land in _______________________County, Georgia described in the attached deed/plat/survey, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference. 2. That I have granted permission to or am willing to allow the people named in Exhibit “B” attached hereto and incorporated herein by reference to; ❑ Hunt ❑ Fish ❑ Trap ❑ Take Shellfish ❑ Take Artifacts ❑ Hunt Deer Over Bait (Landowner Only) on any part of said land. 3. Any person not named on Exhibit “B” does not have my permission to hunt/trap/fish/take shellfish/ take artifacts or hunt deer over bait from said land. I will consider any person not listed who is found engaged in such activity (ies) on said land to be a trespasser and hereby request any officer on the Department of Natural Resources having arrest power, to charge such person with a violation of GA. Code: 27-3-1/27-4-2/27-3-63, as applicable. ______________________________________ Sworn to and subscribed before me this Day of , 20 . Notary Public ______________________________________ Affiant ______________________________________ Street Address/P. O. Box ______________________________________ City, State, Zip ______________________________________ Phone Number Affiant: __________________________________________ Street Address: _________________________________________________ Property Description (ie Road/Club Name/Parcel Number): _________________________________________________ E-Mail Address: _________________________________________________ Phone Number: ______________________________________ ____________________________________ EXHIBIT “B” NAME ADDRESS CITY & ZIP 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ 3. ___________________________________________________________________________________ 4. ___________________________________________________________________________________ 5. ___________________________________________________________________________________ 6. ___________________________________________________________________________________ 7. ___________________________________________________________________________________ 8. ___________________________________________________________________________________ 9. __________________________________________________________________________________ 10. __________________________________________________________________________________ 11. __________________________________________________________________________________ 12. __________________________________________________________________________________ 13. __________________________________________________________________________________ 14. __________________________________________________________________________________ 15. __________________________________________________________________________________ *Be sure to list the names of all persons, including family members that have permission to hunt or fish on the property. Those persons with written permission on their person signed by the “Affiant” do not have to be listed above. Members of hunting clubs with membership cards will be considered to have permission when hunting/fishing/trapping on club property and do not have to be listed above. Please print or type only. Instructions for Landowner Affidavit: 1. Complete form. 2. Have the form signed by a notary public. 3. Include a hand drawn map, surveyor’s map, or aerial photograph showing the landlines of the property. (Single 8.5 x 11 from tax office is preferred.) 4. Include a list of names of persons that have permission to hunt or fish on the property. If membership cards are issued, submit a copy of the card, which is carried by the individual. 5 Return the completed form, map and list of names to the following address: Department of Natural Resources Law Enforcement Division 781 Red Top Mountain Road, SE Acworth, Georgia 30102 Office (770) 529-2424 0 HAMBY RD Chenery DriveWatsons B e n d SummitViewLane Thomas Creek C o u r t BlairCourtStoneOrchardCourtKent Court Alpha Woods DriveLittleStoneWayGrassviewDriveKentCourtHamby Rd 0 400 800200 US Feet 1785 DINSMORE RD 0 DINSMORE RD 0 HIGHGROVE CLUB DR 14620 FREEMANVILLE RD 1785 DINSMORE RD 0 DINSMORE RD Five OaksF a rm White Columns Drive RollingLinks Driv e LouisRoad NorthValleyCreekLaneDinsmore Road NorthChristophersRunScarlet Oa k Tr ail Highgrove RoadTreyburnManorViewQuarterpathLane Highgrove Club DriveFieldstone TrailEastBluffRoadDinsmore Rd 0 500 1,000250 US Feet 13555 BETHANY RD 0 BETHANY RD 13522 PROVIDENCE RD Brittle RoadH a v e n T e r r a c e Sulk y W a y Haven R e s e r v e Bethany Rd 0 400 800200 US Feet 13440 PROVIDENCE RD Oa k Hol low Cour tCooperSandyPointe Oakhurst Leaf DriveShadecrest Court ProvidenceFarmsLane Hickory Oaks CourtEvergr a c e D r i v e AntlerRidgeBrookshade ParkwayCarisCourtNorthBrookshadeParkwayCooperSandyCoveProvidenceParkDrive Providence Rd 0 400 800200 US Feet 0 BULL PEN RD 16050 OLD BULL PEN RD 0 HICKORY FLAT RD 690 HICKORY FLAT RD 0 NEW BULL PEN RD 0 NEW BULL PEN RD # REAR0 OLD BULL PEN RD 0 BIRMINGHAM ROSWELL D arbyR oadSegwick Drive HickoryMillLaneHunter Way Madison Hall LaneChestnut Place HickoryMill Court OldBullPenRoadCedar Ridge Drive 0 500 1,000250 US FeetOld Bull Pen Rd CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Sweeping Corporation of America, Inc. for Sweeping of the Major Roads, Medians, Curbs and Gutters called out in the Bid Document MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X X Page 1 of 1 To: Honorable Mayor and City Council Members From: Robert W. Drewry, Public Works Director Date: Submitted on November 18, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Sweeping Corporation of America, Inc. for Sweeping of the Major Roads, Medians, Curbs and Gutters called out in the Bid Document _____________________________________________________________________________________ Project Description: The Contractor will be providing street sweeping services for the City of Milton following the specifications and guidelines called out in the ITB. The roads include arterial roads, collector roads, State Roads and medians located on those routes. This also includes all materials, labor, and equipment to complete this work. Staff is recommending awarding the contract to Sweeping Corporation of America, Inc. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-4101-523850007 Requisition Total: $15,000.00 Other quotes or bids submitted (vendor/$): No Other Bids Received Financial Review: Bernadette Harvill, November 18, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – November 18, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Services Agreement 1 SERVICES AGREEMENT Citywide Street Sweeping This Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, GA 30004 hereinafter referred to as the “City”), and Sweeping Corporation of America, Inc. a Tennessee corporation, having its principal place of business in Georgia at 6150 Nichols Drive, Mableton, GA 30126 (herein after referred to as the “Consultant”), collectively referred to herein as the “Parties.” WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit “A” – Scope of Work (Includes ITB and Consultant’s Response) Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: provide Citywide Street Sweeping services of the roadways, medians, and curb and gutter as stated in the specifications as provided in Exhibit “A” (the “Project”). The Work to be completed under this Agreement (the “Work”) includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit “A”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “A”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination; Schedule. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. The term of this Agreement (“Term”) shall commence as of the Effective Date and shall terminate on September 30, 2021 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant’s breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. The Work shall consist of one sweep in the Fall of 2020 (projected to be November) and one sweep in the Spring of 2021 (projected to be April), and one sweep in the Summer of 2021. Each sweep shall commence within 10 days of a notice to proceed from the City. 2 Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $15,000.00 (the “Maximum Contract Price”). This would cover three city wide sweeps totaling $12,041.10 (based on the mileage shown in Exhibit “A”) with the remaining $2,958.90 to be available in the event the City requires emergency call outs. The compensation for Work performed shall be based upon a per curb mile price of $85.00 per curb mile. City agrees to pay Consultant for the Work performed upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City’s Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant’s Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards. C. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. ______________________ [INSERT NAME] shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Mike Siragusa and/or Jordan Hart 3 Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H.1 Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts required by Exhibit “A”, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials, employees or agents are named as additional insureds. H.2 Bonds. Notwithstanding the City’s procurement documents, no performance or payment bonds will be required. I. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy 4 to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee-number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant (“Materials”) shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict- X 5 of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. 6 IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Sudie AM GordonSam VanVolkenburgh, November 18, 2020 EXHIBIT “A” ITB 21-PW02 1 | Page CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 21-PW02 Project Name: Citywide Street Sweeping Due Date and Time: November 2, 2020 Local Time: 2:00 p.m. Number of Pages: 102 ISSUING DEPARTMENT INFORMATION Issue Date: October 1, 2020 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: Bid Number: ITB 21-PW02 Name of Company or Firm Special Instructions: Deadline for Written Questions October 21, 2020 at 5:00 p.m. Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 21-PW02 2 | Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Schedule Forms (3 pages) 30 General Conditions 31 EPD Air Quality Rules 37 Sample Contract Agreement 38 ITB 21-PW02 3 | Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 21-PW02 4 | Page Invitation to Bid 21-PW02 The City of Milton is accepting sealed bids from qualified firms for the Citywide Street Sweeping for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on November 2, 2020. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . At approximately 2:30 P.M. Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is October 21, 2020 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the same web locations as the ITB on or about October 23, 2020. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (21-PW02) and bid name (Citywide Street Sweeping) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is to be determined prior to the issuance of the “Notice to Proceed.” If weather ITB 21-PW02 5 | Page (beyond normal) affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. ITB 21-PW02 6 | Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date October 1, 2020 Deadline for Receipt of Written Questions 5 PM on October 21, 2020 Posting of Written Answers by City to Websites on or about October 23, 2020 ITB DUE No Later than 2:00 P.M. on November 2, 2020 Tentative Contract Award (on/about) November 16, 2020 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 21-PW02 7 | Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Schedule Forms (3 pages) 29-31 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price “purchasing contract” with one firm to be the primary supplier of the Citywide Street Sweeping, ITB 21- PW02. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 21-PW02 8 | Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in ITB 21-PW02 9 | Page connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. ITB 21-PW02 10 | Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to ITB 21-PW02 11 | Page require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. ITB 21-PW02 12 | Page Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 21-PW02 13 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number: ITB 21-PW02 Citywide Street Sweeping The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. ITB 21-PW02 14 | Page If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ ITB 21-PW02 15 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by ITB 21-PW02 16 | Page the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon ITB 21-PW02 17 | Page receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW02 18 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) ITB 21-PW02 19 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ ITB 21-PW02 20 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Citywide Street Sweeping Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ ITB 21-PW02 21 | Page DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ ITB 21-PW02 22 | Page SCOPE The City of Milton is seeking bids for street sweeping and debris removal services throughout designated areas within the City of Milton. This will be done a minimum of two times a year with a total mileage per sweeping of approximately 47.22 curb miles of roads/streets within the City. All Bids for these services will be submitted as a Cost-Per-Curb-Mile Unit Cost. Proposals will also include a Cost-Per-Curb-Mile for any additional and or emergency sweeping and debris removal services which the City may designate. Prospective bidders are encouraged to visit the streets to help in determining the scope of work, site conditions, workspace, equipment access, etc. PROJECT MAP Link to downloadable map https://www.cityofmiltonga.us/Home/ShowDocument?id=3232 ITB 21-PW02 23 | Page Street Name Curb Miles Arnold Mill Rd (SR140) 0.88 Batesville Rd 0.02 Bethany Bend 2.26 Bethany Way 0.13 Bethany Rd 0.05 Birmingham Hwy (SR372) 5.02 Birmingham Rd 0.74 Broadwell Rd 0.62 Charlotte Dr 0.24 Cogburn Rd 1.67 Cox Rd 0.22 Cumming Hwy (SR9) 4.0 Deerfield Pkwy 7.94 Dinsmore Rd 0.64 Francis Rd 1.31 Freemanville Rd 2.83 Green Rd 0.56 Hamby Rd 0.25 Henderson Rd 0.23 Heritage Walk 2.26 Hickory Flat Rd 0.25 Hopewell Rd 3.11 Mayfield Rd 0.57 McGinnis Ferry Rd 0.26 Mid-Broadwell Rd 0.03 Morris Rd 4.56 New Providence Rd 1.03 Providence Rd 1.34 Redd Rd 0.59 Taylor Rd 0.25 Thompson Rd 0.97 Webb Rd 2.01 Total Miles: 46.84 ITB 21-PW02 24 | Page PROJECT SPECIFICATIONS 1. Contractor shall furnish all labor, manpower, supervision, mobilization, materials, vehicles, equipment, insurance, management, transportation, supplies, debris disposal, water, and any other related costs necessary to complete the services of this contract. 2. The equipment anticipated for use under this Contract, includes, but is not limited to: • 3-wheel or 4-wheel mechanical street sweepers, which shall be equipped with two (2) side gutter brooms and rear pickup broom • An air vacuum type machine with a hopper size greater than 3½ CY may be acceptable for use on this contract. The City reserves the right to request a demonstration of any questionable equipment to determine effectiveness in sweeping operations. • Backup sweepers • Truck mounted arrow boards 3. Equipment utilized for this contract shall have GPS installed to record all conducted work. 4. A dumpster will be provided at the Public Works Yard for the Contractor’s trucks to unload the debris. The City will be responsible for paying the tipping fees and the removal and placement of the dumpster. The City will work with the Contractor to determine the correct size of dumpster needed. The Contractor is strictly prohibited from using this dumpster for any other dumping or disposal needs outside the scope this this contract. 5. Contractor shall be responsible to make any necessary arrangements with Fulton County or other source for water requirements for the sweeping operation. Any cost for water shall be factored into the bid unit price per sweep mile of sweeping. 6. The Contractor shall ensure extreme care is used to safeguard sidewalks, curbs, road surfaces and motor vehicles on or around all job sites. Damage to public or private property shall be the responsibility of the Contractor and shall be replaced and/or repaired at the expense of the Contractor. Any damages must be reported immediately. 7. Bidders shall submit with the bid a qualification sheet listing project(s) that meet the experience requirement along with references. List should include ITB 21-PW02 25 | Page project date, location, description, and contact information. 8. Where contract documents reference "The Department" or "GA Department of Transportation" or “The Engineer”, it shall also mean "City of Milton." 9. All traffic control measures are the responsibility of the Contractor. Contractor shall coordinate all work with the City of Milton. GENERAL REQUIREMENTS Sweeping services consists of removing sand, soil, vegetation and all other debris from designated roadways, intersections, roundabouts, and bridges. Sweeping shall always be performed in the same direction as the traffic flow. Intersection areas with curbed areas may require additional passes outside of the normal sweep to thoroughly remove debris from islands and medians. Upon immediate completion of sweeping, the roadway shall be clean and free of accumulated debris, regardless of the number of sweeping passes required. Obstacles in the sweeping area, such as parked vehicles, trash containers, basketball goals, etc., are to be swept around. The area of that obstacle will not cause a reduction to the sweep miles. Contractor shall notify the City Representative of obstacles that are a recurring problem. The Contractor will operate at or below suggested manufacturer’s sweeping speed in order to remove all litter, leaves, sand, dirt, rocks, and other debris, from the entire surface being swept, in accordance with local conditions, which shall dictate the travel speed necessary to obtain the results desired by the City. The Contractor shall sweep a minimum of 7 feet inclusive from curb face or pavement edge, toward the road center line. The Contractor shall conduct all services or operations as to cause the least possible obstruction and inconvenience to public traffic. Note: Street sweeping equipment used in the performance of this contract shall be equipped with left- and right-wing sweeping capability, in order to sweep streets in the same direction of travel as the normal traffic flow. The Contractor shall remove all litter, leaves, sand, dirt, rocks and other debris from streets as outlined in the minimum specifications as part of the normally scheduled sweeping route, including material deposited as a result of inclement weather and wind, without additional compensation. ITB 21-PW02 26 | Page PERSONNEL The Contractor shall demonstrate that they directly employ sufficiently licensed personnel to perform the services of this contract. Personnel should include, but are not limited to; operators, foremen, supervisors, emergency contacts including a designed Representative authorized to act on behalf of Contractor. Contractor shall provide a local Representative who can always be contacted by the City. This person shall report daily schedules and areas swept the previous workday to the City’s Representative. The Contractor’s local Representative shall report any equipment leaks or spills to the City immediately. The Contractor shall be responsible for all cleanup activities immediately and shall be responsible for proper spill reporting as outlined in federal, state, and local requirements. Contactor’s local Representative shall also report damage to any public or private property immediately. The Contractor is responsible for repair or replacement to damaged public or private property. The Contractor shall provide a twenty-four (24) hour emergency contact person(s) capable of responding to City emergency responses. Emergency calls may occur at any time and may require the Contractor to divert from the regular schedule. Emergency calls will come from the City’s Representative and will involve urgent scenarios where the removal of debris from man-made causes or storms is critical. Contractor is required to respond and report to the designated site of the emergency within two (2) hours notification. SCHEDULE Schedules may be adjusted as necessary to accommodate problem areas or other City requests. Both parties shall agree to the change and coordinate in the schedule. No work will be performed on Saturdays, Sundays or holidays, unless authorized in writing or electronically by the City’s Representative. INSPECTION AND WORK ACCEPTANCE City Representatives will perform inspections to verify work has been satisfactorily completed based on the routine sweeping report provided. Deficiencies will be provided to the Contractor via email record for correction. Contractor shall correct deficiencies by re-sweeping the deficient area within forty- eight (48) hours of notice. Notification of completion should be sent to City’s Representative for re- inspection. Re-Inspection: If continual or chronic re-inspections are required in excess of two (2) occurrences per month due to deficiencies, the City will conduct ITB 21-PW02 27 | Page a progress meeting to discuss the deficiency and corrective action, and Contractor will be put on notice that continued deficiencies will be cause for Contractor to be in default of contract. PROSECUTION AND PROGRESS Sweeping shall begin no later than TEN (10) calendar days past the issuance of Notice to Proceed. If weather (beyond normal) affects the required completion schedule, the City and selected contractor will negotiate a new completion date. Normal workday for this project shall be 7:30 am to 7:30 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on Sunday or national holidays (i.e. Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Day, and New Year’s etc.), unless otherwise approved by the City. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The Contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. EQUIPMENT The Contractor shall demonstrate to the City that they possess sufficient supply of street sweepers and other necessary equipment to handle the volume of work in this contract. The Contractor shall provide all information including make, model, year on the equipment as part of this bid package. The Contractor shall display the company name and phone number on equipment. The equipment shall be equipped with dust control, an operating flashing beacon, an arrow board, and back- up alarm. Dust control and proper lighting must be used for all sweeping cycles. The sweeping equipment shall comply with all Federal, State and local noise ordinances. The Contractor’s equipment shall meet all OSHA and State safety requirements pertaining to this service. The Contractor shall keep a sufficient supply of spare brooms and parts to ensure continuous operation. Worn brushes and brooms shall be routinely replaced and adjusted to ensure maximum efficiency. ITB 21-PW02 28 | Page DEBRIS AND DISPOSAL A dumpster will be provided by the City at the Public Works Yard (16050 Old Bullpen Rd, Milton, GA) for the trucks to unload debris. The City will be responsible for paying the tipping fees and the removal and placement of the dumpster. The City will work with the Contractor to determine the correct size of dumpster needed. The Contractor is strictly prohibited from using this dumpster for any other dumping or disposal needs outside the scope this this contract. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. SPILL PREVENTION AND RESPONSE The Contractor shall comply with all applicable Federal, State and local codes and other requirements related to the National Pollutant Discharge Elimination System (NPDES) and dust control. The Contractor shall maintain all equipment to prevent and repair potential leaks of fluids onto roadways. Contractor shall provide the City with a Spill Prevention and Response Protocol at the pre-commencement meeting. The protocol shall include preventative measures, staff training and a list of spill response materials to be carried on the sweeper vehicles. Should a leak or spill occur, the driver shall immediately implement Spill Response Protocols and prevent additional leaks on roadways. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work in accordance with the traffic control plan and so as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will be included in the contract price. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private ITB 21-PW02 29 | Page property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, mail boxes and supports, water meters, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The Contractor shall correct all disturbed areas before retainage will be released. The Contractor shall notify the City representative immediately when any damage has occurred. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the Contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. Do not allow dust control to restrict visibility of passing traffic or to disrupt adjacent property owners. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. ITB 21-PW02 30 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form – Citywide Street Sweeping Bid Price Per Mile: _______________ Total Bid Price Citywide Street Sweeping (47.22 miles): _____________________________________ Print Total Bid Price: _______________________________________ Additional and Emergency Sweeping Price Per Mile: _____________________________________ The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY_________________________________________________________________ ADDRESS__________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME _________________________________________________________ TITLE _______________________________________________________________________ ITB 21-PW02 31 | Page GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON ITB 21-PW02 32 | Page Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 Delete as written and substitute STATE HIGHWAY ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.74 Retain as written and substitute the SUPPLEMENTAL AGREEMENT following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, “The City will not be responsible for AND SITE OF THE WORK Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.” Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS “I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. ITB 21-PW02 33 | Page “J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia.” Section 102.08 PROPOSAL Substitute the following for the first GUARANTY sentence “No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City.” Add Section 102.15 ADDENDA AND INTERPRETATION Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid.” Section 102.09 DELIVERY OF PROPOSALS: Add the following as 102.15: “No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242-2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT ITB 21-PW02 34 | Page Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.” Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the CONTRACT BONDS following: “At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. “ Section 103.07 FAILURE TO Delete in its entirety and substitute the EXECUTE CONTRACT following: “Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate.” SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY “The Contractor shall inspect all easements ITB 21-PW02 35 | Page and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department.” Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the PROPERTY AND SERVICE location of above and below ground Utilities and structures which may be affected by the Work.” SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the Second Paragraph under ‘A. General” As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the Following: “Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs ITB 21-PW02 36 | Page incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” ITB 21-PW02 37 | Page ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 1 | Page ITB2 1 -PW0 2 -Addendum #1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | Page ITB2 1 -PW0 2 -Addendum #1 ADDENDUM #1 ITB 21-PW02 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: 1. Is this an all or nothing bid? Yes 2. Who currently has this contract & at what rate? The City does not currently have a street sweeping program. 3. Will debris deeper than ½ curb height or construction/storm or spill cleanup billed at an hourly rate + disposal? Hourly rate only. Disposal will be at the city provided dumpster at the Public Works yard. 4. What will the minimum number of hours per billed per emergency call-out? 3 hours. 5. Are there any climatic conditions we are not allowed to sweep in? Allowed to sweep in light/moderate rain? Street sweeping during a weather event will be handled on a case by case basis with contractor and the City. 6. Is the contractor required to remove dead animals? No. 7. What is the Initial contract term? One year. 8. Are there any renewals and what is their length? No. 9. Is there any annual price adjustment? No. 10. Who pays for disposal costs at a state approved landfill? On ITB PG #27 line #1 says the contractor pays and line#4 says the city pays. The City pays disposal costs. 11. Who pays water costs for dust suppression? On ITB PG #27 line #1 says the contractor pays and line#5 says the city pays. Contractor pays for water. 12. Will a list of street names be posted by name, that will require sweeping in the Milton bid job description, prior to the closing date? The complete list can be found on page 23 of the bid. It doesn’t show the .34 miles of bridge decks. 13. Can you supply the names of the approximately 47.22 curb miles of roads/streets within the City that are to be swept? See question 12. 14. The RFP states that sweeping will occur a minimum of two times per year. Is there a probability that there will be increases frequency and if so, how much and what months would this occur. The contractor will be sweeping Spring and Fall if budget allows then we would add a Summer sweep. 15. What are the months/dates that the sweeping will be required? April and November would be the minimum two times and the additional if budget allowed would fall in July. 16. What is the contract length? See Question #7 17. Will this contract be awarded to a single bidder or could it be awarded to multiple bidders as the city deems in its best interest? We will award to the lowest qualified bidder. EXHIBIT “B” 5 P% Sweeping Corp of America October 23, 2020 Purchasing Office City of Milton Milton, GA. 30004 Regarding ITB 21-PW02, Citywide Street Sweeping Ladies and Gentleman, In March of 1988 Sweeping Corporation of America, Inc. (SCA) was founded in Nashville, TN. SCA is now the largest contract sweeping company in the USA with more than 40 operational facilities in 17 states. As a companion service, SCA also provides a full range of Jet -Vac services which include storm drain cleaning and pipe line video. With over 900 pieces of equipment and over 850 highly skilled associates, we stand ready to execute your project as directed regardless of its size or complexity. In addition to these services, SCA has been providing contract right- of - way litter removal services to a multitude of Department on Transportations, cities, counties, and special event venues since 2000. We provide application specific sweeping services by utilizing state-of-the-art regenerative air and mechanical broom sweepers. Each of our sweepers are equipped with the proper safety and traffic control lighting required by state and federal for highway operation. SCA operates a drug free workplace. All SCA drivers must pass a pre -hire drug and alcohol screen and are also subject to random testing. SCA tests for cause on all accidents. All SCA drivers possess either a Class A or Class B CDL driver's license, have undergone extensive job specific training and attend weekly safety meetings. Please find an equipment list available for this contract and local references attached for your review. SCA either meets or exceeds all bid requirements and therefore does not take exception to any. Sincerely, Jeff Treat Regional Bid Manager Sweeping Corporation of America, Inc. cc: Edwin Padmore, General Manager 4141 Rockside Road, Suite 100 216.777.2750 Cleveiand, Ohio 44131 Sweepingcorp.com A Sweeping Corp of America ATLANTA, GA. References City of Morrow, GA. 6311 C Murphy Drive Morrow, GA 30260 Glenn Hill, Public Works Supervisor (678)794-8505 ghill@cityofmorrow.com 57 miles swept 6 times per year City of Smyrna, GA. 2000 King Street Smyrna, GA 30080 Scott Stokes, Public Works Director (678) 631-5432 61.01 miles swept monthly City of Union City 5047 Union Street Union City, GA. 30241 Cedric Clark, Contract Supervisor (770) 964-2288 44.4 miles swept 6 times per year City of Dunwoody Dunwoody, GA. Carl Thomas (678) 382-6864 Carl.Thomas(&durwoodyga.gov 79 miles swept 4 times per year GDOT District 7 Atlanta, GA. Jason Moore, Contract Supervisor (770)359-9576 lasmoore@dot-ga.gov 2000. + miles swept monthly 4141 Rockside Road, Suite 100 216.777.2750 Cleveland, Ohio 44131 Sweepingcorp.com SCS. Sweeping Corp of America Atlanta, GA. Equipment List Type Mechanical Type Year Chassis Mfg. Model Broom Sweeper Street Sweeper 2014 Freightliner M2 106 Elgin Eagle Street Sweeper 2015 Freightliner Unknown Elgin Eagle Street Sweeper 2016 Freightliner M2 Elgin Eagle Street Sweeper 2019 Freightliner M2 Schwarze Avalanche Street Sweeper 2019 Freightliner M2 Schwarze Avalanche Street Sweeper 2019 Freightliner M2 Schwarze Avalanche Street Sweeper 2020 Freightliner M2 106 Schwarze Avalanche Street Sweeper 2020 Freightliner M2 106 Schwarze Avalanche Street Sweeper 2020 Freightliner M2 106 Schwarze Avalanche 4141 Rockside Road, Suite 100 216.777.2750 Cleveland, Ohio 44131 Sweepingcorp.com Bid Number: ESTABLISIIED 2006 Project Name: CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) 21-PW02 Citywide Street Sweeping Due Date and Time: November 2, 2020 Local Time: 2:00 p.m. ISSUING DEPARTMENT INFORMATION Issue Date: October 1, 2020 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchas ing Group. BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: FA &1277:lt. .J)I/C .5.'Wl5cF':t:N6-(pl? ftJ�AUVAI () 't11 I 6/60 ;VrC/-l()t.S DA.IV£ /11 IM t..E:nPN; h( .301 .2., Bidder Phone Number: ;)._() 5-;)..�8-J.. 781 Bidder Federal I.D. Number: &; 'J. - / 3 '/ rg99 3 Number of Pages: 102 Phone:678-242-2500 Fax:678-242-2499 Webs ite: www.cltyofmiltonga.us Mark Face of Envelope/Package: Bid Number: 1TB 21-PW02 Name of Company or Firm Special Instructions: Deadline for Written Questions October 21, 2020 at 5:00 p.m. Submit questions onllne via the BldNet Direct procurement portal at www.cityofmiltonga.us Authorized Bidder Signatory: IPlease orint name and sicin in ink) Bidder FAX Number: d\\lo-;),,{gO-J.?,�q Bidder E-mail Address: MS 'tlZA.G-us A Q.. Swt1ct>ING--CORP, C..OIYI BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 1TB 21-PW02 1 I Page MILTONIt ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number: ITB 21-PW02 Citywide Street Sweeping The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. ITB 21-PW02 13 1 Page If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of 60% of Mojor RT -b Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determ;ne that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Sid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed —/.Q-3v--XO �k /0-30-;Xo,�L0 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 307W day of &7-06M , 2010 SWt_--E'PjNc, CORFbR,,1M Bidder OF RmER-Z-A , Dy (Seal) Company Name Bidder Mailing Address: (a j�5o Nrc t-101- s n2zy6- wl ML-C7v/J, �, fl 301d,4 Signature: Print NamE Title: 1j:C E PRESi1D61\- rl ITB 21-P W02 14 1 Page MILTON*k ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 21-PW02 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678.242-2499 Email: honor.motesOcifyofmiltonsra.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. CONTACT PERSON: U P ADDRESS: (o15Q OrtJVZiLS hP'NE CITY: I't1QtRLE124 STATE: G- IA ZIP: _3012, Co PHONE: X05- )9S-1� FAX: 2Qta-160-- a•335 EMAIL ADDRESS: MSTRAGJs A 0- CORP. IoM FIN 11] 11 me 111116: ITB21-PW02-Addendum #1 ADDENDUM #1 ITS 21-PW02 Questions and Answers This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: I . Is this an all or nothing bid? Yes 2. Who currently has this contract & at what rate? The City does not currently have a street sweeping program. 3. Will debris deeper than 1/2 curb height or construction/storm or spill cleanup billed at on hourly rate + disposal? Hourly rate only. Disposal will be at the city provided dumpster at the Public Works yard. 4. What will the minimum number of hours per billed per emergency call -out? 3 hours. 5. Are there any climatic conditions we are not allowed to sweep in? Allowed to sweep in light/moderate rain? Street sweeping during a weather event will be handled on a case by case basis with contractor and the City. 6. Is the contractor required to remove dead animals? No. 7. What is the Initial contract term? One year. 8. Are there any renewals and what is their length? No. 9. Is there any annual price adjustment? No. 10. Who pays for disposal costs at a state approved landfill? On ITB PG #27 line # 1 says the contractor pays and line#4 says the city pays. The City pays disposal costs. 11. Who pays water costs for dust suppression? On ITB PG #27 line #1 says the contractor pays and line#5 says the city pays. Contractor pays for water. 12. Will a list of street names be posted by name, that will require sweeping in the Milton bid job description, prior to the closing date? The complete list can be found on page 23 of the bid. It doesn't show the .34 miles of bridge decks. 13. Can you supply the names of the approximately 47.22 curb miles of roads/streets within the City that are to be swept? See question 12. 14. The RFP states that sweeping will occur a minimum of two times per year. Is there a probability that there will be increases frequency and if so, how much and what months would this occur. The contractor will be sweeping Spring and Fall if budget allows then we would add a Summer sweep. 15. What are the months/dates that the sweeping will be required? April and November would be the minimum two times and the additional if budget allowed would fall in July. 16. What is the contract length? See Question #7 17. Will this contract be awarded to a single bidder or could it be awarded to multiple bidders as the city deems in its best nterest? We will award to the lowest qualified bidder. 2 Page ITB21-PW02-Addendum #1 A'DOSANM :ti Z' Questions & Answers - 1 Project ITB 21-PW02 - Citywide Street Sweeping Buying Organization The City of Milton No QuestlonlAnswer Question Date 01 Question: Streets to be swept 10/15/2020 Can you supply the names of the approximately 47.22 Curb miles of roadslstreets within the City that are to be swept. Answer: See Addendum #1 - answers to questions Q2 Question: street sweeping 101161=0 Will a list of street names be posted by name, that wig require sweeping in the Miton bid job description, prior to the dosing date? Answer. See Addendum #1 - answers to questions 04 Question: answered question 1012012020 Will this contract be awarded to a single bidder or could A be awarded to multiple bidders as the city deems in its best interest? Answer: See Addendum #1 - answers to questions MILTON IP ESTABLISHED 2006 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): 5w2gging Co ration f America 6150 Nichols DEivc. Mableton,01 SURETY (Name and Address of Principal Place of Business): XL Specialty Insurance Company 505 Ea leview Blvd. Exton, PA 19341 OWNER (hereinafter referred to as the "City" (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: November 2, 2020 PROJECT (Brief Description Including Location): Citywide Street Sweeping, Bid Number: 21-PW02 BOND BOND NUMBER: NIA DATE (Not later that Bid due date): November 2, 2020 PENAL SUM: Five Percent of Amount Bid 5% (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY ,�{'?•��` Sweeping Corporation of America (Seal) XL Specialty Insurance Company' �+ Biddetr'� Na Corporate Seal Surety's Name and Corporate S � ►' L• `' By: Y f By: Signature a Title: I Signa a and Title: James I. Moore, Attorney -in -Fact (Attach Power of Attorney) Attest:SgLE:5 Attest:vLvv�- ALa466 Signature and Titie: Signature and Title: Sinew Nava, Secretary Note: (1) Above addresses are to be used for giving any notice required by ITB 21-PW02 15 the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2_ Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. b. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon ITB 21-PW02 16 receipt by the party concerned. 9. Surely shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surely to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. ITB 21-PW02 17 1 Power of Attomey xl Speciality Insurance Company XL Relnsurance America knc. BOND NUMBER: BID BOND LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware Insurance companies with offices located at SOS Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York Insurance company with offices located at 70 Seaview Avenue, Stamford, CT 06902, , do hereby nominate, Constitute, and appoint: James I. Moore each Its true and lawful Attorney($) -In -fact to make, execute, attest, seal and deliver for and on Its behalf, as surety, and as Its act and deed, where required, any and all bonds and undertakings In the nature thereof, , for the penal sum of no one of which Is in any event to exceed $100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - In - Fact shall be binding upon each said Company as fully and to the same extent as If such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. The Power of Attorney Is granted and Is signed by facsimile under and by the authority of the following ResohytlOns adopted by the Board of Directors or each of the Companies an the 26th day of July 201.7. RESOLVED, that Gary Kaplan, Daniel Riordan, Marla Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations In surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby Is authorized to attest the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company, RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Marla Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named In the given power of attorney to execute, on behalf of the Company, bonds and undertakings In surety or cosurety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named In the preceding resolutions and the corporate seal Of the Company may be affixed to such powers of attorney Or to any Certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or Obligation In surety Or CO -Surety with others t0 which It Is attached. IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused Its Corporate seal to be hereunto affixed, and these presents to be signed by Its duly authorized officers this April 13th, 2018. XL SPECIALTY INSURANCE COMPANY Ay.Vtsv .yC by)q7 : Gregory Boal, VICE PRESIDENT STATE OF PENNSYLVANIA � K COUNTY OF CHESTER Attest: Kevin M. MIMCI% ASSISTANT SECRETARY On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he Is Vice President of XL SPECIALTY INSURANCE COMPANY, described In and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid Instrument Is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said Instrument by like order. t: l41vF y U or '~'ySYt;`�� RY Po SB0042 COMMON%VEAL.TH OF PENNSYLVANIA NOTARIAL SEAL Rebecca C. Shalhoub. Notary Public Uwl iNn Twp., Chester County My Commission Expires April 36, 3020 WDER. Y Rebecca C. SIWWA, NOTARY PUBLIC STATE OF PENNSYLVANIA COUNTY OF CHESTER I, Kevin M. hllrsch, Asslstant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney Issued by said Companies, and that I have compared same with the original and that It Is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney Is still In full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this 2nd day of November, 2020 AOf.���' to Kevin M. M;r$Ck ASSISTANT SECRETARY ,SEAL: f IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC, has caused Its corporate seal to be hereunto affixed, and these presents to be signed by Its duly authorfred officers this 13th day of April, WIS. p xL REINSURANCE AMERICA INCA by: Gregor coal, via FREomw �7Y o Attest: Kevin M. Krsch, ASSISTANT SECRETARY STATE OF PENNSYLVANIA COUNTY OF CHESTER On this 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duty swam, did depose and say: that he Is Vice President of XL REINSURANCE AMERICA INC., described In and which executed the above Instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid Instrument Is such corporate seal and was affixed thereto by order and authority of the Board of Directors of oJ'�NIYF'�f�°a: :V OF =•�+ ••0*4 q� STATE OF PENNSYLVANIA COUNTY OF CHESTER COMMON%VEALTH OF PENNSYLVANIA NOTARIAL SEAL Rebeeen C. Shalhoub, Notary Public Uwchlart Up., Cheater County My Commisshm Expires April 23, 2020 PENUSYLVANtA ASSCMI K)N OF N Bebe= C. Shalroub, NOTARY PUBLIC 1, Kevin M. Kirsch, Assistant Secretary of XL REINSURANCE AMERICA INC. a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing Is a full, true and correct copy of a Power of Attorney Issued by said Corporation, and that I have compared same with the original and that It Is a correct transcript therefrom and of the whole original and that the said Power of Attorney Is still In full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation, at the City of Exton, this day of �CAll This Power of Attorney may not be used to execute any bond with an Inception date SB0042 K" M. K ymh, ASSISTANT SECRETARY 4/13/2023 12:00:00AM State of Illinois} ) ss. County of DuPage ) On November 2, 2.020, before me, Alexandra Sartori, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James I. Moore known to me to be Attorney -in -Fact of XL Specialty Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREON, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires July 5, 2024 OFFtCWL ALEXANDRA 8AR'T'OFN Noll w PUBLIC.8TNZ OF t UWQ Ocnlmlalan ttee ,ad 6 �Ot4 Alexandra Sartori, Motary Public Commission No. 840142 MILTON "It ESTASLISTIED 1004 (BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the some materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, ap�41drin4apalresoect. t 2 and Sections 45-10-20 et seq. have not been violated and w otb Authorized Signature Print/Type Name Mike Siragusa Date 10/30/2020 Print/Type Company Name Here Sweep!Lig Sweep!Co oration of America Inc. CORPORATE CERTIFICATE 1, John Landefeld , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Mike Sircauso who signed said bid in behalf of the Contractor, was then (title) vice President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Tennessee This 30th day of _October .20 20 101 rr . (Seal) (S' r John Landefeld. CFO ITB 21-PW02 18 1 Page MILTON Ift ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do do not , propose to subcontract some of the work on this project. I propo bcontract work to the following subcontractors: Company Name: Sweeping Corporation of America, Inc. ITB 21-PW02 19 1 Page MILTON "It ESTABLIMID 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-9 1. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 1388815 eVerify Number 3/7/2019 Date of Authorization Sweeping Corporation of America, Inc Name of Contractor Citywide Street Sweel2ing Name of Project City of Mitton. Georgia Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is true and correct. October 2020 Seve I Executed on 10th, in ?ciTy, Ohio (state). Signature of Authorized Officer or Agent Mike S' President Print Name and Tit o thorized Officer or nt SUBSCRIBED A D SWORN BEFORE ME ON THIS THE 30th DAY OF October ,2ft 2020 NOTARY PUBLIC Susan Kubick [NOTARY SEAL] My Commission Expires: 8/21/2021 ITB 21-PW02 20 1 Page rz-Verify- -e!", rill "!i, Company ID Number: 1388815 City Milton, GA ITB 21 -PW02 THE E -VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Sweeping Corp (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E -Verify. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E -Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a_ Notice of E -Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E -Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access. Employers must promptly terminate an employee's E -Verify access if the employer is separated from the company or no longer needs access to E -Verify. Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 eri y =* . Company ID Number: 1388815 4. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E -Verify cases will complete the E -Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E -Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E -Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2746 of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E -Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E -Verify MOU for Employers 1 Revision Date 06/01/13 E-Verifv0 Company ID Number: 1388815 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E -Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E -Verify. 9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E -Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E -Verify process as are necessary according to the E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User Manual does not authorize. 11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 ffl4_ E-Verifv- off Company ID Number: 1388815 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 2748 of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI I could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E -Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyAa dhs.goy. Please use "Privacy Incident -- Password" in the subject line of your email when sending a breach report to E -Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 rz-Verifys?" '0* �,�I� Company ID Number: 1388815 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E -Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E -Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E -Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify, 22. The Employer understands that if it uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E -Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer may not create a second case for the employee through E -Verify. a. An Employer that is not enrolled in E -Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E -Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 rz-Verifv Company ID Number: 1388815 b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a contract award must use E -Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E -Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Verif r / I Y or r Ar Company ID Number: 1388815 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E -Verify User Manual. g. The Employer agrees not to require a second verification using E -Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures_ SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E -Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E -Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E -Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 if s?� aral?l MW Company ID Number: 1388815 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E -Verify. 4. DHS agrees to train Employers on all important changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials_ 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and password that permits them to log in to E -Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E -Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify Page 8 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 - eriy �} Company ID Number: 1388815 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E -Verify. The Employer must record the case verification number, review the employee information submitted to E -Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 E-Verifv- W Company ID Number: 1388815 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E; -Verity fAOU for Emptoyers I Revis on date 05.+D1+13 - erirr.fv T1 � � Company ID Number: 1388815 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E -Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E -Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E -Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E -Verify MOU for Employers I Revision Date 06/01113 rz-Verifv- --1-A k; W Company ID Number: 1388815 Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer_ To be accepted as an E -Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 1-888-464-4218. Page 12 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 �� `0*- E-Vfv- off eris Company ID Number: 1388815 Approved by: Employer Sweeping Corp Name (Please Type or Print) Title Pamela G Bloch Flynn Signature Date Electronically Signed 03/0712019 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 03/07/2019 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 E- Verifv Company ID Number: 1388815 Information Required for the E -Verify Program Information relating to your Company: Sweeping Corp Company Name 510 Interstate Blvd. South Nashville, TN 37210 Company Facility Address 510 Interstate Blvd. South Nashville, TN 37210 Company Alternate Address County or Parish DAVIDSON Employer Identification Number 621348993 North American Industry 561 lassification Systems Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 8 Page 14 of 17 E-Verrfy MOU for Employers I Revision Date 06101/13 E- eri OF} Company ID Number: 1388815 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: ALABAMA 1 site(s) GEORGIA 1 site($) LOUISIANA 1 site(s) MISSISSIPPI 1 site(s) NORTH CAROLINA 1 site(s) TENNESSEE 3 site(s) Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 E-Verify W101.1li- tt L Company ID Number: 1388815 Information relating to the Program Administrator{s} for your Company on policy questions or operational problems: Name Allie Norris Phone Number (216) 260 - 2349 Fax Number (216) 260 - 2360 Email Address anorris@sweepingcorp.com Page 16 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 r.z-Verifv �..� Company ID Number: 1388815 Page intentionally left blank Page 17 of 17 E -Verify MOU for Employers i Revision Date 06/01/13 .HILTON It ESTABL1511ED 10% DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Sweeping Corporation of America, Inc. Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value N/A Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: A ITB 21-PW02 21 1 Page MILTON "I ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form — Citywide Street Sweeping Bid Price Per Mile: $85.00 per curb mile Total Bid Price Citywide Street Sweeping (47.22 miles): $4,0I3.70 Print Total Bid Price: Four thousand, thirteen dollars and 70 cents Additional and Emergency Sweeping Price Per Mile: $225.00 Per Hour with a 3 Hour Minimum See Addendum #1 items 3 & 4. The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY Sweeping Corporation of America. Inc. ADDR AUTHC PRINT / I 1 rc 1,4AIViC . lynkLe airayusa TITLE Vice President ITB 21-PW02 30 1 Page SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11/4/2020 HUB International Midwest Limited 1411 Opus Place,Suite 450 Downers Grove IL 60515 630-468-5600 CSUConstruction@hubinternational.com Hartford Fire Insurance Company 19682 SWEECOR-01 Navigators Specialty Insurance Company 36056SweepingCorporationofAmerica,Inc. 510 Interstate Blvd.South Nashville TN 37210 American Guarantee &Liability Insurance Company 26247 1148377948 A X 1,000,000 X 500,000 X Contractual Liab 10,000 X XCU 1,000,000 2,000,000 X Y Y 83 CLR S67101 6/1/2020 6/1/2021 2,000,000 A 2,000,000 X X X Y Y 83 ABR S67102 6/1/2020 6/1/2021 B C X 5,000,000 X CH20EXCZ0250GIC AEC 1875258-01 6/1/2020 6/1/2020 6/1/2021 6/1/2021 5,000,000 X 0 EACH OCC/AGGR (5x5)5MM/$5MM A X N Y 83 WBR S67100 6/1/2020 6/1/2021 1,000,000 1,000,000 1,000,000 A Leased &Rented Equipment 83 UUM EB9870 6/1/2020 6/1/2021 Limit $100,000 RE:Citywide Street Sweeping; City of Milton,Georgia is included as additional insureds under General Liability &Auto Liability,on a primary and non-contributory basis,when agreed in a written contract,subject to policy terms,conditions and exclusions.Waiver of Subrogation in favor of the additional insured applies under General Liability,Auto Liability &Workers Compensation when agreed in a written contract,subject to policy terms,conditions and exclusions.Umbrella follows form. City of Milton,Georgia 2006 Heritage Walk Milton GA 30004 yy,,11 STATE OF EXHIBIT "C" O �.J COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number C)��0-7 aOj.,D Date of Authorization Sweeping Corporation of America, Inc. Name of Contractor Citywide Street Sweeping Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ti .i f , 20 X in f'1t�[ (city), 0 1-1, (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED A[t SWORN BEFORE ME tN I'HIS THE DAY OF be 1; 2 NOTARY PUBLIC [NOTARY SEAL] My �tpi1 rt Ex %4 TREWBEYEFtLE No�tarylPubli Staftdohlo *I * My Commission Expires "' December 11, 2W2 EXHIBIT “D” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _Sweeping Corporation of America, Inc._ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Citywide Street Sweeping Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, 20__ in _________________ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ N/A CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for Surveying Work at Fire Station 42 at 15240 Thompson Road MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X December 7, 2020 X X Page 1 of 1 To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on November 18, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Engineering 303, LLC for Surveying Work at Fire Station 42 at 15240 Thompson Road _____________________________________________________________________________________ Project Description: This agenda item is for surveying and related consulting services for the construction of Fire Station 42 facility at 15240 Thompson Rd including updating previous survey work to include utilities, septic drain fields, storm structures and other activities related to the reconstruction project. Procurement Summary: Purchasing method used: Professional Services Account Number: 360-3510-541200001 Requisition Total: $ 1,500.00 Vendor DBA: Engineering 303, LLC. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, November 18, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP – November 16, 2020 Attachment(s): Professional Services Agreement HOME OF 'E BEST QUALITY OF UFE IN GEORG3A' M T I LTO-N *t ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT Surveying Services — Fire Station 42 This Professional Services Agreement ("Agreement") is made and entered into this day of , 2020 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Engineering 303, LLC, a Georgia limited liability company, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section ll. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work, Cost Estimate and Rates Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: to perform surveying services as outlined in Exhibit "A" for the construction phase of the City's Fire Station 42 facility. Unless otherwise stated in Exhibit "A" or a written order for consulting services, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. The Work shall be completed within the timeframe specified in Exhibit "A". If Consultant anticipates it cannot perform the work by the completion date, it shall promptly notify Robert Buscemi via phone or email. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date at the hourly rates attached to Exhibit "A" subject to the Maximum Contract Price cap. If the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $1,500 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a lump sum fee of $1,500.00. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of ConsuItant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. A single invoice shall be submitted on completion of the Work. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Mectings. ``tVln ' ` bbc++s [INSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, 2 injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify the Indemnified Party(les) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontraetor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -member category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for riling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. K. Confidentiality. Consultant aclatowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted itjointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Sam VanVolkenburgh, November 16, 2020 Sudie AM Gordon EXHIBIT "A" Proposal Bate: October 29, 2020 To: Robert Buscemi robert.buscemi@cityofmiltonea.us From: Engineering303, LLC Re: Milton Fire Station #42 Milton /Fulton Co., GA n neering E3 3 Engineering 303, LLC appreciates this opportunity to present this proposal for your project. The cost for surveying services on the above-mentioned tracts is as follows: Survey Updates $ 1,500 E303 will add the following details to the survey produced by the firm in 2015 (Job## 15-3920): + Storm connections including direction, size and material of pipe, depths/inverts of all storm structures on site, and outfall inverts for each storm line crossing the south side of Thompson Road Septic tank and drain field location + Underground utilities, as marked by third party utility locator Timeline: 4-6 weeks from receipt of signed proposal. Deliverables: Signed and Sealed Hardcopies; PDF. E303 will provide architect with CAD file, TIN file, and points. Respectfully submitted, Engineering303, LLC Engineering303 LLC - 108 Allen Street, Cumming, Georgia 30040 Phone 770-442-0500 www.engineering303.com .. Respectfully submitted, Engineering303, LLC Engineering303 LLC - 108 Allen Street, Cumming, Georgia 30040 Phone 770-442-0500 www.engineering303.com Engineering 303, LLC Standard Fee Schedule Principal Professional Engineer Registered Land Surveyor Three-person Field Crew Two -person Field Crew Designer/E.I.T. CAD Technician Office Administrator Effective 1-1-2020 $200 Per hour $150 Per hour $150 Per hour $175 Per hour $150 Per hour $125 Per hour $100 Per hour $ 75 Per hour Note: Fees for expert witness, depositions and all associated prep time will double the hourly rate. I•;XHIBIT "B" ACOR" CERTIFICATE OF LIABILITY INSURANCE ll,i� DATE(MMIDD)YYYY) 11/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Terry Mechling PHONE .t. (678) 648-1900 Falc No: (676) 646-1904 America Insurance Brokers, Inc. 9810-a Medlock Bridge, Ste. 105 Ao'.,Lss: Paul@goaib.com INSURER(S) AFFORDING COVERAGE NAIC M INSURER A: SENTINEL INS CO LTD (HARTFORD) 11000 Johns Creek GA 30097 INSURED INSURER B: HARTFORD UNDERWRITERS INSURANCE COMF 30104 INSURER c: UNITED SPECIALTY INSURANCE CO 12537 Engineering 303 INSURER D: 108 Allen St INSURER E: INSURER F: PERSONAL a ADV INJURY Cumming GA 30040 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIOOIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Eaoecurrence $ 1,666,600 MED EXP (Any oneperson) $ 10,000 PERSONAL a ADV INJURY $ 1,000,000 A X X 20SBAAC0189 10/05/2020 10/05/2021 DEVIL AGGREGATE LIMIT APPLIES PER POLICY JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,666,666 X ANY AUTO BODILY INJURY (Per person) $ °` OWNED SCHEDULED AUTOS ONLY AUTOS X X 20UECNG0477 10/05/2020 10105/2021 BODILY INJURY (Per accident) $ _ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ A EXCESS LIAB CLAIMS -MAGE X X 20SBAAC0189 10/05/2020 10/05/2021 DED RETENTION$ $ B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN OFFICER/MEMBER EXCLUDED?ANY NIA NIA X 20WECAD1656 10/05/2020 10/05/2021 PER OTH- STATUTE ER E.L. EACH ACCIDENT _ $ 1,660,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) Jf yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 Professional Liability C USS2030405 01/05/2020 01/05/2021 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) Surveying services for Milton Fire Station 42 - Certificate Holder is also an Additional Insured on the GL and Auto policies by contract agreement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 ACORD 25 (2016/03) @1 The ACORD name and logo are registered marks of ACORD TION. All riahts reserved. STATE OF Geor % EXHIBIT "C" COUNTY OF ori CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 4354 11 Federal Work Authorization User Identification Number Oy10g7-011 Date of Authorization Engineering 303, LLC Name of Contractor Surveying Services - Fire Station 42 Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. E ecuted on I , 20 Ito iU v4vnI n 0i (city), GA (state). $riot h i h — p rc4 rrI +- Signature of Authorized Officer • A t e Printed Name and Title of Authorized Officer or Agent SUBSCRIBED A(&WORN BEFORE ME ON THIS THE DAY OF Nov . , 20 79. NOT Y PUBLIC Narpgy �': [NOTARY SEAL] S O '- UN" My Commission Expires: "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 3, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services for Fire Station 42 MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ December 7, 2020 X X X X Page 1 of 1 To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on November 18, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services for Fire Station 42 _____________________________________________________________________________________ Project Description: Universal Engineering Sciences, Inc., to perform geotechnical subsurface exploration including testing and reporting services (with a Level 3 soil survey and infiltration test), a limited asbestos containing materials (ACM) survey, and special inspection services and related geotechnical consulting services for the construction phase of Fire Station 42 facility. Procurement Summary: Purchasing method used: Professional Services Account Number: 360-3510-541200001 Requisition Total: $50,000.00 Vendor DBA: Universal Engineering Service Inc. Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, November 18, 2020 Legal Review: Sam VanVolkenburgh, November 16, 2020 Attachment(s): Professional Services Agreement HOME OF'hiE BEST QUALITY OFJFE IN GEORGLA', MILTON ESTABLISHED 2886 PROFESSIONAL SERVICES AGREEMENT Geotechnical Services: Exploration (with Level 3 Soil Survey and Infiltration Test), Limited Asbestos Containing Materials (ACM) Survey and Special Inspections—Fire Station 42 This Professional Services Agreement ("Agreement") is made and entered into this day of 2020 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc., a Florida Corporation, having its principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work, Cost Estimate and Rates Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: to perform geotechnical subsurface exploration including testing and reporting services with a Level 3 soil survey and infiltration test, a limited asbestos containing materials (ACM) survey , and construction materials testing/special inspection services as outlined in Exhibit "A" and related geotechnical consulting services ("Special Inspections") as needed (to be ordered and specified in writing by Robert Buscemi or his designee prior to performance of services) for the construction phase of the City's Fire Station 42 facility. Unless otherwise stated in Exhibit "A" or a written order for consulting services, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term: Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Geotechnical Exploration and ACM Survey shall be completed within the timeframes specified in Exhibit "A". All additional Special Inspection services work shall be performed promptly, and if Consultant anticipates it cannot perform the work by the completion date specified in the applicable work order, it shall promptly notify Robert Buscemi via phone or email The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, 1 City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $50,000 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a lump sum fee of $6,900.00 for the geotechnical exploration and engineering services which includes a Level 3 soil survey and infiltration test, a lump sum fee of $2,000.00 for the Limited ACM Survey, and the hourly rate and unit price fee schedule provided in Exhibit "A" for any Special Inspections services subject to a budget cap for Special Inspections services of $41,100.00. Consultant shall notify City as soon as the cost of any requested item of Work is expected to substantially depart from the estimates provided in Exhibit "A". Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis. Section 6. Covenants of Consultant. A. Licenses. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perforin the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant; City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative; Meetings. Scott D. Thomson, P.E shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the Tenn of this Agreement 2 at no additional cost to the City E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Parry" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in performance under this Agreement. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any parry or person described in this provision. This obligation to indemnify the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. A. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. X any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perforin all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously ftunished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT*.vl ee ng EngSciences, im LLC Signature: Prim Name: $[o]'r P . %1 hbt4S01-) Title: C 4Vice President (Corporation) [CORP RATE SEAL] `�pvvvsaEERINGr,& AttesAttest/Witness:CWltness: v71� Signature: Print Name: ��K✓-t9R� Title: 6FF76E 144*oq( <? (AsswitintrCorpondr-Secr CITY OF MILTON, GEORGIA SEAL RATIFIED BY COUNCIL By: Steven Krokoff, City Manager By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form City Attorney 6 EXHIBIT "A" 2006 Heritage Walk Milton, GA 30004 Attention: Robert Buscemi Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION (WITH LEVEL 3 SOIL SURVEY AND INFILTRATION TEST), LIMITED ASBESTOS CONTAINING MATERIALS (ACM) SURVEY, AND CONSTRUCTION MATERIALS TESTING/SEPCIAL INSPECTIONS Fire Station #42 15240 Thompson Road Milton, GA 30004 UES Proposal No. 1630.1019.00009 — REV 1 Dear Mr. Buscemi: Universal Engineering Sciences is pleased to submit a proposal to conduct a geotechnical subsurface exploration, ACM survey, and Level 3 soil survey for the referenced project. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. PROJECT INFORMATION Revised project information was provided to us in recent correspondence with you. We understand that the project consists of a new fire station structure. The existing fire station structure on site will be demolished to construct the new facility. The facility may include an approximate 7,500 square foot building with adjacent parking, driveway areas, dumpster pad, and underground storage/storm water detention. Detailed structural loads have not been provided to us, therefore we have assumed maximum wall and column loads will not exceed 3 klf and 75 kips, respectively. Detailed grading information has not been provided; therefore we assume elevating fill heights will not exceed five feet. PROPOSED GEOTECHNICAL EXPLORATION Based on our understanding of the project information, as requested, we propose to perform seven (7) Standard Penetration Test (SPT) borings up to depths of 20 feet; including three SPT borings in the proposed building area to depths of 20 feet, three SPT borings in the proposed driveway and underground fuel storage to depths of 10 feet, and one boring in the underground stormwater 3040 Business Park Drive, Suite F . Norcross, Georgia 30071 . (770) 242-6438 • Fax (770) 242-6980 www.UniversalEngineering.com LOCATIONS' • Atlanta UNIVERSAL • Daytona Beach • Fort Myers ENGINEERING SCIENCES Fart Pierce Consultants In: Geotechnical Engineering •Environmental Sciences • Gainesville Jacksonville Geophysical Services • Construction MaterialsTesting • Threshold Inspection Miami Building Inspection • Plan Review • Building Code Administration Ocala • Orlando (Headquarters) • Palm Coast • Panama City • Pensacola • Rockledge October 23, 2020 Sarasota St. Petersburg Tampa Tifton City of Milton West Palm Beach 2006 Heritage Walk Milton, GA 30004 Attention: Robert Buscemi Reference: PROPOSAL FOR A GEOTECHNICAL EXPLORATION (WITH LEVEL 3 SOIL SURVEY AND INFILTRATION TEST), LIMITED ASBESTOS CONTAINING MATERIALS (ACM) SURVEY, AND CONSTRUCTION MATERIALS TESTING/SEPCIAL INSPECTIONS Fire Station #42 15240 Thompson Road Milton, GA 30004 UES Proposal No. 1630.1019.00009 — REV 1 Dear Mr. Buscemi: Universal Engineering Sciences is pleased to submit a proposal to conduct a geotechnical subsurface exploration, ACM survey, and Level 3 soil survey for the referenced project. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. PROJECT INFORMATION Revised project information was provided to us in recent correspondence with you. We understand that the project consists of a new fire station structure. The existing fire station structure on site will be demolished to construct the new facility. The facility may include an approximate 7,500 square foot building with adjacent parking, driveway areas, dumpster pad, and underground storage/storm water detention. Detailed structural loads have not been provided to us, therefore we have assumed maximum wall and column loads will not exceed 3 klf and 75 kips, respectively. Detailed grading information has not been provided; therefore we assume elevating fill heights will not exceed five feet. PROPOSED GEOTECHNICAL EXPLORATION Based on our understanding of the project information, as requested, we propose to perform seven (7) Standard Penetration Test (SPT) borings up to depths of 20 feet; including three SPT borings in the proposed building area to depths of 20 feet, three SPT borings in the proposed driveway and underground fuel storage to depths of 10 feet, and one boring in the underground stormwater 3040 Business Park Drive, Suite F . Norcross, Georgia 30071 . (770) 242-6438 • Fax (770) 242-6980 www.UniversalEngineering.com UES Proposal No. 1630.1019.00009 10/23/2020 detention area to a depth of 15 feet. We will also auger one boring to a depth of 9 feet bgs for an infiltration test. The total proposed drilling footage is 114 feet. We will take the borings to their predetermined depth or auger refusal whichever occurs first. We will conduct all field services in accordance with applicable ASTM standards. At the completion of drilling, we will transport all samples to our laboratory where they will be examined by a geotechnical engineer and visually classified according to the Unified Soil Classification System. A professional engineer, registered in the State of Georgia, who has specialized in geotechnical engineering will direct and supervise our work. A report which describes our exploration and documents the subsurface conditions encountered will be provided for you. This report will include the following: 1. A brief discussion of our understanding of the planned construction and imposed loads. 2. A presentation of the field and laboratory test procedures used and the data obtained. 3. A presentation of the subsurface conditions including subsurface profiles, estimated groundwater levels during drilling, and estimated geotechnical engineering properties (as necessary). 4. A geotechnical engineering evaluation of the site and subsurface conditions with respect to the planned construction. 5. Recommendations for foundation design and construction as well as our estimate of the performance of the foundation system. 6. Recommendations for pavement design parameters. 7. Recommendations for site preparation procedures. 8. An evaluation of the suitability of the soils encountered for use as structural fill. 9. Infiltration test results 10. Level 3 Soil Survey results The purpose of this study is to document if Asbestos -Containing Materials (ACMs) are present and may be disturbed prior to planned demolition or renovation. SCOPE OF WORK— ACM INSPECTION Our asbestos evaluation will include: 1) All work will be performed under the direction of a Georgia -licensed Asbestos Consultant; UES Proposal No. 1630.1019.00009 10/23/2020 2) A review of available building documents to identify potential locations of suspect Asbestos Containing Materials (ACMs); 3) A visual building inspection of accessible areas by an US Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA) accredited asbestos inspector to identify suspect ACMs; 4) Once suspect ACMs are identified, homogeneous materials (materials which are uniform in color, texture, construction/application date, and general appearance) will be determined; 5) Indicate whether the suspect ACM is friable (a material that when dry, may be crumbled, pulverized or reduced to powder by hand pressure) or non -friable; 6) Collection of bulk samples of each homogeneous suspect ACM. Record sample information on Asbestos Bulk Sample Forms (chain -of -custody sheets), which will be signed, dated, and sent with the samples to the laboratory; 7) Analysis of the collected bulk samples at a National Voluntary Laboratory Accreditation Program (NVLAP) accredited laboratory using Polarized Light Microscopy (PLM) for the presence of asbestos fibers. UES will provide PLM results to you immediately upon receipt for discussion to determine if further analysis is required. If PLM results indicate levels between "trace" and 10% asbestos, you will have the option to analyze the samples further by PLM Point Count Analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having point count results <1% asbestos are considered non -ACM. If you choose the additional Point Count analysis, UES will pass-through these costs; and, Unless specifically noted in the proposal, no draft report will be issued. The fee estimate presented under this proposal includes an electronic copy of the Asbestos -Containing Material Survey report being submitted upon project completion. PROJECT ASSUMPTIONS The following conditions are anticipated prior to inspection of the structure and during the completion of the building inspection: • All areas requiring inspection will be accessible on the day(s) scheduled for the inspection. Collection of bulk samples of suspect ACMs will be limited to those materials readily accessible. • The survey activities will be completed on a standard work schedule of Monday through Friday 8:00 AM to 5:00 PM (excluding holidays) and a standard five (5) to seven (7) day laboratory sample analysis turnaround basis. • Destructive sampling techniques (such as wall and ceiling testing, carpet cuts to expose underlying flooring) will be employed in limited measures in the spaces inspected, and completed in a way to minimize disruption to operations and damage to building components. Extensive destructive sampling methods will not be used, and exploratory demolition of walls and/or removal of fixed items will not be conducted. u UES Proposal No. 1630.1019.00009 10/23/2020 EXCLUSIONS Inspection and collection of bulk samples of suspect ACMs will be limited to those materials readily accessible. Spaces concealed by walls, floors, ceilings, etc requiring access by demolition or other destructive means will not be investigated in the Limited ACM Survey. The presence of such spaces and the need for destructive investigation will be documented in the final reports. No attempt will be made to observe conditions in spaces not generally accessible, including but not limited to crawlspaces, pipe chases, plenums or confined spaces. NKIA691Y;Zlly[0C13Yu/VYIH.7EllIM 0D&IY_I0[1mWpCy/\awksWDCO-KO]N61 Special inspection services typically performed for projects such as this can include the following: density testing during fill placement or utilities, proofrolling of subgrades, footing inspections, rebar inspections, concrete sampling and testing, density testing on Graded Aggregate Base, density testing on asphalt pavements, asphalt sampling and testing, masonry inspections, steel inspections, NPDES monitoring, turbidity sampling and testing, and floor flatness and floor levelness testing. COMPENSATION FOR SERVICES Based on the scope of the geotechnical exploration, the proposed laboratory testing, and the preliminary engineering services outlined above, we propose to complete the geotechnical exploration and engineering services for a lump sum fee of $6,900.00 and the Limited ACM Survey for a lump sum fee of $2,000.00. We will contact you immediately if we encounter subsurface conditions which could require (1) the borings to be performed to deeper depths, (2) additional borings or other field testing, and/or (3) additional engineering analysis/evaluation and studies outside the scope of this proposal. The scope of services does not include groundwater sampling, contamination assessment/delineation, or an evaluation of non -ASTM activities such as, lead-based paint, radon, lead in drinking water, environmental compliance, or construction materials testing. UES can provide these additional services, if desired, under a separate contract. UES will contact Georgia 811 to identify public utilities within the area and up to the appropriate meters. It should be understood that a two-week turnaround is required on underwater utility locates. Furthermore, UES should be provided with all readily available project site information regarding underground utility or service lines, and buried structures. Our office cannot be held responsible for damage to buried service lines and/or structures that are not identified to our field personnel. For the Special Inspections portion of the work we will only perform those services as authorized by you or your designated representative. UES will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. We recommend that a budget of $38,000 be established for the proposed work. This budget is based solely on our past history with similar projects and the provided information. The actual cost of our services may vary. If a more refined budget is required, please provide us with a detailed project schedule. You will be charged for the actual number of units worked times the listed fee. The listed fees are attached on our attached fee schedule. UES Proposal No. 1630.1019.00009 10/23/2020 6Y I11�111OW-10117_\IY No' Ifflo iFr 01110 We can initiate the field services within 5 to 7 days after receipt of written authorization to proceed with the field exploration complete in two days. We can provide preliminary verbal results as soon as the drilling has been completed in order to expedite the design process, upon request. The final geotechnical and ACM reports should be available within four weeks after notice to proceed. We have included a short form authorization agreement. In order to expedite our internal project tracking requirements, please execute this document and return one copy to our office. Universal Engineering Sciences appreciates this opportunity to offer our services, and we are looking forward to the assignment. Please call if you have any questions. Sincerely, Universal Engineering Sciences N Alexi Neill, P.E. Senior Project Manager Scott Thomson, P.E. Branch Manager Attachments: Construction Materials Testing Services Fee Schedule Work Authorization Form General Conditions u CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE UES, INC. - Atlanta, GA UES Proposal No. 1610.1115.00002 TECHNICIAN SERVICES 1 Engineering Technician for soil density testing and general concrete sampling/testing, per hour...........................................................................$40.00 2. Engineering Technician - Overtime - for soil density testing and general concrete sampling/testing, per hour...........................................................................$60.00 3. Certified Metals Inspector, per hour.........................................................................................$85.00 4. Mileage......................................................................................................................................$0.50 PROFESSIONAL SERVICES 1. Staff Professional / Field Engineer, per hour...........................................................................$75.00 2. Senior Professional Engineer, per hour...................................................................................$95.00 3. Principal Engineer, P.E., per hour.........................................................................................$120.00 4. CAD Drafting Services, per hour.............................................................................................$45.00 5. Subcontract Services .................... .................................................................................... Cost +15% LABORATORY AND FIELD TESTING SERVICES 1. Standard Proctor Compaction Test, each...............................................................................$95.00 2. Modified Proctor Compaction Test, each..............................................................................$105.00 3. Stone content correction for aggregate Proctor curves...........................................................$20.00 4. GAB Stone Gradation, each....................................................................................................$75.00 5. No. 200 Wash, each................................................................................................................$40.00 6. Grain Size Tests (With Wash 200 Sieve), each......................................................................$60.00 7. Grain Size Tests (With Hydrometer), each..............................................................................$90.00 8. Atterberg Limits Test, each......................................................................................................$60.00 9. Natural Moisture Content Test, each.........................................................................................$8.00 10. Compressive Strength of 6"x12" or 4"x8" concrete cylinders (Note E), each............................$8.00 11. Flexible Strength of Concrete Beams, each............................................................................$35.00 12. Compressive Strength of Concrete Core Samples, each ........................................................$20.00 13. Specific Gravity/Density of Asphalt Cores, each..................................................................... $25.00 14. Extraction / Gradation, per test..............................................................................................$280.00 15. Grout and Mortar Samples, core and compressive strength, each.........................................$10.00 16. Nuclear Density Gauge rental, per day....................................................................................$40.00 17. Coring Equipment and Generator; per day, ........................................................................... $175.00 18. Bolt Torque Wrench and Skidmore, per hour..............................:.............................................$5.00 19. Floor Flatness and Floor Levelness Equipment, per placement...........................................$850.00 20. R -Meter, per day......................................................................................................................$25.00 21. NPDES Monitoring, per month (includes 2 turbidity samples, one initially, and one at 90 days)................................................................................................................................. $900.00 22. Turbidity Sample, per sample..................................................................................................$75.00 NOTES: A. Overtime rates will be 1.5 times the regular rate indicated for labor. B. Overtime includes all time in excess of 8 hours per day, 40 hours per week, Saturdays, Sundays and Holidays, prior to 6 A.M. or after 6 P.M. C. Minimum charge of 4 technician hours per trip. D. A 10% Administrative Fee will be added to each invoice, for review and typing of reports, and miscellaneous administrative functions. E. A $3.00 / cylinder surcharge will be added for cylinders made by others. EXHIBIT `B" Client#: 1405231 131 UNIVEENG ACORD.., CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER GUNIAGI NAME: TYPE OF INSURANCE ADDLSUB INSR McGriff Insurance Services PnNicoNIN 407 691-9600 FJOC 888-635-4183 LIMITS EI 1 No): * PO BOX 4927 E-MAIL 1/01/2020 01/01/2021 EACH OCCURRENCE ADDRESS: PREMISES Ea oxTurrence $1;0,0;0 Orlando, FL 32802-4927 $15000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY [ IX JECT [:1 LOC OTHER: GENERA -AGGREGATE INSURER(S) AFFORDING COVERAGE PRODUCTS-COMP/OP AGG NAIL# 407 691-9600 INSURER A - Valley Forge Insurance Company AUTOMOBILE 120508 INSURED INSURER B: National Fire Insurance Co of Hartford 20478 Universal Engineering Sciences LLC various Carriers - See Description INSURER C : 3532 Maggie Blvd. INSURER D: Orlando, FL 32811 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: #5)20/21 Municipal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT LTR TYPE OF INSURANCE ADDLSUB INSR WAD POLICY NUMBER POLICY EFF/DD MM POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X IDCIX,C,U * * 6075841134 1/01/2020 01/01/2021 EACH OCCURRENCE $11000000 PREMISES Ea oxTurrence $1;0,0;0 MED EXP (Any one person) $15000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY [ IX JECT [:1 LOC OTHER: GENERA -AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED ONLY AUTOS ONLY P * * BUA6075841120 1/01/2020 01/01/2021 COMBINED ISINGLE LIMITE. 1,;00,;0; X 1AUTOS BODILY INJURY (Per parson) $ BODILY INJURY (Per accident) $ PROPERIZDAMAGE Per aocki $ $ C UMBRELLA LIAB1( EXCESS LIAB OCCUR CLAIMS -MADE See Description for Excess Liab information 1/01/2020 01/01/2021 EACH OCCURRENCE $See Descri tl X AGGREGATE $See Descri tI DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A * WC6075841151 1/01/2020 01/01/2021 X PER OTH- ER E.L. EACH ACCIDENT 1 OOO OOO E.L. DISEASE - EA EMPLOYEE $1 OOO OOO :14.2N,00., E.L. DISEASE -POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) *Additional Insured status is granted with respect to General Liability if required by written contract per "Blanket Additional Insured -Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement" Form #CNA75079XX 10/16. Primary and Non -Contributory status is granted with respects to General Liability if required by written (See Attached Descriptions) City of Milton 2006 Heritage Walk Milton, GA 30004 ACORD 25 (2016/03) 1 of 3 #S26564132/M26311616 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PSBE DESCRIPTIONS (Continued from Page 1) contract per "Architects, Engineers and Surveyors General Liability Extension Endorsement' Form #CNA74858 01/15. Per Project Aggregate status is granted as respects to General Liability as per "General Aggregate Limit - Per Project Endorsement' Form #CNA75061 01/15. Contractual Liability as respects to General Liability as per Commercial General Liability Coverage Form form #CG0001 04/13. *Additional Insured status is granted with respects to Automobile Liability policy on a primary basis with regard to the operations of the named insured if required by written contract per endorsement "Business Auto Coverage Form" form #CA0001 10/13. *Waiver of Subrogation status is granted with respects to General Liability if required by written contract per "Architects, Engineers and Surveyors General Liability Extension Endorsement' Form #CNA74858 01/15. *Waiver of Subrogation status is granted with respects to Workers Compensation if required by written contract per Waiver of Our Rights to Recover from Others Endorsement, form #WC000313. *Waiver of Subrogation status is granted with respects to Automobile Liability if required by written contract per "Business Auto Coverage Form" form #CA0001 10/13. With regard to General Liability, when required by written contract, 30 Days Notice of Cancellation applies per form "Changes -Notice of Cancellation or Material Restriction Endorsement' form #CNA74702 01/15. With regard to Automobile, when required by written contract, 30 Days Notice of Cancellation applies per form "Notice of Cancellation or Material Change -Designated Person or Organization" form #CNA72315 02/13. With regard to Workers Compensation, when required by written contract, 30 Days Notice of Cancellation applies per form "Notice of Cancellation or Material Change Endorsement' form #CNA87380 11/16. Excess policies follow form of the underlying policies. EXCESS LIABILITY COVERAGES: Excess Liability Policy over General Liability: Firemans Fund Insurance Company (NAIC# 21873) Policy # USL004132201 Policy term 1-1-2020 to 1-1-2021 Provides an additional $9,000,000 per Occurrence, $9,000,000 per Aggregate, excess liability layer above the underlying $1,000,000 occurrence liability limits/$2,000,000 aggregate liability limit provided by primary General Liability policy with Valley Forge Insurance Company, policy #6075841134. Excess Liability Policy over Auto Liability and Employers Liability: Endurance Assurance Corporation (NAIC#11551) Policy # EXC30000530702 Policy term 1-1-2020 to 1-1-2021 Provides an additional $1,000,000 excess automobile liability layer above the underlying $1,000,000 liability limits provided by primary automobile policy with National Fire Insurance of Hartford #6075841120. (Aggregate Limit where applicable) Excess Liability Policy over Auto Liability and Employers Liability: Landmark American Insurance Company (NAIC#33138) Policy # LHAO88510 Policy term 1-1-2020 to 1-1-2021 Provides an additional $4,000,000 excess automobile liability layer above the underlying $1,000,000 SAGITTA 25.3 (2016/03) 2 of 3 #S26564132/M26311616 DESCRIPTIONS (Continued from Page 1) automobile liability limits provided by Endurance Assurance Corporation Policy # EXC30000530702. (Aggregate Limit where applicable) Regarding Geotechnical Services: Bell Memorial Park, Lacrosse Wall. SAGITTA 25.3 (2016103) 3 of 3 #S26564132/M26311616 This page has been left blank intentionally. EXHIBIT «C„ STATE OF Georgia COUNTY OF Gwinnett CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in. the physical. performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 47965 Federal Work Authorization User Identification Number 07-23-2007 Date of Authorization Universal Engineering Sciences, LLC Name of Contractor GeOtl-clinical Services: Exploration including Level 3 Soi I Survey and Infi Itration Test Limited Asbestos Containing Materials Suivey. and Special Inspections - Fire Station 42 Name of Project City of_Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Execut on INV 71 20 20 in Nor o (city), GA (state). Signature of Authorized Officer or Agent Scott Thomson, VP Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 17th DAY OF November , 2020 r NOTARY PUBLIC [NOTARY S1; ] Pamela D Sanford NOTARY PUBLIC Gwinnett County, GEORGIA Aly Commission Expires 02/23/2024 My Commission Expires: _�I231�(tZ4_ STATE OF _ COUNTY OF EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Universal Engineering Sciences, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Geotechnical Services: Exploration including Level 3 Soil Survey and Infiltration Test, Limited Asbestos Containing Materials Survey, and Special Inspections - Fire Station 42 Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 3, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions: The minor plat for Louis Reynaud described herein consists of 4.972 acres located at 16500 Hopewell Road. This property is to be subdivided into 3 Tracts ranging in size from 1.2 acres – 2.2 acres MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ 12/07/2020 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on December 1, 2020 for the December 7, 2020 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The minor plat for Louis Reynaud described herein consists of 4.972 acres located at 16500 Hopewell Road. This property is to be subdivided into 3 Tracts ranging in size from 1.2 acres – 2.2 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 4 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Louis Reynaud 16500 Hopewell Road LL 249 Dist. 2 Sect. 2 Minor Plat Subdivided into 3 Tracts 4.972 Acres 0.603 lots / Acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Amendment #5 to the Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from December 1, 2020 to May 31, 2021 MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X December 7, 2020 X X To: Honorable Mayor and City Council Members From: Bob Buscemi, Interim Community Development Director Date: Submitted November 30, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of Amendment #5 to the Professional Services Agreement between the City of Milton and SAFEbuilt Georgia, LLC to Extend the Contract from December 1, 2020 to May 31, 2021 _____________________________________________________________________________________ Department Recommendation: Approval. Project Description: The City’s current contract for Building Plan Review and Inspection Services is coming to an end. This amendment will extend the current contract with SAFEbuilt Georgia, LLC from December 1, 2020 to May 31, 2021. This extension will allow staff time to complete an analysis to determine the most efficient and cost-effective way to provide building plan review and inspection services moving forward. Staff will provide options to Mayor and Council once this analysis is complete. Procurement Summary: Purchasing method used: Contract Addendum Revenue Share: No Change to Current Agreement Building Services: 70% (65% after $750,000 invoiced) Fire Services: 90% (85% after $750,000 invoiced) Financial Review: Bernadette Harvill, November 30, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, November 18, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Professional Services Agreement Amendment #5 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND SAFEbuilt GEORGIA, LLC This is a FIFTH Amendment to the Professional Services Agreement generally described as City of Milton Building Plan Review and Inspection Services (RFP 10-CD2) effective December 20, 2010 and as subsequently amended in 2015, 2018, 2019, and 2020 (collectively the “Agreement”), between the City of Milton, Georgia (“City”), and Safe Built Georgia, Inc. and its successor in interest SAFEbuilt Georgia, LLC (“Consultant”). The City and the Consultant shall be jointly referred to as the “Parties”. RECITALS AND REPRESENTATIONS WHEREAS after entering into an initial agreement for building plan review and inspection services in 2010, the Parties executed a 2015 first amendment to extend their relationship until September 30, 2018, which amendment provided for the option of two subsequent annual extensions by mutual agreement of Parties; WHEREAS in 2018, the Parties executed a second amendment, exercising the option of extending the agreement for one additional year until September 30, 2019, and adding certain “City Arborist” services to the scope of work; WHEREAS in 2019, the Parties executed a third amendment, exercising the option of extending the agreement for a second additional year until September 30, 2020, and removing the “City Arborist” services previously added to the scope of work in 2018; WHEREAS in the Fall of 2020, the City initiated a competitive procurement for building plan review and inspection services, but due to unanticipated delays in the competitive procurement process the Parties entered into a fourth amendment, extending the Agreement until November 30, 2020 to allow the City time to further consider the procurement submissions; WHEREAS on November 16, 2020, the City decided to reject all proposals submitted in the competitive procurement process and to reconsider its options for building plan review and inspection services; and WHEREAS the City desires to extend the Agreement for six (6) additional months while the City reviews its options for building plan review services; NOW, THEREFORE, Agreement is hereby amended as set forth below: 1. The term of Agreement shall be extended until May 31, 2021. Any Work performed between the prior expiration of the Agreement (on November 30, 2020) and the date of full execution of this Amendment is hereby ratified by both Parties as part of the Agreement. 2. Consultant represents that the insurance requirements set forth in Section IV.I of the Agreement shall remain in force during this extension. Upon request, Consultant shall demonstrate evidence of such coverage by providing an up-to-date insurance certificate to City. 3. Consultant shall provide the City with renewed E-verify affidavits, attached as Exhibit E (and Exhibit F if subcontractors are used) to the Agreement to demonstrate continued compliance with E-verify requirements during the extended term of the Agreement. 4. The original Agreement shall remain in effect to the extent not modified by this Amendment. IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. City of Milton, Georgia SAFEbuilt Georgia, LLC Signature ____________________________ Joe Lockwood, Mayor Date: _________________________ Attest: _____________________________ City Clerk [CITY SEAL] Approval as to Form: ____________________________ City Attorney ____________________________ Signature Name: ________________________________ Title: ________________________________ Date: _________________________ Thomas P. Wilkas Chief Financial Officer November 18, 2020 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and DotGov Domain Registration for Rights to the MiltonGA.gov Domain Name MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X December 7, 2020 To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on November 23, 2020 for Consent Agenda on the December 7, 2020 Regular City Council Meeting. Agenda Item: Approval of an Agreement between the City of Milton and DotGov Domain Registration for Rights to the MiltonGA.gov Domain Name _____________________________________________________________________________________ Department Recommendation: IS department recommends approval. Executive Summary: The city has been using the cityofmiltonga.us domain name since being incorporated in 2006. By registering the miltonga.gov domain name, the City will have that name reserved exclusively for its own use. The city website and internal network can then be migrated to the new domain as part of a systemic upgrade. Funding and Fiscal Impact: $400 per year Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-1535-523850102 Alternatives: Maintain the existing cityofmiltonga.us domain for $20 per year Financial Review: Bernadette Harvill, November 30, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis (October 22, 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): MILTONGA.GOV Authorization Letter_clean.docx October 20, 2020 .Gov Domain Registration c/o Verisign, Inc. 12061 Bluemont Way Reston, Virginia 20190 Dear Domain Manager, As Mayor for the City of Milton, Georgia, I formally request that authority over the MiltonGA.gov second-level domain name be delegated to the City of Milton, Georgia. I attest that I am the highest-ranking elected official for City of Milton, Georgia or have signing rights on behalf of the Mayor for the City of Milton, Georgia. This domain name will be used for the internet presence, official communications, and network domain for the City of Milton, Georgia . The use of this domain is consistent with the City of Milton, Georgia internet policy. In addition, the City will ensure the content of the requested domain name conforms to the .gov policy. By requesting this domain name, I acknowledge that I will be re sponsible in my official capacity for payment of the annual $400 domain fee. I understand that if the City wishes to retire this domain, I or my successor as Mayor must submit a written request to registrar@dotgov.gov. If a written request is not submitted, I understand that the City will continue to be responsible for all accrued domain fees. The following individuals will be listed as points of contact for MiltonGA.gov. It is understood that the contact information must remain valid and up to date, and that administrative, billing, and technical points of contact will be unique. 2006 Heritage Walk, Milton, GA 30004 P: 678.242.2500 | F: 678.242.2499 info@cityofmiltonga.us | www.cityofmiltonga.us Administrative Point of Contact Steven Krokoff City Manager 2006 Heritage Walk, Milton, GA, 30004 678-242-2571 steven.krokoff@cityofmiltonga.us Billing Point of Contact Honor Motes Procurement Manager 2006 Heritage Walk, Milton, GA, 30004 678-242-2507 honor.motes@cityofmiltonga.us Technical Point of Contact David Frizzell IT Manager 2006 Heritage Walk, Milton, GA, 30004 678-242-2517 david.frizzell@cityofmiltonga.us Security Point of Contact jcail@interdev.com Sincerely, Joe Lockwood Mayor [Notary Public Section] Signed and sworn to (or affirmed) before me on _________________ Name of the Individual Making a Statement ____________________________ Signature of Notary Public __________________________ My Commission Expires ____________ CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #1 between the City of Milton and Earth Networks, Inc. for the Installation and Annual Subscription of Lightning Detection Systems at Bell Memorial Park and the Cox Road Athletic Complex MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X December 7, 2020 X To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted November 18, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of Change Order #1 between the City of Milton and Earth Networks, Inc. for the Installation and Annual Subscription of Lightning Detection Systems at Bell Memorial Park and the Cox Road Athletic Complex ____________________________________________________________________________________ Project Description: The pool and tennis courts at the Former Milton Country Club had the Earth Networks system installed April 2020. For optimal safety of the participants at Bell Memorial Park and the Cox Road Athletic Complex, the Earth Networks lightning detection system was budgeted in fiscal year 2021. The quality of the Earth Networks product is superior to other like products on the market, because the detection methods and accuracy are more precise, making the parks even safer our citizens. Procurement Summary: The impact to the fiscal year 2021 budget will include two separate transactions. The two additional units will incur a charge of $1,663.34 for installation and monitoring until March 1, 2021. March 2, 2020 marks the start of year two of the contract with Earth Networks. The subscription is $999 per year for each additional unit (2). Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: Bell Memorial Park: 100-6110-523850111 $1,830.67 Cox Road 100-6110-523850110 $1,830.67 Requisition Total: FY21 – $3,661.34 Contract total: $31,944.34 (over 7 years) Financial Review: Bernadette Harvill, November 24, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, November 16, 2020 Concurrent Review: Steve Krokoff Attachment: 1. Change Order #1 between Earth Networks and the City of Milton 2. Exhibit A 1 CHANGE ORDER #1 FOR GOODS AND SERVICES PURCHASING AGREEMENT (“Earth Networks Order Form”) Lightning Detection – Outdoor Alerting Systems WHEREAS, the City of Milton, Georgia (“City”) and Earth Networks, Inc. (“Contractor”) have entered into a Goods and Services Purchasing Agreement (the “Agreement”) dated March 2, 2020, incorporated herein by reference, for an outdoor alerting system (lightning detection) at the Former Milton Country Club pool and tennis courts; and WHEREAS, the parties desire to issue an addendum pursuant to the “Remarks” section of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein; and WHEREAS, the City finds it is necessary to install additional Outdoor Alerting Systems; one at the Cox Road Facility (170 Cox Rd, Milton, GA 30075) and one at Bell Memorial Park (15245 Bell Park Dr, Milton, GA 30004) which will replace the current system at Bell Memorial Park. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. The parties acknowledge that the purpose of this Change Order is to add the installation and maintenance of two additional Outdoor Alerting Systems at the locations named above. An Exhibit A is added as part of this Change Order to amend the Work as specified in the original Agreement. 2. The Earth Works Order Form as listed in Exhibit A amends the Agreement so that the total amount paid under the Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $31,944.34 (the “Maximum Contract Price”). The existing Agreement provides for seven annual terms, with the first annual term running from March 2, 2020 through March 1, 2021. The compensation for added Work performed under this Change Order shall consist of an increase of $1,663.34 in the first annual term and $1,998.00 in each of the six following annual terms. The cumulative amount due becomes $5,562.34 for year one due to the additional two outdoor alerting systems, and $4,397.00 for contract years 2 – 7. 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. SIGNATURES ON THE FOLLOWING PAGE DocuSign Envelope ID: 452CF869-AC18-4266-81C3-7624E4A99982 2 CONTRACTOR: Earth Networks, Inc. By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney DocuSign Envelope ID: 452CF869-AC18-4266-81C3-7624E4A99982 Daniel W. O'Connell General Counsel CEO Richard M. Spaulding Order #: 82928 EN.Cont.Approval.F20 9/13/2013 Page 1 Customer #: 30994 EARTH NETWORKS ORDER FORM 12410 Milestone Center Drive, Suite 300, Germantown, MD 20876 Customer Contact Information Business Name: City of Milton GA - Parks and Recreation Business Address: Milton City Hall, 2006 Heritage Walk, Milton, GA 30004 Contact Name: Tom McKlveen Contact Phone: (678) 242-2519 Contact Fax: Customer Billing Information (if different from above) Business Name: Business Address: Contact Name: Contact Phone: Contact Fax: Earth Networks Contact Information POC: Stuart Hershon Email Address: shershon@earthnetworks.com Contact Phone: (800) 544-4429 ext 4080 Contact Fax: (301) 258-5210 Schedule of Services Product Name Notes Quantity Unit Price Total Price Sferic Protect Basic Package includes: •Earth Networks Outdoor Alerting System •Earth Networks Outdoor Installation •Maintenance (OAS) •Lightning Alerting Subscription (Data feed and Sferic Maps) 2 $999.00 Annually $665.34 Prorated from November 1, 2020 through March 2, 2021. Then $1,998.00 annually for the remaining 6 year term Sferic Protect Basic One-Time Setup Fee 1 $998.00 $998.00 Initial Term of Contract: 6.33 years Sub Total: $1663.34 Quotation valid through: Sales Tax: N/A Date of Original Signed Terms and Conditions: ________ Grand Total: $1663.34 Exhibit ADocuSign Envelope ID: 452CF869-AC18-4266-81C3-7624E4A99982 Order #: 82928 EN.Cont.Approval.F20 9/13/2013 Page 2 Customer #: 30994 Remarks: The customer agrees to payment terms of Net 30 unless otherwise documented. Late payment fees will be charged as one percent (1%) per month or part thereof will be charged for any payment that is more than 30 days late. The service(s) shall be for 6.33 years. The annual fee for these services following year one shall be $1,998.00/year. , Installation and/or maintenance costs quoted above are valid for standard installations only. Any installation or maintenance work that requires non-standard equipment, materials, or regulatory expense may be subject to an additional charge. Furthermore, customer is responsible for providing all communication and electrical infrastructure. This quotation identifies the quantity of OAS units estimated for adequate coverage and has been agreed to by both parties as per (name and date of summary document). If additional units are required or desired after installation, they can be added for $1,200 per unit with $750.00 installation cost. Please allow up to four weeks for delivery of hardware. This Order Form is subject to the terms and conditions attached hereto. CUSTOMER: EARTH NETWORKS: \s2\ \s1\ By: By: \n2\ \n1\ Name: Name: \t2\ \t1\ Title: Title: \d2\ \d1\ Date: Date: DocuSign Envelope ID: 452CF869-AC18-4266-81C3-7624E4A99982 Order #: 82928 EN.Cont.Approval.F20 9/13/2013 Page 3 Customer #: 30994 Customer Check List Earth Networks thanks you in advance for your business. In order for us to expedite your order, please be sure that you have signed and returned the following information: Signed Earth Networks Order Form Sign and date the bottom left page of Standard Terms and Conditions where it asks for “Customer Signature and Date” Signed Purchase Order, Check or Credit Card Authorization Tax Exempt Certificate (if applicable) If you should have any questions please feel free to contact your POC: • NOTE: Earth Networks, Inc. has sold its interest in WeatherBug brand November, 2016. Please ensure that you have made the name change to all documents submitted to Earth Networks for processing. POC: Stuart Hershon Phone: (800) 544-4429 ext 4080 Email Address: shershon@earthnetworks.com Fax: (301) 258-5210 DocuSign Envelope ID: 452CF869-AC18-4266-81C3-7624E4A99982 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order #1 to the Task Order between the City of Milton and BM&K, P.C. for the Asphalt Reconstruction and Resurfacing Inspection Project to Provide Inspection Services for the Addition of Bethany Road and Deerfield Parkway MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X December 7, 2020 X X To: Honorable Mayor and City Council Members From: Robert W. Drewry, Director of Public Works Date: Submitted on December 1, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order #1 to the Task Order between the City of Milton and BM&K, P.C. for the Asphalt Reconstruction and Resurfacing Inspection Project to Provide Inspection Services for the Addition of Bethany Road and Deerfield Parkway _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including inspection services for construction projects. This change order to the task order is add additional inspection services on the Asphalt Reconstruction and Resurfacing Project. The City added Bid Alternate #1 and Bid Alternate #3 as a change order to the Asphalt Reconstruction and Resurfacing Contract and now we are adding the inspection services to cover the bid alternates. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 300-4101-521205000 Requisition Total: $13,500 Vendor: BM&K, P.C. Financial Review: Bernadette Harvill, December 1, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, November 19, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Task Order MILTON* M"11511ED 3186 CHANGE ORDER #1 TO TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE ASPHALT RECONSTRUCTION AND RESURFACING INSPECTION PROJECT WHEREAS, the City of Milton, Georgia and BM&K, P.C., have entered into a Professional Services Agreement (the "Agreement") dated May 1, 2017 and a Task Order (the "Task Order") dated August 3, 2020 incorporated herein by reference; and WHEREAS, the Parties desire to change the timing and Not to Exceed amount of the Task Order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Task Order as follows: "Timing" section is amended by replacing the text with the following: This task order will be completed when the project is fully complete, which is estimated to be on or around December 1, 2020." "Compensation' section is amended by replacing the text with the following: This task order shall not exceed $33,750.00. From the date of execution until November 13, 2020, performance will be based upon the rates that are part of the Agreement; after November 13, 2020, performance will be at the daily rate of $675 for up to a maximum of 20 additional days, as specified in the attached Exhibit "A"," Approved by City Council Approved as to form: Mayor Date CITY OF MILTON: By: Title: Date: 2006 Heritage Walk Milton, GA 30004 04 O © O City Attorney ONSULTA �� By. - Tit1e:�N� r�y.T Nam . Date: (2//2d7y P: 678.242.2500 � F: 678.242.2499 infoC?cityofmiltonga.us I www.ciiyofmiltonga.us CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order # 1 Agreement between the City of Milton and Tunnell, Spangler and Associates, Inc. (TSW) to Finish the Ongoing Research Study for Rural and Equestrian Zoning Ordinance MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ December 7, 2020 X X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted November 25, 2020 for the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order # 1 Agreement between the City of Milton and Tunnell, Spangler and Associates, Inc. (TSW) to Finish the Ongoing Research Study for Rural and Equestrian Zoning Ordinance _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: Equestrian Friendly Zoning - The goal of this project is to strengthen the Milton’s equestrian character through long range planning and land use practices. The study will explore various options to update the city's zoning code to make it more equestrian friendly. The consultant will take community input through stakeholder sessions and will work collaboratively with the Equestrian Committee. Based on the assessment and public input the consultant will write an ordinance to create a new zoning district, overlay or use-permit. Due to the pandemic the work has been delayed. The proposed change of order will provide time to complete the study and bring draft recommendations to the Board. The amended date for the contract is September 30, 2021. Funding and Fiscal Impact: The maximum contract price was $35,000; Remaining contract price is $10,054.88 for 2021 financial year. No change of price is suggested in Change Order #1. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 300-7410-521200000 Requisition Total: $10,054.88 Financial Review: Bernadette Harvill, November 30, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, November 25, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Change Order # 1 CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT Equestrian Zoning Ordinance WHEREAS, the City of Milton, Georgia and Tunnell, Spangler, & Associates, Inc. ("the Consultant") have entered into a Professional Services Agreement (the "Agreement") dated September 9, 2019, incorporated herein by reference, for the research and development of an Ordinance to create an Equestrian-Rural Friendly Land Use Practices; and WHEREAS, the Parties desire to change the timing pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Professional Services Agreement as follows: I.Section l .D amended by replacing the text "and the Work shall be completed, and the Agreementshall terminate, on or before sixteen (16) weeks from the notice to proceed" with the following:"the Work shall be completed, and the Agreement shall terminate on or before September 30,2021." IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] CONT TOR: Tannell, Spangler & Associates, Inc. By: Print me: . VV/I,,TtQ- President/ ice President (Corporation) tel. Print Nine: Its: ((Assistant) orporate Secret if corporation) CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Enterprise License Agreement between the City of Milton and Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems Software MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X December 7, 2020 X X To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on November 25, 2020 for Consent Agenda on the December 7, 2020 Regular City Council Meeting Agenda Item: Approval of an Enterprise License Agreement between the City of Milton and Environmental Systems Research Institute, Inc. (ESRI) for Geographic Information Systems Software _____________________________________________________________________________________ Department Recommendation: IS department recommends approval. Executive Summary: This is a renewal of the three-year Small Government Enterprise Agreement between the City and ESRI for GIS services. The license agreement includes uncapped quantities of certain licenses of GIS software and GIS tools, as well as uncapped self-paced e-learning for staff. Funding and Fiscal Impact: This is a contract renewal of an existing software agreement with ESRI. This is a three-year contract, with the total amount for three years at $117,400. Year two and year three will be invoiced at the contract term date for $39,000. Alternatives: The City’s GIS systems are designed and built upon ESRI’s ARCGIS platform. As the foundational component of the City’s interactive mapping services, both for internal and public uses, the system has a good track record. No alternatives are called for at this time. Procurement Summary: Purchasing method used: Multi Year Contract Account Number: 100-1535-523850105 Requisition Total: $39,400.00 Financial Review: Bernadette Harvill, November 30, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, November 25, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Enterprise License Agreement for Geographic Information Systems Software Quotation # Q-426936 Date: October 19, 2020 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 411990 Contract # ENTERPRISE AGREEMENT City of Milton Information Technology Dept 2006 Heritage Walk Milton, GA 30004-5892 To expedite your order, please attach a copy of ATTENTION:Brock Ryan this quotation to your purchase order.PHONE:(555) 555-5555 Quote is valid from: 10/19/2020 To: 1/17/2021 EMAIL:brock.ryan@cityofmiltonga.us Material Qty Term Unit Price Total 168178 1 Year 1 $35,000.00 $35,000.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 2 $35,000.00 $35,000.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168178 1 Year 3 $35,000.00 $35,000.00 Populations of 25,001 to 50,000 Small Government Term Enterprise License Agreement 168440 1 Year 1 $4,000.00 $4,000.00 ArcGIS GeoEvent Server Populations of 25,001 to 50,000 Small Government Term Enterprise Agreement 168440 1 Year 2 $4,000.00 $4,000.00 ArcGIS GeoEvent Server Populations of 25,001 to 50,000 Small Government Term Enterprise Agreement 168440 1 Year 3 $4,000.00 $4,000.00 ArcGIS GeoEvent Server Populations of 25,001 to 50,000 Small Government Term Enterprise Agreement 157007 8 $50.00 $400.00 ArcGIS Community Analyst Web App Online Term License Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Tyler Nuttall Email: tnuttall@esri.com Phone: (909) 793-2853 x5410 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. NUTTALLT This offer is limited to the terms and conditions incorporated and attached herein. Quotation # Q-426936 Date: October 19, 2020 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 411990 Contract # ENTERPRISE AGREEMENT City of Milton Information Technology Dept 2006 Heritage Walk Milton, GA 30004-5892 To expedite your order, please attach a copy of ATTENTION:Brock Ryan this quotation to your purchase order. PHONE:(555) 555-5555 Quote is valid from: 10/19/2020 To: 1/17/2021 EMAIL:brock.ryan@cityofmiltonga.us Subtotal:$117,400.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$117,400.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Tyler Nuttall Email: tnuttall@esri.com Phone: (909) 793-2853 x5410 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. NUTTALLT This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 September 25, 2020 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-2) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 100 ArcGIS Online Viewers 100 ArcGIS Online Creators 17,500 ArcGIS Online Service Credits 100 ArcGIS Enterprise Creators 3 ArcGIS Insights in ArcGIS Enterprise 3 ArcGIS Insights in ArcGIS Online 10 ArcGIS Tracker for ArcGIS Enterprise 10 ArcGIS Tracker for ArcGIS Online 3 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 3 ArcGIS Utility Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 2 of 6 September 25, 2020 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Approved as to form: _____________________________ City Attorney Page 3 of 6 September 25, 2020 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- Page 4 of 6 September 25, 2020 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 5 of 6 September 25, 2020 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due Page 6 of 6 September 25, 2020 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii)Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. EXHIBIT “A” Agreement Supplement Priority of Supplement: This Supplement is attached to Master Agreement # 325802 (the "Agreement") between the City of Milton, Georgia ("Customer") and Environmental Systems Research Institute, Inc. ("SSRI"). The provisions of the Supplement control over any contrary provisions found in the Agreement and any other agreements into which the Master Agreement is incorporated. 2. Indemnification: To the extent Customer is required to indemnify SSRI pursuant to the Agreement or any document incorporated into the Agreement by reference, Customer agrees to indemnify only to the extent allowed by Georgia law. Statuto Auto -Termination and Renewal: As required by O.C.G.A. § 36-60-13, the Agreement shall terminate absolutely and without further obligation on the part of Customer on December 31 each calendar year of the Term, and the Agreement shall automatical ly renew on January I of each subsequent calendar year of the Term, absent Customer's provision of written notice of non- renewal to SSRI at least thirty days prior to the end of the then -current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any title transfers pursuant to the Agreement) shall remain in ESRI until fully paid for by Customer. Termination does not entitle Customer to any refunds of fees paid. 4. Arbitration: Notwithstanding any contrary language elsewhere, Customer will not be required to participate in arbitration to resolve any dispute arising out of the Agreement. 5. Nondiscrimination: In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of I975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of federal law, ESRI agrees that, during performance ofthis Agreement, ESRI, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, ESRI agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 6. Ethics: ESRI agrees that it shall comply with Esri's Code of Business Conduct and Ethics as found at the following link: Iiil_ N� «_�,ri.� gni abuui--esriicode-of-conduet. ESRI certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the work. ESRI and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or far any City of Milton employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. ESRI and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime contractor or higher tier sub -contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. 7. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and declares that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of this Agreement. S. Sovereign Immunity: Indemnification: Nothing contained in this Agreement shall be construed to be a waiver of Customer's sovereign immunity or any individual's qualified, good faith or official immunities. 9. Com /lance with the Georgia Open Records Act: To the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) and no confidentiality requirement in the Agreement shall impose any obligation inconsistent with the rights and duties created by that Act. Agreed to by: City of Milton (Custome By Joe Lac d, Mayor Attest: 6� Sudie Gordon, City Cler Approved as to form: !! ,, J%�2 Ifl N 1/0iK City Attorney h Institute, Print Name: Chft John"ri ils�er, Cam�rool � �e� Cp�klds Title. Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax. 909-307-3049 DUNS Number: 06-3134175 CAGE Code: 0AMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0811512017 To: 1111312017 Quotation # 2051 3283 ©ate: August 15, 2017 Customer # 411990 Contract # ENTERPRISE AGREEMENT City of Milton Information Technology Dept 13040 [Deerfield Pkwy Ste 107f Alpharetta, GA 30004 ATTENTION: Alicia Newberry PHONE: X678) 242-2515 FAX: Material Qty Description EJnit Price Total 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 35,000.00 License Agreement Year 1 Payment **See Notes** Item Total: 35,000,04 Subtotal: 35,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0,00 Contract Pricing Adjust: 0,00 Total: $35,000.00 **Notes'*" This is a three year contract for the Small Government Enterprise Agreement Program. The total amount for three years is $105,000, year 2 and year 3 will be invoiced at the contract term date for $35,000. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Christie Thiem Email: chi (aesri;corn Phone: (704) 541-9810 x8638 'rhe Items on this quotation are subject to the terms of this quotation and of your signed agreement with Esrl, if appIlcable. €f no such agreement covers any item, then Esri's standard terms and conditions found at http:llwww.asrl.comliegallsoftware- license apply to your purchase of that item. f=ederal government entities and government prime contractors authorized under FAR 5 1. 1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at http:!lwvnv.esri.comllegal/supplemental-terms-and-conditions. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's Offerings. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90474-9076 THIEMC This offer is limited to the terms and conditions incorporated and attached herein. esn Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Esri, 380 New York SI., Redlands, CA 92373-8100 USA • TEL 909.793.2853 • FAX 909-793-5953 SMALL ENTERPRISE AGREEMENT C()i NTl AND MUNICIPALITY GOVERNMENT (E214-2) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. (''Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as fol lows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement, This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products U ncanned_Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, AreGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise optional servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, AreGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcG1S Runtime Analysis Extension Limited 4uantities One (1) annual Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 100 Level 1 ArcGIS Online Named Users 100 Level 2 ArcGIS Online Named Users 17,500 ArcGIS Online Service Credits 100 Level 1 ArcGIS Enterprise Named Users 100 Level 2 ArcGIS Enterprise Named Users 3 Insights for ArcGIS OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier l Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested** 2 Self -Paced e -Learning Uncapped Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) * Maintenance is not provided for these items "Additional sets of backup media may be purchased for a fee Page l ors 03A)312017 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri`s receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Terre of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4 ---Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) JJ By: ---7 Z Authorized SignaturYe__X�I)o4 PrintedName: d� Title: n* V l b?-., Date: e -e• SeD 11— CUSTOMER CONTACT INFORMATION Contact:gt r Telephone: 6119 4- 25 i-05 Address: Gv u>m {C Fax. $ L{f 2-- ?—qq C1 City, State, Postal Code: t.a,c;' Country: U15L__ Quotation Number (if applicable): az5 [.]=L_ E-mail: Ah6 c- . r-} ('a Page 2 of 5 63/03/2017 ADDITIONAi- DEFINITION, In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "License Agreement" means the applicable license agreement for Esri Products incorporated by this reference that is (i) found at ' ! j 0111 I r : and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri license agreement that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support. Product updates, and Product patches provided to Customer during the Term of Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier I Support within Customer's organ ization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier I Support. Customer will receive Tier 2 Support from Esri. Z.()!—ADDITIONAL. GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the term provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Customer. 3.l1—TERN%TERN1INATION. AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Tenn of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. Z.'_ No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. Page 3 o1'5 03JO312017 3.; Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.l)4—i'koDvCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use ail Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions of the License Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at htt : su 7ort.esri.eom en content roductlifec%cles, Updates For Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed during the Term of Agreement, but Customer will not be able to Deploy retired Products. 5.l[)—iN1AlN]L.S N( V The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at htt :, a1}. At Esri's sole discretion, Esri may make patches, not fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier I Support L Customer will provide Tier 1 Support through the Tier I Help Desk to all Customer's authorized users. 2. The Tier I Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial points of contact for all questions and reporting of a Case. The Tier I Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. The Tier I Help Desk may also use any other information and databases that may be developed to satisfactorily resolve the Case. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier l Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer. �. Tier l Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier I Help Desk individuals by written notice to Esri. I). Tier 2 Support i . Tier 2 Support will log the calls received from Tier 1 Help Desk. Tier 2 Support wi I1 review a]I information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. ;. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk, 4. Tier 2 Support wiII attempt to resolve the Case submitted by Tier € Help Desk. �. When the Case is resolved, Tier 2 Support will communicate the information to Tier i Help Desk, and Tier 1 Help Desk will disseminate the resolution to the users). Page 4 of 03/03/2017 6.0—E'SDORS£►1ENIT AND Yt'8l.lt-I I1 This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0--ADMINISTR.aT11 E REQ11RE-NIEVI-S 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0-4)RDERINC. ADMINISTRATIVE PROCH) REti, DELIVER) . AND DEPLOYNIEti t K. I Orders, Delivery, and Deployment h. C. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee before the annual anniversary date for each additional year. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. If requested, Esri will ship backup media to the ship - to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. S.' Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each additional year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. h. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if [mown; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due 9.i1—MERGERS, AC'Qt-ISITIONS, 0R DI EtiTITI'RES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of al I or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 4.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties wii] negotiate a new agreement. 9.2 if an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 'Q This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. if the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 5 of 5 03/03/2017 rrr�s Master Agreement OF OFENCE VhrHFRE Agreement No. 325802 This Master Agreement ("Agreement") is between the entity shown below ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"), a California corporation with a place of business at 380 New York Street. Redlands, California 92373-8100 USA. This Agreement is the sole and entire agreement of the parties as to the subject matter of this Agreement and supersedes any previous agreements, understandings, and arrangements relating to such subject matter. Neither party has relied on any statement, representation, or warranty not expressly stated in this Agreement. The Agreement comprises this signature page, the terms and conditions that begin on the following page, and all referenced attachments and addendums. Additional or conflicting terms in any Ordering Documents exchanged during the ordering process, other than the terms of this Agreement, Product or Service descriptions, quantities, pricing, and delivery instructions are void and of no effect. Any modification(s) or amendment(s) to this Agreement must be in writing and signed by both parties. The parties may sign this Agreement in counterparts or via electronic signatures; such execution is valid even if an original paper document bearing both parties' original signatures is not delivered. This Agreement is executed and effective as of the last date signed below. The authorized representatives of each party accept and agree to the terms of this Agreement by signing below: (Customer)2Z66 ��.366 � W AL Legal Address: /1j 7 � �r7 � 0 �} By: Authorized Sig70, e� Printed Name: t L o G g 4t) Title: 6 Date: 17,e G • �l] " ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE„ LNPI (Esrij_ 380 By: 92373-8100 Printed Name; Orfs Johnson WW & Go+ei�00M Title: Date: /I 7�-117 Customer Contact Information Contact: Telephone: Z4 Z - 2S 5 Address: -Uur> City, State, ZIP: G A Fax: G't 5 2-4 Z - 4 4 `i Email: E204 Page 1 of 25 August 14, 2017 Attachment A contains definitions of capitalized terms used throughout this Agreement. Each section of this Agreement may include additional definitions that are used exclusively within that section. 1.0 GENERAL GRANT OF RIGHTS AND RESTRICTIONS 1.1 Grant of Rights. In consideration of Customer's payment of all applicable fees and in accordance with this Agreement, Esri a. Provides Services and grants to Customer a personal, nonexclusive, nontransferable right to use the Esri Offerings as set forth in the Specifications and applicable Ordering Documents; and b. Authorizes Customer to copy and make derivative works of the Documentation for Customer's own internal use in conjunction with Customer's authorized use of Esri Offerings. Customer will include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors in any derivative work: "Portions of this document include intellectual property of Esri and its licensors and are used under license. Copyright a [Customer will insert the actual copyright date(s) from the source materials.] Esri and its licensors, All rights reserved." The grants of rights in this section {i} continue for the duration of the subscription or applicable Term or perpetually if no Tenn is applicable or identified in the Ordering Documents and {ii} are subject to additional rights and restrictions in this Agreement including Attachment B. 1.2 Consultant or Contractor Access. Customer may authorize its consultants or contractors to (i) host Esri Offerings for Customer's benefit and {ii} use Esri Offerings exclusively for Customer's benefit. Customer will be solely responsible for its consultants' and contractors' compliance with this Agreement and will ensure that each consultant or contractor discontinues use of the Esri Offerings upon completion of work for Customer. Access to or use of Esri Offerings by consultants or contractors that is not exclusively for Customer's benefit is prohibited. 1.3 Reservation of Rights. All Esri Offerings are the copyrighted works of Esri or its iicensors, all rights not specifically granted in this Agreement are reserved. 1.4 Trial, Evaluation, and Beta Licenses. Products acquired under a trial or evaluation license or subscription or under a Beta program are intended for evaluation and testing purposes only and not for commercial use. Any such use is at Customer's own risk, and the Products do not qualify for Maintenance. If Customer does not convert to a purchased license or subscription prior to the expiration of the evaluation term, Customer may lose any Customer Content and customizations made during the evaluation term. If Customer does not wish to purchase a license or subscription, Customer should export such Customer Content before the end of Customer's evaluation period. 1.5 Educational Programs. Customer agrees to use Esri Offerings provided under an educational program solely for educational purposes during the educational use Term. Customer shall not use Products for any Administrative Use unless Customer has acquired an Administrative Use license. "Administrative Ilse" means administrative activities that are not directly related to instruction or education, such as asset snapping, facilities management, demographic analysis, routing, campus safety, and accessibility analysis. Customer shall not use Products for revenue -generating or for-profit purposes. 1.6 Grant Programs. Customer may use Esri Offerings provided under a grant program for noncommercial purposes only, Except for cost recovery of using and operating the Esri Offerings, Customer shall not use Esri Offerings for revenue -generating or for-profit purposes. 1.7 Other Esri Limited -Use Programs. If Customer acquires Esri Offerings under any limited -use program not listed above, Customer's use of the Esri Offerings may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esd's website in addition to the nonconfiicting terms of this Agreement. E204 Page 2 of 25 August 14, 2017 2.0 SOFTWARE 2.1 License Types. Esri licenses Software under the following license types; the Documentation and Ordering Documents identify which license type(s) applies to the ordered Software: a. Concurrent Use License: Customer may install and use the Software on computers) on a network, but the number of simultaneous users may not exceed the number of ficenses acquired. A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support. b. Deployment License: Customer may incorporate ArcG1S Runtime components in Value -Added Applications and distribute the Value -Added Applications to Customer's end users. c. Deployment Server License: Customer may use the Software under a Server License for all uses permitted in the Agreement and as described in the Documentation. d. Development Server License: Customer may use the Software under a Server License only to build and test Value -Added Applications as described in the Documentation. e. Development Use: Customer may install and use the Software to build and test Value -Added Applications as described in the Documentation, f. Dual Use License: Customer may install the Software on a desktop computer and use it simultaneously with either a personal digital assistant (PDA) or handheld mobile computer as long as the Software is only used by a single individual at any time. g. Failover License: Customer may install Software on redundant systems for failover operations, but the redundantly installed Software may be operational only during the period the primary site is nonoperational. Except for system maintenance and updating of databases, the redundant Software installation(s) will remain dormant while the primary site (or any other redundant site) is operational, h. Redistribution License: Customer may reproduce and distribute the Software provided that 1. Customer reproduces and distributes the Software in its entirety; 2. A license agreement that protects the Software to the same extent as this Agreement accompanies each copy of the Software, and the recipient agrees to the terms and conditions of the license agreement; 3. Customer reproduces all copyright and trademark attributions and notices; and 4. Customer does not charge others a fee for the use of the Software. i. Server License: Customer may install and use the Software on a server computer. Server licenses may be subject to a limited number of server cores or distributed deployment on multiple servers as described in the Ordering Documents or Documentation. if the Software description includes failover use, each Server License includes a 1=ailover License. j. Single Use License: Customer may permit a single authorized end user to install and use the Software on a single computer. Customer may permit the single authorized end user to install a second copy for the end user's exclusive use on a second computer as long as only 1 copy of Software is in use at any time. No other end user may use Software under the same license at the same time for any other purpose. k. Staging Server License: Customer may use the Software under a Server License to build and test Value - Added Applications and map caches; conduct user acceptance, performance, and load testing of other third - party software; stage new commercial data updates; and conduct training activities as described in the Documentation. Customer may use Value -Added Applications and map caches with Development and Deployment Servers. 2.2 Permitted Uses a. Customer may 1. Install, access, or store Software and Data on electronic storage device(s); 2. Make archival copies and routine computer backups; & Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed 5 months, provided that the deployment of either version does not exceed Customer's licensed quantity; thereafter, Customer will not use more Software in the E204 Page 3 of 25 August 14, 2017 aggregate than Customer's total licensed quantity. This concurrent use right does not apply to Software provided under a Development License. 4. Move the Software in the licensed configuration to a replacement computer; 5. Distribute to third parties Software and any associated Authorization Codes required for use of a Deployment License; and 5. Use server Software for Commercial ASP Use if Customer has procured a Commercial ASP Use license or is a governmental or not-for-profit organization that operates a website or offers an Internet service on a cost -recovery basis and not for profit. b. Customer may customize Software using any macro or scripting language, APIs, or source or object code libraries but only to the extent that such customization is described in Documentation, c. Customer may use all fonts provided with the Software for any authorized use of the Software. Customer may also use Esri fonts separately to print any output created by the Software. Any use restrictions for third -party fonts included with the Software are set forth in the font file itself. d. Addendum 1 provides Product -specific terms of use for individual Software. Esri may issue updates to Addendum 1 from time to time. 3.0 ONLINE SERVICES 3.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Anonymous Users" means all who have public access (i.e., without having to provide a Named User Credential) to any part of Customer Content or Vaiue-Added Applications. Customer may enable Anonymous Users to access Customer Content or Value -Added Applications by publishing them through the use of the Sharing Tools, included with Customer's authorized use of the Online Services, b. "App Login Credentiallsj" means a system -generated application login and associated password provided when registering a Value -Added Application with ArcGIS Online, which when embedded in a Value -Added Application allows the Value -Added Application to access and use of Online Services. c. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document. d. "Sharing Tools" means publishing capabilities included with Online Services and ArcGlS Website that allow Customer to make Customer Content and Value -Added Applications available to third parties or Anonymous Users, 3.2 Subscription to Online Services. Esri provides Online Services subscriptions under the following terms. Addendum 1 also provides Product -specific terms of use for individual Online Services. 3.3 Access to Value -Added Applications a. Named Users have unique, individual login credentials. Named Users have private access to features of Online Services that are not publicly accessible to Anonymous Users. b. Unless otherwise noted in Addendum 1, Customer may use its Online Services subscription to build a Value - Added Application(s) for internal use by Named Users. c. Customer may transfer Value -Added Applications to any third party for use in conjunction with the third party's own Online Services subscription. d. Customer may not add third parties as Named Users to Customer's Online Services subscription for the purpose of allowing third parties to access Customer's Value -Added Applications. This restriction does not apply to third parties included within the definition of Named Users, e. Customer may not provide a third party with access to ArcGIS Online services enabled through Customer's ArcGIS Online subscription other than through Customer's Value -Added Applications. This restriction does not apply to third parties included within the definition of Named Users. f. Customer may enable Anonymous Users to access Customer's Value -Added Applications running under Customer's own subscription, subject to the following terms: 1. Customer may charge for such access under subscription types that permit use for commercial retail business purposes. E244 Page 4 of 25 August 14, 2017 2. Customer may embed an App Login Credential into Value -Added Applications to enable public use by Anonymous Users but may not embed a Named User Credential. 3. Customer is responsible for all Service Credits consumed in Anonymous Users' use of Customer's Value - Added Applications. 4. Customer is solely responsible for providing technical support for Customer's Value -Added Applications). 5. Customer may not enable Anonymous Users to access Value -Added Applications that are intended for Customer's internal use only; Value -Added Applications used internally require each user to use Named User login credentials. 3.4 Customer's Responsibilities a. Customer is solely responsible for the development and operation of Customer Content and Value -Added Applications and for its Named Users' compliance with this Agreement. Customer and its Named Users or Anonymous Users (if applicable) are the only persons authorized to access Online Services through Customer's subscription, Named Users' login credentials are for designated Named Users only and may not be shared with other individuals. Customer may assign former Named Users' login credentials to new Named Users if the former users no longer require access to Online Services. b. Customer must include attribution acknowledging that its application uses Esri Online Services, if attribution is not automatically displayed through the use of Online Services. Guidelines are provided in the Documentation, 3.5 Modifications of Online Services. Esri may change Online Services and associated APIs at any time, subject to 30 days' notice of material changes and 90 days' notice for deprecations. If any modification, discontinuation, or deprecation of Online Services causes a material, adverse impact to Customer's operations, Esri may, at its discretion, attempt to repair, correct, or provide a workaround for Online Services. if a viable solution is not commercially reasonable, Customer may cancel its subscription to Online Services, and Esri will issue a prorated refund. 3.6 Subscription Fee Changes. Esri may change fees for subscriptions with a term greater than 1 month by notifying Customer at least 60 days prior to expiration of the then -current subscription term. Esri may change monthly subscription fees upon 30 days' notice. Outside the United States, the distributor may provide notice of rate changes, 3.7 Customer Content a. Ownership. Customer retains all right, title, and interest in Customer Content. Customer hereby grants Esri and Esri's vendors or licensors a nonexclusive, nontransferable, worldwide right to host, run, and reproduce Customer Content solely for the purpose of enabling Customer's use of Online Services. Without Customer's permission, Esri will not access, use, or disclose Customer Content except as reasonably necessary to support Customer's use of Online Services, respond to Customer's requests for customer support, or troubleshoot Customers subscription or for any other purpose authorized by Customer in writing. If Customer accesses Online Services with an application provided by a third party, Esri may disclose Customer Content to such third party as necessary to enable interoperation between the application; Online Services, and Customer Content. Esri may disclose Customer Content if required to do so by law or regulation or by order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. It is Customer's sole responsibility to ensure that Customer Content is suitable for use with Online Services and for maintaining regular offline backups using the Online Services export and download capabilities, b. Sharing Customer Content. If Customer elects to share Customer Content using Sharing Tools, then Customer acknowledges that Customer has enabled third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Customer Content through Online Services. Esri is not responsible for any loss, deletion, modification, or disclosure of Customer Content resulting from use or misuse of Sharing Tools or Online Services, Customer Content, ArcG1S Website, Documentation, or related materials. Customers use of Sharing Tools is at Customer's sole risk. Retrieving Customer Content upon Vermination. Upon termination of this Agreement or any trial, evaluation, or subscription, Esri will make Customer Content available to Customer for download for a period of 30 days unless Customer requests a shorter window of availability or Esri is legally prohibited from doing so. E204 Page 5 of 25 August 14, 2017 Thereafter, Customer's right to access or use Customer Content with Online Services will end, and Esri will have no further obligations to store or return Customer Content. 3.8 Limits on Use of Online Services, Service Credits. Each Offline Services subscription includes Service Credits as described in the applicable Ordering Document. Each Service Credit entitles Customer to consume a set amount of Online Services, the amount varying depending on the Oniine Services that Customer is using. As Customer consumes Online Services, Service Credits are automatically debited from Customer's subscription, up to the maximum number of Service Credits available. Customer may purchase additional Service Credits as needed. Esri will notify Customer's subscription account administrator when Customer's Service Credit consumption reaches approximately 75% of the Service Credits allocated to Customer through Customer's subscription, Esri reserves the right to suspend Customer's access to Online Services that consume Service Credits when Customer has consumed all its Service Credits. Esri will promptly restore Customer's access to its Online Services once Customer has purchased additional Service Credits, 4.0 DATA 4.1 Definitions. The following definitions supplement the definitions provided in Attachment A a. "Business listing Data" means any dataset that includes a list of businesses and may include other associated business attributes. b. "Esri Content Packagesy means a digital file containing ArcGIS Online basemap content (e.g., raster map tiles, images, vector data) extracted from the ArcGIS Online basemap services. c. "Street Data" means Data that includes or depicts information about roads, streets, and related features. 4.2 Permitted Uses a. Unless otherwise authorized in writing, Customer may only use Data with the Products for which Esri has provided the Data. b. Customer may include representations of the Data in hard -copy or static, electronic formats (e.g., PDF, GIF, JPEG) in presentation packages, marketing studies, or other reports or documents containing map images or data summaries derived from the use. of Esri Products to third parties subject to restrictions set forth in this Agreement, provided that Customer affixes an attribution statement to the Data representations acknowledging Esri or its applicable licensor(s) as the source of the portion(s) of the Data used for the Data representation. c. Customer may take ArcGIS Online basemaps offline through Esri Content Packages and subsequently deliver (transfer) them to any device for use with licensed ArcGIS Runtime applications and ArcGIS Desktop. Customer may not otherwise cache or download such Data. d. Esri does not acquire any rights in Customer data under this Agreement. 4.3 Use Restrictions a. Customer may not act directly or authorize its customers to cobrand Data, use the Data in any unauthorized service or product, or offer Data through or on behalf of any third party. b. Customer may not use or allow third parties to use Data for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party. c. Business Listing Data. Unless authorized in writing, Customer may not use Business Listing Data for any direct marketing purposes, resale publication, or distribution to any third party as part of any mailing list, directory, classified advertising, or other compilation of information. d. Street Data. Customer may use Street Data for mapping, geocoding, routing, and transportation network analysis purposes. Unless otherwise authorized in writing, Customer may not use Street Data for 1. Real-time navigational guidance, including alerting a user about upcoming maneuvers, such as warning of an upcoming turn or calculating an alternate route if a turn is missed; 2. Synchronized muitivehicle routing; or 3. Synchronized route optimization. E204 Page 6 of 25 August 14, 2017 e. Business Analyst Data. Customer may cache Data provided with ArcGIS Business Analyst Mobile App on a mobile device for use in conjunction with its use of Business Analyst Server, Customer may not otherwise cache or download such Data. f. Partial Dataset Licenses: If Customer orders a subset of a dataset (for example, a country, region, state, or local portion of a global database), Customer may use only the licensed subset, not any other portion of the full dataset. g. Esri MapStudio Data. Customer may create, publicly display, and distribute maps in hard -copy and static electronic format for news -reporting purposes only. 4.4 Supplemental Terms and Conditions for Data. Certain Data licensors require Esri to flow down additional attribution requirements and terms of use to Customer. These terms supplement and amend the terms of this Agreement and are available at www,esri.com/legal/third-garty-data. 5.0 MAINTENANCE US Customers: Esri will provide Maintenance for Software and Online Services in accordance with the Esri Maintenance and Support Program and this Agreement if Customer is in the United States. Customers outside the United States: Customer may obtain maintenance services from their local Esri distributor under the distributor's own standard support policy. 6.0 PROFESSIONAL SERVICES 6.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Invention(s)" means patentable inventions, discoveries, innovations, and improvements, excluding Deliverables, relating to the subject matter of a Task Order. b. "Inventor(s)l" means the parties' principals, employees, consultants, or independent contractors that solely or jointly develop Inventions during Esri's performance under a Task Order. c. "Professional Service Package(s)" means a predefined unit of Professional Services, including travel - related expenses, provided at a firm fixed price. 6.2 Permitted Uses. Customer may use, copy, and modify the Deliverables solely in conjunction with Customer's authorized use of Products. 6.3 Task Orders and Project Schedule a. Esri will provide Professional Services and Deliverables as specified in the Task Order. b. Each Task Order will reference this Agreement and specify the commencement date and, if known, the period of performance. c. Task Orders may have the format shown in Attachment C or any other agreed-upon format. d. Each party will identify, in writing, the project manager who is responsible for the Professional Services and Deliverables describers in Task Orders. By written notice to the other party's technical administrator, either party may replace the project manager at any time with a similarly qualified person. 6.4 Ownership of Deliverables and Inventions a. Esri or its licensors own and retain ownership of the Deliverables. b. Each party will retain title to any Inventions made or conceived solely by its Inventors during the Term of this Agreement, including, but not limited to, such Inventions that Esri's Inventors solely make or conceive while providing technical assistance pursuant to this Agreement. The parties will jointly own any Inventions made or conceived jointly by Inventors from both parties. c. The parties will negotiate in good faith and cooperate reasonably in (i) deciding whether or not to seek or maintain, or to continue to seek or maintain, patent protection in any country on any Invention and the extent and scope of such protection and {ii} protecting and enforcing any patents issued on such Invention. E204 Page 7 of 25 August 14, 2017 6.5 Acceptance a. For Time and Materials Task Orders, Professional Services are provided strictly on a time and materials basis subject to the Task Order not -to -exceed funding limit. The Professional Services provided will be deemed accepted and in compliance with the professional and technical standards of the software industry unless Customer notifies Esri within 10 days after performance, Deliverables produced under a time and materials Task Order will not be subject to acceptance testing. b. For Task Orders with Professional Service Packages. Professional Services that Esri performs under Professional Service Packages will be deemed accepted unless Customer notifies Esri within 10 days after performance. Customer may purchase additional Professional Service Packages as needed to complete Customer's work requirements. c. For Firm Fixed Price Task Orders. Customer will complete its acceptance review within 1 ❑ working days of receiving each Deliverable and classify the Deliverables as follows: "DELIVERABLE ACCEPTED" means a Deliverable conforming to the applicable Task Order with no more than minor nonconformities. "DELIVERABLE ACCEPTED WITH REWORK" means a deliverable substantially conforming to the applicable Task Order but having a significant number of identified nonconformities and accepted subject to rework by Esri. Esri will rework the Deliverable for the identified nonconformities and resubmit it within 30 days. Customer will rerun its acceptance review for the nonconformities detected in the initial review within 10 working days of such resubmission and will reclassify the Deliverable as either DELIVERABLE ACCEPTED or DELIVERABLE REJECTED. "DELIVERABLE REJECTED" means a Deliverable that fails to substantially conform to applicable Task Order(s), Esri will rework the Deliverable and resubmit it to Customer within 30 days, at which time Customer will have 10 working days to rerun its acceptance review and reclassify the deliverable as either DELIVERABLE ACCEPTED or DELIVERABLE REJECTED. Customer may not use any Deliverable in its business operations before acceptance as described in c.1. or c.2. If Customer does not notify Esri in writing within 10 working days after delivery that it has classified the Deliverable as ACCEPTED WITH REWORK or REJECTED in accordance with c.2. or c. 3., or if Customer uses the Deliverable in its business operations, the Deliverable- will be deemed, as of the first of either of these events to occur, to have been accepted. 6.6 Changes. The parties may make changes within the general scope of a Task Order by mutual agreement. To document any agreed -to scope changes within the general scope of the Task Order that affects the cost or time required to provide a Deliverable, the parties will jointly sign a written amendment to the Task Order that includes an equitable adjustment in the price, schedule, or both. 6.7 Customer Termination for Convenience. Customer may terminate any Task Order at any time on 30 days' written notice to Esri and upon payment to Esri of all amounts due to date pursuant to this Agreement, including reasonable expenses incurred as a direct result of the termination and the pro rata contract price for the Task Orders affected. 6.8 Payment; Invoices a, For Time and Materials Task Orders Esri wilt submit to Customer written monthly invoices to the Customer address provided in the Task Order. The invoices will include the payment due for work performed, including travel time, and any other direct costs (0DCs) incurred as authorized under a Task Order, The amount invoiced for labor will be equal to the number of hours expended during the previous month, multiplied by the applicable labor rates. Esri will invoice meals on a per diem basis in accordance with the full daily limits specified on the government General Services Administration (GSA) website at http:llgsa.goy/. Esri and Customer may include hourly labor rates in this Agreement; if the parties elect to do so, Attachment D will identify the hourly labor rates for each labor category. Esri may change hourly iabor rates for Services; any increase E204 Page 8 of 25 August 14, 2017 in the first 5 years will not exceed 5 percent per year. Esri will Invoice ODCs, including travel -related expenses incurred, plus a 15 percent burden. Esri may reallocate the budget between activities, labor categories, and ODCs as necessary to facilitate the work effort, provided the overall price is not exceeded. if Esri reaches the funded not -to -exceed Task Order value and the activities are not completed, Customer may increase the order funding to allow additional work to be performed, or Esri may stop work without further obligation or liability. b. For Professional Service Packages. Esri will submit an invoice for Professional Service Packages on receipt of an agreed-upon Task Order. Esri may, at its sole discretion, stop work to avoid exceeding the total labor hours or number of days allotted in the applicable Professional Service Package description set forth in the applicable scope of work. Professional Service Packages expire if not used within 12 months of the Esri invoice date. C. For Firm Fixed Price Task Orders. Unless otherwise specified in a Task Order, Esri will prepare and submit monthly invoices based on the percentage of completion for each Deliverable as of the and of the preceding month. Upon acceptance of all Deliverables under a Task Order, the unpaid balance of the total Task Order value is due. 6.9 System and Data Access. Each Task Order will specify any requirement for Customer to give Esri personnel access to Customer's systems or data. 7.0 ESRI MANAGED CLOUD SERVICES 7.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "EMCs Environment' means the hardware, Software, Data, and network platform that Esri or its third -party supplier provides as part of FMCS. b. "Hosting" means the business of housing and making accessible Customer Content via the Internet, 7.2 Provision of EMCS a. Requirements Planning. It is Customer's responsibility to plan for and address with Esri changes to Customer's requirements, such as the need for additional capacity, the update of an application or dataset, or increased level of system availability. b. License to Customer Content, during the Term of the Task Order issued under this Agreement, Customer hereby grants to Esri and its subcontractors permission to use Customer Content to support the provision of FMCS. Such permission shall include, but not be limited to, the grant of rights and license to manipulate, publish, distribute, and implement Customer Content within the EMCS Environment in any reasonable manner needed to support the provision of EMCS, c. Compensation and Expenses. Esri will invoice Customer for the one-time setup fee upon Task Carder execution. Thereafter, Esri will invoice Customer monthly for the EMCS to be provided the following month. Customer will pay invoices within 30 days of receipt, Customer is responsible for any shipping or temporary storage costs incurred during the delivery of Customer Content to Esri or removal of Customer Content from the EMCS Environment. d. Risk of Loss. Risk of loss for all Customer Content shall at all times remain with Customer, and it is Customer's sole responsibility to maintain regular backups of Customer Content. Risk of loss for the EMCS Environment shall at all times remain with Esri. e. Personally Identifiable Information. Prior to providing any Customer Content under this Agreement, Customer shall notify Esri if Customer Content includes personally identifiable information, f. Public Software. Customer may not use, and may not authorize its end users to use, any software, documentation, or other material that contains or is derived (in whole or in part) from any software, documentation, or other material distributed as free software, open -source software (e.g., Linux), or other similar licensing or distribution models including, but not limited to, software, documentation, or other material licensed or distributed under any of the following license or distribution models or license or distribution models similar to any of the following: (i) the GNU General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License; (ii) the Artistic License (e.g,, Peri); (iii) the Mozilla Public License (MPL); (iv) the Netscape Public License; (v) the Sun Community Source License (SCSQ; (vi) the Sun Industry E204 Page 9 of 25 August 1'4, 2017 Standards Source License (SISSQ; (vii) the Berkeley Software Distribution (BSD) License; and (viii) the Apache License ("Public Software") in connection with the Customer Content in any manner that requires, pursuant to the license applicable to such Public Software, that any component of the EMCS be (1) disclosed or distributed in source code form, (2) made available free of charge to recipients, or (3) modifiable without restriction by recipients, Monitoring. Customer will provide information and other materials related to its Customer Content as reasonably requested by Esri or its Hosting partner to verify Esri's or Customer's compliance with this Agreement. Esri or its Hosting partner, as applicable, may browse, index, or otherwise monitor the external interfaces of any Customer Content soleiy for the purpose of verifying compliance with this Agreement. 7.3 Takedown or Termination of EMCS. In the event of takedown of Customer Content or upon any expiration or termination of an applicable Task Order while Esri is providing EMCS, Esri will download all Customer Content in Esri's possession to a medium of Customer's choosing and deliver such Customer Content to Customer. Customer will be responsible for any unpaid fees due through the date of termination, 8.0 TRAINING 8.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. "Customer -Supplied Training Data" means any digital dataset(s) including, but not limited to, geographic vector data, coordinates, raster data. reports, or associated tabular attributes supplied by Customer for use in training. b. "Esri Mobile Lab" means Esri equipment consisting of laptops preconfigured with Esri Software, Training Materials, hard drives, power cords, and network switches provided to Customer for use in conjunction with Training. c. "Esri Training Event Assistant" means Customer's primary Esri liaison in organizing private Training events. d. "Student" means a Customer employee or agent who is a registered participant in a specific Training course, Customer coaching services, or training-re€ated services. If Customer is an individual, then Student means Customer. 8.2 Permitted and Prohibited Uses a. Esri provides Training Materials for Training purposes only and for the exclusive use of the Student who attends the training course for which the Training Materials are provided, b. Each Student may run and install 1 copy of Training Materials and reproduce I copy of Training Materials. The Student may make 1 additional copy of the original Training Materials for archive purposes only, unless Esri grants in writing the right to make additional copies. c. Customer may not and may not permit any Student to (i) separate the component parts of the Training Materials for use on multiple systems or in the cloud, (ii) use the Training Materials in conjunction with any other software package, (iii) merge and compile the Training Materials into a separate database(s) or documents for other analytical uses, or (iv) use audio or video recording equipment during a Training course. d. Esri may issue temporary Product authorizations if Customer has an insufficient number of Products available for Training. Customer may use such Products for Training purposes only and under the terms of this Agreement, Customer will uninstall all deployed Products and return any media provided by Esri upon conclusion of the Training event, e. Customer will retain ownership of any Customer-Supp€ied Training Data, 8.3 Esri's Responsibilities Esri will a. Provide an instructor qualified to conduct the Training; b. Provide all necessary Training Materials for Student; and c. Confirm class approximately 10 business days prior to the scheduled start date. Customer site and private classes confirmation is dependent on receipt of the completed Customer site training request farm and intended method of payment. E204 Page 10 of 25 August 14, 2017 8.4 Customer's Responsibilities Customer will a. Ensure that all Students have received confirmation from Esri to participate in an Esri Training event. Unregistered students may not view or participate in an online classroom Training event. Esri reserves the right to disconnect any Student who permits access to an unregistered student; b. Confirm that all Students meet the minimum prerequisites for the applicable Training event as listed on Esri's Training website; c. Submit registrations with a confirmed payment commitment at least 15 business days before the scheduled start date. Esri will not confirm reservations for registrations submitted without payment commitment but will instead add the registration to a waiting list pending payment confirmation. All waiting list reservations are subject to availability; d. Provide the Esri Training Event Assistant with a list of the names and email addresses of any Students who are to attend an event at least 3 business days before the scheduled start date. e. Be responsible for all Student travel arrangements and hold Esri harmless for losses from any nonrefundable travel arrangements due to the denial of Student's participation based on US government export regulation requirements, course scheduling changes, or cancellations; f. For classes held at the Customer -designated facility, complete a client site training request form; consult with Esri personnel to determine classroom, computer, and network requirements; and provide all such required Classrooms, computers, and network access; g. Ensure that Student use of Training Materials provided by Esri complies with the terms of this Agreement; and h. Assume full responsibility for Student attending Training courses] under this Agreement. Customer agrees to indemnify Esri, its officers, directors, and employees for any and all claims, liabilities, and expenses (including reasonable legal fees) arising out of or based on any uncured material breach by Student of the terms and conditions of this Agreement, i. If the Esri Mobile Lab is used, Customer will 1. Immediately report any previously damaged Esri Mobile Lab equipment to the Esri Training Event Assistant upon receipt of the equipment, 2. Keep Esri Mobile Lab equipment in a secure, locked area between Training event sessions. 3. Ensure that only Students use Esri Mobile Lab equipment. 4. Be responsible for loss of, damage to, or theft of Esri Mobile Lab equipment while in Customer's possession. 5. Maintain sufficient insurance coverage to meet obligations created by this Agreement and by law or regulation. 6. Allow the Esri instructor to check all Esri Mobile Lab equipment following the completion of Training. Esri will notify Customer in writing of any damage to Esri Mobile Lab equipment due to Student use, excluding normal wear and tear. Customer will be financially responsible for any repair or replacement of equipment resulting from such damage. 7. Make Esri Mobile Lab equipment available for freight pickup upon the conclusion of the Training event. 8.5 Student Registration and Training Event Change Policy a. Individual Student Seats. Customer will provide written notice to the Esri Customer Service department at service(7a,_esri.com of any Student transfer, cancellation, or substitution requests at least 3 business days before the scheduled start date, 1. Multiple requests and any requests that occur without the 3 business days' advance notice are subject to a fee, as determined by Esri, 2. Cancellation of Student registrations that occurs without the 3 business days' advance notice is subject to the full Training event fee. 3. Any substitute Student must be from the same organization as the Student being replaced. E204 Page 11 of 25 August 14, 2017 b. Customer Site/Private ClasslCoaching Services (Training Event). Customer will provide written notice to Esri Customer Service at sere ce a esriicon of any Training event rescheduling, cancellation, or Student substitution requirements at least 3 business days before the scheduled start date. I, Training event rescheduling and cancellations that occur without the 3 business days' advance notice are subject to the full Training event fee. Customer will be responsible for all of Esri's reasonable travel expenses and shipping costs (including Esri Mobile Lab) for all rescheduled or canceled Training events. 2. Student substitutions that occur without the 3 business days' advance notice are subject to a fee, as determined by Esri. Any substitute Student must be from the same organization as the Student being replaced. c. if cancellation of a Training event is necessary due to causes beyond the party's reasonable control, the affected party is released in full from the 3 -business -day notification requirement. The affected party will either reschedule or cancel the Training without incurring any liability. d. If Esri is unable to conduct the Training on the scheduled date, Esri will notify Customer at least 3 business days before the scheduled start date. e. Esri will not permit any Student who is a resident of a US embargoed country or is listed on any of the various US Government lists of Parties of Concern or Specially Designated Nationals lists to attend the Training event. f. Termination of Agreement. Students who are currently registered for a Training coarse as of the date of termination of this Agreement may attend the scheduled Training, subject to the terms and conditions of this Agreement. 8.6 Invoicing; Prepaid Fees a. Esri will invoice Customer upon completion of each Training course or immediately upon receipt of a purchase order if mutually agreed to by the parties. b. If Customer is invoiced and pays that invoice prior to the scheduled Training event, then Customer has 1 calendar year from the date of the invoice to consume the Training days. For a multiyear order, the Training days must be consumed by the end date specified on the Esri quotation. Thereafter, all prepaid fees are forfeited. 9.0 SSRI ENTERPRISE ADVANTAGE PROGRAM 9.1 Definitions. The following definitions supplement the definitions provided in Attachment A.- a. :a. "Activity Description" means a confirmation email or document received from Customer that confirms the number of Learning and Services Credits that Esri estimates is required to performs an activity and authorizes Esri to begin work based on such estimate. b. "Authorized EEAP Contact" means the Customer point of contact for EEAP identified below. c. "EEAP" means the Esri Enterprise Advantage Program as described in this section. d. "Learning and Services Credits" means credits that Customer may use in exchange for Professional Services, Training, PSS, EMCS, or related travel expenses as described below. e. "Premium Support Services" or "PSS" means a prioritized incident management and technical support program further described at http:l/support. esri.comfenisupportlprerniuM. f. "Technical Advisor" means an Esri advisor assigned to work with Customer to provide Professional Services comprising advising on GIS strategies, facilitating annual account planning, and developing and coordinating a collaborative technical work plan under EEAP. 9.2 EEAP Description. EEAP is provided on an order -by -order, annual subscription basis. EEAP is a menu of Professional Services, Training, PSS, and EMCS that provides Customer with the flexibility to select the components that best meet its needs. The current EEAP is further described at www, es ri. comise rvicesi eeapicomponents, which may be changed from time to time. EEAP includes a. Technical Advisor. Customer will receive up to the number of Technical Advisor hours ordered. Customer may elect to retain additional Technical Advisor hours for a supplemental price. E204 Page 12 of 25 August 14, 2017 b. Annual Account Planning Session. A 1 -day annual account planning and review meeting is included. c. Technical Work Plan. A collaboratively developed document designed to drive the program's implementation through definition of Customer's GIS vision, goals, and objectives. d. Learning and Services Credits. Customer will receive the number of Learning and Services Credits ordered. Customer may use the credits toward any combination of Professional Services, Training, PSS, EMCS or related travel expenses. Customer may order, for an additional price, additional Learning and Services Credits. Learning and Services Credits may be exchanged as described at the following website: www. esn.comiservicesleeaplcomponents#learning. Esri will provide the Authorized EEAP Contact with a monthly report outlining usage of EEAP Learning and Services Credits to date. e. Quarterly Technology Webeast. Esri will provide an email invitation to the Authorized EEAP Contact for a quarterly webcast presenting business and technical information related to enterprise GIS, f. No Development Services. EEAP is not designed for Esri to provide project -specific professional services such as custom application or database development for solutions or applications. If these types of professional services are required, Customer will need to enter into a separate Task Order for Professional Services. 9.3 Authorized EEAP Contact Information. Customer identifies the following person as its initial Authorized EEAP Contact. (to be completed by Customer): Contact Name: of rA.s Y+-0_rr Telephone: - z L(z-- 2�5 15 Address w- i -u cu,,ctc Fax: Zq2-- 2-w fri City, State, ZIP: R • (1 . A coy{ Email: 9.4 Current on Maintenance. Customer must remain current on standard Software Maintenance during the EEAP Term. 9.5 Authorization of Learning and Services Credits Use. Customer will contact its account manager or Technical Advisor to consume Learning and Services Credits for a particular request. Esri will submit to Customer a Learning and Services Credit estimate by email for confirmation and authorization to use the Learning and Services Credits. Customer may authorize the consumption of Learning and Services Credits by submitting an Activity Description. Esri will begin performance and deduct the amount quoted from the unused Learning and Services Credits available. 9.6 Activity Descriptions for EMCS. The Activity Description for EMCS orders must include the following: a. The EMCS term—The time period in which Esri provides the EMCS to Customer. The EMCS term does not begin until setup and deployment of the data and application are complete. b. Targeted system availability—The minimum percentage of time that Customer has external access to the application and associated Customer Content through the Internet. Examples of supported levels of system availability are 95 percent, 99 percent, and 99.9 percent. Not all EMCS offerings include a targeted system availability. c. Number of anticipated requests—A request is made by an end user through a client (e.g., desktop computer, web application, mobile device) and sent to a server(s) that is set up in the EMCS Environment by Esri and performs computational tasks on behalf of the end user. An example of a common request used in a GIS is a map request. A map request is made every time a user parts, zooms, or queries a map service, d. Amount of data storage—The storage capacity required to retain digital data, which is to be used and consumed in Customer GIS applications or Cloud Services. e. Learning and Services Credits Consumption—The price for the EMCS in Learning and Services Credits. The Data storage location may be defined in the Activity Description. E204 Page 13 of 25 August 14, 2017 9.7 Travel and Per Diem Expenses, Any Esri travel and per diem expenses will be quoted separately. Customer may direct Esri to use Learning and Services Credits for travel and per diem expenses, or Customer will issue a purchase order and Esri will invoice Customer for the travel and per diem expenses as set forth in the "Professional Services" section of this Agreement. 9.8 Notification of Consumed Credits. Esri will notify Customer if the authorized Learning and Services Credits are consumed prior to completion of the requested work. Customer may elect to direct the use of additional Learning and Services Credits, if available; procure additional Learning and Services Credits; or notify Esri to stop work on such requested work. Esri reserves the right to stop work if Customer has consumed all of its Learning and Services Credits. 9.9 Review of Proposed Activities. Any activities proposed to be completed under the EEAP will be subject to review and approval by Esri to ensure alignment with the intent of the program. 9.10 Invoicing a. Esri shall invoice Customer as quoted for the EEAP subscription, additional Learning and Services Credits, or Technical Advisor services upon receipt of Customer's order, Subsequently, Esri will invoice annually at least 30 days in advance of the EEAP subscription expiration date. Esri will extend the EEAP subscription for a subsequent annual term upon receipt of Customer's payment of the renewal invoice. Esri will invoice fees for additional Learning and Services Credits or Technical Advisor services upon receipt of Customer's order. b. Pricing for annual program renewals and new or additional Services will be in accordance with Esri's standard pricing at the time of purchase or renewal. 9.11 Termination and Expiration. Upon termination or expiration of an EEAP subscription a. Technical Advisor, annual account planning session, and Activity Description services will end as of the expiration or termination date unless Customer renews its subscription; b. Unless either party terminates the EEAP subscription for cause, Customer may apply any unused Learning and Services Credits toward any Professional Services, Training, PSS, or related travel expenses that are scheduled as of the termination or expiration date, provided that the Learning and Services Credits are used within 3 months after the termination or expiration date. Any other unused Learning and Services Credits will expire 30 days after the expiration or termination date; if Customer renews the EEAP subscription within this time period, any unused Learning and Services Credits will remain valid for up to 2 years from their purchase date or termination of the EEAP agreement, whichever comes first. E204 Page 14 of 25 August 14. 2017 ATTACHMENT A GLOSSARY OF TERMS The following glossary of terms applies to all Esri Offerings and Services that Esri may provide to its customers. Certain Esri Offerings or Services may not be within the scope of this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. "Affiliate" means any entity that directly or indirectly (i) Controls; {ii} is Controlled by; or {iii} is under common Control with a party; where "Control" means having more than 50 percent of the voting stock or other voting interest in the Controlled entity. Esri's distributors are not Affiliates. "API" means application programming interface, "ArcGIS Website" means v_ vvvw.arcgis.com and any related or successor websites. "Authorization Code(s)" means any key, authorization number, enablement code, login credential, activation code, token, user name and password, or other mechanism required for use of Esri Offerings. "Beta" means any alpha, beta, or other prerelease Product. "Cloud Services" means Online Services and EMCS. "Commercial ASP Use" means use as a commercial application service provider, that is, to generate revenue by providing access to Software or Online Services through a Value -Added Application, for example, by charging a subscription fee, service fee, or any other form of transaction fee or by generating more than incidental advertising revenue. "Content" means data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, graphics components, icons, software, and other resources. "Control" means having more than 50 percent of the voting stock or other voting interest in the Controlled entity. "Customer Content" means any Content that Customer provides, uses, or develops in connection with Customers use of Esri Offerings or Services, including Value -Added Applications. Customer Content excludes any feedback, suggestions, or requests for improvements that Customer provides to Esri. "Data" means any commercially available digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes, that Esri bundles with other Esri Offerings or delivers independently. Mel'rverabtes" means anything that Esri delivers to a Customer as a result of pertormance of Professional Services other than Products, Training, or Services performed under EEAP, "Documentation" means all user reference documentation that Esri provides with an Esri Offering. "Esri Managed Cloud Services" or "EMCS" means a Customer -specific cloud infrastructure, Software, Data, and network platform that Esri hosts, manages, and makes available to Customer or Customer's end users via the Internet. "Esri Offering(Sy means any Product or Documentation. If Esri provides Training or Professional Services directly to Customer, then Esri Offerings also include Deliverables provided on a firm -fixed price basis and Training Materials. Esri Offerings exclude Services and Third -Party Content. "GIS" means geographic information system. "Maintenance" means a subscription program that Esri provides and that entitles the Customer to Product updates and other benefits such as access to technical support and to self -paced, web -based learning resources. E204 Page 15 of 25 August 14, 2017 "Malicious Code" means software viruses; worms; time bombs; Trojan horses; or any other computer code, files, denial -of -service, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. "Named User(s)" is Customer's employee, agent, consultant, or contractor to whom Customer has assigned a unique secure named user login credential (identity) enabling access to a Product that requires such identity in order to access identity -managed capabi#ities within a Product for Customer's exclusive benefit. For educational use, Named Users may include registered students. "Named User Credentialts)" means an individual person's login and associated password enabling that person to access and use Products. "Named user License or Subscription" means a license or subscription for use by a single Named User. "Online Services" means any commercially available, Internet -based geospatiai system that Esri provides, including applications and associated APIs for storing, managing, publishing, and using maps, data, and other information. Online Services exclude Data and Content. "Ordering Document(s)" means a sales quotation, Maintenance renewal quote, purchase order, proposal, Task Order, or other document identifying the Esri Offerings, updates, or Services that Customer orders. "Perpetual License" means a license to use a version of the Esri Offering for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Customer as authorized under this Agreement. "Personal Ilse" means personal, noncommercial use by an individual Customer. Personal Use excludes use for the benefit of any third party, including commercial, educational, governmental, or nonprofit entities. "Product(s)" means Software, Data, and Online Services. "Professional Services" means any development or consulting services that Esri provides to Customer. "Sample�sj" means sample code, sample applications, add-ons, or sample extensions of Products. "Service(s)" means Maintenance, If Esri provides EMCS, Training, or Professional Services directly to Customer, then Services also include EMCS, Training, and Professional Services. "Software" means any proprietary commercial off-the-shelf software, excluding Data, accessed or downloaded from an Esri-authorized website or that Esri delivers on any media in any format including backups, updates, service packs, patches, hot fixes, or permitted merged copies, "Specification(s)" means (i) the Documentation for Software and Online Services, (ii) the scope of work set forth in any Task Order, or (iii) Esri's published course descriptions for Training. "Task Order(s)" means an Ordering Document for Services. "Term License" means a license for use of an Esri Offering for a limited time period ("Term"). "Third -Party Content" means any Content that Customer may obtain from a third -party website or that persons other than Esri employees, suppliers, or contractors may directly contribute to Esri's website. "Training" means standard Product training that Esri provides under this Agreement. "Training Materials" means digital or printed content required to complete Training, which may include, but is not limited to, workbooks, data, concepts, exercises, and exams. "Value -Added Applications]" means an application developed by Customer for use in conjunction with the authorized use of any Software, Data, or Online Services. E204 Page 16 of 25 August 14, 2017 ATTACHMENT B GENERAL TERMS AND CONDITIONS The following general terms and conditions apply to all Esri Offerings and Services that Esri may offer to its customers. Certain Esri Offerings or Services may not be available under this Agreement, Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. ARTICLE 1—GENERAL USE RESTRICTIONS Except as expressly permitted in this Agreement, Customer will not a. Sell, rent, lease, sublicense, distribute, lend, time-share, or assign Esri Offerings; b. Use Software for Commercial ASP Use or service bureau purposes; c. Distribute or provide direct access to Esri Offerings to third parties, in whole or in part, including, but not limited to, extensions, components, or DLLs; d. Distribute Authorization Codes to third parties; e. Reverse engineer, decompile, or disassemble any Product or Deliverable delivered in compiled form; f. Make any attempt to circumvent the technological measure(s) that controls access to or use of Esri Offerings; g. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Esri Offerings in violation of Esri's or a third party's rights, including intellectual property rights, privacy rights, nondiscrimination laws, or any other applicable iaw or regulation; h. Remove or obscure any Esri or its licensors' patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Esri Offerings, output, metadata file, or online or hard -copy attribution page of any Data or Documentation; i. Unbundle or independently use individual or component parts of Esri Offerings; j. incorporate any portion of Esri Offerings into a product or service for third -party use that competes with the Esri Offerings; k. Publish or in any other way communicate the results of benchmark tests run on Beta Products without the prior written permission of Esri and its licensors; or I. Use, incorporate, modify, distribute, provide access to, or combine any Esri Offerings in a manner that would subject any part of the Esri Offerings to open -source or open -database license terms that require any part of the Esri Offerings to be I. Disclosed in source code form to third parties; 2. Licensed to third parties for the purpose of making derivative works; or 3. Redistributable to third parties at no charge. These restrictions will not apply to the extent that they conflict with applicable law or regulation. ARTICLE 2—TERM AND TERMINATION This Agreement is effective upon acceptance. Customer may terminate this Agreement or any Esri Offerings license. or subscription at any time upon written notice to Esri. Termination without cause does not entitle Customer to receive any refund of fees paid. Any right to terminate pending Services engagements for convenience is set forth in the applicable section in the body of this Agreement. Either party may terminate this Agreement or any license or subscription for a material breach that is not cured within 30 days of written notice to the breaching party. Upon any termination of this Agreement for breach, Esri will stop providing Services. Any licenses in Esri Offerings that survive termination of this Agreement continue under the terms of this Agreement, If Esri terminates this Agreement following Customer's breach, then Esri may also, at its election, terminate Customer's licenses or subscrfptions in Esri Offerings, If Customer terminates this Agreement for cause or convenience, then Customer may, at its election, also terminate Customer's licenses or subscriptions to Esri Offerings, E204 page 17 of 25 August 14, 2017 Upon any termination of a license or subscription, Customer will a. Stop accessing and using the terminated Esri Offerings; b. Clear any client -side data cache derived from the terminated Cloud Services; and c. Stop using and uninstall, remove, and destroy all copies of affected Esri Offerings in Customer's possession or control, including any modified or merged portions thereof, in any form, and execute and deliver evidence of such actions to Esri or its authorized distributor. Esri may stop performing Services immediately upon written notice to Customer if a bankruptcy or insolvency proceeding is commenced by or against Customer until the trustee cures any existing defaults and provides adequate assurance of future performance under this Agreement. This Agreement terminates upon the insolvency, liquidation, or dissolution of either party. ARTICLE 3—LIMITED WARRANTIES AND DISCLAIMERS 3.1 Limited Warranties. Except as disclaimed below, Esri warrants to Customer that (i) Esri Offerings will substantially comply with the applicable Specifications and (ii) Services will substantially conform to the professional and technical standards of the industry. The warranty period for Esri Offerings and Services offered under a Perpetual License runs for 99 days from the date of delivery, or the date of acceptance if this Agreement provides an acceptance period. The warranty period for Esri Offerings and Services offered under a subscription or term license basis runs for the duration of the subscription or term. 3.2 Special Disclaimer. Third -Party Content; Data; Samples; hot fixes; patches; updates; Online Services provided at no charge; and trial, evaluation and Beta Products are delivered "as is" and without warranty of any kind. 3.3 General Disclaimer. Except for the express limited warranties set forth in this Agreement, Esri disclaims all other warranties or conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights. Esri is not responsible for any nonconformities caused by Customer's modification of any Esri Offering other than as specified in the Documentation. Esrl does not warrant that Esri Offerings, or Customer's operation of the same, will be uninterrupted, error free, fault tolerant, or fail-safe or that all nonconformities can or will be corrected. Esri Offerings are not designed, manufactured, or intended for use in environments or applications that may lead to death, personal injury, or physical property or environmental damage. Customer should not follow any navigational route suggestions that appear to be hazardous, unsafe, or illegal. Any such uses will be at Customer's own risk and cost. 3.4 Disclaimers a. Internet Disclaimer. Neither party will be liable for damages under any theory of law related to the performance or discontinuance of operation of the Internet or to regulation of the Internet that might restrict or prohibit the operation of Cloud Services. b. Third -Party Websifes, Third -Party Content Esri is not responsible for any third -party website or Third - Party Content that appears in or is referenced by Esri Offerings or Esri websites, including www.esri.com and www.arcigis.com. Providing links to third -party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind. 3.5 Exclusive Remedy. Customer's exclusive remedy and Esn's entire liability for breach of the limited warranties in this section will be to replace any defective media and to either (i) repair, correct, or provide a workaround for the applicable Esri Offering or Services or (ii) return the fees paid by Customer for Esri Offerings or Services that do not meet Esri's limited warranties, provided that Customer uninstalls, removes, and destroys all copies of the applicable Esri Offerings; ceases accessing and using the applicable Cloud Services; and executes and delivers evidence of such actions to Esri or its authorized distributor. E204 Page 18 of 25 August 14, 2017 ARTICLE 4 --LIMITATION OF LIABILITY 4.1 Disclaimer of Liability. Neither Customer, Esri, nor any Esri distributor or licensor will be liable for any indirect, special, incidental, or consequential damages, lost profits, last sales, or loss of goodwill, costs of procurement of substitute goods or services; or damages exceeding the applicable license or subscription fees paid or owed to Esri for the Esri Offerings giving rise to the cause of action. 4.2 The limitations and exclusions of liability in the preceding paragraph do not apply to Customer's infringement, misuse, or misappropriation of Esri's or Esri's licensors' intellectual property rights, either party's indemnification obligations, gross negligence, willful misconduct, or violations of the Export Compliance clause of this Agreement or any applicable law or regulation. 4.3 Applicability of Disclaimers and Limitations. Esri or its authorized distributor has set its fees and entered into this Agreement in reliance on the disclaimers and limitations in this Agreement; the fees reflect an allocation of risk that is an essential basis of the bargain between the parties. These limitations will apply whether or not a party is aware of the possibility of any damage and notwithstanding any failure of essential purpose of any exclusive, limited remedy. 4.4 The foregoing disclaimers, limitations, and exclusions may be invalid in some jurisdictions and apply only to the extent permitted by applicable law or regulation in Customer's jurisdiction. Customer may have additional rights that may not be waived or disclaimed. Esri does not seek to limit Customer's warranty or remedies to any extent not permitted by law. ARTICLE 5----fNDEMNIFICATIONS 5.1 Definitions. The following definitions supplement the definitions provided in Attachment A a. "Claim" means any claim, action, or demand by a third party, b. "Indemnitees" means Customer and its directors, officers, and employees, c, "Infringement Claim(s)" means any Claim alleging that Customer's use of or access to Esri Offerings or Services infringe a patent, copyright, trademark, or trade secret. d. "Loss(es)" means out-of-pocket loss, damage award, settlement amount, cost, or expense, including awarded attorneys' fees. 5.2 Infringement Indemnity a. Esri will defend and hold all Indemnitees harmless from any Infringement Claim and indemnify any Loss arising out of an Infringement Claim as set forth in the following paragraphs. b. If Esri determines that an Infringement Claim is valid, Esri may, at its expense, either (i) obtain rights for Customer to continue using the Esri Offerings or Services or (ii) modify the Esri Offerings or Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, Esri may terminate Customer's right to use the Esri Offerings or Services and will refund any (a) license tees that Customer paid for the infringing Esri Offerings or Services acquired under a Perpetual License, prorated on a 5 -year, straight-line depreciation basis beginning from the initial date of delivery or (b) unused portion of fees paid for Term Licenses, Subscriptions, .and Maintenance. c. Esri has no obligation to defend an Infringement Claim or to indemnify Customer to the extent the Infringement Claim arises out of (i) the combination or integration of Esri Offerings or Services with a product, process, system, or element that Esri has not supplied or specified in the Specification, (ii) alteration of Esri Offerings or Services by anyone other than Esri or its subcontractors; (iii) compliance with Customer's specifications; or (iv) use of Esri Offerings or Services after Esri either provides a modified version to avoid infringement or terminates Customer's right to use the Esri Offerings or Services. 5.3 General Indemnity. Esri will defend and hold all Indemnitees harmless from, and indemnify any Loss arising out of, any Claim for bodily injury, death, or property damage (excluding databases not covered under a reasonable backup program) brought against any of the indemnified parties to the extent arising from any E204 Page 19 of 25 August 14, 2017 negligent act or omission or willful misconduct by Esri or its directors, officers, employees, or agents performing Services while on Customer's site. 5.4 Conditions for Indemnification. As conditions for indemnification, Indemnitee will (i) promptly notify Esri in writing of the Claim, (ii) provide all available documents describing the Claim, (iii) give Esri sole control of the defense of any action and negotiation related to the defense or settlement of any Infringement Claim, and (iv) reasonably cooperate in the defense of the Infringement Claim at Esri's request and expense. 5.5 This Section sets forth the entire obligation of Esri, its authorized distributor, and its licensors regarding any Claim for which Esri must indemnify Customer. ARTICLE 6—INSURANCE If Esri is providing Services, Esri will carry, at a minimum, the following coverage- a. Comprehensive general liability or commercial general liability with a minimum coverage of $1,000,000.00 combined single limit per occurrence for bodily injury, including death, and property damage liability to include the following: 1. Premises and operations; 2. Blanket contractual liability; 3. Broad form property damage; 4. Independent contractors; 5. Personal injury, with employee exclusion deleted; and 6. Completed operations. b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. ARTICLE 7—SECURITY AND COMPLIANCE 7.1 Security. Esri publishes its security capabilities at "tt�rloc-arcgis.com/eri/trust.secLirity/security- overview.htm. Customer may give Esri personnel access to Customer systems or to Customer or third -party personal information, controlled information, or sensitive data if access is essential for Esri's performance of Services and if Esri expressly agrees to such access. Esri will use reasonable administrative, technical, and physical safeguards to protect such data and guard against unauthorized access. Customer bears responsibility to (i) confirm that Esri's published security and privacy controls meet all applicable legal requirements for protection of Customer Content and (ii) upload or share Customer Content through Cloud Services only when it is legal to do so. Esri is not responsible to review Customer Content to ensure compliance with applicable laws and regulations. Customer must contact Esri at securesupportaesri.com for further instruction before providing any Customer Content that requires security measures other than Esri's published security capabilities. 7.2 Malicious Code. Esri will use commercially reasonable efforts to ensure that Esri Offerings will not transmit any Malicious Code to Customer. Esri is not responsible for Malicious Code that Customer introduces to Esri Offerings or that is introduced through third -party Content. 7.3 Export Compliance. Each party will comply with all applicable export laws and regulations, including the US Department of Commerce's Export Administration Regulations (EAR), the US Department of State's International Traffic in Arms Regulations (ITAR), and other applicable export laws. Customer will not export, reexport, transfer, release, or otherwise dispose of, in whole or in part, or permit access to or transfer or use of Services or Esri Offerings to any United States embargoed countries or denied entities or persons except in accordance with all then -current applicable US government export laws and regulations. Customer will not export, reexport, transfer, or use Services or Esri Offerings for certain missile, nuclear, chemical, or biological activities or end uses without proper authorization from the US government. Customer shall immediately notify Esri in writing if any US government entity or agency denies, suspends, or revokes Customer's export privileges. Customer will not upload, store, or process in Cloud Services any Customer Content that (i) has an Export Control Classification E204 Page 20 of 25 August 14, 2017 Number (ECCN) other than EAR99 or (ii) is controlled for export from the United States under ITAR. Customer will notify Esri in advance if Esri's performance of any Services or provision of any Esri Offerings is related to any defense article, defense service, or technical data, as defined under the ITAR Sections 120.6, 120,9, and 120. 10. respectively; Esri will not perform any such Services or provide any such Esri Offerings until Esri obtains any necessary export license from the US government, Customer will reasonably assist Esri in applying for and obtaining an export license if needed. ARTICLE 8—CLOUD SERVICES 8.1 Prohibited Uses. Customer shall not provide Customer Content or otherwise access or use Cloud Services in a manner that a. Spams, spoofs, or phishes email; transmits junk email or offensive or defamatory material; or stalks or makes threats of physical harm; b. Stores or transmits any Malicious Code; c. Violates any law or regulation; d. Infringes or misappropriates the rights of any third parry; e. Probes, scans, or tests the vulnerability of Cloud Services or breach any security or authentication measures used by Cloud Services; or f. Benchmarks the availability, performance, or functionality of Cloud Services for competitive purposes. 8.2 Service Interruption. System failures or other events beyond Esri's reasonable control may interrupt Customer's access to Cloud Services. Esri may not be able to provide advance notice of such interruptions. 8.3 Removal of Customer Content. Esri may remove or delete Customer Content if there is reason to believe that uploading Customer Content to or using it with Cloud Services materially violates this Agreement. If reasonable under these circumstances, Esri will notify Customer before removing Customer Content. Esri will respond to any Digital Millennium Copyright Act takedown notices in accordance with Esri's copyright policy, available at www. esn.comllegalldmca policy. 8.4 Service Suspension. Esri may suspend access to Cloud Services (i) if Customer materially breaches this Agreement and fails to timely cure the breach; (ii) if Esri reasonably believes that Customer's use of Cloud Services will subject Esri to immediate liability or adversely affect the integrity, functionality, or usability of the Cloud Services; (iii) for scheduled maintenance; (iv) to enjoin a threat or attack on Cloud Services; or (v) if Cloud Services become prohibited by law or regulated to a degree that continuing to provide them would impose a commercial hardship. When feasible, Esri will notify Customer of any Cloud Services suspension beforehand and give Customer reasonable opportunity to take remedial action. Esri is not responsible for any damages, liabilities, or losses that may result from any interruption or suspension of Cloud Services or removal of Customer's content as described above. 8.5 Notice to Esri. Customer will promptly notify Esri if Customer becomes aware of any unauthorized use of Customer's subscription or any other breach of security regarding Cloud Services. ARTICLE 9—GENERAL PROVISIONS 9.1 Payment. Customer will pay each correct invoice no later than 30 days after receipt and will remit payment to the address stated on the invoice. Customers outside the United States will pay the distributor's invoices in accordance with the distributor's payment terms. 9.2 Feedback. Esri may freely use any feedback, suggestions, or requests for Product improvement that Customer provides to Esri. 9.3 Patents. Customer may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is based on or incorporates any Products. This express prohibition on patenting will not apply to Customer's software and technology except to the extent that Products, or any portion thereof, are part of any claim or preferred embodiment in a patent application or a similar application. E204 Page 21 of 25 August 14, 2017 9.4 Restrictions on Solicitation. Neither party will solicit for hire any employee of the other party who is associated with the performance of Services during the performance of the Services and for a period of 1 year thereafter. This does not restrict either party from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.5 Taxes and Fees; Shipping Charges. Fees that Esri quotes to Customer are exclusive of any and all applicable taxes or fees including, but not limited to, sales tax, use tax, or value-added tax {VAT}; customs, duties, or tariffs; and shipping and handling charges. For Customers outside the United States, the distributor may quote taxes or fees in accordance with its own policies. 9.6 Compliance Review. Customer will keep accurate and complete records and accounts pertaining to its compliance with its obligations under this Agreement. Esri or its authorized distributor may conduct a compliance review of these records and accounts with no less than 14 business days' written notice or may appoint an independent third party to conduct such a compliance review on its behalf. Customer will promptly correct any noncompliance identified during the compliance review. Neither Esri nor Esri's distributor may conduct a compliance review of Customer within 12 months after the conclusion of any prior compliance review that does not reveal any material Customer noncompliance. 9.7 No Implied Waivers. The failure of either party to enforce any provision of this Agreement is not a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 9.8 Severability. if any provision of this Agreement is held to be unenforceable for any reason, {i} such provision will be reformed only to the extent necessary to make the intent of the language enforceable, and (ii) all other provisions of this Agreement will remain in effect. 9.9 Successor and Assigns. Customer will not assign, sublicense, or transfer Customer's rights or delegate Customer's obligations under this Agreement without Esri's and its authorized distributor's prior written consent, and any attempt to do so without consent will be void, This Agreement will be binding on the respective successors and assigns of the parties to this Agreement. Notwithstanding, a contractor under contract to the government to deliver Products may assign this Agreement and Products acquired for delivery to its government customer upon written notice to Esri, provided the government customer assents to the terms of this Agreement. Upon mutual agreement, Esri's Affiliates may provide Services under the terms of this Agreement; in such cases, the Ordering Documents will identify the Affiliate as the party that provides the Services. 9.10 Survival of Terms. The Glossary of Terms and provisions of the following Articles of these General Terms and Conditions will survive the expiration or termination of this Agreement: "Limited Warranties and Disclaimers," "Limitation of liability, Indemnifications, and General Provisions.' 9.11 US Government Customer. The Products are commercial items, developed at private expense, provided to Customer under this Agreement. If Customer is a US government entity or US government contractor, Esri licenses or provides subscriptions to Customer in accordance with this Agreement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202. Esri Data and Online Services are licensed or subscribed under the same DFARS Subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS. Products are subject to restrictions, and this Agreement strictly governs Customer's use, modification, performance, reproduction, release, display, or disclosure of Products. Agreement provisions that are inconsistent with federal law regulation will not apply. A US government Customer may transfer Software to any of its facilities to which it transfers the computer(s) on which it has installed such Software, If any court, arbitrator, or board holds that a US government Customer has greater rights to any portion of the Products under applicable public procurement law, such rights will extend only to the portions affected. Online Services are FISMA-Law authorized but do not meet higher security requirements including those found in DFARS 252.239-7010. 9.12 Governing Law. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. a. Government Entities. If Customer is a government entity, the applicable laws of Customer's jurisdiction govern this Agreement. E204 Page 22 of 25 August 14, 2017 b. Non-government Entities. US federal law and the law of the State of California exclusively govern this Agreement, excluding their respective choice of law principles. 9.13 Dispute Resolution. The parties will use the following dispute resolution processes: a. Equitable Relief. Either party will have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition for relief. b. US Government Agencies. This Agreement is subject to the Contract Disputes Act of 1978, as amended (41 USC 601--613). c. Other Government Entities. Esri will comply with mandatory dispute resolutions under applicable law. d. Arbitration. Except as noted above, the parties will submit to binding arbitration to resolve any dispute arising out of or relating to this Agreement that cannot be settled through negotiation. If Customer is in the united States or one of its territories or outlying areas, the Commercial Arbitration Rules of the American Arbitration Association will govern the arbitration proceedings. If Customer is outside the United States, the Rules of Arbitration of the International Chamber of Commerce will govern the proceedings. The parties will select a single arbitrator in accordance with the applicable arbitration rules. The language of the arbitration will be English. Arbitration will be at an agreed-upon location, Either party will, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute. 9.14 Farce Majeure. A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond the party's reasonable control. Such causes may include, but are not limited to, acts of God, war, strikes, labor disputes, cyber attacks, laws, regulations, government orders, or any other force majeure event. 9.15 Independent Contractor. Esri is and at all times will be an independent contractor. Nothing in this Agreement creates an em ployerfemployee, principal/agent, or joint venture relationship between Esri or its authorized distributor and Customer. No party has any authority to enter into contracts on behalf of another party or otherwise act on behalf of another party. 9.16 Notice. Customer may send notices required under this Agreement to Esri at the following address: Environmental Systems Research Institute, Inc. Attn: Contracts & Legal Department 380 New York Street Redlands, CA 92373-8100 USA Tel.: 909-793-2853 Email: ralN :s E204 Page 23 of 25 August 14, 2017 ATTACHMENT C SAMPLE TASK ORDER Esri Agreement No. Task Order No. In accordance with the terms and conditions of the above -referenced Agreement between Environmental Systems Research Institute, Inc. ("Esri"), and („Customer"), ("Customer Address"), this Task Order authorizes preparation and provision of the Deliverables described and in accordance with the terms, schedule, and start/end dates) specified below. 1. Scope of Work: [Rs applicable, specifically identify and describe Deliverables including custom code, reap data, and technical data (including technical assistance) and the resources to be provided by Customer (including Customer -supplied personnel, software, hardware, and digital or hard -copy data), and place of delivery and location where technical assistance will be provided.) In addition to the foregoing, Customer agrees that its employees, representatives, and subcontractors will cooperate and communicate with Esri during performance of this Task Order. Without cost to Esri, Customer shall provide, allow access to, or assist Esri in obtaining all data Esri requests for performance of this Task Order, including, but not limited to, (1) copies of previously prepared reports, snaps, plans, surveys, records, and other documents in the control or possession of Customer and (2) copies of ordinances, codes, regulations, or other governmental documents. 2. Contract Type: [Firm Fixed Price (FFP) or Time and Materials (T&M)]: 3. Tota} Task Order Value (if FFP) or Not -to -Exceed Value (if T&M): 4. Customer Address for the Receipt of Esri Invoices: 5. Delivery Schedule or Start/End Date(s) for Each Deliverable: 6. Special Considerations: 7, Esri Project Manager: [insert name, telephone, fax, and email address] Esri Senior Contract Administrator: [insert name, telephone, fax, and email address] Customer Project Manager: [insert name, telephone, fax, and email address] Customer Senior Contract Administrator: [insert name, telephone, fax, and email address] Customer Accounts Payable Contact: [insert name, telephone, fax, and email address] ACCEPTED AND AGREED: [sample only --do not sign] (Customer) Signature: _isample only—do not „sian7 Printed Name: Title: ©ate ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) Signature: _s—ample onl --do not sl n Printed Name: Title: Date: E204 Page 24 of 25 Roust 14, 2017 ATTACHMENT D TIME AND MATERIALS RATE SCHEDULE See Quotation for Pricing. E204 Page 25 of 25 August 14, 20W Addendum ISCI � hl I 5ClECE OF 4$esn Product-Specific Terms of Use WHERE SOFTWARE The following list identifies additional terms of use that apply to specific Software. Each Product listing identifies one or more footnotes that apply to that Product. These footnotes supplement the terms of this Agreement. The definitions for each footnote follow the fist. Unless otherwise noted in the applicable Ordering Document, extensions to Software follow the same scope of use as that granted for the corresponding Software. Desktop Products • ArcGIS Desktop (Advanced, Standard, or Basic) (26) • ArcGIS Earth (65) • ArcGIS Explorer Desktop (20) • ArcGIS for AutoCAD (20) • ArcPad (13) • ArcReader (20) • ArcGIS for Windows Mobile (15; 54) • ArcGIS for Personal Use (3, 26) Server Products • ArcGIS Enterprise — Basic (17) — Standard or Advanced (17; 21; 31) — Workgroup Standard or Advances! (21; 28; 29; 30) — ArcGIS GES Server (Standard or Advanced) (31) — ArcGIS GIS Server Basic (39) -- ArcGIS GIS Server Workgroup (Standard or Advanced) (2B; 29; 30) — ArcGIS GIS Server Workgroup Basic (39) — ArcGIS GIS Server Extension w- ArcGIS for Maritime: Server (2) -- ArcGIS Image Server, ArcGIS GeoEvent Server, ArcGIS GeoAnalytics Server (4) • Esri Business Analyst for Server Workgroup (28; 29; 3.0; 31; 39) — Enterprise (31; 39) World Geocoder for ArcGIS (67) Developer Tools • AppStudio for ArcGIS Standard (11, 16, 19) • ArcGIS Runtime SDK for And roid,'OS , Java, macOS, .NET, Windows Phone), Qt, or WP (16; 19) • ArcGIS Runtime Basic Level for Android, 10S, Java, Mac OS X, Microsoft .NET Framework (Windows [desktop], Windows Phone, Windows Store), Qt, or WPF (1) • ArcGIS Runtime Basic, Standard, Advanced Levels ansa the Analysis Extension for Android, 0S, Java, Mac OS X, Microsoft .NET Framework (Windows [desktop}, Windows Phone, Windows Store), Qt, or WP (15; 18) • ArcGIS Engine Developer Kit and Extensions (16, 19; 22, 26) = ArcGIS Engine for Windows/Linux and Extensions (15; 22; 26) ArcGIS Web Mapping (including ArcGIS API for JavaScript/HTML5, ArcGIS API for Flex, ArcGIS API for Microsoft Silverlight) (15; 15; 64; 65) • ArcGIS Developer Subscription (24; 26) EsrE File Geodatabase API (47) Mobile • Navigator for ArcGIS (14) Footnotes: 1. May not be used to edit an enterprise geodata base via Direct Connect, 2. Not for use in navigation. E300 Page 1 of 4 August 14, 2017 3. Licensed for personal Use only. 4. When used with ArcGIS Enterprise Workgroup -- Limited to 1 four -core server, — Can be installed on a separate machine. 5--10. Reserved. 11. Applications built with AppStudio for ArcGIS Standard are subject to the terms of use for ArcGIS Runtime Standard Level. 12. Reserved. 13. Licensed as a Dual Use License. 14. May be used for navigational purposes. 15. Licensed as a Deployment License. 16. Customer may use the SDKs or APIs to create Value -Added Applications and distribute and license those Value -Added Applications to its end users to use anywhere not prohibited under export regulation. 17. Customer shall not redistribute Oracle JDBC Driver or its documentation that is included with this Product. Oracle is a third -party beneficiary of this Agreement. 18. The Deployment License is per Value -Added Application per computer for stand-alone applications. 19. License may not be used to develop Internet or server -baser} Value -Added Applications. 20. Licensed as a Redistribution License. 21. Customer may build Value -Added Applications for use by Customer's Named Users. Customer may not (i) embed Named User Credentials in Value -Added Applications or {il} embed or use App Login Credentials in Value -Added Applications. Customer may permit (a) pubfic access to Value -Added Applications without credentials or (b) access using unique, individual Named User login credentials. 22, a. An end user must acquire a license in either ArcGIS Engine for Windows/Linux Software or other ArcGIS Desktop Software (Basic, Standard, or Advanced) to obtain the right to run an ArcGIS Engine application on 1 computer; and b. The ArcGIS Engine for Windows/Linux extensions shall not be used: in combination with ArcGIS Desktop Software to run ArcGIS Engine Value -Added Applications. A single user can have multiple ArcGIS Engine Value -Added Applications installed on 1 computer for use only by that end user. 23. Reserved, 24. Software may be used only for the purposes of development, testing, and demonstration of a prototype Value -Added Application and creating map caches. Customer may use Value -Added Applications and map caches with ArcGIS Enterprise Staging Server Licenses and Deployment Server Licenses. Software and Data may be installed on multiple computers for use by any ArcGIS Developer Subscribers with Builder or higher plan subscriptions; all other Software is licensed as a Single Use License. 25, Reserved. 25, The geodatabase is restricted to 10 gigabytes of Customer's data. 27. Reserved, 28, Use is limited to 10 concurrent end users of applications other than ArcGIS Enterprise Workgroup or ArcGIS GIS Server Workgroup applications. This restriction includes use of ArcGIS Desktop Software, ArcGIS Engine Software, and third -party applications that connect directly to any ArcGIS Enterprise Workgroup or ArcGIS GIS Server Workgroup geodatabase. There are no limitations on the numbar of connections from web applications. 29. Software requires a supported version of SQL. Server Express. Supported versions are listed with the system requirements for the product on the Esri website. 30. Use is restricted to a maximum of 10 gigabytes of Customer's data. 31. Includes a Failover License, 32. Reserved. 33-38. Reserved. 39. Any editing functionality included with ArcGIS GIS Server is not permitted for use with ArcGIS GIS Server Basic and ArcGJS GIS Server Workgroup Basic. 40-46. Reserved. 47. Customer may develop and distribute Value -Added Applications that use Esri File Geodatabase RPI to Customer's end users. 48-53. Reserved. E300 Page 2 of 4 August 14, 2017 54. ArcGIS for Windows Mobile deployments are licensed for use with ArcGIS Enterprise (Advanced or Standard), ArcGIS Enterprise Workgroup (Advanced), ArcGIS Desktop (Advanced, Standard, Basic), and ArcGIS Engine Value -Added Applications, 55-63. Reserved. 64. Value -Added Applications for web deployment must be used in conjunction with other Esri Products. Third -party technologies may also be used in conjunction with Value -Added Applications as long as the Value -Added Applications are always used in conjunction with other Esri Products). 65. May only be used in conjunction with other Esri Product(s). Third -party technologies may also be used in conjunction with ArcGIS Earth as long as ArcGIS Earth is always used in conjunction with other Esri Products. 66. For desktop applications, each license is per organization. For the purposes of this license, organization is equivalent to a principal registered unique domain identifier. Domain is the Internet domain name registered with a domain name registrar. For instance, in example.com, example.com is the registered unique domain identifier. Similarly, in example.com.xx, where xx is a registered country code, example.com.xx is the registered unique domain identifier. Desktop applications can be used by any employee of the organization with the principal registered unique domain identifier. There is no limit to the number of applications that can be built and deployed within an organization. 67. Limited to 250,000,000 geocodes per annual subscription. E300 Page 3 of 4 August 14, 2017 ONLINE SERVICES The following list identifies additional terms of use that apply to specific Online Services, Each Product listing identifies one or more footnotes that apply to that Product. The definitions for each footnote follow the list. Unless otherwise noted in the applicable Ordering Document, extensions to Software follow the same scope of use as that granted for the corresponding Software. ArcGIS Online developer deployment subscriptions are available through multiple selling programs: — Commercial Retail, enterprise agreements, and Government Programs + Free Subscription (1; 9; 10; 13; 16) + Paid Subscription (1; 9; 10; 11; 13) — Education Programs (Free or Paid Subscriptions) (1; 3; 4; 5; 6; 9; 10; 13; 16) — NGOINPO, Press/Media Programs (Free or Paid Subscription) (1; 3; 4; 5; 6; 9; 10; 13; 16) ArcGIS Online subscriptions are available through multiple Selling Programs: — Commercial Retail, EAs; and Government Programs (1; 2; 3; 11; 12; 14; 17) — Education Programs (1; 2; 14; 16; 17) — Non-profit Programs (1; 2; 14; 16; 17) Public Plan — Commercial Retail; enterprise agreements; Government; NGOJNPO; Press/Media Programs (1; 4; 5; 6; 7; 9; 10; 15; 16) — Education Programs (1; 4; 5; 6; 7; 9, 10; 15; 16) Footnotes; I. Customer may not store the geocoded results generated by World Geocoding Service without an ArcGIS Online subscription. Customer may use the data accessible through Infographics Service for display purposes only and may not save any data accessible through this service. 2. May be used for any business purpose of Customer's organization. 3. May be used for development and test purposes for Customer's organization. 4. May be used for teaching purposes in educational organizations, 5. May be used for the benefit of Customer's qualified NGOINPO organization. 6. May be used for the benefit of press or media organizations, 7. May be used for personal use, S. Reserved 9. Customer may enable third -party use of Value -Added Applications only by publicly sharing using Sharing Tools. Customer may not use this subscription to power a Value -Added Application for its own business use unless Customer is an educational institution using the Value -Added Application for teaching purposes only, a qualified NGOINPO organization, or a media or press organization, 10. Customer is not permitted to create private groups or participate in any private groups. 11. Customer may make Value -Added Applications available to third parties for a fee. 12. Customer may use this subscription to create or participate in private groups. 13. Each subscription is limited to 1,000,000 geosearch transactions per month in conjunction with Customer's subscription, Transactions include both basemap data and geocode search transactions. One geocode search transaction is equivalent to one address or place, if the results are stored in any manner such as after batch geocoding, the stored results are not counted toward the transaction limit. However, storage does consume Service Credits, 14. Each subscription is limited to 50,000,000 geosearch transactions in any 12 -month period. One geocode search transaction is equivalent to one address or place. If the results .are stored in any manner such as after batch geocoding, the stored results are not counted toward the transaction limit. However, storage does consume Service Credits. 15. May permit registered students of an education institution to directly access the Online Services and share a single subscription between more than 1 registered student for teaching purposes only. 16. Customer may not make Value -Added Applications available to third parties for a fee. 17. A Named User may embed its Named User Credential in an ArcGIS API for Python script solely for the purpose of automating a workflow to be used exclusively by the Named User whose Named user Credential is embedded in the script. E300 Page 4 of 4 August 14, 2017 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Honoring Jack O’Brien Burke for His Efforts to Cure Neurofibromatosis (NF) MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X Honoring Jack O’Brien Burke for his efforts to cure NF WHEREAS, 1 in about every 3,000 people born have neurofibromatosis (NF), a genetic disorder associated with the growth of tumors on nerves in the brain, on the spinal cord, on skin and other parts of the body; and WHEREAS, this condition, commonly known as NF, can also contribute to blindness, deafness, stunted growth, disabling pain and other symptoms; and WHEREAS, NF affects people of all races, genders, ethnicities and regions – including right here in Milton; and WHEREAS, one of those so diagnosed is Jack O’Brien Burke, a 15-year-old student at Cambridge High School in Milton; and WHEREAS, in addition to battling NF since his early childhood, Jack and his family launched a non-profit, CureNFwithJack, aimed at “accelerating medical research, driving community action and raising funds to end NF”; and WHEREAS, this foundation has raised millions of dollars in the past decade to support this cause, while Jack has been an inspiring public speaker, educator and voice in the community; and WHEREAS, The Children’s Tumor Foundation, at an event headlined by Emmylou Harris and Gavin DeGraw, recently honored Jack with its National Humanitarian Award for CureNFwithJack’s extensive efforts; and WHEREAS, Jack O’Brien Burke – who his mother Beth said “has NF but NF doesn’t have him” is a fighter, a role model and an inspiration for people young and old everywhere, especially in his hometown of Milton. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate and proclaim December 7, 2020 as Jack O’Brien Burke CURE NF Day in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 7th day of December 2020. ________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing City of Milton Employee Appreciation Week MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X City of Milton Employee Appreciation Week WHEREAS, City employees work tirelessly every day to enhance the quality of life of Milton citizens; and WHEREAS, they are integral parts of the community as reliable, effective and caring public servants; and WHEREAS, City employees provide vital services that help make Milton one of the best places to live anywhere; and WHEREAS, these employees reflect on what’s happened in the past, work intently to ensure things function well in the present, and plan well for Milton’s future; and WHEREAS, their efforts are appreciated greatly by citizens, community leaders, and elected officials; and WHEREAS, City leaders want to formally express their gratitude for employees’ diligent, important and often difficult work over the course of what’s been a historic and challenging year. NOW, THEREFORE, we, as Milton’s Mayor and City Council, hereby proclaim the week of December 7, 2020 as City of Milton Employee Appreciation Week. We urge all who live, work and play here to recognize City employees outstanding contributions on their behalf, especially during this challenging year. Given under my hand and Seal of the City of Milton this 7th day of December, 2020. ________________________________ Mayor Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Article VIII of Chapter 2, Sec. 2-858 – Solicitation or Acceptance of Gifts, of the Code of the City of Milton, Georgia MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on November 17, 2020, for the December 7, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Article VIII of Chapter 2, Sec.2-858-Solicitation or acceptance of gifts, of the Code of the City of Milton, Georgia Department Recommendation: Approval. Executive Summary: This is an update and revision to the ethics code regarding the occasional gift in excess of $101.00. This revision specifically updates the ordinance regarding gifts to Public Safety Employees. This ordinance section change will allow gifts so long as the circumstances surrounding conveyance and receipt of the gift are consistent with other sections of this ordinance and state law, that the gift is made by an organization whose primary purpose is charitable in nature and the gift is intended to provide assistance or relief to the identified employee. Also, any such gift will require an advanced written approval from the affected employee’s department head (Police Chief or Fire Chief) and the City Manager. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Ken Jarrard, Jarrard and Davis (October 28, 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision Page 1 of 1 Page 1 of 3 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINACE TO AMEND ARTICLE VIII OF CHAPTER 2, ETHICS CODE, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of it s citizens; and WHEREAS, Article VIII of Chapter 2 of the City of Milton Code of Ordinances regulates the acceptance of gifts by city officials, officers, and employees in the City of Milton and imposes various requirements and regulations acceptance or solicitation of gifts by such individuals; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing regulations; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 2-858 of the City of Milton Code of Ordinances is hereby replaced in its entirety by the text attached hereto as Exhibit A. SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this ordinance are hereby repealed; and SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature approval of the Mayor. SO ORDAINED this the day of , 2020, the public’s health, safety, and welfare demanding it. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk Page 2 of 3 EXHIBIT A Sec. 2-858. - Solicitation or acceptance of gifts. (a) City officials and employees shall not accept gifts, gratuities, or loans from organizations, business concerns, or individuals with whom he or she has official relationships based upon business of the city government or with whom the city official or employee has knowledge that the organization, business concern, or individual is interested, directly or indirectly in any manner whatsoever, in business dealings with the city. These limitations are not intended to prohibit the acceptance of articles of negligible value which are distributed gener ally, nor to prohibit employees from accepting social courtesies which promote good public relations, or to prohibit employees from obtaining loans from regular lending institutions. It is particularly important that inspectors, contracting officers, and enforcement officers guard against relationships which might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. (b) Consistent with the provisions set forth in divisions 2 and 3 and subsection (a) above, there shall be no violation of this article in the following circumstances: (1) Meals and beverages given in the usual course of entertaining associated with normal and customary business or social functions. (2) An occasional gift from a single source of $101.00 or less in any calendar year. (3) Ceremonial gifts or awards. (4) Gifts of advertising value only or promotional items generally distributed to public officials. (5) Awards presented in recognition of public service. (6) Reasonable expenses of food, travel, lodging and scheduled entertainment for a meeting that is given in return for participation in a panel or speaking engagement at the meeting. (7) Gifts from relatives or members of the city official or employee's household. (8) Awards for professional achievement unrelated to city business. (9) Monetary fees or honorariums from a single source of $101.00 or less for any speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of the city official or employee. (10) Courtesy tickets or free admission to educational seminars, educational or information conventions, or other similar events. (c) An exception to the dollar amount limited permitted for occasional gifts set forth in paragraph (b)(2) above exists for public safety employees such that, so long as the circumstances surrounding conveyance and receipt of the gift are consistent with subsection (a), above, this subsection (c) (1 – 4), and subsection (d), below, employees of the Fire-Rescue Department and/or the Police Department may accept gifts in amounts greater than $101.00 within a calendar year, so long as: Page 3 of 3 (1) The gift, grant, or donation is made by an organization whose primary purpose is charitable in nature; (2) The gift, grant, or donation is made to an employee of the Fire-Rescue Department or the Police Department, and is a charitable donation intended to provide assistance or relief to the identified employee; (3) The Fire Chief (for gifts to employees of the Fire-Rescue Department) or Chief of Police (for gifts to employees of the Police Department) provides advance written approval of the gift, grant, or donation to the identified employee; and (4) The City Manager provides advance written approval of the gift, grant, or donat ion to the identified employee. (d) Nothing in paragraph (c) above shall be construed as authorizing the acceptance of gifts, grants, or donations that would constitute the offense of bribery in violation of state law nor shall any gift, grant, or donation be allowed under circumstances where it may reasonably appear that the purpose of the grant, gift, or donation is for other than a charitable purpose. CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance Approving a List of Names as Standby Judges for the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X December 7, 2020 To: Honorable Mayor and City Council Members From: Brooke Lappin, Municipal Court Clerk Date: Submitted on 11/30/2020 for the 12/7/21 and 12/21/2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance Approving a List of Names as Standby Judges for the Municipal Court for the City of Milton, Georgia Pursuant to Article V of the City Charter Department Recommendation: Approval. Executive Summary: The City of Milton routinely holds court sessions led by Judge Brian Hansford. As a contingency, the City needs to have a roster of judges who could preside over these sessions if Judge Hansford is not available. If and when the Council approves this list, the judges will be sworn in so that they can officially preside in Milton Municipal Court. Funding and Fiscal Impact: There will not be a fiscal impact. Alternatives: The alternative would be to cancel the court session if Judge Hansford is not available. Legal Review: Karen Pachuta, Jarrard & Davis (11.13.2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE APPOINTING A ROSTER OF NAMES AS STANDBY JUDGES FOR THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT ORDAINED by the City Council of the City of Milton, Georgia while in regular session on December 21, 2020 at 6:00 p.m. as follows: WHEREAS, the Charter of the City of Milton (“City”) grants the city power to establish a Municipal Court for the purpose of adjudicating violations of the Charter, Ordinances, and other violations as provided by law; and WHEREAS, pursuant to its power under the Charter, the City Council adopted an Ordinance that governs the operation of the Municipal Court of the City, recorded as Chapter 14 of the C ode of the City (“Code”); and WHEREAS, the Code permits the City Council to appoint part-time, fulltime, or standby judges as needed, with a compensation as fixed by the City Council. THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on December 21, 2020 at 6:00 p.m. as follows: SECTION 1. That Barry L. Zimmerman; Jared L. Mitnik; Keith A. Carnesale; Richard Richard E. Hicks; Candiss L. Howard and Marcia M. Ernst are hereby appointed as Standby Judges for the Municipal Court for the City of Milton, Georgia; and, SECTION 2. That all visiting Judges will be compensated in the amount of $475 per session of duty as a Standby Judge of the Municipal Court; and, SECTION 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this the 21st day of December 2020. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 of the Milton Code of Ordinances (Alcoholic Beverages) to Update Various Sections and Substantially Reorganize Article III MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ December 7, 2020 X X X X 1 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on December 2, 2020 for First Presentation on the December 7, 2020 Regular City Council Meeting and Unfinished Business on the December 21, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 of the Milton Code of Ordinances (Alcoholic Beverages) to Update Various Sections and Substantially Reorganize Article III _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: Mayor and Council approved a rewrite on Chapter 4 – Alcoholic Beverages in June 2020. As staff implemented the new ordinance, there were additional opportunities for clarity and encouraged a few new ideas that include: • In June we added several new license opportunities and we reorganized section 4-70 to make it easier for businesses to understand what licenses they were qualified for and if prerequisites were required. • To section 4-72 we added the ability to waive fees and requirements for participants in City sponsored events. • Section 4-12 compliments the State’s new allowances of delivery of packaged alcohol. • To Farm Wineries section 4-80 we added, for clarification purposes, that farm wineries must be in compliance with Chapter 64 – Zoning. • To Bring Your Own Beverages Licenses (BYOB) we removed the requirement that all employees be over the age of 18. • To section 4-40, we clarified that temporary alcoholic beverage licenses, conditional licenses, and permits do not require a public hearing in front of City Council. • In section 4-86, we created a Restaurant Package Sale License. While we allowed this in the June rewrite, it allowed restaurants to obtain an off-premise retail license, and this creates a reduced fee limited license available to restaurants to continue to allow them to sell sealed beer and wine in a limited capacity. With the restructuring of Chapter 4, section references in Appendix A needed to be updated. Additionally, we removed the fee for an additional bar and established fees for a Courtyard Market License, Brewpub License, and Growler/Crowler License. Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses in Milton. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis – December 2, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Alcohol Ordinance Chapter 4 Redline Appendix A Redline PAGE 1 OF 103 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4 OF THE MILTON CODE OF ORDINANCES (ALCOHOLIC BEVERAGES) TO UPDATE VARIOUS SECTIONS AND SUBSTANTIALLY REORGANIZE ARTICLE III The Council of the City of Milton hereby ordains, while in a regularly called council meeting on December 21, 2020 at 6:00 p.m., as follows: WHEREAS, the Code of the City of Milton, Georgia, contains a Chapter 4 addressing sale and consumption of alcoholic beverages (the “Alcohol Code”); WHEREAS, the City Council desires to substantially revise and reorganize Article III (“License Types and Special Provisions”) of the Alcohol code to more clearly present the various types of alcohol sales and service licenses and permits issued by the City and the requirements associated with each; WHEREAS, the City Council also desires to amend various other sections of the Alcohol Code to clarify certain definitions; provide for delivery of alcoholic beverages, expanded alcohol tasting events, and expanded hours for retail package sales on Sundays, all in light of recent changes in state law; reduce application requirements for grand opening/annual promotion permits; clarify general application requirements for businesses; clarify the requirements for conditional license approval; amend the requirements for license transfers in the event of the death of licensee; and for other purposes; and WHEREAS, the City Council desires to amend Appendix A (Fees and Other Charges) to the Code of the City of Milton to reflect the changes made to the Alcohol Code; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Chapter 4 of the Code of the City of Milton, Georgia is hereby amended by deleting the existing Chapter 4 and replacing it with the document attached hereto as Exhibit A. SECTION 2. Appendix A of the Code of the City of Milton, Georgia is hereby amended by deleting the fees pertaining the Chapter 4 and replacing them with the fees attached hereto as Exhibit B. SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. PAGE 2 OF 103 SECTION 4. This Ordinance shall become effective upon its adoption. ORDAINED this the 21st day of December 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk PAGE 3 OF 103 Exhibit A PAGE 4 OF 103 Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL[1] Footnotes: --- (1) --- Editor's note— Ord. No. , adopted =======, 2020, amended th e 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, approved pursuant to Ord. No. 15-03-236, § 1, 3-16- 2015; Ord. No. 16-01-267, § 1, 1-4-2016; Ord. No. 17-05-316, § 1, 5-15-2017, Ord. No. 18-06-360 , § 1, 6-4-2018, Ord. No. 18-08-370 , § 1, 8-6-2018) pertained to similar subject matter. See the Code Comparative Table for complete derivation. State Law references— Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36 -35-1 et seq.; 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, O.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; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560 -2-1 et seq. Sec. 4-1. – Purposes. (a) Purposes. This ordinance is adopted as part of a comprehensive plan designed for the purposes, among others, of: 1) promoting the health and general welfare of the community; 2) establishing reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages; 3) protecting and preserving schools and churches; and 4) giving effect to land use and preserving certain residential areas, with reasonable consideration being given to, among other factors, the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and the promotion of desirable living conditions and sustained stability of neighborhoods and property values. PAGE 5 OF 103 (b) Because the purposes of this Chapter are not advanced when alcoholic beverages are provided to the general public under an appeara nce that such alcoholic beverages are not being sold but are being given away as part of a business operation or other activity, any person providing al coholic beverages to the general public, whether for sale or otherwise, must be licensed by the City. Sec. 4-2. - 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., as amended) or the Georgia Department of Revenue Regulations (Ga. Comp. R. & Reg. § 560- 2-1 et seq, as amended). Any terms used in this Chapter not spec ifically defined herein shall be defined as set forth by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms, as amended, shall govern. (b) As used in this Chapter, the singular and the plural sha ll each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this Chapter the term "may" is permissive and the term "shall" is mandatory. (d) 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: Adult Entertainment and Adult Entertainment Establishment shall have the same meanings as set forth in Chapter 64-1. Adult Entertainment Establishments are prohibited from holding an alcoholic beverage license in the City. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic Consumable means any product intended for human consumption that contains any measurable amount of alcohol as defined in this section, regardless of whether such consumable is in liquid or solid form. Alcohol consumables will be regulated by the City and shall be deemed to be included in any reference to any type of alcoholic beverage. Alcoholic Beverage means and includes all alcohol, beer, wine, or liquor intended for human consumption. Any reference to alcoholic beverage in this Chapter shall be PAGE 6 OF 103 deemed to include alcoholic consumables, regardless of whether such consumables are in liquid or solid form. Alcoholic Beverage Caterer means any standard on-premise consumption retailer properly licensed to provide alcohol for consumption at private functions on private property, at special events, or at special events facilities. Ancillary Tasting License means a license that is available to the holder of a retail package license and allows for on-premise tastings under limited conditions as provided for in this Chapter. Applicant means the person, partner, firm, or corporation, as owner, or other entity (individually or collectively) making the application for the alcohol license, whether compensated or not. The term “Applicant” shall include a Licensee Agent. Assembly Hall or Events Facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment, including but not limited, to trade shows and other similar activities, as well as some social events such as receptions, meetings, banquets, conventions, parties, catered ev ents or similar gatherings. The facility must be available to public or private groups of persons for monetary consideration on a rental, fee, percentage or similar basis; be used primarily for special occa sions including but not limited to, the events men tioned in this definition; be open to or attended by invited or selected guests or paying patrons; and the premises shall contain a minimum occupancy load of 200 persons for each show, event, reception or activity as permitted by the Fire Marshall. Establishments that operate as an “assembly hall” or "events facility" shall not provide Adult Entertainment, either regularly or occasionally; nor shall any such establishment operate as a Bar or Nightclub. Bar means an establishment whose primary business is t he provision of alcoholic beverages and not the consumption of food. A place that derives 75 percent (75%) or more total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and does not meet the definition of any other establishment qualified to hold a license under this ordinance will be presumed to be a bar. Bars are specifically prohibited in the City. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from inc luding the word “bar” in its name, provided that the name must also be indicative of food service, such as “Joe’s Sports Bar & Grille”. Barrel, with respect to a brewery, means a vessel that is used to age, condition, and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”). Barrel, with respect to a distillery, means a vessel that is used to age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons. PAGE 7 OF 103 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 (14%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. T he term "beer" is used interchangeably throughout this Chapter with "malt beverage," and any reference to beer or malt beverage shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic beverages. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this Chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on - premises of the brewery pursuant to state law. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or liquor are licensed to be sold for c onsumption on-premises and in which beer is manufactured or brewed, subject to the barrel production lim itation prescribed in state law for retail consumption in and on premises. Bring Your Own Beverage (BYOB) License means a license issued for any place of business open to the public or any Private Club that allows guests, patrons or members to bring their own beer and/or wine onto the premises for the guests’ consumption. Building Code means and includes all building, plumbing and electrical codes an d any similar technical code of the City. Building Official means the Building Official of the City as such position presently exists, or by whatever name the position may be designated in the future. The term Building Official will also be deemed to include any designee of the Building Official. Chief of Police means the Chief of Police of the City as such position presently exists, or by whatever name the position may be designated in the future. The term Chief of Police will also be deemed to include any designee of the Chief of Police. City means the City of Milton, and when used in a geographical sense, means the territorial limits of the City of Milton. City Food Market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or related games of chance or beer by the keg; (b) does not provide for the on -premises use of coin operated amusements; (c) at all times that it is open to the public, maint ains an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and PAGE 8 OF 103 beverages, with a minimum cumulative cost of goods sold of such food products of at least $125,000; (d) has an interior floor area of at least 4,500 square feet and not more than 20,000 square feet, of which more than 50 percent (50%) of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than 4 individuals who work at least 35 hours per week o n the premises, and (f) derives less than 20 percent (20%) of its gross receipts from the sale of beer and/or wine. City Manager means the City Manager as such position present ly exists, or by whatever name the position may be designated in the future. The term City Manager will also be deemed to include any designee of the City Manager. College means only those state, county, city, church, or other higher education institutions that teach the subjects commonly taught in the common colleges of this sta te and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of the State of Georgia First Offender Act. County means Fulton County, Georgia, and, when used in a geographical sen se, means the territorial limits of Fulton County, Georgia. Courtyard Market means a commercial or retail center consisting of one (1) or more structures on one (1) or more contiguous tracts or parcels of land, having a minimum of at least ten (10) acres and at least 400,000 square feet of structures and having a minimum of 40,000 square feet of retail uses and not less than 45,000 square feet of outdoor areas used for public an d private events, entertainment, farmer's markets, exhibitions, performances, shows, events, concerts and community events occurring on plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and sidewalks that are in the dominion and physical control of the owner of the Courtyard Market, the owner's agent, or the owner's lessee. No adult entertainment shall be permitted in a Courtyard Market. Craft Beer means a beer brewed by an independent brewer with annual production not exceeding six (6) million barrels. Craft Beer and/or Wine Market means a retail establishment whose primary purpose is the sale of craft beers and/or wine for consumption off -premises. Sales of craft beers and wines may be for consumption on -premises and/or package (including Growlers or Crowlers). Distance means the distance requirements, as prescribed by state law, for the sale of alcoholic beverages and the manner in which distances are measured. PAGE 9 OF 103 Distilled Spirits, Liquor, or Spirituous Liquor means any alcoholic beverage obtained by distillation or containing more than 24 percen t (24%) alcohol by volume, including, but not limited to, all fortified wines. Any reference to Distilled Spirits, Liquor, or Spirituous Liquor shall be deemed to inclu de alcoholic consumables that contain distilled spirits or spirituous liquor. The terms Distilled Spirits, Liquor, or Spirituous Liquor, when used in this Chapter, shall all carry the same meaning. Distiller means a manufacturer of Distilled Spirits. Distillery means a domestic manufacturing facility for Distilled Spirits that is license d by the state. Provided that licenses are issued as required by this Chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subj ect to the limitations of state law. Domestic Wine means any and all wines produced by a Farm Winery within this state. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating Establishment shall have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An Eating Establishment may be licensed to se ll beer, wine and/or liquor but must derive a minimum of fifty percent (50%) of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Entertainment or Live Entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recor ded music. Events Facility shall have the same meaning as "assembly hall" or "rural or agricultural event facility" as set forth in Chapter 64-1. Any establishment licensed as an Events Facility shall not provide Adult Entertainment either regularly or occasionally; nor shall any such establishment operate as a Bar or Nightclub. Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by state law. Provided that a license is issued as required by the state and under this Chapter, a Farm Winery licensed by the City is authorized to sell Georgia wine at its premises by the package or for consumption on -premises as authorized by Georgia law. Fire Marshall means the Fire Marshall of the City, as such position presently exists, or by whatever name the position may be designated in the future. The term Fire Marshall will also be deemed to include any designee of the Fire Marshall. PAGE 10 OF 103 Fixed Salary means the amount of compensation paid to any member, officer, agent, or employee of a bona fide Private Club as may be fixed by its members 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 regulations shall not be considered as profits from the sale of alcoholic beverages. Food Caterer means any person that prepares food for consumption off the food caterer’s premises. Food Hall means a retail area that contains more than two (2) food hall cafes, where a minimum of 65% of the area is dedicated to food hall cafes that provide prepared meals for consumption on the premises dur ing the entire time that alcohol is sold and that share a common area with at least forty (40) seats at tables for the food hall café patrons collectively within a building, courtyard, or other contiguous space. Food Hall Café means a food and/or beverage vendor located within a Food Hall. A Food Hall Café licensed under this Chapter for on-premise consumption of alcohol may enter into an agreement with one (1) or more food vendors within the same Food Hall to satisfy the requirements of meal service a nd the alcohol/food sales ratio required to be deemed an eating establishment. However, any food sales utilized by one (1) establishment to meet the ratio cannot be used by another establishment for the same purpose. In order to qualify, any utilized food vendors must be (a) located in the same Food Hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open, and prepared to serve food every hour that alcoholic beverages are offer ed for sale from any portion of the premises. Fortified Wine means any alcoholic beverage containing more than 24 percent (24%) 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. Any reference to Fortified Wine in this Chapter shall be deemed to include alcoholic consumables that contain fortified wine. For purposes of regulations contained in this Chapter, Fortified Wine shall be deemed a Distilled Spirit. Free-standing Vendor means any person that is permitted to sell alcoholic beverages from a cart, kiosk, or temporary structure for retail sales within an Open Container Area or at a licensed special event. Full-Service Kitchen means a kitchen that consists of a comm ercial sink, a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals, and a refrigerator. Said kitchen must be approved by the County Health Department and City Fire Marshall. Golf Course 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 (9) holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, PAGE 11 OF 103 and the Georgia State Golf Association. The term “golf course” does not include miniature golf. Growler or Crowler means a glass, ceramic, or metal container not to exceed 64 ounces that is filled by a Licensee or employee of a Licensee with craft beer from a keg and securely sealed for off-premises consumption. Growler/Crowler Shop means a retail establishment that only sells craft beer or wine or wine-based beverages in Growlers or Crowlers for off -premise consumption and no other alcoholic beverages . Establishments licensed as Growler/Crowler Shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/Crowler Shops shall be no larger than 2,500 square feet and have no more than 40 different beers availab le at any given time. Provided that all distance and zoning requirements are met, Growler/Crowler Shops are eligible to apply for an Ancillary Tasting License. Hard Cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent (6%) of alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this Chapter, Hard Cider shall be deemed a beer. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for Hotels shall be classified in the same category as Hotels. Incidental Service License means an on-premise alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an Incidental Service License is limited to wine and beer; and is prohibited from allowing any individual to consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent (2%) of gross receip ts (gross receipts shall have the same meaning as provided in Chapter 12 of this ordinance). Interest means any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or b eneficial, contingent or vested, direct or indirect, and any right, power, or authority of control. License means the authorization by the governing authority of the City to engage in the sale, consumption, or provision of alcoholic beverages as provided in this Chapter. Where required by context, the word “license” includes a permit issued for a specific event or activity. Licensee means a person, real or artificial, to whom a license is issued or, in the case of a partnership or corporation, the term i ncludes both the partnership or the corporation and the individual designated by such legal entity to serve as its license representative. PAGE 12 OF 103 Licensee Agent means an individual person designated by a partnership or corporation to act as its representative/ap plicant and on its behalf on all matters related to the alcohol license. A Licensee Agent must have sufficient involvement with the partnership or corporation to have supervisory authority over the day -to-day operations of the licensed premises. For the p urposes of this Chapter, any reference t o the term Applicant or Licensee also includes the Licensee Agent. Limited Food Service Restaurant means any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A Limited Food Service Restaurant must derive at least 30 percent (30%) of its total annual gross food and beverage sales f rom the sale of prepared meals or food. Limited Tap License means an on-premise alcoholic beverage license for an establishment that does not sell food prepared on the premises and that provides a limited selection of craft beers on tap for consumption o n premises only. An establishment with a Limited Tap License is limited to having five (5) or fewer beer taps. Establishments with a Limited Tap License must limit consumption for any individual to a maximum of 48 ounces within a calendar day and must obtain approval from the Fire Marshall and Building Official in accordance with applicable codes. Liter means the metric measurement currently used b y the United States. Liquor. For purposes of this Chapter, the term Liquor may be used interchangeably with the terms Distilled Spirits and Spirituous Liquor and will be deemed to have the same meaning. Live Entertainment or Entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Major Shareholder means a person that owns or controls a 20 percent (20%) or more interest in a business establishment. Malt Beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any othe r similar product or any combination of such products in water, containing not more than 14 percent (14%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japa nese rice wine, which shares a similar manufacturing process to beer and malt beverages, but which typically has more than 14 percent (14%) of alcohol by volume. The term Malt Beverage is used interchangeably with Beer. Throughout this Chapter, any referen ce to Malt Beverage shall be deemed to include Beer and/or alcoholic consumables that contain malt beverages. PAGE 13 OF 103 Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: 1) In the case of distilled spirits or liquor, 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 or liquor; but will be considered a vintner; 2) In the case of beer, any brewer; and 3) In the case of wine, any vintner. Micro-Brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbrew eries sell to the public through wholesalers or directly to the consumer through carry -out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-Distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro -distilleries sell to the public through wholesaler s or directly to the consumer through carry -out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent (75%) or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on -premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under this ordinance will be presumed to be a nightclub. Nightclubs are prohi bited in the City. Nonprofit Civic Organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Off-Premise Beer/Wine Retailer or Store means any person that sells or provides beer and/or wine to the public in unbroken packages or in Growlers or Crowlers, not for consumption on-premises and not for resale. Off-Premise Distilled Spirits Retailer or Store means any person that sells or provides to the public distilled spirits in unbroken packages, not for consumption on-premises and not for resale. PAGE 14 OF 103 On-Premise Consumption Retailer means any person that sells or provides to the public alcoholic beverages for consumption on -premises, only to consumers and not for resale. Open Container Area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Unless otherwise provided, Open Container Areas are restricted to the City’s Special Districts and allow for limited outside consumption of alcoholic beverages. Outdoor Dining Area means an outdoor dining space in which an on-premise Licensee serves food and beverages as part of the operation of the licensed premises. Except as otherwise provided, the Outdoor Dining Area must be located immediately adjacent to the licensed premises. An Outdoor Dining Area may include a patio, City approved sidewalk seating, or a designated dining area within the exclusive control of the Licensee, and may be separated from the Licensee’s premises, if at all, only by a sidewalk. No part of an Outdoor Dining Area shall be located within any public right-of- way without permission of the City. 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 containers or in a Growler or Crowler and sold at retail to the final consumer and not for resale. Park means any public lands owned, controlled, or operated by the City, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private or quasi-public. Police Department means the Chief of Police and any police officers. Premises means the definite, closed, or partitioned -in location (whether room, shop, or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this Chapter and in accordance with state law. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such Licensee. Private Club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: 1) Has been in existence for at least one (1) year pr ior to the filing of the application for a License pursuant to this Chapter; PAGE 15 OF 103 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 olde r and residing in Fulton County, or any county that borders Fulton County, who is designated by a licensed establishment to receive service of process on its behalf. Notice or demand required or permitted by law or under this Chapter may be served upon th e Licensee, registered agent, or owner. Restaurant means any public place kept, used, maintained, advertised, a nd held out to the public as a place where meals are actually and regularly served to patrons, without sleeping accommodations, including a cafeteria, with such place being provided with an adequate and sanitary full service kitchen and dining room equipme nt, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its patrons. At least one (1) meal per day shall be served at least six (6) days per week, with the exception of holidays, vacations, and pe riods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent (40%) of the gross sq uare footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. In order to be considered a “full service” restaurant, the business must also meet the requirements of an Eating Establishment. School, School Building, or Educational Building for the purposes of determining distance requirements for the sale of alcoholic beverages shall mean a state, county, city, or church school building, or such buildings at such school 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. Seller/Server Permit means an authorization granted to an individual by the City to cork, dispense, sell, serve, take orders, and/or mix alcoholic beverages in the City. PAGE 16 OF 103 Service Area means the portion of an indoor recreational establishment located within the same building or structure and adjacent to an Eating Establishment, Private Club, or Restaurant. To the extent that such Eating Establishment, Private Club, or Restaurant holds an on-premise consumption alcoholic beverage license, the consumption of alcoholic beverages within the service area is permitted. Shopping Center means a collection of multiple commercial establishments planned and developed as a unit for which common parking facilities are provided on the site. A Shopping Center shall also include a mall or strip center. Special District has the same meaning as provided in Section 4-211 of this Chapter. Special Event has the same meaning as provided in Chapter 64 -1. Special Event Alcohol Permit means an alcoholic beverage permit issued for a specific location for a limited amount of time and a limited number of days. Specialty Gift Shop means any retail shop that deals in the sale of foods, specialty foods and gifts that derives not more than 15 percent (15%) of its gross sales from the sale of packaged gift baskets containing non -alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of beer and/or wine. To qualify for an off-premise alcohol license, a Specialty Shop must have an interior floor area of not more than 5,000 square feet (inclusive of storage), of which more than 60 percent (60%) of interior floor area is devoted to the display for sale of non -alcoholic beverages. A Specialty Gift Shop may not offer check cashing services; maintain a drive- thru window; or maintain on the premises for sale any of the following: liquor, beers containing more than six percent (6%) alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. Spirituous Liquor. For purposes of this Chapter, the term Spirituous Liquor may be used interchangeably with the terms Distilled Spirits and Liquor and will be deemed to have the same meaning. 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. 1) To qualify for an on-premise consumption retailer’s license, a Sports Club must have been actively in operation within the City at least two (2) years prior to an application for license under this Chapter; provided, however, that the two -year (2) operational requirement shall not apply to golf courses or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. PAGE 17 OF 103 2) A Sports Club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this Chapter and 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 on -premise consumption retailers. Standard On-Premise Consumption Retailer means any licensee holding a Beer/Wine/Liquor COP License or a Beer/Wine COP License. Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on-premises and for sale in closed packages for consumption off - premises. Samples of wine may be given complimentary or for a fee. Tax means the tax imposed by the City upon any dealer in alcoholic beverages for each calendar month of the year. Temporary Alcoholic Beverage License means a license provided to an applicant that applies for an alcoholic beverage license, complies with the requirements set forth in this Chapter, and who, in the City Manager’s discretion, appears to meet the criteria for receiving a license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage Person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this Chapter. Wholesaler or Wholesale Dealer means any person that sells alcoholic beverages to other wholesale dealers, off-premise retail dealers, or on-premise consumption retailers. Wine or Vinous Beverage means any alcoholic beverage containing not more than 24 percent (24%) alcohol by volume made from fruits, berries, grapes, or honey either by natural fermentation or by natural fermentation with brandy added. These terms include, but are not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, other like products, and Sake, which is an alcoholic beverage often manufactured through a process sim ilar to that of beer but produced from rice and often containing greater than 14 percent (14%) alcohol by volume. These terms do 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. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. PAGE 18 OF 103 Wine Market shall have the same definition as set forth in the definition for Craft Beer and/or Wine Market. Sec. 4-3. – Jurisdiction. This Chapter shall apply to the corporate limits of the City and outside the City limits in all territories to which the jurisdiction of the City extends. Sec. 4-4. – Severability. If any provision, clause, sentence or paragraph of this Chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this Chapter are hereby declared to be severable. Secs. 4-5 – 4-9 Reserved. ARTICLE II. - LICENSING[2] Footnotes: --- (2) --- State Law Reference— powers of local governing authorities as to granting, refusing, suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license, O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3-3-21; O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3-4-48; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3 -4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; restrictions on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40 local licensing requirements for the sale of wine, O.C.G.A. § 3 -6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq.; false swearing, O.C.G.A. § 16-10-71 DIVISION 1. - GENERALLY Sec. 4-10. - License is a privilege. (a) Granted by City Council. Alcoholic beverages may be sold, provided or consumed to or by the public in the City under a license or permit granted by the city council or its designee 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. PAGE 19 OF 103 (c) Compliance with local, state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this Chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, City licensees are required to display the license prominently at all times on the premises for which the license is issued and abide by all applicable local, state, and federal regulations and laws. Sec. 4-11. – License requirement; prohibitions for non -licensed premises. (a) The manufacturing, distributing, and selling by wholesale or retail o f alcoholic beverages shall not be conducted without a permit or license issued by the City. (b) It shall be prohibited for any person that performs or undertakes any type of operation or activity for which an occupation tax certificate is required to keep, possess, store, sell (at wholesale or retail), to provide to other s, or to allow alcoholic beverages or consumables on the premises without appropriate, valid and current state and local licenses for such alcoholic beverages and/or consumables. This prohibition shall apply without regard to whether the alcoholic beverages or consumables are intended to be provided free of charge, as a part of any promotion by the owner of the premises or operator of the business, to be given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or intended to be given as bonuses or inducements offered in connection with employment or the purchase of goods and/or services. (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appear ance that such alcoholic beverages or consumables are not being sold but are being given away. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages or consumables is considered a “retail sale” of alcohol under this Chapter and requires an alcoholic beverage license. (d) Any owner or tenant of a location or business, as well as any individual employed by such owner, tenant or business who is present at the time when alcoholic beverages or consumables are being provided by a non -licensed premises or location as described in this section, may be charged with violating the provisions of this Chapter. Sec. 4-12. - Unlicensed sales or deliveries prohibited. (a) It shall be prohibited for any licensee under this Chapter to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license except as allowed by state law. Any City-issued license PAGE 20 OF 103 that allows a retailer to sell alcoholic beverages in unbroken packages for consumption off the premises shall include the right to deliver malt beverages, wine, or liquor in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale, to the limited extent permitted by the provisions of O.C.G.A. § 3-3-10. Any violation of this provision may be enforced as an ordinance violation under this Chapter, subject to the restrictions in O.C.G.A. § 3-3-10(h)(2). (b) It shall be prohibited for any licensee under this Chapter to allow the sale or delivery of any alcoholic beverage by the dr ink to any area other than the premises covered by the license. (c) It shall be prohibited for unlicensed individuals to sell alcoholic beverages. (d) Sales by the package by anyone other than a holder of a retail package license are allowed only during special and temporary events approved pursuant to this Chapter. Sec. 4-13. - Display of license required. The City alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. Sec. 4-14. –Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this Chapter shal l keep a copy of this Chapter in the licensed premises and shall instruct any person working at the licensed premises with respect to the relevant terms of this Chapter. Each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this Chapter. Sec. 4-15. - Joint responsibility. Each partnership, corporation or entity shall be jointly responsible for the actions of its named licensee, its employees while acting in the scope of t heir employment, and the conduct of the licensed business. Sec. 4-16. – Effect on licenses held at time of adoption . All licensees holding a valid license for the manufacture, sale or provision of alcoholic beverages issued by the City at the time of the enactment of the ordinance from which this Chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this Chapter for the year of issuance. The licensees shall, however, meet all other requi rements as to regulation and control as set forth in this Chapter. PAGE 21 OF 103 Secs. 4-17 – 4-19. - Reserved. DIVISION 2. – QUALIFICATIONS Sec. 4-20. Locations where permitted/prohibited. (a) No alcoholic beverages or consumables may be kept, possessed, stored, so ld, provided, consumed, or allowed on the premises of an establishment licensed to conduct business in the City except at establishments holding an alcoho lic beverage license under this Chapter. (b) No person, entity or organization may provide alcoholic be verages or consumables to the general public, whether for sale or otherwise, without first obtaining an alcoholic beverage license under this Chapter. (c) No license for alcoholic beverages shall be issued within the City for any establishment, event or location at which patrons are handling deadly weapons, including but not limited to, guns, knives, axes or arrows as a part of the business or event for which a permit is sought. Sec. 4-21. - Architectural and zoning standards. All premises for which an alcoholic beverage license is sought or has been issued shall comply with all state and/or City ordinance requirements regarding architectural and zoning standards. Failure to comply with said standards will subject the license to non-issuance, suspension or revocation. The City shall not be held responsible for licenses that are erroneously issued where architectural and zoning standards were not satisfied, and any fees paid by the licensee will be forfeited. Sec. 4-22. - Distance requirements. (a) No person knowingly and intentionally may sell or offer to sell: 1) Any liquor by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus. 2) Any beer or wine by the package within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of beer or wine was lawful at such location at any time during the 12 months immediately preceding such application. PAGE 22 OF 103 Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only beer or wine for consumption off -premises from selling beer or wine within 100 yards of any school building, school groun ds, or college campus, where so permitted by resolution or ordinance of the County or City. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent (85%) is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the County or City. 3) Any beer, wine, or liquor by the package within 100 yards of an alcoholic treatment center owned and operated by this state or any county or city government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. As used in this subsection, the term "school building" or "educational building" shall apply 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 this state and which are public schools or private schools as defined under state law. (b) Nothing contained in this Section shall prohibit the licensing of the sale or distribution of alcoholic beverages for on-premise consumption by: 1) Hotels of 50 rooms or more which have bee n in continuous operation for a period of at least five (5) years preceding July 1, 1981; 2) Bona fide private clubs, subject to licensing under this Chapter; and 3) Licensees for the retail sale of alcoholic beverages for consumption on- premises only. (c) For purposes of this Section, distances shall be measured by the most direct route of travel on the ground. (d) As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law.” (e) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. (f) Distance requirements for the sale of alcoholic beverages, and the manner in which distances shall be measured, shall be governed by state law. PAGE 23 OF 103 (g) 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. (h) New church or schools or other restricted use. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any alcoholic beverage license, the subsequent opening and operation of a church or school or other restricted use facility 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. Sec. 4-23. – Applicant standards. (a) No license for alcoholic beverages issued pursuant to this Chapter shall be granted to any person who is not: 1) At least 21 years of age; and 2) A United States citizen, legal permanent resident of the United States; or a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Dep artment 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 m ajority stockholder is not an individual, the license shall be issued jointly to the corporation and its designated applicant or Licensee Agent under the provisions of this Chapter. 2) In the case of a partnership, the license shall be issued to the par tnership and all the partners owning at least 20 percent (20%) of the partnership If no partner owns 20 percent (20%) 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 that neither such individual nor any person with 20 percent (20%) or more ownership in the entity, nor any officer or director of the corporation shall have been convicted of, entered a guilty plea or a plea of nolo contendere, or been released from parole or probation within a period of ten (10) years immediately prior to the filing of such application, for: PAGE 24 OF 103 1) Moral turpitude; 2) Illegal gambling; 3) Felony 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. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual’s state of residence or a Criminal History Report from a Pol ice Department, Sheriff’s Department or the official state crime investigation center in the individual’s state of residence. The City Manager may also require a Criminal History Consent Form and/or an Affidavit of Criminal History to be completed and subm itted by any individual. (d) It shall be prohibited 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. (e) No license for alcoholic beverages issued pursuant to this Chapter shall be granted to any person who has had any alcoholic beverage license issued by any jurisdiction within the state revoked within two (2) years prior to the filing of t he application. (f) The City Manager or City Council may decline to issue an alcoholic beverage license when any person having any ownership interest in the operation of such place of business or having control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (g) Corporate or business applicants shall be o f good business reputation. PAGE 25 OF 103 (h) An alcoholic beverage 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, where the applicant or the Licensee Agent does not have sufficient control over the operations of the business to assure compliance with the provisions of this Chapter, or where it appears that the application is intended to be a me re surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. Sec. 4-24. - Effect of prior criminal history; exceptions. (a) An applicant or Licensee Agent'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/Licensee Agent ineligible for an alcoholic beverage l icense. (b) For purposes of this Chapter, a conviction or plea of guilty or nolo contendere shall not be considered as to any offense for which a defendant was allowed to avail themselves of this state’s first offender provisions, O.C.G.A. § 42-8-60 et seq.; provided, however, that any such offense may be considered where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Sec. 4-25. Pending application for business on prior licensed premises. Where there is a pending application for a new licensee or a change of ownership for a business that is to be located in premises that have been licensed within a year prior to the pending application, the new app licant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the existing licensee for a maximum period of 30 days beyond the sale or transfer of the licensed premises. However, the 30 days of oper ation under the management agreement shall be counted as the first month of sales for the purposes of calculating the alcohol license fees that are due. If a violation of this Chapter occurs during the 30 days that the business is operating under a management agreement pursuant to this section, both the prior licensee and the new applicant can be charged and held liable. Moreover, any such violation may serve as grounds for denial of the new license. Secs. 4-26 – 4-29 – Reserved. DIVISION 3 – APPLICATION REQUIREMENTS Sec. 4-30. - Application requirements. PAGE 26 OF 103 (a) City form. All persons desiring to sell alcoholic beverages or desiring to obtai n a BYOB License, or any other license or permit provided for in this Chapter 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: 1) The name and address of the applicant/Licensee Agent; 2) The proposed business to be carried on and type of license desired; 3) If a partnership, the name and residence address of each partner; 4) If a corporation, the names of the officers; 5) The name and address of the registered agent for the service of the process; 6) The name of the manager; 7) The names of all shareholders holding more than 20 percent (20%) 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 evidence of com pliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) For grand opening/annual promotion permits, the detailed requirements of t his section will not be applied and the only information required will be the name and address of the business, the name and address of the applicant, and the date, time and location of the event. (d) Financial information. All applicants shall furnish such financial and other information and records as may be required by the Ci ty Manager to ensure compliance with the provisions of this Chapter. Failure to furnish information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (e) Agreements. All agreements between and among any persons or stockholders of corporations or partners of partnerships applying for a license to sell or dispense any alcoholic beverages and which agreements reflect or control ownership, division of profits, sharing of revenues of any kind, including paymen t of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income shall be in writing, and copies of all these agreements shall, upon request, be furnished to the City Manager. PAGE 27 OF 103 (f) Survey. For businesses engaged in package sale of alcohol for off -premises consumption, 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 pursuan t to state law and Section 4-22 of this Chapter 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 month s immediately preceding such application, a survey is not required. The City Manager has the discretion to waive the survey requirement if it can otherwise be confirmed with clear evidence that there is no school, church, or other restricted facility in proximity to the proposed licensed premises. (g) Notary. All applications shall be sworn to by the applicant/Licensee Agent before a notary public or other officer empowered by law to admini ster oaths. (h) Consent. Each applicant/Licensee Agent authorizes the Cit y 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, as a consideration of the a pplication, 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 or she 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. (i) License fees. The application shall be accompanied by the prerequisite application non-refundable processing fee and license fee(s) as established by the City Council. Except for applications for permits, all licenses granted under this Chapter shall be for the months remaining in the calendar year after appl ication is made. License fees for new licenses granted shall be based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. Sec. 4-31. - Separate application for each location and license type required. A separate license application is required for each location of sale and must identify the license category for which application is made. A separate license shall be obtained for each separate location. Locations will be deemed separate if they have different addresses or different entrances with separate trade names. The City may allow an applicant to utilize the same form for multiple alcoholic beverage license types at the same e stablishment or may require a separate application for the different license types. Under either circumstance, PAGE 28 OF 103 the City Manager and City Council will act upon each license type as a separate application. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, no establishment licensed to sell beer, wine, and/or liquor for consumption on -premises shall hold any license to sell liquor by the package for the same location. However, on -premise consumption retailers may, subject to the provisions of this Chapter, also apply for and obtain a beer and/or wine package license, provided that all additional requirements are met and additional fees paid. Sec. 4-32. – Accurate application required; consequences for false or misleading statements or omissions. An applicant shall provide complete and accurate information in support of an application. Any material omission, false or misleading information contained in or omitted from an original, renewal or transfer application for an alcoholic beverage license under this Chapter shall be cause for the denial thereof and, if any license has previously been granted, such circumstances shall constitute cause for revocation. Sec. 4-33. - Registered agent required. All licensed establishments must have and continuously main tain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, notice or demand required or permitted by law or under this Chapter required to be served upon the licensee or owner may be served. This person must be a resident of one of the aforesaid counties. The licensee shall file the name of such designated registered agent, along with the written consent of such individual to serve as the registered agent for the licensee, with the City Manager on such form as he or she may prescribe. Sec. 4-34. – Non-refundable processing fees. Each application or renewal for an alcohol license under this Chapter shall be accompanied by non-refundable processing fees in an amount to be determined by the City Council to defray processing, administrative, and investigative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one (1) license on a given application, to the extent that such is authorized by the City Manager, shall pay only one (1) set of processing fees. Sec. 4-35. - Withdrawal by applicant; refund of license fee deposit . (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 non -refundable processing fees. After issuance of the license, no refund will be made. No refunds shall be PAGE 29 OF 103 made under any circumstances for investigative and administrative expenses required in this Chapter. (c) No license shall be renewed for less than a calendar year, and if an issued license is revoked or surrendered before the expiration of a calendar year, the licenses shall not be entitled to any refund. (d) Notwithstanding the foregoing provisions, the City Council may approve a partial refund of the license fee paid to the City if the licensed business cannot continue to be operated due to any action taken by the City beyond the licensee's control (excluding a suspension, revocation or other disciplinary action). If a refund is approved by the City Council, the refund shall be calculated as follows: 1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. 2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. 3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. 4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. Secs. 4-36 – 4-39 Reserved. DIVISION 4 – GRANT OR DENIAL OF APPLICATIONS; APPEALS Sec. 4-40. - Consideration of applications by Chief of Police and City Manager. (a) Chief of Police. Each application for an alcoholic beverage license shall be referred to the Chief of Police or his or her designee for investigation. The Chief of Police or his or her designee shall report the findings to the City Manager. Such findings shall include a recommendation as to the qualifications of the applicant. At the discretion of the City Manager or his/her designee, this step may be omitted for grand opening/annual promotion permits. (b) City Manager. The City Manager shall have the authority to: (1) Request additional written or investigative information from the applicant or city staff deemed necessary to consider an application prior to a decision; (2) Grant an applicant a Temporary Alcoholic Beverage License or any permit, consistent with the provisions of this Chapter; PAGE 30 OF 103 (3) Submit an applicant’s completed license application to the City Council for hearing, along with a recommendation for approval; (4) Submit an applicant’s request for “Conditional approval for completion of proposed licensed premises”, in accordance with Sec. 4-43 of this Chapter, to the City Council for hearing, along with a recommendation for approval or denial; (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this Chapter or other provisions of this Code; shows the applicant, location, or application would not qualify under State law or Georgia Depar tment of Revenue Regulations; or for other due cause; and (6) Receive and submit an applicant’s appeal of the City Manager’s decision to deny the application to the City Council for hearing, along with a copy of the City Manager’s decision; and (7) Receive an applicant’s appeal of the Police Chief’s decision to deny an alcohol/server permit under Section 4-122(d) and submit such appeal to the City Council for hearing, along with a copy of the Police Chief’s decision. (8) With the exception of Temporary Alcoholic Beverage Licenses, conditional licenses, and all permits, no application for an original license shall be granted until a public hearing has been held before the City Council as scheduled by the City Manager or his or her designee. (c) Notice Required. The City Manager shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to an appeal before the City Council with a right to present evidence and cross examine witnesses. Such 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 t hird day following deposit in the United States mail. Sec. 4-41. – City Council’s consideration of applications; appeals. (a) Public hearings. The City Council shall hold public hearings to (i) consider license applications and recommendations submitted from the City Manager for action, and (ii) consider applicant appeals from decisions of the City Man ager to deny license applications or applicant appeals from decisions of the Police Chief to deny seller/server permits. Witnesses and evidence shall be presented by the City Manager or his or her designee, and the licensee shall be entitled to present evidence and witnesses and cross-examine the City’s witnesses. PAGE 31 OF 103 (b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who shall give at least ten (10) days' prior written notice 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. If to the licensee or licensee’s agent, service of such notice shall be by personal service on the registered agent by the Police Department, Code Enforcement Officer, or other City designee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee’s employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) During or following the hearing, the City Council may: (1) Request additional written or investigative information from the applicant, City Manager, or City staff deemed necessary to consider an application prior to a decision; (2) Consider an application recommended for approval by the City Manager and render a final determination approving or denying the application; (3) Hear any appeal from a decision of the City Manager to deny an application and render a final determination upholding or overturning the City Manager’s decision; (4) Consider a recommendation from the City Manager to grant or deny “Conditional approval for completion of proposed licensed premises” consistent with Sec 4-43 of this Chapter and render a final determination. (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this Chapter or other provisions of this Code; shows the applicant, location or application would not qualify under State law or Georgia Department of Revenue Regulations; or (6) for other due cause. (d) Notice Required. The City Council shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial. Service of such notice shall be by personal service on the registered agent by the Police Department or Code Enforcement Officer or other designee of the City Manager. 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. PAGE 32 OF 103 (e) Appeal. Any decision by the City Council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the City Council. (f) Reapplication permitted after one (1) year. In all instances in which denial of an application is final under the provisions of this Chapter, the applicant may not reapply for a license for the same location for at least one (1) year from the date of such final denial. (g) Return of license fee upon denial. If the application is finally denied, and the applicant did not temporarily operate licensed premises under any provision of this Chapter, the license fee, if paid at the time of application, shall be refunded. However, non-refundable processing fees and Temporary License fees will not be refunded. If the applicant operated on prior licensed premises under Section 4-25 of this Chapter while the application was pending, and the application is denied, the applicant shall be entitled to a pro rata refund of the license fee, if a license fee was paid at the time of application. Sec. 4-42. – Exercise of Discretion. (a) The City Manager and City Council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigat ion facts or circumstances that may affect or reflect upon the applicant, the application, and/or the proposed location of the business in light of this Chapter. (b) If, after consideration of the evidence, the City Council determines that stipulations or conditions should attach to a decision to approve an application, the City Council shall provide for such conditions in its action. (c) In addition to all other authority to grant or deny a license, any application for a license may be denied by the City to sa feguard the health, safety and welfare of the community. In making such a determination, the City Council shall assess the extent to wh ich the granting of the license or the continued holding of the license would contribute to issues, including but not lim ited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. Sec. 4-43. – Conditional approval prior to completion of proposed licensed premises. If a building intending to operate under this Chapter is, at the time of the application for a license, not in existence or not yet completed, a license may be conditionally approved by the City Manager or his/her designee for the location, provided the plans for the proposed building clearly show an intention to comply wit h all local, state, and federal PAGE 33 OF 103 requirements. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with the requirements of this Chapter, local ordinances and all state and federal laws and regulations. Secs. 4-44 – 4-49 Reserved. DIVISION 5. – EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER Sec. 4-50. – Annual expiration; renewal requirements. (a) All licenses granted under this Chapter shall expire on December 31 of each year. Licensees shall be required to file a renewal application accompanied by the requisite fee with the City Manager on the form provided for a 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 forms, reports or other r equested data establishing compliance with criminal history requirements of this Chapter. (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 (10%) late fee, plus interest. (d) Licensees failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license. In such cases, the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Under this situation, the Applicant shall be required to pay the ten percent (10%) penalty, plus interest, along with other fees associated with a new application. The City shall not be responsible for the consequences of delays in the issuance of any license under this Chapter. Sec. 4-51. - Automatic forfeiture of license for nonuse. (a) All holders of licenses under this Chapter must, within six (6) 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 (6) months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees or other related fees shall be made. A three-month (3) extension to the original six-month (6) period may be granted by the City Manager if requested with in the said six-month (6) period in compliance with other sections of this Chapter. (b) Any Licensee under this Chapter who shall for a period of three (3) consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall automatically forfeit the license without the necessity of any further action. Sec. 4-52. - Transferability of license. PAGE 35 OF 103 No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (a) In the event 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 on -premise consumption of alcoholic beverages shall be allowed 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 allowed for 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. (b) If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, t he establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB License or other license issued under this Chapter, in accordance with this Chapter, for a period of 45 days from the date of surrender, or from the date determined by the City M anager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to any license under this Chapter until such time as a new application for a lice nse is made. The application shall indicate that no change of ownership has occurred, except as allowed for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by ope ration of law. No additional license fees shall be required during the period for which the original license was issued. (c) Nothing in this Section shall prohibit one (1) or more of the partners, members or shareholders holding a license from withdrawing fro m the partnership, corporation or entity in favor of one (1) or more of the partners, members or shareholders who held an ownership interest 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 (10%) or more of any class of stock. (d) Except as provided in subsections (a) through (c) 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. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the City Manager for a transfer PAGE 36 OF 103 of location. 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 ordinance. (f) Violation of this Section may result in the suspension or revocation of the license being used and/or a fine on the new ownership and the old ownership as provided in this Chapter. (g) If a violation of this section results in revocation of the license, no license will be issued to the old or the new owner in the City for one (1) year from the date of such violation. Secs. 4-53 – 4-59. Reserved. DIVISION 6. – SUSPENSION, REVOCATION, OTHER PENALTIES Sec. 4-60. – Suspension or revocation of license or permit; other penalties authorized. (a) The City Council shall be authorized to suspen d or revoke an alcoholic beverage license or permit or impose other penalties upon the licensee, licensee’s employee, or licensee’s agent under the conditions set forth in this Chapter. However, no revocation, suspension or other penalty shall be imposed without first providing the notice, hearing, and appeal rights as more specifically provided in this Chapter. (b) No alcoholic beverage license or permit, after having been issued, shall be suspended or revoked except for due cause. Sufficient grounds, or due cause, for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: 1) The violation of the laws or ordinances regulating the business; 2) The violation of any local, state or federal law; 3) The violation of provisions of this Chapter; 4) Any reason which would authorize the City to refuse the issuance of a license or permit; 5) Where a licensee has failed to open for business within six (6) months after approval of the license; provided however, that prior to the expiration of such period, the City Manager may extend the time in which a licensee is required to open for business by up to three (3) PAGE 37 OF 103 months, upon the timely receipt of a written request from a licensee for such an extension; 6) After opening, where a licensee has ceased to operate the business for a period of three (3) consecutive months; 7) Where a licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; 8) Where a licensee or such licensee’s employee or agent, has sold or served alcoholic beverages or allowed patrons to bring their own alcohol to the premises during a period of suspension; 9) Where a licensee has provided incomplete, fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; 10) Where a licensee has failed to file necessary reports, failed to cooperate in any matter related to the license, failed to pay any fee, license fee, tax, fine or other amount due to the City under this Chapter or any other licensing ordinance of the City, has failed to file a required return or to pay taxes imposed, or 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; 11) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; 12) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's emp loyee or agent knew or should have known to be in a state of intoxication at the time of service; 13) Where a licensee, or such licensee’s employee or agent, has allowed any person to consume alcohol pursuant to a BYOB license when the licensee, licensee’s employee or agent knew or should have known that such person was in a state of intoxication; 14) Where a licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishments; 15) Where a licensee, or such licensee's employee or agent, has viola ted any other provision of this alcoholic beverage Chapter or state law; PAGE 38 OF 103 16) Where a licensee or an individual or person with 20 percent (20%) or more ownership in the entity, or any officer or director of the licensee shall have a conviction for any of the following subsequent to issuance of the license: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; keeping a place of prostitution; pandering; pimping; public indecency; prostitution; solicitation of sodomy; or any sexually related crime. 17) In addition to all other authority to suspend or revoke a permit or license, any license ma y be suspended or revoked to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the continued holding of the license would contribute to issues, including but not lim ited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minor s to the sale of alcoholic beverages because of the number of minors who frequent the establishment. Sec. 4-61. – Notice of violations; City Manager’s authority. (a) Chief of Police and Finance Director. The Chief of Police and Finance Director shall notify the City Manager of violations by licensees, licensee’s employees, or licensee’s agents related to enforcement and adminis tration of this Chapter that reflect the failure to comply with the requirements of this Chapter or state or federal law. (b) City Manager. Upon information known to or received by the City Manager that creates a reasonable belief that a licensee, licensee’s employee, or licensee’s agent has violated law or otherwise failed to comply with requirements of this Chapter, the City Manager shall have the responsibility and authority to: 1) Evaluate the severity of the situation and immediately ensure appropriate measures are taken with regard to any health, safety or welfare concerns to address any immediate threat of harm or damage based upon the information received; 2) Authorize any investigation needed on the part of appropriate persons, requesting additional written or investigative information from the licensee, city staff, or other authorities or persons deemed necessary to consider the actions or inactions of the licensee, licensee’s employee, or licensee’s agent; 3) After providing the licensee, licensee’s employee, and/or licensee’s agent with notice of violations and the opportunity to respond to the PAGE 39 OF 103 charges, and following the receipt and consideration of any response, the City Manager shall determine whether due cause exists to recommend action against the licensee, licensee’s employee or licensee’s agent, up to and including revocation of the license or permit. 4) Upon a finding of due cause, the City Manager shall provide written notice to the licensee, licensee’s employee, and/or licensee’s agent, as appropriate, setting forth in reasonable detail the facts upon which due cause exists to take action, the nature of the proposed action, and advising of the scheduling of a public hearing before the City Council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided, to the named licensee a t the licensed premises, and to any person alleged to have committed the violation. Delivery shall be deemed to take place on the third day following deposit in the United States mail. A copy of the notice shall also be provided to the City Council. Sec. 4-62. – Conduct of public hearing by City Council. (a) Public hearings. The City Council shall hold public hearings to consider recommendations submitted from the City Manager for action based on due cause for violations of a licensee, licensee’s employee, or licensee’s agent, based on due cause as described in of this Chapter. Witnesses and evidence shall be presented on behalf of the City by the City Manager or his or her designee, and the licensee, licensee’s employee, or licensee’s agent shall be entitled to present evidence and witnesses and to cross-examine the City’s witnesses. (b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who shall give at least ten (10) 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 this Section. If to the licensee or licensee’s agent, service of such notice shall be by personal service on the registered agent by the Police Department, Code Enforcement Officer, or other City designee. If to the lice nsee’s employee, personal service shall be upon the employee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee’s employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) Upon hearing the matter, the City Council, shall render a decision as to whether due cause exists for action against the licensee, licensee’s employee, or licensee’s agent. If due cause exists, the City shall determine the appropriate PAGE 40 OF 103 penalty, up to and including suspension and/or revocation of a permit or license. (d) Appeal. Any decision by the City Council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the City Council. (e) Reapplication permitted after one (1) year. In all instances in which a license is revoked, the licensee may not reapply for a license for the same location for at least one (1) year from the date of such final denial. (f) No return of license fee upon revocation. If the license is revoked, the licensee shall not be entitled to the return of all, or any portion of, the license fee. Sec. 4-63. – Exercise of discretion; consideration of mitigating factors. (a) Nothing in this Section shall be deemed to require suspension or revocation of a license, and each violation should be considered at the discretion of the City Council on a case by case basis. The City Manager and City Council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the location of the business in light of this Chapter. (b) 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: 1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop by the licensee and/or managers; 2) Implementation and components of written policies; 3) Evidence that employees have or do not have alcohol seller/server permits; 4) Evidence that the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; 5) Implementation and components of an employee training program; 6) Length of time in business; 7) Whether the ID was requested; PAGE 41 OF 103 8) The degree to which the licensee has other procedures in place to monitor its alcohol servers/sellers for compliance; 9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any knowing violation of this Cha pter; and 10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevent illegal alcohol sales or service in the licensed establishment and the community at large. Sec. 4-64. – Consideration of progressive actions; mandato ry penalties for sale or service to persons under 21; criminal penalties. (a) If a licensee is found to have violated any provision of this Chapter, excluding selling or serving underage persons, the City shall ordinarily give consideration to the following progressive actions: 1) The first alleged violation in a 12-month period shall result in a mandatory hearing before the City Council and the issuance of a warning or a license suspension for a period of up to thirty (30) days if the violation is sustained. 2) The second alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the City Council and the issuance of a license suspension for a period of up to sixty (60) days if the first and second violations were sustained. 3) The third alleged violation within a conse cutive 12-month period shall result in a mandatory hearing before the City Council and cause the revocation of the license and the inability of the licensee to obtain a license from the City for a term of up to three (3) years from the date of revocation if the first, second, and third violations were sustained. (b) If a licensee or employee of such licensee has a conviction (including for purposes of this paragraph, a plea of nolo contendere or the forfe iture of bond) for the violation of O.C.G.A. § 3-3-23 or any section of this Chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following minimum penalties shall apply: 1) The first conviction shall result in a mandatory hearing before the City Council, a minimum fine of $500.00, and may result in a license suspension for a period of up to thirty (30) days. 2) The second conviction within a consecutive 24-month period shall result in a mandatory hearing before the City Council, a minimum fine of $750.00, and a license suspension for a minimum period between seven (7) and sixty (60) days. PAGE 42 OF 103 3) The third conviction within a consecutive 24-month period shall result in a mandatory hearing before the City Council, a minimum fine of $1,000.00, and revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the City Council to allow retention of the license. (c) Nothing contained in this Chapter shall be construed to preclu de the City Council from suspending or revoking an alco holic beverage license or alcohol seller/server permit for a period exceeding those described in this Section if the City Council determines in its discretion that such action is necessary and in the best interest of the public health, safety and welfare of the City. (d) For any license suspension of less than thirty (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, or similar locking mechanism, all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premises locked storage area or otherwise secure such beverages so that they are out of view and access of the public. (e) Actions taken by the City Council shall be in addition to any criminal citation and prosecution by the City. Each violation of this Chapter shall constitute a separate offense subject to a separate citation and penalties. Criminal penalties may result in a fine not to exceed $1,000.00, imprisonm ent not to exceed sixty (60) days, or both. Secs. 4-65 – 4-69. Reserved. ARTICLE III. LICENSE TYPES & SPECIAL PROVISIONS DIVISION 1. LICENSE TYPES Sec. 4-70. – Types of licenses and permits. Subject to satisfying the qualifications and requirement s contained in this Chapter and local, state and federal law, Applicants may apply for the licenses and permits identified in this Chapter. (a) Off-Premise Licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a consumption off-premise license that includes one or more of the following types of retail package categories for off- premise licenses: 1) Retail Package Beer License: Allows retail sale of beer in the original package, Growler or Crowler. This license type would be available to the following types of qualified establishments: Brewpubs, City Food PAGE 43 OF 103 Markets, Craft Beer and/or Wine Markets, Growler/Crowler Shops, Hotels, on-premise consumption licensees that would also like to sell beer by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package beer license holders may not hold a BYOB Licen se. 2) Retail Package Wine License: Allows retail sale of wine in the original package. This license type would be available to the following types of qualified establishments: City Food Markets, Craft Beer and/or Wine Markets, Hotels, on-premise consumption licensees that would also like to sell wine by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package wine license holders may not hold a BYOB License. 3) Retail Package Liquor License: Allows retail sale of liquor in the original package. This category of license shall only be available to be issued to an off-premise liquor retailer, distillery or micro-distillery. On-premise consumption licensees are prohibited from selling or providing liquor in the original package to patrons, except for distilleries and mic ro- distilleries. 4) Specialty Gift Shop License: Off-premise retail package license allows for the sale of beer and/or wine by the package for consumption off - premises. This license is available at a reduced rate due to the incidental nature of alcohol sales for this type of business. (b) On-Premise Licenses. Applicants that satisfy the applicable zoning requirements may apply for a consumption on-premise (COP) license that includes one (1) or more of the following types of retail consumption categories of on-premise licenses: 1) Standard COP Licenses a. Beer/Wine/Liquor COP License: Allows retail sale of beer, wine, and liquor for consumption on-premises. This license type would be available to the following types of qualified establishments that meet the criteria above: Assembly Halls, City Food Markets, Eating Establishments, Events Facilities, Food Hall Cafes, Free- Standing Vendors, Golf Courses, Hotels, Limited Food Service Restaurants, Restaurants, Private Clubs, Sports Clubs, and other establishments not prohibited under this Chapter. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a Limited Food Service Restaurant License. PAGE 44 OF 103 b. Beer and/or Wine COP License: This license type would be available to the following types of qualified establishments that meet the criteria above: Assembly Halls, City Food Markets, Eating Establishments, Events Facilities, Food Hall Cafes, Free- Standing Vendors, Golf Courses, Hotels, Restaurants, Private Clubs, Sports Clubs, and other establishments not prohibited under this ordinance. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a Limited Food Service Restaurant License; or (iii) also obtain a craft beer and/or wine market license. 2) Limited COP Licenses: Allows limited sales and/or consumption of alcoholic beverages on premises for those not otherwise in possession of one of the two on-premises licenses listed above. These licenses are: a. BYOB License – Allows an establishment to permit patrons to bring into the establishment unopened beer and/or wine for consumption on-premises. b. Incidental Service License – Allows an establishment that does not sell food that was prepared on the premises and d oes not charge for any alcoholic beverage to have beer/wine service and consumption. c. Limited Tap License – Allows an establishment to sell a limited selection of craft beers on tap for consumption on premises. d. Courtyard Market License – Allows a commercial or retail center to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area. e. Special Events Facility License – Allows an establishment to have staff or contractors (other than alcoholic beverage caterers) serve alcohol at special events. (c) Manufacturer Licenses. The following licenses allow the manufacture of alcohol for consumption. Such licenses are not required for private production for private use and consumption of beer under O.C.G.A. § 3 -5-4 or wine as permitted under O.C.G.A. § 3-6-3, and as otherwise expressly permitted by state law: 1) Manufacturer’s License – Breweries and Distilleries. The fees for such licenses will be set from time to time by the City Council. PAGE 45 OF 103 2) Manufacturer’s License – Micro-Breweries and Micro-Distilleries. The fees for such licenses will be set from time to time by the City Council. (d) Hybrid Manufacture-Sale Licenses. The following licenses permit both manufacture and sale of alcohol at a facility, replacing the nee d for separate Off-Premises, On-Premises and Manufacturer licenses. 1) Brewpub License: Hybrid license allows an Eating Establishment that satisfies the definition and requirements of a Brewpub to manufacture beer as well as sell beer by the drink for consumption on-premises and by the package for consumption off-premises. 2) Farm Winery License: Hybrid license allows an establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell wine at its premises by the package or for consumption on-premises as authorized by Georgia law. (e) Add-On Services and Specialty Licenses. Applicants that are otherwise licensed under an Off-Premises, On-Premises, Manufacturer, or Hybrid license may apply for the following supplemental licenses to provide additional services or specialty sales: 1) Sunday Sales License: Separate alcoholic beverage license and payment of appropriate fees required for the Sunday sale of alcoholic beverages for consumption on-premises or by the package for off- premises consumption (to the extent allowed by state law). Farm Wineries, distillers, and brewers are not required to obtain a separate Sunday Sales License to provide alcohol on Sundays as long as they are operating in compliance with applicable local and state laws regarding the sale of alcoholic beverages. 2) Alcoholic Beverage Catering License: Allows a licensed on-premise consumption retailer or licensed off-premises package retailer qualified under state law to deliver and serve alcohol at locations other than its licensed facility. This license does not eliminate the need for the alcoholic beverage caterer to obtain a Catered Events Permit for each such catered event. 3) BYOB License (Existing On-Premises Licensee): Allows holders of an on-premises license to permit a patron to bring into the establishment unopened beer and/or wine for consumption on -premises. 4) Limited Food Service Restaurant: Allows the holder of an on-premises license to operate a restaurant with alcohol sales for consumption on - premises while not meeting the requirements of an eating establishment. PAGE 46 OF 103 5) Restaurant Package Sale License: Allows holders of an on-premises license that qualifies as a restaurant to sell packaged beer and wine without the need for a separate off-premises license. 6) Craft Beer and/or Wine Market: Allows certain holders of an off- premises license and an on-premises license to sell alcohol at a craft beer/wine market. 7) Growler/Crowler License: Allows holders of an off-premises license to sell alcohol in growler/crowler packaging. 8) Ancillary Tasting License: Allows holders of an off-premises license to offer the public, at no charge, small quantities of alcohol for on- premises consumption. (f) Summary of License Types. (1) The following chart lists the license types and prerequisite underl ying licenses: License Category License Name Prerequisite License Off-Premises Package Sales Package beer None Off-Premises Package Sales Package wine None Off-Premises Package Sales Package liquor None Off-Premises Package Sales Specialty gift shop None On-Premises Consumption (Standard) Beer/wine/liquor None if an eating establishment; otherwise this must be paired with a Limited Food Service License. On-Premises Consumption (Standard) Beer/wine None if an eating establishment; otherwise this must be paired with a Limited Food Service License or Craft Beer and/or Wine Market License. On-Premises Consumption (Limited) BYOB None On-Premises Consumption (Limited) Incidental service None On-Premises Consumption (Limited) Limited tap None On-Premises Consumption (Limited) Courtyard market None On-Premises Consumption (Limited) Special events facility None Manufacturing Brewery or distillery None Manufacturing Micro-brewery or micro- distillery None Hybrid Brewpub None PAGE 47 OF 103 Hybrid Farm Winery None Add-On Sunday sales Off-Premises Package Sales, On- Premises Consumption (Standard), On-Premises Consumption (Limited), or Hybrid Add-On Catering Off-Premises Package Sales or On- Premises Consumption (Standard) Add-On BYOB On-Premises Consumption (Standard) or On-Premises Consumption (Limited) Add-On Limited Food Service License On-Premises Consumption (Standard) Add-On Restaurant Package Sales On-Premises Consumption (Standard) Add-On Craft Beer and/or Wine Market Off-Premises Package Sales and either On-Premises Consumption (Standard) or On-Premises Consumption (Limited) Add-On Growler/Crowler Off-Premises Package Sales Add-On Ancillary Tasting Off-Premises Package Sales, Manufacturing or Hybrid licenses. (2) The fee for each license 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. Sec. 4-71. – Temporary Alcoholic Beverage License: Temporary alcoholic beverage licenses may be issued for a limited duration to an applicant whose application for a license appears on its face to meet all of the requirements of this Chapter and the zoning ordinance. This license may be suspended or revoked if it is determined that the application or the applicant does not meet th e City’s requirements to hold an alcohol license. Sec. 4-72. – One-Time Permits: Permits for service of alcohol may be issued for specific events of limited duration to applicants who lack a license allowing the sales, consumption, or service intended a t the specific event. Permit fees and requirements may be waived by the City Manager or his or her designee when such permits are for a City sponsored event, so long as the applicant shows proof of current alcohol licenses and pouring/server permits. The following permits may be issued: (a) Special event permit 1) Existing on-premises licensee 2) Non-licensee (b) Grand opening/annual promotion permit (c) Public facilities event alcohol permit (d) Catered event permit. PAGE 48 OF 103 Sec. 4-73 – 4-74. Reserved. DIVISION 2. - SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES Sec. 4-75. Reserved. Sec. 4-76. - License prohibited for liquor package sales in connection with certain establishments. No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premise consumption. Sec. 4-77. - Limited Sales or Consumption On-Premises Licenses. Certain establishments that do not possess a Beer/Wine/Liquor COP License or a Beer/Wine COP License may be qualified to obtain licenses that allow for limited service or sale of certain alcoholic beverages for on-premises consumption as follows: (a) “Bring Your Own Beverage” (BYOB) License (No Pre-existing On-Premises License). A "Bring Your Own Beverage” License is available to allow an otherwise qualified establishment upon a successful application and pay ment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premise consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this Chapter, a BYOB License may be issued and maintained at an approved establishment only under the following conditions. 1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:30 p.m. until 1 hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. 2) Off-premise retailers who do not also hold an on-premise consumption license are not permitted to allow patrons to bring alcoh olic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. 3) Establishments that also hold an on-premise consumption license shall pay the same BYOB License fee as other BYOB establishments but will PAGE 49 OF 103 not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premise license. 4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this Chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. 5) For purposes of this Section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. 6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: i. The establishment may not sell liquor by the package. ii. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. iii. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. iv. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. v. No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. vi. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. vii. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. viii. Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. (b) Incidental Service License. An Incidental Service License is available to a qualified establishment upon a successful app lication and payment of appropriate fees to allow beer and/or wine consumption (but not sale) at an otherwise qualified establishment that does not sell food prepared on the PAGE 50 OF 103 premises and for which the service of food and beverage for consumption on - premises is not its primary business. A license may be issued and maintained at such an establishment only under the following conditions: 1) The establishment cannot charge for alcohol. 2) The service of alcohol is limited to beer and wine. 3) The licensee shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day. 4) Alcohol expenses shall not exceed two percent (2%) of gross receipts. 5) The hours during which beer and/or wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 6) The establishment must meet the other qualifications and comply with the other provisions in this Chapter that govern on-premise consumption dealers. 7) An establishment with an Incidental Service License is not eligible to also hold a package or BYOB license. (c) Limited Tap License. A Limited Tap License is available to a qualified establishment upon a successful application and payment of appropriate fees to allow craft beer consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage is not its primary business. A license may be issued and maintained by such an establishment only under the f ollowing conditions: 1) The service of alcohol is limited to five (5) or fewer beer taps. 2) The establishment must gain approval from the Fire Marshall and Building Official in accordance with applicable codes. 3) The licensee shall not allow consumption by any individual to exceed 48 ounces within a calendar day. 4) The hours during which beer may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 5) The establishment must meet the other qualifications and comply with the other provisions on this Chapter that govern on-premise consumption dealers. PAGE 51 OF 103 6) A Limited Tap Establishment is not eligible to also hold a package or BYOB License. (d) Courtyard Market License: Allows owner or property manager of a commercial or retail center that meets the requirements of a Courtyard Market to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area on the licensed premises without being required to obtain a separate Special Event Alcohol Permit. The applicant for a Courtyard Market license shall show by plat or survey, submitted with the license application, the physical delineation of the area in which alcoholic beverages will be sold, consumed, and stored and such area shall be included as part of the premises as defined in this section. Licenses to sell alcoholic beverages for consumption on-premises as a Courtyard Market may only be issued to the owner or property manager of the Courtyard Market. (e) Special events facility license. 1) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed alcoholic beverage caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for on-premise consumption. 2) 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 on-premise consumption. 3) In order to be eligible for a consu mption on-premises license, a special events facility must: i. Be available to public or private groups of persons; ii. 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 iii. Be open to or attended by invited or selected guests or paying patrons; or iv. Be a sports complex situated in conformance with the City's zoning ordinances. Sec. 4-78 – 79. Reserved. Sec. 4-80. – Brewpubs. PAGE 52 OF 103 A limited exception to the provisions of this Chapter which implement and enforce the three-tier system for the manufacture, distribution and sale of beer established under state law shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (a) No individual or person shall be permitted to own or operate a brewpub without first obtaining a proper Brewpub License from the City Council and payment of appropriate fees pursuant to the procedures set forth in this Chapter, and each Brewpub Licensee shall comply with all other applicable state and local license requirements. (b) In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an eating establishment as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3 -5-36(2)(D), or retail sales by the package or Growler or Crowler, shall be included. (c) A brewpub licensed under this Chapter may engage in the retail sale of beer for off-premises consumption, so long as beers sold by the package by the brewpub are manufactured on site, subject to the limitations of state law and this section. (d) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer per day. (3) Operate a restaurant that shall be the sole retail outlet for such beer provided directly for on-premise consumption (not through a wholesaler). Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on-premises by this Article, including beer, wine and liquor, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on -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 beer from licensed wholesalers for consumption on-premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on-premises or by the package, as PAGE 53 OF 103 applicable, is authorized for other retailer licensees under this Chapter. Under no circumstances shall such beer be sold by a licensed brewer to a licensed retailer or on-premise consumption retailer for the purpose of resale. (5) Notwithstanding any other provision of this Section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on-premise consumption retailers (6) Be issued a tasting license. (e) Notwithstanding the foregoing provision, 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. (f) A Brewpub Licensee shall not offer or permit any free sampling of beer by its patrons on the premises, except pursuant to the terms of its tasting license. (g) A Brewpub Licensee shall pay all state and local license fees and excise taxes applicable. (h) For the purposes of this Section, the term "barrel" means 31 gallons of beer. (i) Except as set forth in this Section, a Brewpub License holder shall be subject to all provisions of this Chapter. Sec. 4-81. – Farm wineries. (a) Any duly licensed Farm Winery may make retail sales of its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under State law in a tasting room on the premises of the Farm Winery without additional license requirements. Nothing in this Sec tion shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses or permits as permitted by state law and City Ordinances. (b) To obtain and maintain a license, a Farm Winery must be in compliance with Chapter 64 of the City of Milton Code of Ordinances. (c) Permitted sales. A Farm Winery may sell its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under State law at retail in a tasting room or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off - premises. Other sales of alcohol may be as permitted by state law and City Ordinances. PAGE 54 OF 103 (d) Tastings. Offering of samples free of charge shall req uire an ancillary tasting license. (e) Licensee qualifications. The qualifications for the license for sale by Farm Winery tasting room shall be the same as set forth in this Section. (f) Licenses issued. The alcoholic beverage licenses which are issued to Farm Wineries under a Farm Winery license issued 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. 2) Retail package sales of wine. All sales shall be by and through the Farm Winery tasting room at the site which said license is issued. 3) Farm Winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on-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. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter that govern on-premise consumption. 4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if approved, may be issued multiple Farm Winery licenses as provided in 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 wine sales and consumption on-premise. 5) Special Event Alcohol Permit or Events Facility License. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City Ordinances. (g) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for Farm Winery operations. PAGE 55 OF 103 (h) Hours and days of sale. Farm Wineries shall be permitted to operate only during the following hours and days of the week, as in dicated: 1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 2) Sunday from 12:30 p.m. until 10:00 p.m. 3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (i) Applicable provisions. The 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. (j) Licensing limitations. The tasting license created in accord with this Article shall be limited to Farm Winery tasting roo ms 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 tasting use. (k) 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 may result in a refusal to renew the license. Sec. 4-82 – Sunday sales. This license requires compliance with the requirements of state law with respect to the sale of alcoholic beverages on Sunday, and payment of the applicable fee. Sec. 4-83 – Alcoholic beverage caterers. (a) License and permit requirements for resident alcoholic beverage caterers. 1) Any off-premise or on-premise alcohol beverage licensee within the City may apply for an Alcoholic Beverage Catering License that, when utilized in compliance with state law and upon receipt of a Catered Event Permit, permits the transport, delivery and sale of alcoholic beverages for service and consumption at private functions on private property, at duly licensed special events and at assembly halls or special events facilities. 2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license 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. PAGE 56 OF 103 (b) It shall be prohibited 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 li cense and event permit as provided herein and as regulated by state law and the Georgia Department of Revenue. (c) Catered Event Permit Approval. In order to distribute or sell beer, wine or liquor to or at a catered function within the City, a licensed alco holic beverage caterer shall file an application for a Catered Event Permit with the City Manager or his or her designee. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local li cense numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other information the City deems necessary to review a request for such Approval. There will be an annual fee set by City Council for applications filed by resident caterers. Non-resident caterers must include with the application a copy of the caterer’s current alcohol license and server permits from the non-resident caterer’s home jurisdiction. For non-resident caterers, the fee for each permit shall be established from time to time by the Mayor and City Council as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state Alcoholic Beverage Catering Licenses as we ll as the original Catered Event Permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the Alcoholic Beverage Catering License and Catered Event Permit. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For e xample, if the alcoholic beverage caterer possesses a valid license to sell beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain a server/seller alcohol permit required for alcohol. (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (h) 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 PAGE 57 OF 103 amount set forth in this Chapter and shall be paid withi n 30 days after the conclusion of the catered event or function. Sec. 4-84. Bring Your Own Beverage (BYOB) License (On-Premises Licensees) (a) A "Bring Your Own Beverage” License is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premise consumption licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this Ch apter, a BYOB License may be issued and maintained at an approved establishment only under the following conditions. 1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:3 0 p.m. until 1 hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sunday s. 2) Off-premise retailers who do not also hold an on-premise consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. 3) Establishments that also hold an on-premise consumption license shall pay the same BYOB License fee as other BYOB establishments but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premise license. 4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this Chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. 5) For purposes of this Section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. 6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: i. The establishment may not sell liquor by the package. ii. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have PAGE 58 OF 103 available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. iii. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. iv. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. v. No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. vi. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. vii. Any beer or wine opened and not c ompletely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. viii. Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose o f it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. Sec. 4-85. – Limited Food Service Restaurant License . A supplemental Limited Food Service Restaurant License is required to sell alcohol for consumption on- premises at a Limited Food Service Restaurant. A Limited Food Service Restaurant must derive at least 30 percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited Food Service Restaurant do not qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales License. Sec. 4-86. – Restaurant Package Sale License. (a) Sale of beer and/or wine for consumption off -premises sold by a restaurant licensed for on-premises consumption is subject to the following provisions: 1) Beer and/or wine shall be properly labeled in accordance with this Chapter and state law; 2) Beer and/or wine purchases may only be made in conjunction with a food purchase; 3) No more than one (1) bottle of wine and/or one (1) package of beer may be sold to a legally aged patron; and PAGE 59 OF 103 4) The price of beer and/or wine for consumption off-premises must be the same as the price for beer and/or wine consumed on premises. (b) Wine that has been opened for consumption on the premises may be removed from the premises by the patron only when the licensee has complied with the “Merlot to Go” provisions of Section 4-134 of this Chapter and state law governing the same. This subsection does not apply to beer that has b een opened for consumption on the premises; (c) Sales of beer and/or wine by the package may only be processed by employees or agents authorized by the licensee and meeting the qualifications of this Chapter to sell alcoholic beverages; (d) Nothing in this Section shall authorize, permit, or otherwise allow an on-premise consumption retailer to obtain a license as an off-premise liquor retailer. (e) Notwithstanding any of the provisions of this Section, on-premise consumption retailers shall not sell beer or wine by the package for carryout purposes: 1) On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or 2) 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. Sec. 4-87. – Craft Beer and/or Wine Market License. A Craft Beer and/or Wine Market License is available to a qualified establishment in conjunction with application and payment of appropriate fees to allow sales by the package and for consumption on-premises of craft beer and/or wine. Such license is available to an otherwise qualified establishment under the following conditions: (a) The establishment shall offer a minimum of fifty (50) different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requi rements as set forth in this Chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on -premise license as well as an off-premise beer and/or wine package license. (c) The primary purpose of the establishment must be the package sale of craft beers and/or wine for consumption off-premises. (d) Sales of craft beers and wines may be for consumption on-premises and/or package (including Growlers or Crowlers). Although a Craft Beer and/or Wine Market is required to apply for a Growler/Crowler License in order to sell PAGE 60 OF 103 Growlers or Crowlers, the license fees for any such Growler/Crowler License will be waived for such establishments. (e) Craft Beer and/or Wine Markets shall be permitted in areas currently zon ed to allow for both on-premise and off-premise consumption and shall meet all distance requirements for both types of licenses. (f) Craft beers and wine consumed on the premises of a Craft Beer and/or Wine Market shall only be opened by the licensee or an employee of the Craft Beer and/or Wine Market. Craft beers and wine to be consumed on -premise shall not include Growlers or Crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this Chapter. (h) The sale of food is expressly permitted in a Craft Beer and/or Wine Market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (j) The Craft Beer and/or Wine Market License is a supplement to, and not a substitute for, the off-premises sales license and on-premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. Sec. 4-88. – Growlers or Crowlers. (a) The sale of Growlers or Crowlers requires a separate Growler/Crowler License. Brewpubs, Craft Beer and/or Wine Markets, Eating Establishments and Restaurants may be licensed to sell Growlers or Crowlers if they meet all other requirements to hold an off-premise beer and/or wine package license. Establishments that sell liquor by the package are prohibited from also selling Growlers or Crowlers. (b) The filling of Growlers or Crowlers 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 or Crowlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed Growlers or Crowlers may be filled and made available for retail sale. (e) Each Growler or Crowler must be securely sealed and removed from the premises in its original sealed condition. PAGE 61 OF 103 (f) As with any other off-premise package license, unless the licensee holds a separate on-premise consumption license, consumption on-premises is strictly prohibited. Sec. 4-89. – Ancillary Tasting. (a) Ancillary Tasting License. The holder of a hybrid license will receive an ancillary tasting license as part of its hybrid license. The holder of an off- premise retail license, manufacturing license or hybrid license may be eligible for a separate ancillary tasting license to provide samples it offers for sale by the package to patrons upon meeting all of the requirements specified in this Chapter and paying the required fees. An Ancillary Tasting License may be utilized at an approved establishment only under the following conditions: 1) Sampling shall be on limited occasions when a patron requests a sample offered for sale within the premises or in conjunction with education classes and sampling designed to promote beer and/or appreciation and education. 2) Beer and/or wine tasting for patrons shall only be conducted at a counter area constituting no more than ten percent (10%) of the entire floor area of the premises. 3) Sampling for patrons shall not exceed two (2) ounces per sample of beer/wine or ½ ounce of liquor, and no patron shall consume more than eight (8) ounces of beer/wine or 2 ounces of liquor (or any proportional combination of the two) in any two-hour (2) period. 4) Bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. 5) No open containers of beer and/or wine shall be removed from the licensed premises. 6) The holder of an Ancillary 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. 7) Sampling and tasting is permitted within the enclosed portion of the premises. 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, und er such conditions as the City Manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare PAGE 62 OF 103 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. 8) The hours during which tastings may be conducted are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 9) This section is intended to be interpreted as a supplement to, and not to interfere with the requirements of, O.C.G.A. § 3 -15-2. Sec. 4-90. - Temporary Alcoholic Beverage Licenses. (a) Authority. The City Manager is authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions set forth in this Section. (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the City Manager, not to exceed 90 days. No such license shall be issued unless: 1) An application for a license is filed with the City Manager and payment in full of the fee thereof has been deposited with, and cleared, the City’s financial institution. 2) The City Manager is satisfied that the location for the proposed license substantially complies with the provisions of this Chapter 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) Extension of temporary license. If, at least three (3) business days prior to the expiration of a temporary license, the applicant requests and explains why an extension is needed, and the City Manager finds the factual circumstances surrounding the request to support the granting of an extension; the City Manager is authorized to extend the period of the temporary license up to an additional sixty (60) days and charge an additional temporary license fee. Should an applicant have reason to seek an extension beyond the first extension of an additional sixty (60) days and the City Manager finds the factual PAGE 63 OF 103 circumstances surrounding the additional extension request to support the granting, then the City Manager shall present the request to City Council for consideration and approval or denial at the next regular session of City Coun cil. (e) No bearing on decision for 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 license. The City shall not be liable to the applicant if, for any reason, a license is not issued either prior to the expiration of the temporary license or not issued at all. Secs. 4-91 – 4-92 Reserved. DIVISION 3. - SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4-93. - Special Event Alcohol Permits (a) For existing Consumption Off-Premise and/or On-Premise Licensed Establishments: A Special Event Alcohol Permit may be issued to any establishment licensed to sell alcoholic beverages for consumption on- 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 the time permitted by the approved Special Event Permit issued under Chapter 64. The Licensee must submit an application and pay the required non -refundable fee, and, in relation to the Special Event Alcohol Permit, shall be required to comply with all licensing requirements associated with its Consumption On-Premises License with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this Chapter, the hold er of the Special Event Alcohol Permit may be authorized, upon terms and condit ions 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. An establishment that holds a current on-premise consumption license may not receive a Special Event Alcohol Permit for package sales for off-premises consumption. (b) For non-profit civic organizations: A Special Event Alcohol Permit may be issued to any non-profit organization for a period not to exceed the tim e permitted by the approved Special Event Permit issued under Chapter 64. The Applicant must submit an application and pay the required non -refundable processing fee and shall be required to comply with all licensing requirements for a consumption on-premises establishment with the exception of the full- service kitchen requirement. Notwithstanding any other term or prohibition in this Chapter, the holder of a Special Event Alcohol Permit may be authorized, upon terms and conditions identified by the City Ma nager, to pour alcohol at the special event, sell sealed packaged beer and/or wine for off -premise consumption, and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the PAGE 64 OF 103 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 a Consumption On-Premises 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 accommodatio n shall only be authorized, if at all, during the term of the special event. (c) Any employee or volunteer of a non-profit Special Event Alcohol Permit, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. (d) The special event must meet the following criteria prior to the issuance of a Special Event Alcohol Permit: 1) The event must have been permitted as an approved special event, as described in Chapter 64, prior to the issuance of a Special Event Alcohol Permit. 2) The special event must be associated with and benefit the cause of a non-profit charitable or civic organization. c) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this Chapter. d) Chief of Police’s authority to revoke. The Chief of Police or his or her designee may immediately revoke any Special Event Alcohol Permit 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 Alcohol Permit, the licensee shall indemnify and hold the City harmless from any and all claims, demands, or causes of action that may arise from activities associated with the special event. Sec. 4-94. - Grand Opening/Annual Promotion Permit (a) Any establishment licensed to do business in the City and meeting all other location requirements to be open to the public may apply for a Grand Opening/Annual Promotion Permit. Such license allows the holder to provide beer and wine for consumption on-premises of its business establishment for a single four (4) hour period in any given year for the purpose of celebrating the business whether for a grand opening, anniversary, or other special event. The establishment must abide by all other provisions of this Chapter, inc luding prohibitions against providing alcohol to minors and intoxicated patrons. The PAGE 65 OF 103 establishment may not receive money or donations for the alcohol served in accordance with such a license. (b) Employees or volunteers of the Grand Opening/Annual Promotion Permit, working the event in any position in any position d ispensing, selling, serving, taking orders, or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, sell, serve, or take orders for alc oholic beverages. Sec. 4-95. - Public facilities event alcohol permit. (a) Notwithstanding any other provision of this Chapter to the contrary, a limited exception to allow the consumption of alco holic beverages on public property shall exist for that person or entity possessing a Public Facilities Event Alcohol Permit, as hereinafter defined . (b) For all purposes of this Section, "public facilities" shall mean all facilities owned or leased by the City, except: 1) Any fire station; and 2) Any public safety facility. (c) Any person or entity desiring to engage in activities licensed by thi s Section, shall make written application to the City Manager or his or her designee for the appropriate Public Facilitie s Event Alcohol Permit on forms prescribed by the City. All applications shall be accompanied by a Public Facilities Event Alcohol Permit fee as established by the City Council. Further, all applicants shall be required to provide a release and meet any ot her requirements established by the City Manager as conditions of obtaining the Public Facilities Event Alcohol Permit. (d) The City Manager or his or her designee shall consider the following factors in determining whether to approve or deny an application f or a Public Facilities Event Alcohol Permit: 1) expected time period in which the event will occur; 2) whether the event wil l occur during daylight hours; 3) the number of people expected to attend the event; 4) other activities scheduled to occur in the structur e, facility or property at the time of the event; and 5) any other factor weighing upon the health, safety or welfare of o thers. PAGE 66 OF 103 (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 Event Alcohol Permit is granted by the City Manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two (2) days for a public park and one (1) day for any other public facilit y. (g) A Public Facilities Event Alcohol Permit for a public park shall permit the permit holder to serve and sell alcoholic beverages in a hospitality tent or similar structure previously approved by the Fire Marshall, and the alcoholic beverages may only be consumed on-premises of such hospitality tent or similar structure. (h) A Public Facilities Event Alcohol Permit shall license the holder to serve and sell alcoholic beverages within the premises of the public facility. (i) A Public Facilities Event Alcohol 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 (2) permits per calendar year shall be issued to an in dividual 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 inform ation contained in, or material statement omitted from, an original or renewal application for a Public Facilities Event Alcohol Permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this Section, a Public Facilities Ev ent Alcohol Permit holder must comply with all of the provisions set forth in this Chapter. Sec. 4-96. – Catered event permit. See Section 4-83. DIVISION 4. - ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4-97. – Package sales of distilled spirits. PAGE 67 OF 103 (a) No liquor by the package shall be sold at re tail except in: 1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; or 2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of liquor 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 beer, wine, alcohol consumables, liquid commodities and/or mixes normally used in the preparation and serving of liquor. (c) Off-premise distilled spirits 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 liquor 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. Sec. 4-98. – Reserved. Sec. 4-99. – Private clubs. (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 f ood. However, any such organization selling or dispensing alcoholic beverages, or allowing BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on-premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this Chapter as other on-premise licensees. Sec. 4-100. – Hotels and In-Room Service. PAGE 68 OF 103 (a) A hotel is eligible to obtain a consumption on -premises license 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 or patrons for adequate pay; 2) Contain 50 or more rooms used for the sleeping accommodations of guests or patrons; and 3) Contain one (1) or more public dining rooms, with adequate and sanitary full-service kitchen facilities. 4) A hotel may consist of a single building or may consist of two (2) or more buildings located on the same premises and used in connection with the hotel operation. 5) 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 Chapter. (b) 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. (c) For the purposes of this Section, the term "in-room service" consists of: 1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and 2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. PAGE 69 OF 103 (d) 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 provided for in this Chapter for on-premise consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Liquor sold pursuant to this Section shall not be sold in packages containing less than 50 milliliters each. (f) 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 liquor. Secs. 4-101 – 4-105 Reserved. ARTICLE IV – OPEN CONTAINER AREAS IN SPECIAL DISTRICTS Sec. 4-106. - General provisions. The provisions of this Article are intended to set forth exceptions and provisions applicable only to licensees whose establishments are located within the areas identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on-premises. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter. Sec. 4-107. - Definition of special districts. For the purposes of this Article only, the City’s Special Districts are designated as follows: the Crabapple District, Deerfield Distr ict, and Birmingham Crossroads Districts (as shown in the attached maps) and are defined as follows: The area of the City identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding , in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a Special District, the entire licensed establishment shall be considered part of the Special District, regardless of whether any portion of the licensed establishment is in a zoning district not included in the Special District. Sec. 4-108. – Open Container Areas allowing outside consumption of alcoholic beverages. PAGE 70 OF 103 Notwithstanding any other provisions in this Chapter, the following activities are specifically allowed within Open Container Areas in the City’s “Special Districts.” (a) One (1) drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on-premises whose entrance is located in a Special District 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 establishm ent shall dispense to any person more than one (1) such alcoholic beverage at a time for removal from the premises, and no person shall remove at one (1) time more than one (1) 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 p laces 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 prohibited for any person to drink or attempt to drink any alcoholic beverage from a ca n, 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 premise within the defined districts. A licensed premise will be deemed to be within the defined district if the entrance to the licensed premises is located within the district. Sec. 4-109. - 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. Secs. 4-110 – 4-115 Reserved. ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS, SELLER/SERVER PERMITS DIVISION 1. ENFORCEMENT. Sec. 4-116. – Enforcement by Police Department. PAGE 71 OF 103 Except as otherwise provided, the Police Department shall be responsible for the enforcement of the provisions of this Chapter and applicable state law. Sec. 4-117. - Emergency suspension of sale and/or provision of alcoholic beverages. The City Manager and Chief of Police are each a uthorized to suspend the sale and/or provision of alcoholic beverages under any license for any emergency situation when the official deems such susp ension necessary for the protection of the public health, safety, or welfare. Such suspension may be made e ffective immediately and shall remain in force until the City Manager or Chief of Police determines the emergency no longer exists or until the next meeting of the City Council, at which time the city council shall decide whether the suspension shall cease or be extended. Sec. 4-1118. - Inspection of licensed establishments . (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 Chapter. Secs. 4-119 – 4-124 Reserved. DIVISION 2. OPERATING REGULATIONS Sec. 4-125 – Hours and Days of Sale Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premise consumption): Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday Sales License. (b) Retail package liquor or distilled spirits (off-premise consumption): Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 11:00 a.m. and 12:00 midnight with a valid Sunday Sales License. (c) Eating establishments, restaurants and other on-premise licenses not specifically designated in this section: Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall meet the minimum PAGE 72 OF 103 food sales requirements set forth under state law and possess a valid Sunday Sales License. (d) Ancillary license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until 1 hour before closing but no later than 1 a.m. (e) Incidental Service License, Limited Tap License, Craft Beer and/or Wine Market, Growler/Crowler Shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. (f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. Sunday from 12:30 p.m. until 10:00 p.m. (g) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this Chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this Section for discontinuance of the sale of alcoholic beverages on the premises. 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 Clubs. State Law reference— Georgia Dept. of Rev. Regulations 560-2-3-.02 Sec. 4-126. – Maintenance and compliance of premises. (a) The licensed premises shall be kept clean and shall b e in full compliance with all City regulations governing the conditions of the premises, including but not limited to, compliance with the applicable Sectio ns of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (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 (3) hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All eating establishment and restaurant areas, including all tables, booths, and other areas where patrons are served and incl uding all passageways for patrons, 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 is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all County and state health rules and regulations and report any violations to the City Manager or his or her designee. PAGE 73 OF 103 (e) City fire personnel are authorized to regularly inspect the premises t o see that they are in compliance with all City, County, and state fire regulations and report any violation to the City Manager or his or her designee. (f) The City Community Development Department is authorized to regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the City and County and report any violation to the City Manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this Chapter and report any violation to the City Manager or his or her designee. Sec. 4-127. - Advertising; signs; pricing. (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: 1) On the exterior of any retail package outlet; 2) On the premises of an on-premise consumption dealer; or 3) In the windows of any licensed 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 patrons on a regular printed menu. (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. Sec. 4-128. - Wholesaler and distributor registration and delivery requirements . All wholesalers or distributors shall register and pay appropriate fees with the city and comply with this Chapter before they can sell or deliver any alcoholic beverages to any establishment in the City. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor registered as set out in this Chapter and shall at all times when deliveries are being made be subject to inspection by any and all PAGE 74 OF 103 duly authorized authorities of the City. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a valid retail license. Sec. 4-129. - Storage of alcoholic beverages by retailers. All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no o ther place. All alcoholic beverages shall be available at all times for inspection by authorized City officials. Any brand or type of alcoholic beverages found in any retailer's stock that was not delivered to the licensed premises by an authorized wholesa ler or distributor shall be subject to immediate confiscation. Sec. 4-130. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any retail licensee hereunder from any wholesaler or manufacture of beer, wine or other alcoholic beverages shall be permitted. Sec. 4-131. - 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. Sec. 4-132. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Sec. 4-133. – Tasting of samples by employees. Notwithstanding any contrary term or prohibition in this Chapter, in any retail package liquor store in which alcoholic beverages are legally sold in unbroken packages, tasting of alcohol samples by retail dealers and their employees is permitted to the extent allowed by O.C.G.A. § 3-3-26. Secs. 4-134 – 4-139. Reserved. DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS Sec. 4-140. – Licensee to identify employees involved with alcoholic beverages. It shall be the duty of the licensee to file with the City a list of the names, driver’s license numbers, addresses and telephone numbers of all present 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. PAGE 75 OF 103 Sec. 4-141. – Restrictions on employment of underage persons. (a) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It shall be prohibited for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of retail package distilled spirits establishments must be at least 21 years of age. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premise beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off-premises if there is, at all times during which any person under 18 years of age is working and during hours within which alcoholic beverages are sold, either the licensee or at least one (1) employee ove r the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. (c) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages, all such employees shall require proper age identification of any person attempting to purchase alcoholic beverages. Sec. 4-142. – Alcohol seller/server permits required; application process and conditions; appeals; training. The following regulations shall apply to all establishments holding an alcoholic beverage license other than non -profit Special Event Alcohol Permits and Grand Opening/Annual Promotion Permits: (a) No person shall be employed or allowed 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 to hold an alcohol seller/server permit. (b) This section shall not be construed to include volunteer groups with nonprofit tax-exempt status from the Internal Revenue Service whose volunteer effo rts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. However, no volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No alcohol seller/server permit shall be issued until such time as a signed application has been filed with the City Police Department and upon paying a PAGE 76 OF 103 fee which shall be established by the City Council, and a search of the criminal record of the seller/server is 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 wit hout a court order. (d) The Chief of Police or his or her designee shall have a complete search made relative to any police record of the seller/server seeking a permit. If there is no record of a violation that would preclude the individual from selling or serving alcohol under this Chapter, the Chief of Police or h is or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for sales and service of alcohol at the licensed location. If it is found that the person is not eligible, the Chief of Police or his or her designee shall notify the person, in writing, that he or she not eligible for an alcohol seller/server permit from the City, of the cause of such denial, and of the individual’s right to appeal. Appeals shall be filed with the City Manager and heard by the City Council. (e) Crimes preventing the possession of an alcohol seller/server permit: Any individual seeking an alcohol seller/server permit shall submit to fingerprinting as part of a background investigation by the Police Department in connection with the application for the permit. No person shall be granted an alcohol seller/server permit who has, within five (5) years of the date of applying for said permit, been convicted of or pled guilty or ent ered a plea of nolo contendere to any crime involving: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages (including sale or transfer of alcoholic beverages to minors in manner contrary to law), keeping a place of prostitution, pa ndering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime. No person shall be granted an alcohol seller/server permit who, at the time of applying for an alcohol seller/server permit, is then on parole or probation for any of the criminal offenses identified in this subsection. No person shall be granted an alcohol seller/server 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 (5) 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 p lea of guilt or nolo contendere shall not be considered as t o 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.; provided, however, that any such offense shall not be ignored where the defendant violated any term of probati on 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. PAGE 77 OF 103 (f) An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the Police Department or the City Manager's staff. (g) 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 alcohol seller/server permit under this section. If it is determined that a person is in viola tion of this subsection and a permit is denied for this reason, then thirty (30) calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) 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. (i) A replacement permit will be issued within thirty (30) days of the original date, upon paying one-half of the fee charged for an original alcohol seller/server permit. After thirty (30) days of original application date, a new application and fee must be submitted. (j) 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. No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid City alcoho l seller/server 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 alcohol seller/server permit. Training of permit holders. 1) Licensees shall provide regular information, the establishment’s alcohol sale/service policies, and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages and do not appear to be legally intoxicated. Training shall also include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and the City’s ordinances regarding the prohibitions against providing alcoholic PAGE 78 OF 103 beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. 2) Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. Evidence of such training records shall be made available upon request for inspection by the City. (k) Any establishment that has agents or employees acting in violation of this section may receive a fine and/or license suspension or revocation as set forth in this Chapter for violations of this Chapter. (l) Any individual working in a licensed establishment without the required permit may be charged with a misdemeanor and penalized accordingly and may also be prohibited from applying for an alcohol seller/server permit within the City for a period of time up to sixty (60) days in the discretion of City Council. Secs. 4-143 – 4-149 Reserved. DIVISION 4. SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS Sec. 4-150 - Sales and consumption on public property. (a) Except as provided in this Chapter, it shall be prohibited for any person to sell, serve, or otherwise dispense any alcoholic beverage in a street, sidewalk, alleyway, parking area, mall or other place commonly used by the public or in any other public place or on public property. (b) Private parties and organizations may secure a permit from the City Manager as set forth in this Chapter to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the City to the extent authorized. Sec. 4-151. - Drinking in public places. (a) It shall be prohibited for any individual to drink or consume all or any part of an alcoholic beverage in or on any street, sidewalk, alleyway, parking area, mall, or other place commonly used by the public unless the place has been licensed or permitted for consumption or is located in a Special District, subject to the limitations of the license, permit, or provisions of this Chapter. (b) It shall be prohibited for any individual to drink or consume all or part of any alcoholic beverage while in any City park except during licensed special events or at licensed locations within such parks. (c) Nothing in this section shall be construed to (i) prohibit the sale and consumption of any alcoholic beverage at any duly licensed sport s club, PAGE 79 OF 103 assembly hall, special event facility, or golf course owned or operated by the City, or (ii) prevent a licensee from preparing and serving alcoholic beverages to be consumed within an approved Outdoor Dining Area as part of the operation of its business. To the extent that an approved Outdoor Dining Area is located on a portion of a City sidewalk or is separated from the interior dining portion of the licensed premises by a City sidewalk, open containers of alcoholic beverages shall only be transported into or out of such outdoor dining area by the licensees' working employees as part of their work duties. Sec. 4-152. - Alcohol consumption near retail package stores . It shall be prohibited for any person to open or to consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form or within the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance. Sec. 4-153. - Open areas and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in a licensed establishment’s open areas, sidewalks, decks, patios or similar unenclose d spaces on, about or adjacent to the premises of an establishment licensed to sell alcohol for consumption on-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, o r 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 dr unkenness, disorderly conduct, or similar laws. Sec. 4-154. - Carry-out of partially consumed bottles of wine permitted (“Merlot to Go” provision). (a) An eating establishment licensed to sell wine for consumption on-premises may permit guests, patrons or members to purchase the establishment's wine on the premises and leave with no more than one (1) bottle of unfinished wine per legally aged patron as long as such bottle has been re -sealed and packaged in accordance with the provisions set forth in O.C.G.A. §3-6-4. (b) Such partially consumed bottle of wine must be transported in accordance with O.C.G.A. § 40-6-253, "Consumption of alcoholic beverage or possession of open container of alcoholic beverage in p assenger area." However, nothing in this Section shall be construed to prohibit the carrying out of beer or wine for consumption at a publicly owned or privately-owned golf course. (c) No licensee may allow patrons to remove partially consumed wine from their premises pursuant to this Section witho ut first providing written notice to and obtaining written approval from the City Manager. This approval will only be PAGE 80 OF 103 provided to establishments that meet the requirements of an “eating establishment” under this Chapter and state law. While an approved establishment may charge a “corkage fee” to patrons for the re -sealing and packaging of the wine, there will be no additional license fees assessed by the City for an establishment to be approved as a “Merlot to Go” es tablishment. Sec. 4-155. – Carry-out of alcoholic beverages prohibitions. (a) Except as otherwise provided in this Chapter, all alcoholic beverages sold or otherwise dispensed for consumption on the licensed premises shall be consumed only on the licensed premises. (b) Except as otherwise provided in this Chapter, it shall be prohibited for any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises, and it shall be prohibited for the licensee to permit any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises except as otherwise permitted under this Chapter. When prohibited, the licensee shall be responsible for ensuring that no person removes any alcoholic beverages fro m the premises in any type of container. (c) It shall be prohibited for any person purchasing alcoholic beverages for consumption on-premises to leave the premises without paying for such alcoholic beverages. (d) Except as otherwise provided in this Chapter, it shall be prohibited for patrons to gather outside the establishment of a consumption on -premises licensee and consume alcoholic beverages. (e) Except as otherwise provided in this Chapter, it shall be prohibit ed for the manager or any employee of a consumption on-premises licensee to allow patrons to gather outside the establishment and consume alcoholic beverages. Sec. 4-156. - BYOB prohibited except in licensed establishments. (a) It is prohibited for any person to bring an alcoholic beverage into any business establishment (regardless of whether the establishment holds a license to sell or serve alcoholic beverages), unless such establishment holds a valid BYOB License. (b) Where an establishment holds a BYOB License, in addition to all requirements in place for holding such license, the following requirements/prohibitions apply: 1) The establishment may not sell liquor by the package. 2) The licensee must have an established policy pertaining to BYOB practices. PAGE 81 OF 103 3) BYOB beverages are limited to beer and wine, unless a patron has rented an entire section of the premises for a private function. 4) No alcohol may be brought onto the premises or consumed by a patron under 21 years of age. 5) No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. 6) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. 7) Any beer or wine opened and not completely consumed at a busin ess establishment pursuant to a BYOB License shall be properly disposed of and not kept on the premises. 8) Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. Sec. 4-157. - Prohibited sales to persons under 21 or intoxicated persons; Sunday and election day provisions. (a) No licensee shall permit on the licensed premises, the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person under 21 years of age. (b) No licensee shall permit on the licensed premises the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person who is in a state of noticeable intoxication. (c) No licensee shall permit the sale of alcoholic beverages on Sunday, except as otherwise provided by law or in this Chapter. (d) No licensee shall permit the sale of alcoholic beverages on election days within 250 feet of any polling place or of the outer edge o f any building within which such polling place is established on primary or election days. The sale of alcoholic beverages on election days is permitted to the extent authorized by state law, pursuant to O.C.G.A. § 3-3-20. Sec. 4-158. - 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-premises, shall: PAGE 82 OF 103 1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this Section, “free” means free to the patron on behalf of the establishment. 2) Deliver more than two (2) alcoholic beverages to one (1) person at a time. For the purposes of this Section, one (1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer, or one (1) 6 ounce glass of wine or one (1) ounce of 100 proof spirits. i. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding eight (8) ounces. Each sampler shall not exceed four (4) different types of beer. ii. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three (3) ounces. Each sampler shall not exceed four (4) different types of wine. iii. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one half (1/2) ounce. Each sampler shall not exceed four (4) different types of liquor. 3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent (50%) 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 pe rsons 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 (1) day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. 6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two (2) or more legally aged persons at any one (1) 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. PAGE 83 OF 103 This subsection shall not apply to Incidental Service 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 (1) 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: 1) Offering free food or entertainment at any time; 2) Including an alcoholic beverage as part of a meal package; or 3) Selling or providing wine by the bottle or carafe when sold with meals or to more than one (1) person. (e) The Police Department shall have the responsibility for the enforcement of this Section. (f) 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 patrons 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 Service Licenses. (g) It shall be prohibited for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this Section, the term “sale” shall refer to the point at which there is an exchange of money for alcoholic beverages or when alcoholic beverages are left in the sole possession or control of a patron. Nothing in this Section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be prohibited 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 provided that this Section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB License by a patron. PAGE 84 OF 103 Sec. 4-159 – Reserved. DIVISION 5. ‘UNDER 21’ PROHIBITIONS Sec. 4-160. - Furnishing to, purchasing of alcoholic beverages by persons under 21 years of age prohibited; maintaining place where persons under 21 may purchase, drink, or possess alcoholic beverages prohibited . Refer to Chapter 32 Section 135 of the City of Milton Code of Ordinances - Prohibited acts by persons under 21 years of age. Sec. 4-161. – Purchase, consumption, possession by or for underage persons. (a) It shall be prohibited for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be prohibited for any person to keep or maintain a place where persons under 21 years of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. (c) It shall be prohibited for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee and his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. Sec. 4-162. - Under-age persons on licensed premises, employment of minors. No licensee who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or spouse who is 21 years of age or older; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under this Chapter. Sec. 4-163. - Misrepresentation of age by underage persons. It shall be prohibited for any person under the age of 21 years, to misrepresent his or her age in any manner whatsoever. Secs. 4-164 – 4-169 Reserved. PAGE 85 OF 103 DIVISION 6 – ACTIVITIES PROHIBITED ON PREMISES Sec. 4-170. - Contents of bottles. It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill empty alcoholic beverage bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 4-171. - 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 gu est 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 manage r 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. Sec. 4-172. - Employees prohibited from mingling with patrons. (a) It shall be prohibited for any employees of a licensee under this Chapter to dance or sit with patrons in the premises or for any patron to be permitted to purchase food or drink for such employe es during such employees' working hours. (b) Alcoholic beverages shall only be served by the licensee or the licensee's employees or agents. (c) It shall be prohibited for any employee or agent of any licensee to consume alcoholic beverages on the premises of the licensee during such employee's or agent’s working hours. Sec. 4-173. - Types of entertainment - attire and conduct prohibited. (a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or simulate: 1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; 2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or PAGE 86 OF 103 3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (c) 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 this Section. (d) It shall be prohibited 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 (1) and (2) of this Section. (e) Failure to comply with this Section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the City pursuant to this Chapter. Secs. 4-174—4-179 Reserved. ARTICLE VI. – REPORTING, AUDITS, AND EXCISE TAXES DIVISION 1. – GENERALLY Sec. 4-180. - Administration and enforcement of article. (a) The Finance Director or his or her designee shall administer and enforce the provisions of this Article. (b) The City Manager 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 Chapter, 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. PAGE 87 OF 103 Sec. 4-181. – Audits. (a) If the City Manager deems it necessary to conduct an audit of the records and books of a 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 Finance Director or other designee to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this Chapter. (b) All establishments licensed under this Chapter must maintain the following records for five (5) years and make them available for audit at the licensed premises: 1) Monthly income or operating statements. 2) Daily sales receipts showing beer, wine, liquor and food sales separately (this requirement does not apply to package beer and wine licensees). 3) Daily cash register receipts such as Z Tapes or guest tickets. 4) Monthly state sales and use tax reports. 5) Federal income tax return with all Form 1099s. 6) Any and all records utilized in calculating excise taxes as set forth in this Chapter. (c) The City Manager can waive all or some of the requirements of subsection (b) of this section if the City Manager finds reasonable evidence to support the waiver. Sec. 4-182. – Reporting of food sales required. (a) Each holder of any alcoholic beverage license for which minimum food sales requirements apply, shall maintain on the premises and available for inspection at any time during business hours, records that document the establishment’s sales in even dollars and as a percent of total revenue. These numbers shall include gross food sales in even dollars and as a percent of the total sales, gross alcoholic beverage sales in even dollars and as a percent of t he total sales, the amount of tax at the percent require d under this division, and any other information reasonably related to the operation of the business required by the City. A report reflecting the same shall also be provided to the City Manager upon request and no more than 20 days after such request. (b) Failure to provide any and all of the information required by this section may result in penalties specified in this Chapter, including but not limited to, penalties and interest on the amount of tax due and payable, suspension or revocation of the license, or fines. PAGE 88 OF 103 Sec. 4-183. – Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and deliveries; bonds; penalties. (a) Scope of Section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the City in the business of selling beer, wine and liquor, as defined under the laws of the state, there is imposed and levied upon all dealers described in this Section within the City limits an excis e tax, to be computed and collected as set forth in this Article. (b) Amount of tax. The excise taxes on beer, wine, and liquor are set forth below and may be modified by the City Council with such modifications set forth in a schedule of excise taxes on file in the City Manager’s office and the Finance Department. (c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed in this Article shall be computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering beer, wine or liquor to any retail dealer in the City shall, as a condition to the privilege of carrying on the business: 1) Keep true and correct records of all sales, shipments or deliveries of such alcoholic beverages to any retail dealer in the City, such records to be for a period of five (5) years for beer, wine, and liquor, and to be made available upon request to any duly authorized representative of the City. 2) Collect from each such retail dealer in the City limits at the time of delivery of the beer, wine, and liquor the amount of tax due under the terms of this Article and to hold such amount in trust for the City until such amount is remitted to the City as provided in this Section. 3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each c alendar month make a verified and comprehensive report to the City Manager or his or her designee, which shall correctly show all sales and deliveries of beer, wine, and liquor to or for retail dealers in the City limits for the month immediately preceding such report. Such report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this Article, and such other in formation as may be called for by the City. This report shall be accompanied by remittance to the City for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this Section, the City shall notify the party in writing; and if the reports are not made and the taxes remitted within five (5) days from the date of notice, the City may prohibit PAGE 89 OF 103 said wholesaler or distributor from doing business in the City until the acts of noncompliance are cured. In addition, such a wholesaler must pay a late payment charge of fifteen percent (15%) per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent (1%) per month. (e) Prohibited retail sales. It shall be a violation of this Section for any person to sell at retail within the City any beer, wine, or liquor on which the taxes provided for in this Section have not been paid. This Section shall also apply to Farm Wineries. (f) Prohibited deliveries. It shall be prohibited and a violation of this Section for any wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail dealer in the City without collecting the taxes provided for in this Section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this Section, or who shall assist any retail dealer in beer, wine, or liquor in the City to evade or avoid the payment of the taxes provided for in this Section shall be punished as provided in this Chapter and shall also be subject to having his/her license revoked. (h) Farm Wineries. Wines sold at retail by a Farm Winery shall have levied thereon the excise tax that applies to wholesalers. Farm Wineries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Breweries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. State Law reference—O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on-premises, O.C.G.A. § 3-3-42; display of prices of distilled spirits, O.C.G.A. § 3-4- 26; levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4- 80; sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt beverages required, O.C.G.A. § 3 -5-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60. Sec. 4-184. - Per drink excise tax on distilled sp irits to be collected and paid by on-premise consumption retailers. (a) There is hereby levied and imposed a specific excise tax on the sale of liquor in the amount of three percent (3%) of the charge to the public (or the patron PAGE 90 OF 103 in the case of a catered event) for the beverage that contains the liquor; this does not include any sales tax. (b) The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in wh ole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. (c) The excise taxes provided for in this Section shall be imposed upon and shall be paid by the on-premise consumption licensee who sells liquor by the drink. (d) Each licensee selling liquor by the drink within the City shall file a report with the City by the 20th day of each month showin g the preceding calendar month summary of the licensee's gross sales derive d from the sale of liquor sold by the drink during the preceding month. (e) Each such licensee shall remit to the City by the 20th day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this Section. (f) Each licensee collecting the tax authorized by this Section shall be allowed a percentage of the tax due and accounted for, and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount is not delinquent at the time of payment. The deduction amount authorized will be the rate authorized under O.C.G.A. § 48 -8-50, as now written or hereafter amended; (currently the rate of deduction as authorized under O.C.G.A. § 48-8-50 is three percent (3%) of the total amount due). (g) Excise taxes received after the 10th day of the month shall be charged a fifteen percent (15%) penalty plus interest (h) If the City Manager or his/her designee deems it necessary to conduct an audit of the records and books of the licensee, he/she will notify the licensee and an agreed upon date and time will be arranged. If a date and time cannot be agreed upon, the City Manager or his/her designee may set the date and time to occur anytime during the licensee’s normal busine ss hours. (i) In addition to any penalties otherwise set forth in this Chapter, failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. Sec. 4-185. - Excise tax on alcohol produced by brewpubs, breweries, micro - breweries, distilleries and micro -distilleries. (a) Every brewpub, brewery, micro-brewery, distillery and micro-distillery located within the City shall file a monthly report with the City Man ager or designee PAGE 91 OF 103 no later than the 20th day of each month, on such forms as the City Manager or designee may prescribe, setting forth all alcohol produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall s ubject the licensee to a deficient or late filing penalty of $25.0 0 for each deficient reporting period. (b) There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½ gallons) and $12.00 per barrel (3 1 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be 5 cents per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c) There is levied an excise tax on all liquor produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. (d) Such tax shall be paid to the City no later than the 20th day of each month for the preceding month's production. A late payment penalty of fifteen perce nt (15%) of the tax otherwise due plus interest shall be added to the amount due for any payment not received by the due date. Sec. 4-186. - Excise tax required on wholesalers. (a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065] per ounce which shall be paid to the governing authority on all wine and liquor sold by wholesalers to retailers in the City. Such tax shall be paid to the City by the wholesale distributor on all wine and liquor sold in the City as follows: 1) Each wholesaler selling, shipping, or in any way delivering wine or liquor to any licensees under this Chapter, shall collect the excise tax at the time of delivery and shall remit the same to the City together with a summary of all deliveries to each licensee on or before the 10th day of the following month. 2) Excise taxes received after the 20th day of the month shall be charged a fifteen percent (15%) penalty plus interest. 3) It shall be a violation of this Chapter for any wholesaler to sell, ship or deliver in any manner any wine or liquor to a retail dealer without collecting such tax. 4) Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of liquor delivered, together with the price thereof and the tax PAGE 92 OF 103 collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for inspection by authorized representatives of the City. If requested by an authorized representative of the City, a copy of such records shall be attached to any reports requested or required by the City. 5) It shall be a violation of this Chapter for any retail dealer to possess, own, hold, store, display or sell any wine or liquor on which such tax has not been paid. Wholesalers collecting the tax authorized in this Section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b) There is levied an excise tax on all beer sold by wholesalers to retailers in the City at the rate of $0.05 per 12 -ounce container and $6.00 for each container of tap or draft be er of 15½ gallons and in similar proportion for bottles, cans and containers of various sizes as follows: Size of Container Tax Per Container 7-ounce $0.0291 8-ounce 0.0333 12-ounce 0.0500 14-ounce 0.0583 16-ounce 0.0666 32-ounce 0.1333 Half barrel (15½ gallons) 6.00 One barrel (31 gallons) 12.00 All provisions as to excise tax in this Section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent (3%) of the taxes collected which shall not apply to beer wholesalers. Secs. 4-187 – 4-189 Reserved. DIVISION 2. – TAX RETURNS AND COLLECTION Sec. 4-190. - Tax delinquent on 21st day. The tax imposed under this Chapter shall, for each month, become delinquent on the 21st day of each succeeding month. Any such delinquent tax shall bear interest at the rate of one percent (1%) per month, or fraction thereof, and a penalty of fifteen percent (15%) of such delinquent tax shall be added and attached to the PAGE 93 OF 103 total amount of the fee. The City Manager or designee is empowered to pursue any remedy or right of collection and payment of taxes lawfully levied by the City, as may be allowed under the laws of the state and the ordinances of the City. State Law reference— Authority to impose excise tax on sale of distilled spirits by the drink, O.C.G.A. § 3-4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3-4-80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3-6-60 et seq. Sec. 4-191. - Deficiency assessment. (a) If the City has cause to believe that a return or the amount of tax paid to the City by a licensee is not proper, the City may compute and determine the amount due on the basis of any information available. One (1) 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 t o 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 three percent (3%), to accrue monthly from the 20 th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year based on the fir st weekly posting of statistical release H.15 on or after January 1 of each year. For the purpo ses of this Section, any period of less than one (1) month shall be considered to be one (1) month. (c) For any deficiency which is determined to be made due to fr aud, or an intent to evade any provisions of this Article, a penalty of 25 percent (25%) 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 (3) years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 4-192. - Failure to file return. PAGE 94 OF 103 (a) If any licensee fails to make a return, the City may 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 (1) 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 (25%) 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 this Chapter. (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 s hall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the City. Sec. 4-193. - 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 (1%) per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the City, or fails to file any required tax return to the City, within the time required, shall pay a penalty of fifteen percent (15%) of the tax and interest due the City. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the City, the wholesaler shall immediately report such failure to pay to the Finance Department and shall make no further sales of any alcoho lic 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 Cit y by an action at law against the retailer. Sec. 4-194. - Actions for collections; overpayment. (a) At any time within three (3) years after the delinquency of any amount due under this Chapter, 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 PAGE 95 OF 103 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 b e 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 (3) years from the date of payment to file a cl aim 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. Secs. 4-195 – 4-199 Reserved. ARTICLE VII. - WHOLESALERS DIVISION 1. – GENERALLY Sec. 4-280. - 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 se t by the City 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: 1) 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. Sec. 4-201. - Special provisions applicable to wholesale license . PAGE 96 OF 103 (a) Except as may be authorized under state law, no person who has any direct financial interest in any license for retail sale of any alcoholic beverage s 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 Chapter. 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 (1) retailer of another retailer's entire stock in a bona fide purchase o f 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, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) Sec. 4-202. - Audits. If the City Manager deems it necessary to conduct an audit of the wholesaler 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, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017 Secs. 4-203 – 4-222 Reserved. PAGE 97 OF 103 Exhibit B PAGE 98 OF 103 Chapter 4—Alcoholic Beverages 4-30(i) License fees See Chapter 4, Article III, Division I 4-34 Processing fee - administrative $100.00/year 4-52(e) Transfer license fee $100 4-64(b)1 Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-64(b)2 Penalty for sale to underage persons For the second offense in 24-month period A minimum fine of $750.00 4-64(b)3 Penalty for sale to underage persons For the third offense in 24- month period A minimum fine of $1,000.00 4-64(e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 Retail package license fees 4-70(a) Wine $400.00/year 4-70(a) Beers (including growlers) $400.00/year 4-70(a) Wine and beers $800.00/year 4-70(a) Liquor $3,000.00/year 4-70(a) Wine, beers and liquor $3,800.00/year 4-70(a) Specialty gift shop license (beer/wine) $100.00/year Consumption on Premises (Standard) 4-70(b)(1) Wine See 4-70(f) for prerequisites $650.00/year PAGE 99 OF 103 4-70(b)(1) Beers See 4-70(f) for prerequisites $650.00/year 4-70(b)(1) Wine and beers See 4-70(f) for prerequisites $1,300.00/year 4-70(b)(1) Liquor See 4-70(f) for prerequisites $3,200.00/year 4-70(b)(1) Wine, beers and liquor See 4-70(f) for prerequisites $4,500.00/year Consumption on Premises (Limited) 4- 70(b)(2)(a) “Bring Your Own Beverage” (BYOB) License (No Pre- existing On- Premise Licensees) $100/year 4- 70(b)(2)(b) Incidental Service License $100/year 4- 70(b)(2)(c) Limited Tap License $325/year 4- 70(b)(2)(d) Courtyard Market License $250.00/year 4- 70(b)(2)(e) Special events facility license $250/year Manufacturing 4-70(c)(1) Manufacturer’s License Brewery or Distillery $500.00/year 4-70(c)(2) Manufacturer’s License Micro- Brewery or Micro- Distillery $250.00/year Hybrid 4-70(d)(1) Brewpub $1,650.00/year 4-70(d)(2) Farm winery - wholesale $400.00/year PAGE 100 OF 103 4-70(d)(2) Farm winery - retail packages sales $400.00/year 4-70(d)(2) Farm winery - consumption on premises $650.00/year Add-On License 4-70(e)(1) Sunday Sales License Retail Package $250/year 4-70(e)(1) Sunday Sales License Consumption on Premise $500/year 4-70(e)(2) Resident caterer license For currently licensed consumption on premises or retail package establishments $150.00/year 4-70(e)(2) Non-resident caterer license For authorized event $50.00/event 4-70(e)(3) “Bring Your Own Beverage” (BYOB) License (On- Premise Licensees) See 4-70(f) for prerequisite license $100/year 4-70(e)(4) Limited Food Service Restaurant License See 4-70(f) for prerequisite license $250/year 4-70(e)(5) Restaurant Package Sale License See 4-70(f) for prerequisite license $100/year 4-70(e)(6) Craft Beer and/or Wine Market License See 4-70(f) for prerequisite license $250/year 4-70(e)(7) Growler/Crowler License See 4-70(f) for prerequisite license $100/year 4-70(e)(8) Ancillary Tasting License See 4-70(f) for prerequisite license $100/year PAGE 101 OF 103 Permits 4-72(a) Special event alcohol permit For currently licensed establishments $250.00 4-72(a) Special event alcohol permit For non-profit civic organizations $100.00 4-72(b) Grand Opening/Annual Promotions Permit No fee 4-72(c) Public facilities event alcohol permit $50.00/event 4-72(d) Catered event alcohol permit No fee Other 4-90(c) Temporary Alcoholic Beverage License 25% of assessed annual fee 4-99 Private clubs See section 4-70 4-100 Hotel and hotel in- room service See section 4-70 4-128 Wholesaler license fee Located within the city limits Wine $400.00/year Beers $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year 4-128 Wholesaler license fee Located outside of the city limits Wine $100.00/year Beers $100.00/year PAGE 102 OF 103 Wine and beers $100.00/year Liquor $100.00/year Wine, beers and liquor $100.00/year 4-142(c) Pouring permit Investigative fee $60.00/every 2 years 4-142(i) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. If after 30 days of original application, new application and fee must be submitted (see 4-235). 4-184(a) Excise tax on liquor by the drink 3% of the charge to the public for the beverage 4-185(b) Excise tax on all beer produced by a brewpub, brewery, or micro- brewery $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons), $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-185(c) Excise tax on all liquor produced by a distillery or micro-distillery $0.22 per liter or [$0.0065] per ounce, and a proportionate tax at the same rate on all fractional parts of a liter 4-185(d) Penalty for late excise tax payment 15% of the tax otherwise due 4-186(a) Wholesale excise tax on liquor $0.22 per liter of liquor, and a proportionate tax at the same rate on all fractional parts of a liter 4-186(a) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter 4-186(b) Wholesale excise tax on beers Container types PAGE 103 OF 103 When beers are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons and a proportionate tax at the same rate on all fractional parts of 12 ounces When beers are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces 4-191(b) Interest on deficiency of wholesale or retail excise tax See section 4-171(b) 4-191(c) Penalty on deficiency due to fraud 25% of the amount required to be paid 4-192(b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid 4-193(b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city 1 Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL[1] Footnotes: --- (1) --- Editor's note— Ord. No. , adopted =======, 2020, 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, approved pursuant to Ord. No. 15-03-236, § 1, 3-16- 2015; Ord. No. 16-01-267, § 1, 1-4-2016; Ord. No. 17-05-316, § 1, 5-15-2017, Ord. No. 18-06-360 , § 1, 6-4-2018, Ord. No. 18-08-370 , § 1, 8-6-2018) pertained to similar subject matter. See the Code Comparative Table for complete derivation. State Law references— Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36 -35-1 et seq.; 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, O.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; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq. Sec. 4-1. – Purposes. (a) Purposes. This ordinance is adopted as part of a comprehensive plan designed for the purposes, among others, of: 1) promoting the health and general welfare of the community; 2) establishing reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages; 3) protecting and preserving schools and churches; and 4) giving effect to land use and preserving certain residential areas, with reasonable consideration being given to, among other factors, the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and the promotion of desirable living conditions and sustained stability of neighborhoods and property values. 2 (b) Because the purposes of this Chapter are not advanced when alcoholic beverages are provided to the general public under an appearance that such alcoholic beverages are not being sold but are being given away as part of a busines s operation or other activity, any person providing alcoholic beverages to the general public, whether for sale or otherwise, must be licensed by the City. Sec. 4-2. - 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., as amended) or the Georgia Department of Revenue Regulations (Ga. Comp. R. & Reg. § 560- 2-1 et seq, as amended). Any terms used in this Chapter not specifically defined herein shall be defined as set forth by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms, as amended, shall govern. (b) As used in this Chapter, the singular and the plural shall each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this Chapter the term "may" is permissive and the term "shall" is mandatory. (d) 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: Adult Entertainment and Adult Entertainment Establishment shall have the same meanings as set forth in Chapter 64-1. Adult Entertainment Establishments are prohibited from holding an alcoholic beverage license in the City. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic Consumable means any product intended for human consumption that contains any measurable amount of alcohol as defined in this section, regardless of whether such consumable is in liquid or solid form. Alcohol consumables will be regulated by the City and shall be deemed to be included in any reference to any type of alcoholic beverage. 3 Alcoholic Beverage means and includes all alcohol, beer, wine, or liquor intended for human consumption. Any reference to alcoholic beverage in this Chapter shall be deemed to include alcoholic consumables, regardless of whether such consumables are in liquid or solid form. Alcoholic Beverage Caterer means any standard on-premise consumption retailer properly licensed to provide alcohol for consumption at private functions on private property, at special events, or at special events facilities. Ancillary Tasting License means a license that is available to the holder of a beer and/or wine retail package license and allows for on-premise tastings under limited conditions as provided for in this Chapter. Applicant means the person, partner, firm , or corporation, as owner, or other entity (individually or collectively) making the application for the alcohol license, whether compensated or not. The term “Applicant” shall include a Licensee Agent. Assembly Hall or Events Facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment, including but not limited, to trade shows and other similar activities, as well as some social events such as receptions, meetings, banquets, conventions, parties, catered events or similar gatherings. The facility must be available to public or private groups of persons for monetary consideration on a rental, fee, percentage or similar basis; be used primarily for special occasions including but not limited to, the events mentioned in this definition; be open to or attended by invited or selected guests or paying patrons; and the premises shall contain a minimum occupancy load of 200 persons for each show, event, reception or activity as permitted by the Fire Marshall. Establishments that operate as an “assembly hall” or "events facility" shall not provide Adult Entertainment, either regularly or occasionally; nor shall any such establishment operate as a Bar or Nightclub. Bar means an establishment whose primary business is the provision of alcoholic beverages and not the consumption of food. A place that derives 75 percent (75%) or more total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and does not meet the definition of any other establishment qualified to hold a license under this ordinance will be presumed to be a bar. Bars are specifically prohibited in the City. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from including the word “bar” in its name, provided that the name must also be indicative of food service, such as “Joe’s Sports Bar & Grille”. Barrel, with respect to a brewery, means a vessel that is used to age, condition, and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”). Barrel, with respect to a distillery, means a vessel that is used to age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons. 4 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 (14%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. The term "beer" is used interchangeably throughout this Chapter with "malt beverage," and any reference to beer or malt beverage shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic beverages. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this Chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on- premises of the brewery pursuant to state law. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or liquor are licensed to be sold for consumption on-premises and in which beer is manufactured or brewed, subject to the barrel production limitation prescribed in state law for retail consumption in and on premises. Bring Your Own Beverage (BYOB) License means a license issued for any place of business open to the public or any Private Club that allows guests, patrons or members to bring their own beer and/or wine onto the premises for the guests’ consumption. Building Code means and includes all building, plumbing and electrical codes and any similar technical code of the City. Building Official means the Building Official of the City as such position presently exists, or by whatever name the position may be designated in the future. The term Building Official will also be deemed to include any designee of the Building Official. Chief of Police means the Chief of Police of the City as such position presently exists, or by whatever name the position may be designated in the future . The term Chief of Police will also be deemed to include any designee of the Chief of Police. City means the City of Milton, and when used in a geographical sense, means the territorial limits of the City of Milton. City Food Market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or related games of chance or beer by the keg; (b) does not provide for the on-premises use 5 of coin operated amusements; (c) at all times that it is open to the public, maintains an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and beverages, with a minimum cumulative cost of goods sold of such food product s of at least $125,000; (d) has an interior floor area of at least 4,500 square feet and not more than 20,000 square feet, of which more than 50 percent (50%) of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than 4 individuals who work at least 35 hours per week on the premises, and (f) derives less than 20 percent (20%) of its gross receipts from the sale of beer and/or wine. City Manager means the City Manager as such position presently exists, or by whatever name the position may be designated in the future. The term City Manager will also be deemed to include any designee of the City Manager. College means only those state, county, city, church, or other higher education institutions that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of the State of Georgia First Offender Act. County means Fulton County, Georgia, and, when used in a geographical sense, means the territorial limits of Fulton County, Georgia. Courtyard Market means a commercial or retail center consisting of one (1) or more structures on one (1) or more contiguous tracts or parcels of land, having a minimum of at least ten (10) acres and at least 400,000 square feet of structures and having a minimum of 40,000 square feet of retail uses and not less than 45,000 square feet of outdoor areas used for public and private events, entertainment, farmer's markets, exhibitions, performances, shows, events, concerts and community events occurring on plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and sidewalks that are in the dominion and physical control of the owner of the Courtyard Market, the owner's agent, or the owner's lessee. No adult entertainment shall be permitted in a Courtyard Market. Craft Beer means a beer brewed by an independent brewer with annual production not exceeding six (6) million barrels. Craft Beer and/or Wine Market means a retail establishment whose primary purpose is the sale of craft beers and/or wine for consumption off-premises. Sales of craft beers and wines may be for consumption on-premises and/or package (including Growlers or Crowlers). 6 Distance means the distance requirements, as prescribed by state law, for the sale of alcoholic beverages and the manner in which distances are measured. Distilled Spirits, Liquor, or Spirituous Liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent (24%) alcohol by volume, including, but not limited to, all fortified wines. Any reference to Distilled Spirits, Liquor, or Spirituous Liquor shall be deemed to include alcoholic consumables that contain distilled spirits or spirituous liquor. The terms Distilled Spirits, Liquor, or Spirituous Liquor, when used in this Chapter, shall all carry the same meaning. Distiller means a manufacturer of Distilled Spirits. Distillery means a domestic manufacturing facility for Distilled Spirits that is licensed by the state. Provided that licenses are issued as required by this Chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Domestic Wine means any and all wines produced by a Farm Winery within this state. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating Establishment shall have the same meaning as set forth by state law. (O.C.G.A. § 3-3-7). An Eating Establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of fifty percent (50%) of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Entertainment or Live Entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Events Facility shall have the same meaning as "assembly hall" or "rural or agricultural event facility" as set forth in Chapter 64-1. Any establishment licensed as an Events Facility shall not provide Adult Entertainment either regularly or occasionally; nor shall any such establishment operate as a Bar or Nightclub. Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by state law. Provided that a license is issued as required by the state and under this Chapter, a Farm Winery licensed by the City is authorized to sell Georgia wine at its premises by the package or for consumption on-premises as authorized by Georgia law. 7 Fire Marshall means the Fire Marshall of the City, as such position presently exists, or by whatever name the position may be designated in the future. The term Fire Marshall will also be deemed to include any designee of the Fire Marshall. Fixed Salary means the amount of compensation paid to any member, officer, agent, or employee of a bona fide Private Club as may be fixed by its members 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 regulations shall not be considered as profits from the sale of alcoholic beverages. Food Caterer means any person that prepares food for consumpti on off the food caterer’s premises. Food Hall means a retail area that contains more than two (2) food hall cafes, where a minimum of 65% of the area is dedicated to food hall cafes that provide prepared meals for consumption on the premises during the entire time that alcohol is sold and that share a common area with at least forty (40) seats at tables for the food hall café patrons collectively within a building, courtyard, or other contiguous space. Food Hall Café means a food and/or beverage vendor located within a Food Hall. A Food Hall Café licensed under this Chapter for on-premise consumption of alcohol may enter into an agreement with one (1) or more food vendors within the same Food Hall to satisfy the requirements of meal service and the alcohol/food sales ratio required to be deemed an eating establishment. However, any food sales utilized by one (1) establishment to meet the ratio cannot be used by another establishment for the same purpose. In order to qualify, any utilized food vendors must be (a) located in the same Food Hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open, and prepared to serve food every hour that alcoholic beverages are offered for sale from any portion of the premises. Fortified Wine means any alcoholic beverage containing more than 24 percent (24%) 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. Any reference to Fortified Wine in this Chapter shall be deemed to include alcoholic consumables that contain fortified wine. For purposes of regulations contained in this Chapter, Fortified Wine shall be deemed a Distilled Spirit. Free-standing Vendor means any person that is permitted to sell alcoholic beverages from a cart, kiosk, or temporary structure for retail sales within an Open Container Area or at a licensed special event. Full-Service Kitchen means a kitchen that consists of a commercial sink, a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals, and a refrigerator. Said kitchen must be approved by the County Health Department and City Fire Marshall. 8 Golf Course 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 (9) holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. The term “golf course” does not include miniature golf. Growler or Crowler means a glass, ceramic, or metal container not to exceed 64 ounces that is filled by a Licensee or employee of a Licensee with craft beer from a keg and securely sealed for off-premises consumption. Growler/Crowler Shop means a retail establishment that only sells craft beer or wine or wine-based beverages in Growlers or Crowlers for off-premise consumption and no other alcoholic beverages. Establishments licensed as Growler/Crowler Shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/Crowler Shops shall be no larger than 2,500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, Growler/Crowler Shops are eligible to apply for an Ancillary Tasting License. Hard Cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent (6%) of alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this Chapter, Hard Cider shall be deemed a beer. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for Hotels shall be classified in the same category as Hotels. Incidental Service License means an on-premise alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an Incidental Service License is limited to wine and beer; and is prohibited from allowing any individual to consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent (2%) of gross receipts (gross receipts shall have the same meaning as provided in Chapter 12 of this ordinance). Interest means any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power, or authority of control. License means the authorization by the governing authority of the City to engage in the sale, consumption, or provision of alcoholic beverages as provided in this Chapter. Where required by context, the word “license” includes a permit issued for a specific event or activity. 9 Licensee means a person, real or artificial, to whom a license is issued or, in the case of a partnership or corporation, the term includes both the partnership or the corporation and the individual designated by such legal entity to serve as its license representative. Licensee Agent means an individual person designated by a partnership or corporation to act as its representative/applicant and on its behalf on all matters related to the alcohol license. A Licensee Agent must have sufficient involvement with the partnership or corporation to have supervisory authority over the day -to-day operations of the licensed premises. For the purposes of this Chapter, any reference to the term Applicant or Licensee also includes the Licensee Agent. Limited Food Service Restaurant means any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishment. A Limited Food Service Restaurant must derive at least 30 percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited Tap License means an on-premise alcoholic beverage license for an establishment that does not sell food prepared on the premises and that provides a limited selection of craft beers on tap for consumption on premises only. An establishment with a Limited Tap License is limited to having five (5) or fewer beer taps. Establishments with a Limited Tap License must limit consumption for any individual to a maximum of 48 ounces within a calendar day and must obtain approval from the Fire Marshall and Building Official in accordance with applicable codes. Liter means the metric measurement currently used by the United States. Liquor. For purposes of this Chapter, the term Liquor may be used interchangeably with the terms Distilled Spirits and Spirituous Liquor and will be deemed to have the same meaning. Live Entertainment or Entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Major Shareholder means a person that owns or controls a 20 percent (20%) or more interest in a business establishment. 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 (14%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer and malt beverages but which typically has more than 14 percent (14%) of alcohol by volume. The term Malt Beverage is used interchangeably 10 with Beer. Throughout this Chapter, any reference to Malt Beverage shall be deemed to include Beer and/or alcoholic consumables that contain malt beverages. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: 1) In the case of distilled spirits or liquor, 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 or liquor; but will be considered a vintner; 2) In the case of beer, any brewer; and 3) In the case of wine, any vintner. Micro-Brewery means a small-scale establishment in which not more than 15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Micro-Distillery means a small-scale establishment in which not more than 15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry -out package and/or on-site tasting room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent (75%) or more of its total annual gross revenue from the sale of alcoholic beverages for consumption on-premises and cover charges or entry fees and does not meet the definition of any other establishment qualified to hold a license under this ordinance will be presumed to be a nightclub. Nightclubs are prohibited in the City. Nonprofit Civic Organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Off-Premise Beer/Wine Retailer or Store means any person that sells or provides beer and/or wine to the public in unbroken packages or in Growlers or Crowlers, not for consumption on-premises and not for resale. 11 Off-Premise Distilled Spirits Retailer or Store means any person that sells or provides to the public distilled spirits in unbroken packages, not for consumption on-premises and not for resale. On-Premise Consumption Retailer means any person that sells or provides to the public alcoholic beverages for consumption on-premises, only to consumers and not for resale. Open Container Area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Unless otherwise provided, Open Container Areas are restricted to the City’s Special Districts and allow for limited outside consumption of alcoholic beverages. Outdoor Dining Area means an outdoor dining space in which an on-premise Licensee serves food and beverages as part of the operation of the licensed premises. Except as otherwise provided, the Outdoor Dining Area must be located immediately adjacent to the licensed premises. An Outdoor Dining Area may include a patio, City approved sidewalk seating, or a designated dining area within the exclusive control of the Licensee, and may be separated from the Licensee’s premises, if at all, only by a sidewalk. No part of an Outdoor Dining Area shall be located within any public right-of- way without permission of the City. 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 containers or in a Growler or Crowler and sold at retail to the final consumer and not for resale. Park means any public lands owned, controlled, or operated by the City, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private or quasi -public. Police Department means the Chief of Police and any police officers. Premises means the definite, closed, or partitioned-in location (whether room, shop, or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this Chapter and in accordance with state law. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such Licensee. 12 Private Club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: 1) Has been in existence for at least one (1) year prior to the filing of the application for a License 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 Fulton County, or any county that borders Fulton County, who is designated by a licensed establishment to receive service of process on its behalf. Notice or demand required or permitted by law or under this Chapter may be served upon the Licensee, registered agent, or owner. Restaurant means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are actually and regularly served to patrons, without sleeping accommodations, including a cafeteria, with such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook , and serve suitable food for its patrons. At least one (1) meal per day shall be served at least six (6) days per week, with the exception of holidays, vacations, and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent (40%) of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. In order to be considered a “full service” restaurant, the business must also meet the requirements of an Eating Establishment. A restaurant that does not meet the requirements of an Eating Establishment under state law may be licensed as a “limited service” restaurant, but must still derive at least 30 percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Unless otherwise permitted by state law, limited service restaurants do not qualify to sell alcoholic beverages on Sundays. 13 School, School Building, or Educational Building for the purposes of determining distance requirements for the sale of alcoholic beverages shall mean a state, county, city, or church school building, or such buildings at such school 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. Seller/Server Permit means an authorization granted to an individual by the City to cork, dispense, sell, serve, take orders, and/or mix alcoholic beverages in the City. Service Area means the portion of an indoor recreational establishment located within the same building or structure and adjacent to an Eating Establishment, Private Club, or Restaurant. To the extent that such Eating Establishment, Private Club, or Restaurant holds an on-premise consumption alcoholic beverage license, the consumption of alcoholic beverages within the service area is permitted. Shopping Center means a collection of multiple commercial establishments planned and developed as a unit for which common parking facilities are provided on the site. A Shopping Center shall also include a mall or strip center. Special District has the same meaning as provided in Section 4-211 of this Chapter. Special Event has the same meaning as provided in Chapter 64-1. Special Event Alcohol LicensePermit means an alcoholic beverage licensepermit issued for a specific location for a limited amount of time and a limited number of days. An establishment that holds a current on-premise consumption license may apply for an on-premise Special Event Alcohol License but not for off-premise package sales. A non- profit organization may obtain an on-premise special event license for beer, wine and/or liquor as well as an off-premise Special Event Alcohol License for sale of beer and/or wine by the package. Specialty Gift Shop means any retail shop that deals in the sale of foods, specialty foods and gifts that derives not more than 15 percent (15%) of its gross sales from the sale of packaged gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of beer and/or wine. To qualify for an off-premise alcohol license, a Specialty Shop must have an interior floor area of not more than 5,000 square feet (inclusive of storage), of which more than 60 percent (60%) of interior floor area is devoted to the display for sale of non-alcoholic beverages. A Specialty Gift Shop may not offer check cashing services; maintain a drive- thru window; or maintain on the premises for sale any of the following: liquor, beers containing more than six percent (6%) alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. 14 Spirituous Liquor. For purposes of this Chapter, the term Spirituous Liquor may be used interchangeably with the terms Distilled Spirits and Liquor and will be deemed to have the same meaning. 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. 1) To qualify for an on-premise consumption retailer’s license, a Sports Club must have been actively in operation within the City at least two (2) years prior to an application for license under this Chapter; provided, however, that the two-year (2) operational requirement shall not apply to golf courses 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 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 on-premise consumption retailers. Standard On-Premise Consumption Retailer means any licensee holding a Beer/Wine/Liquor COP License or a Beer/Wine COP License. Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on-premises and for sale in closed packages for consumption off- premises. Samples of wine may be given complimentary or for a fee. Tax means the tax imposed by the City upon any dealer in alcoholic beverages for each calendar month of the year. Temporary Alcoholic Beverage License means a license provided to an applicant that applies for an alcoholic beverage license, complies with the requirements set forth in this Chapter, and who, in the City Manager’s discretion, appears to meet the criteria for receiving a license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage Person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this Chapter. 15 Wholesaler or Wholesale Dealer means any person that sells alcoholic beverages to other wholesale dealers, off-premise retail dealers, or on-premise consumption retailers. Wine or Vinous Beverage means any alcoholic beverage containing not more than 24 percent (24%) alcohol by volume made from fruits, berries, grapes, or honey either by natural fermentation or by natural fermentation with brandy added. These terms include, but are not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, other like products, and Sake, which is an alcoholic beverage often manufactured through a process similar to that of beer but produced from rice and often containing greater than 14 percent (14%) alcohol by volume. These terms do 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. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Wine Market shall have the same definition as set forth in the definition for Craft Beer and/or Wine Market. Sec. 4-3. – Jurisdiction. This Chapter shall apply to the corporate limits of the City and outside the City limits in all territories to which the jurisdiction of the City extends. Sec. 4-4. – Severability. If any provision, clause, sentence or paragraph of this Chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this Chapter are hereby declared to be severable. Secs. 4-5 – 4-9 Reserved. ARTICLE II. - LICENSING[2] Footnotes: --- (2) --- State Law Reference— powers of local governing authorities as to granting, refusing, suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license, O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3-3-21; O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3-4-48; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3 -4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; restrictions 16 on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40 local licensing requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq.; false swearing, O.C.G.A. § 16-10-71 DIVISION 1. - GENERALLY Sec. 4-10. - License is a privilege. (a) Granted by City Council. Alcoholic beverages may be sold, provided or consumed to or by the public in the City under a license or permit granted by the city council or its designee 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) Compliance with local, state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this Chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, City licensees are required to display the license prominently at all times on the premises for which the license is issued and abide by all applicable local, state, and federal regulations and laws. Sec. 4-11. – License requirement; prohibitions for non-licensed premises. (a) The manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted without a permit or license issued by the City. (b) It shall be prohibited for any person that performs or undertakes any type of operation or activity for which an occupation tax certificate is required to keep, possess, store, sell (at wholesale or retail), to provide to others, or to allow alcoholic beverages or consumables on the premises without appropriate, valid and current state and local licenses for such alcoholic beverages and/or consumables. This prohibition shall apply without regard to whether the alcoholic beverages or consumables are intended to be provided free of charge, as a part of any promotion by the owner of the premises or operator of the business, to be given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or intended to be given as bonuses or inducements offered in connection with employment or the purchase of goods and/or services. (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appearance that such alcoholic beverages or consumables are not being sold but are being given away. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available 17 without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages or consumables is considered a “retail sale” of alcohol under thi s Chapter and requires an alcoholic beverage license. (d) Any owner or tenant of a location or business, as well as any individual employed by such owner, tenant or business who is present at the time when alcoholic beverages or consumables are being provided by a non-licensed premises or location as described in this section, may be charged with violating the provisions of this Chapter. Sec. 4-12. - Unlicensed sales or deliveries prohibited. (a) It shall be prohibited for any licensee under this Chapter to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license except as allowed by state law. Any City-issued license that allows a retailer to sell alcoholic beverages in unbroken packages for consumption off the premises shall include the right to deliver malt beverages, wine, or liquor in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale, to the limited extent permitted by the provisions of O.C.G.A. § 3-3-10. Any violation of this provision may be enforced as an ordinance violation under this Chapter, subject to the restrictions in O.C.G.A. § 3-3-10(h)(2). (b) It shall be prohibited for any licensee under this Chapter to allow the sale or delivery of any alcoholic beverage by the drink to any area other than the premises covered by the license. (c) It shall be prohibited for unlicensed individuals to sell alcoholic beverages. (d) Sales by the package by anyone other than a holder of a retail package license are allowed only during special and temporary events approved pursuant to this Chapter. Sec. 4-13. - Display of license required. The City alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. Sec. 4-14. –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 at the licensed premises with respect to the relevant terms of this Chapter. Each licensee, the licensee's 18 agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this Chapter. Sec. 4-15. - Joint responsibility. Each partnership, corporation or entity shall be jointly responsible for the actions of its named licensee, its employees while acting in the scope of their employment, and the conduct of the licensed business. Sec. 4-16. – Effect on licenses held at time of adoption. All licensees holding a valid license for the manufacture, sale or provision of alcoholic beverages issued by the City at the time of the enactment of the ordinance from which this Chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this Chapter for the year of issuance. The licensees shall, however, meet all other requirements as to regulation and control as set forth in this Chapter. Secs. 4-17 – 4-19. - Reserved. DIVISION 2. – QUALIFICATIONS Sec. 4-20. Locations where permitted/prohibited. (a) No alcoholic beverages or consumables may be kept, possessed, stored, sold, provided, consumed, or allowed on the premises of an establishment licensed to conduct business in the City except at establishments holding an alcoholic beverage license under this Chapter. (b) No person, entity or organization may provide alcoholic beverages or consumables to the general public, whether for sale or otherwise, without first obtaining an alcoholic beverage license under this Chapter. (c) No license for alcoholic beverages shall be issued within the City for any establishment, event or location at which patrons are handling deadly weapons, including but not limited to, guns, knives, axes or arrows as a part of the business or event for which a permit is sought. Sec. 4-21. - Architectural and zoning standards. All premises for which an alcoholic beverage license is sought or has been issued shall comply with all state and/or City ordinance requirements regarding architectural and zoning standards. Failure to comply with said standards will subject the license to non-issuance, suspension or revocation. The City shall not be held responsible for 19 licenses that are erroneously issued where architectural and zoning standards were not satisfied, and any fees paid by the licensee will be forfeited. Sec. 4-22. - Distance requirements. (a) No person knowingly and intentionally may sell or offer to sell: 1) Any liquor by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus. 2) Any beer or wine by the package within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of beer or wine was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only beer or wine for consumption off-premises from selling beer or wine within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the County or City. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent (85%) is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail floor space, and meets such other criteria as may be required by the local governing authority of the County or City. 3) Any beer, wine, or liquor by the package within 100 yards of an alcoholic treatment center owned and operated by this state or any county or city government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. As used in this subsection, the term "school building" or "educational building" shall apply 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 this state and which are public schools or private schools as defined under state law. (b) Nothing contained in this Section shall prohibit the licensing of the sale or distribution of alcoholic beverages for on-premise consumption by: 1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five (5) years preceding July 1, 1981; 20 2) Bona fide private clubs, subject to licensing under this Chapter; and 3) Licensees for the retail sale of alcoholic beverages for consumption on- premises only. (c) For purposes of this Section, distances shall be measured by the most direct route of travel on the ground. (d) As used in this subsection, the term "housing authority property" means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the "Housing Authorities Law.” (e) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of a ny housing authority property. (f) Distance requirements for the sale of alcoholic beverages, and the manner in which distances shall be measured, shall be governed by state law. (g) 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. (h) New church or schools or other restricted use. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any alcoholic beverage license, the subsequent opening and operation of a church or school or other restricted use facility 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. Sec. 4-23. – Applicant standards. (a) No license for alcoholic beverages issued pursuant to this Chapter shall be granted to any person who is not: 1) At least 21 years of age; and 2) A United States citizen, legal permanent resident of the United States; or 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: 21 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 designated applicant or Licensee Agent under the provisions of this Chapter. 2) In the case of a partnership, the license shall be issued to the partnership and all the partners owning at least 20 percent (20%) of the partnership If no partner owns 20 percent (20%) 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 that neither such individual nor any person with 20 percent (20%) or more ownership in the entity, nor any officer or director of the corporation shall have been convicted of, entered a guilty plea or a plea of nolo contendere, or been released from parole or probation within a period of ten (10) years immediately prior to the filing of such application, for: 1) Moral turpitude; 2) Illegal gambling; 3) Felony 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. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual’s state of residence or a Criminal History Report from a Police Department, Sheriff’s Department or the official state crime investigation center in the individual’s state 22 of residence. The City Manager may also require a Criminal History Consent Form and/or an Affidavit of Criminal History to be completed and submitted by any individual. (d) It shall be prohibited 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. (e) No license for alcoholic beverages issued pursuant to this Chapter shall be granted to any person who has had any alcoholic beverage license issued by any jurisdiction within the state revoked within two (2) years prior to the filing of the application. (f) The City Manager or City Council may decline to issue an alcoholic beverage license when any person having any ownership interest in the operation of such place of business or having control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (g) Corporate or business applicants shall be of good business reputation. (h) An alcoholic beverage 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, where the applicant or the Licensee Agent does not have sufficient control over the operations of the business to assure compliance with the provisions of this Chapter, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. Sec. 4-24. - Effect of prior criminal history; exceptions. (a) An applicant or Licensee Agent'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/Licensee Agent ineligible for an alcoholic beverage license. (b) For purposes of this Chapter, a conviction or plea of guilty or nolo contendere shall not be considered as to any offense for which a defendant was allowed to avail themselves of this state’s first offender provisions, O.C.G.A. § 42-8-60 et seq.; provided, however, that any such offense may be considered where the defendant violated any term of probation imposed by the court granting first offende r treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. Sec. 4-25. Pending application for business on prior licensed premises. 23 Where there is a pending application for a new licensee or a change of ownership for a business that is to be located in premises that have been licensed within a year prior to the pending application, the new applicant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the existing licensee for a maximum period of 30 days beyond the sale or transfer of the licensed premises. However, the 30 days of operation under the management agreement shall be counted as the first month of sales for the purposes of calculating the alcohol license fees that are due. If a violation of this Chapter occurs during the 30 days that the business is operating under a management agreement pursuant to this section, both the prior licensee and the new applicant can be charged and held liable. Moreover, any such violation may serve as grounds for denial of the new license. Secs. 4-26 – 4-29 – Reserved. DIVISION 3 – APPLICATION REQUIREMENTS Sec. 4-30. - Application requirements. (a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a BYOB License or any other license or permit provided for in this Chapter 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: 1) The name and address of the applicant/Licensee Agent; 2) The proposed business to be carried on and type of license desired; 3) If a partnership, the name and residence address of each partner; 4) If a corporation, the names of the officers; 5) The name and address of the registered agent for the service of the process; 6) The name of the manager; 7) The names of all shareholders holding more than 20 percent (20%) 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 evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. 24 (c) For grand opening/annual promotion permits, the detailed requirements of this section will not be applied and the only information required will be the name and address of the business, the name and address of the applicant, and the date, time and location of the event. (c)(d) 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 information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d)(e) Agreements. All agreements between and among any persons or stockholders of corporations or partners of partnerships applying for a license to sell or dispense any alcoholic beverages and which agreements reflect or control ownership, division of profits, sharing of revenues of any kind, including payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income shall be in writing, and copies of all these agreements shall, upon request, be furnished to the City Manager. (e)(f) Survey. Except forFor businesses that meet the definitionengaged in package sale of an eating establishment, alcohol for off-premises consumption, 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 state law and Section 4-22 of this Chapter 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. The City Manager has the discretion to waive the survey requirement if it can otherwise be confirmed with clear evidence that there is no school, church, or other restricted facility in proximity to the proposed licensed premises. (f)(g) Notary. All applications shall be sworn to by the applicant/Licensee Agent before a notary public or other officer empowered by law to administer oaths. (g)(h) Consent. Each applicant/Licensee Agent 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, as a consideration of the application, 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 or she would otherwise have to preclude the City or its agents from obtaining and using such 25 information, and each applicant further waives any liability of the City or its agents for obtaining and using such information. (h)(i) License fees. The application shall be accompanied by the prerequisite application non-refundable processing fee and license/permit fee(s) as established by the City Council. Except for applications for special event alcohol licensespermits, 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 based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. Sec. 4-31. - Separate application for each location and license type required. A separate license application is required for each location of sale and must identify the license category for which application is made. A separate license shall be obtained for each separate location. Locations will be deemed separate if they have different addresses or different entrances with separate trade names. The City may allow an applicant to utilize the same form for multiple alcoholic beverage license types at the same est ablishment or may require a separate application for the different license types. Under either circumstance, the City Manager and City Council will act upon each license type as a separate application. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, no establishment licensed to sell beer, wine, and/or liquor for consumption on-premises shall hold any license to sell liquor by the package for the same location. However, on-premise consumption retailers may, subject to the provisions of this Chapter, also apply for and obtain a beer and/or wine package license, provided that all additional requirements are met and additional fees paid. Sec. 4-32. – Accurate application required; consequences for false or misleading statements or omissions. An applicant shall provide complete and accurate information in support of an application. Any material omission, false or misleading information contained in or omitted from an original, renewal or transfer application for an alcoholic beverage license under this Chapter shall be cause for the denial thereof and, if any license has previously been granted, such circumstances shall constitute cause for revocation. Sec. 4-33. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, notice or demand required or permitted by law or under this Chapter required to be served upon the licensee or owner may be served. This person must be a resident of one of the 26 aforesaid counties. The licensee shall file the name of such designated registered agent, along with the written consent of such individual to serve as the registered agent for the licensee, with the City Manager on such form as he or she may prescribe. Sec. 4-34. – Non-refundable processing fees. Each application or renewal for an alcohol license under this Chapter shall be accompanied by non-refundable processing fees in an amount to be determined by the City Council to defray processing, administrative, and investigative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one (1) license on a given application, to the extent that such is authorized by the City Manager, shall pay only one (1) set of processing fees. Sec. 4-35. - Withdrawal by applicant; refund of license fee deposit. (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 non-refundable processing fees. 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. (c) No license shall be renewed for less than a calendar year, and if an issued license is revoked or surrendered before the expiration of a calendar year, the licenses shall not be entitled to any refund. (d) Notwithstanding the foregoing provisions, the City Council may approve a partial refund of the license fee paid to the City if the licensed business cannot continue to be operated due to any action taken by the City beyond the licensee's control (excluding a suspension, revocation or other disciplinary action). If a refund is approved by the City Council, the refund shall be calculated as follows: 1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. 2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. 3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. 4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. 27 Secs. 4-36 – 4-39 Reserved. DIVISION 4 – GRANT OR DENIAL OF APPLICATIONS; APPEALS Sec. 4-40. - Consideration of applications by Chief of Police and City Manager. (a) Chief of Police. Each application for an alcoholic beverage license shall be referred to the Chief of Police or his or her designee for investigation. The Chief of Police or his or her designee shall report the findings to the City Manager. Such findings shall include a recommendation as to the qualifications of the applicant . At the discretion of the City Manager or his/her designee, this step may be omitted for grand opening/annual promotion permits. (b) City Manager. The City Manager shall have the authority to: (1) Request additional written or investigative information from the applicant or city staff deemed necessary to consider an application prior to a decision; (2) Grant an applicant a Temporary Alcoholic Beverage License or Special Event Alcohol Licenseany permit, consistent with the provisions of this Chapter; (3) Submit an applicant’s completed license application to the City Council for hearing, along with a recommendation for approval; (4) Submit an applicant’s request for “Conditional approval for completion of proposed licensed premises”, in accordance with Sec. 4-43 of this Chapter, to the City Council for hearing, along with a recommendation for approval or denial; (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this Chapter or other provisions of this Code; shows the applicant, location, or application would not qualify under State law or Georgia Department of Revenue Regulations; or for other due cause; and (6) Receive and submit an applicant’s appeal of the City Manager’s decision to deny the application to the City Council for hearing, along with a copy of the City Manager’s decision; and (7) Receive an applicant’s appeal of the Police Chief’s decision to deny an alcohol/server permit under Section 4-122(d) and submit such appeal to the City Council for hearing, along with a copy of the Police Chief’s decision. (8) With the exception of Temporary Alcoholic Beverage Licenses or Special Event Alcohol Licenses, conditional licenses, and all permits, no application for an 28 original license shall be granted until a public hearing has been held before the City Council as scheduled by the City Manager or his or her designee. (c) Notice Required. The City Manager shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to an appeal before the City Council with a right to present evidence and cross examine witnesses. Such 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. Sec. 4-41. – City Council’s consideration of applications; appeals. (a) Public hearings. The City Council shall hold public hearings to (i) consider license applications and recommendations submitted from the City Manager for action, and (ii) consider applicant appeals from decisions of the City Manager to deny license applications or applicant appeals from decisions of the Police Chief to deny seller/server permits. Witnesses and evidence shall be presented by the City Manager or his or her designee, and the licensee shall be entitled to present evidence and witnesses and cross-examine the City’s witnesses. (b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who shall give at least ten (10) days' prior written notice 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. If to the licensee or licensee’s agent, service of such notice shall be by personal service on the registered agent by the Police Department, Code Enforcement Officer, or other City designee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee’s employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) During or following the hearing, the City Council may: (1) Request additional written or investigative information from the applicant, City Manager, or City staff deemed necessary to consider an application prior to a decision; (2) Consider an application recommended for approval by the City Manager and render a final determination approving or denying the application; (3) Hear any appeal from a decision of the City Manager to deny an application and render a final determination upholding or overturning the City Manager’s decision; 29 (4) Consider a recommendation from the City Manager to grant or deny “Conditional approval for completion of proposed licensed premises” consistent with Sec 4-43 of this Chapter and render a final determination. (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this Chapter or other provisions of this Code; shows the applicant, location or application would not qualify under State law or Georgia Department of Revenue Regulations; or (6) for other due cause. (d) Notice Required. The City Council shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial. Service of such notice shall be by personal service on the registered agent by the Police Department or Code Enforcement Officer or other designee of the City Manager. 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) Appeal. Any decision by the City Council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the City Council. (f) Reapplication permitted after one (1) year. In all instances in which denial of an application is final under the provisions of this Chapter, the applicant may not reapply for a license for the same location for at least one (1) year from the date of such final denial. (g) Return of license fee upon denial. If the application is finally denied, and the applicant did not temporarily operate licensed premises under any provision of this Chapter, the license fee, if paid at the time of application, shall be refunded. However, non-refundable processing fees and Temporary License fees will not be refunded. If the applicant operated on prior licensed premises under Section 4-25 of this Chapter while the application was pending, and the application is denied, the applicant shall be entitled to a pro rata refund of the license fee, if a license fee was paid at the time of application. Sec. 4-42. – Exercise of Discretion. (a) The City Manager and City Council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the proposed location of the business in light of this Chapter. 30 (b) If, after consideration of the evidence, the City Council determines that stipulations or conditions should attach to a decision to approve an application, the City Council shall provide for such conditions in its action. (c) In addition to all other authority to grant or deny a license, any application for a license may be denied by the City to safeguard the health, safety and welfare of the community. In making such a determination, the City Council shall assess the extent to which the granting of the license or the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. Sec. 4-43. – Conditional approval prior to completion of proposed licensed premises. If a building in which a holder of an alcoholic beverage license intendsintending to operate under this Chapter is, at the time of the application for a license, not in existence or not yet completed, a license may be conditionally approved by the City CouncilManager or his/her designee for the location, provided the plans for the proposed building clearly show an intention to comply with all local, state, and federal requirements. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with the requirements of this Chapter, local ordinances and all state and federal laws and regulations. Secs. 4-44 – 4-49 Reserved. DIVISION 5. – EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER Sec. 4-50. – Annual expiration; renewal requirements. (a) All licenses granted under this Chapter shall expire on December 31 of each year. Licensees shall be required to file a renewal application accompanied by the requisite fee with the City Manager on the form provided for a 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 forms, reports or other requested data establishing compliance with criminal history requirements of this Chapter. (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 (10%) late fee, plus interest. 31 (d) Licensees failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license. In such cases, the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Under this situation, the Applicant shall be required to pay the ten percent (10%) penalty, plus interest, along with other fees associated with a new application. The City shall not be responsible for the consequences of delays in the issuance of any license under this Chapter. Sec. 4-51. - Automatic forfeiture of license for nonuse. (a) All holders of licenses under this Chapter must, within six (6) 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 (6) months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees or other related fees shall be made. A three-month (3) extension to the original six-month (6) period may be granted by the City Manager if requested within the said six-month (6) period in compliance with other sections of this Chapter. (b) Any Licensee under this Chapter who shall for a period of three (3) consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall automatically forfeit the license without the necessity of any further action. Sec. 4-52. - Transferability of license. No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (a) In the event of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to oper ate 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 on-premise consumption of alcoholic beverages shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for new license or transfer with the City Manager. new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed for 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. 32 (b) 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 or other license issued under this Chapter, in accordance with this Chapter, for a period of 45 days from the date of surr ender, 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 any license under this Chapter 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 allowed for 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. (c) Nothing in this Section shall prohibit one (1) or more of the partners, members or shareholders holding a license from withdrawing from the partnership, corporation or entity in favor of one (1) or more of the partners, members or shareholders who held an ownership interest 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 (10%) or more of any class of stock. (d) Except as provided in subsections (a) through (c) 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. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the City Manager for a transfer of location. 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 ordinance. (f) Violation of this Section may result in the suspension or revocation of the license being used and/or a fine on the new ownership and the old ownership as provided in this Chapter. (g) If a violation of this section results in revocation of the license, no license will be issued to the old or the new owner in the City for one (1) year from the date of such violation. Secs. 4-53 – 4-59. Reserved. 33 DIVISION 6. – SUSPENSION, REVOCATION, OTHER PENALTIES Sec. 4-60. – Suspension or revocation of license or permit; other penalties authorized. (a) The City Council shall be authorized to suspend or revoke an alcoholic beverage license or permit or impose other penalties upon the licensee, licensee’s employee, or licensee’s agent under the conditions set forth in this Chapter. However, no revocation, suspension or other penalty shall be imposed without first providing the notice, hearing, and appeal rights as more specifically provided in this Chapter. (b) No alcoholic beverage license or permit, after having been issued, shall be suspended or revoked except for due cause. Sufficient grounds, or due cause, for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: 1) The violation of the laws or ordinances regulating the business; 2) The violation of any local, state or federal law; 3) The violation of provisions of this Chapter; 4) Any reason which would authorize the City to refuse the issuance of a license or permit; 5) Where a licensee has failed to open for business within six (6) months after approval of the license; provided however, that prior to the expiration of such period, the City Manager may extend the time in which a licensee is required to open for business by up to three (3) months, upon the timely receipt of a written request from a licensee for such an extension; 6) After opening, where a licensee has ceased to operate the business for a period of three (3) consecutive months; 7) Where a licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; 8) Where a licensee or such licensee’s employee or agent, has sold or served alcoholic beverages or allowed patrons to bring their own alcohol to the premises during a period of suspension; 9) Where a licensee has provided incomplete, fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; 34 10) Where a licensee has failed to file necessary reports, failed to cooperate in any matter related to the license, failed to pay any fee, license fee, tax, fine or other amount due to the City under this Chapter or any other licensing ordinance of the City, has failed to file a required return or to pay taxes imposed, or 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; 11) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; 12) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication at the time of service; 13) Where a licensee, or such licensee’s employee or agent, has allowed any person to consume alcohol pursuant to a BYOB license when the licensee, licensee’s employee or agent knew or should have known that such person was in a state of intoxication; 14) Where a licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishments; 15) Where a licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage Chapter or state law; 16) Where a licensee or an individual or person with 20 percent (20%) or more ownership in the entity, or any officer or director of the licensee shall have a conviction for any of the following subsequent to issuance of the license: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; keeping a place of prostitution; pandering; pimping; public indecency; prostitution; solicitation of sodomy; or any sexually related crime. 17) In addition to all other authority to suspend or revoke a permit or license, any license may be suspended or revoked to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the 35 establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. Sec. 4-61. – Notice of violations; City Manager’s authority. (a) Chief of Police and Finance Director. The Chief of Police and Finance Director shall notify the City Manager of violations by licensees, licensee’s employees, or licensee’s agents related to enforcement and administration of this Chapter that reflect the failure to comply with the requirements of this Chapter or state or federal law. (b) City Manager. Upon information known to or received by the City Manager that creates a reasonable belief that a licensee, licensee’s employee, or licensee’s agent has violated law or otherwise failed to comply with requirements of this Chapter, the City Manager shall have the responsibility and authority to: 1) Evaluate the severity of the situation and immediately ensure appropriate measures are taken with regard to any health, safety or welfare concerns to address any immediate threat of harm or damage based upon the information received; 2) Authorize any investigation needed on the part of appropriate persons, requesting additional written or investigative information from the licensee, city staff, or other authorities or persons deemed necessary to consider the actions or inactions of the licensee, licensee’s employee, or licensee’s agent; 3) After providing the licensee, licensee’s employee, and/or licensee’s agent with notice of violations and the opportunity to respond to the charges, and following the receipt and consideration of any response, the City Manager shall determine whether due cause exists to recommend action against the licensee, licensee’s employee or licensee’s agent, up to and including revocation of the license or permit. 4) Upon a finding of due cause, the City Manager shall provide written notice to the licensee, licensee’s employee, and/or licensee’s agent, as appropriate, setting forth in reasonable detail the facts upon which due cause exists to take action, the nature of the proposed action, and advising of the scheduling of a public hearing before the City Council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided, to the named licensee at the licensed premises, and to any person alleged to have committed the violation . Delivery shall be deemed to take place on the third day following deposit in the United 36 States mail. A copy of the notice shall also be provided to the City Council. Sec. 4-62. – Conduct of public hearing by City Council. (a) Public hearings. The City Council shall hold public hearings to consider recommendations submitted from the City Manager for action based on due cause for violations of a licensee, licensee’s employee, or licensee’s agent, based on due cause as described in of this Chapter. Witnesses and evidence shall be presented on behalf of the City by the City Manager or his or her designee, and the licensee, licensee’s employee, or licensee’s agent shall be entitled to present evidence and witnesses and to cross-examine the City’s witnesses. (b) 10 days’ prior notice. Public hearings shall be scheduled by the City Manager, who shall give at least ten (10) 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 this Section. If to the licensee or licensee’s agent, service of such notice shall be by personal service on the registered agent by the Police Department, Code Enforcement Officer, or other City designee. If to the licensee’s employee, personal service shall be upon the employee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee’s employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) Upon hearing the matter, the City Council, shall render a decision as to whether due cause exists for action against the licensee, licensee’s employee, or licensee’s agent. If due cause exists, the City shall determine the appropriate penalty, up to and including suspension and/or revocation of a permit or license. (d) Appeal. Any decision by the City Council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the City Council. (e) Reapplication permitted after one (1) year. In all instances in which a license is revoked, the licensee may not reapply for a license for the same location for at least one (1) year from the date of such final denial. (f) No return of license fee upon revocation. If the license is revoked, the licensee shall not be entitled to the return of all, or any portion of, the license fee. Sec. 4-63. – Exercise of discretion; consideration of mitigating factors. (a) Nothing in this Section shall be deemed to require suspension or revocation of a license, and each violation should be considered at the discretion of the City 37 Council on a case by case basis. The City Manager and City Council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the location of the business in light of this Chapter. (b) 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: 1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop by the licensee and/or managers; 2) Implementation and components of written policies; 3) Evidence that employees have or do not have alcohol seller/server permits; 4) Evidence that the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; 5) Implementation and components of an employee training program; 6) Length of time in business; 7) Whether the ID was requested; 8) The degree to which the licensee has other procedures in place to monitor its alcohol servers/sellers for compliance; 9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any knowing violation of this Chapter; and 10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevent illegal alcohol sales or service in the licensed establishment and the community at large. Sec. 4-64. – Consideration of progressive actions; mandatory penalties for sale or service to persons under 21; criminal penalties. (a) If a licensee is found to have violated any provision of this Chapter, excluding selling or serving underage persons, the City shall ordinarily give consideration to the following progressive actions: 1) The first alleged violation in a 12-month period shall result in a mandatory hearing before the City Council and the issuance of a warning or a license suspension for a period of up to thirty (30) days if the violation is sustained. 38 2) The second alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the City Council and the issuance of a license suspension for a period of up to sixty (60) days if the first and second violations were sustained. 3) The third alleged violation within a consecutive 12-month period shall result in a mandatory hearing before the City Council and cause the revocation of the license and the inability of the licensee to obtain a license from the City for a term of up to three (3) years from the date of revocation if the first, second, and third violations were sustained. (b) If a licensee or employee of such licensee has a conviction (including for purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond) for the violation of O.C.G.A. § 3-3-23 or any section of this Chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following minimum penalties shall apply: 1) The first conviction shall result in a mandatory hearing before the City Council, a minimum fine of $500.00, and may result in a license suspension for a period of up to thirty (30) days. 2) The second conviction within a consecutive 24-month period shall result in a mandatory hearing before the City Council, a minimum fine of $750.00, and a license suspension for a minimum period between seven (7) and sixty (60) days. 3) The third conviction within a consecutive 24-month period shall result in a mandatory hearing before the City Council, a minimum fine of $1,000.00, and revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the City Council to allow retention of the license. (c) Nothing contained in this Chapter shall be construed to preclude the City Council from suspending or revoking an alcoholic beverage license or alcohol seller/server permit for a period exceeding those described in this Section if the City Council determines in its discretion that such action is necessary and in the best interest of the public health, safety and welfare of the City. (d) For any license suspension of less than thirty (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, or similar locking mechanism, all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premises locked storage area or otherwise secure such beverages so that they are out of view and access of the public. 39 (e) Actions taken by the City Council shall be in addition to any criminal citation and prosecution by the City. Each violation of this Chapter shall constitute a separate offense subject to a separate citation and penalties. Criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed sixty (60) days, or both. Secs. 4-65 – 4-69. Reserved. ARTICLE III. LICENSE TYPES & SPECIAL PROVISIONS DIVISION 1. LICENSE TYPES Sec. 4-70. – Types of licenses and permits. Subject to satisfying the qualifications and requirements contained in this Chapter and local, state and federal law, Applicants may apply for the licenses and permits identified in this Chapter. (a) Off-Premise Licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a consumption Off-Premise Licenseoff- premise license that includes one (1) or more of the following types of retail package categories for Off-Premise Licensesoff-premise licenses: 1) Retail Package Beer License: Allows retail sale of beer in the original package, Growler or Crowler. This license type would be available to the following types of qualified establishments: Brewpubs, City Food Markets, Craft Beer and/or Wine Markets, Growler/Crowler Shops, Hotels, On- Premise Consumption Licenseeson-premise consumption licensees that would also like to sell beer by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package beer license holders may not hold a BYOB License. 2) Retail Package Wine License: Allows retail sale of wine in the original package. This license type would be available to the following types of qualified establishments: City Food Markets, Craft Beer and/or Wine Markets, Hotels, On-Premise Consumption Licenseeson-premise consumption licensees that would also like to sell wine by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package wine license holders may not hold a BYOB License. 3) Retail Package Distilled SpiritsLiquor License: Allows retail sale of distilled spiritsliquor in the original package. This category of license shall only be available to be issued to an Off-Premise distilled spiritsoff-premise liquor 40 retailer, distillery or micro-distillery. On-Premise Consumption Licenseespremise consumption licensees are prohibited from selling or providing distilled spiritsliquor in the original package to patrons, except for distilleries and micro-distilleries. 4) Specialty Gift Shop License: Off-premise retail package license allows for the sale of beer and/or wine by the package for consumption off-premises. This license is available at a reduced rate due to the incidental nature of alcohol sales for this type of business. (b) On-Premise Licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a Consumption On-Premiseconsumption on-premise (COP) license that includes one (1) or more of the following types of retail consumption categories of On-Premiseon-premise licenses: 1) Standard COP Licenses: a. Beer/Wine/Liquor COP License: Allows retail sale of beer, wine, and liquor for consumption on-premises. This license type would be available to the following types of qualified establishments that meet the criteria above: Assembly Halls, Brewpubs, City Food Markets, Courtyard Markets, Eating Establishments, Events Facilities, Food Hall Cafes, For-Profit and Non-Profit Special Events, Free-Standing Vendors, Golf Courses, Hotels, Limited Food Service Restaurants, Restaurants, Private Clubs, Sports Clubs, and other establishments not prohibited under this Chapter. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a Limited Food Service Restaurant License. b. Beer and/or Wine COP License: Allows retail sale of beer and/or wine by the drink. This license type would be available to the following types of qualified establishments that meet the criteria above: Assembly Halls, Brewpubs, City Food Markets, Eating Establishments, Events Facilities, Food Hall Cafes, For-Profit and Non-Profit Special Events, Free-Standing Vendors, Golf Courses, Hotels, Limited Service Restaurants, Restaurants, Private Clubs, Sports Clubs, and other establishments not prohibited under this ordinance. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food and obtain a Limited BeerFood Service Restaurant License; or (iii) also obtain a craft beer and/or Winewine market license. 41 2) Limited COP LicenseLicenses: Allows limited sales and/or consumption of alcoholic beverages on premises as governed by corresponding specific sections of this Chapter.for those not otherwise in possession of one of the two on-premises licenses listed above. These licenses include Ancillary Licenses, are: a. BYOB Licenses, License – Allows an establishment to permit patrons to bring into the establishment unopened beer and/or wine for consumption on-premises. b. Incidental Licenses, Limited Tap Licenses, as set forth in Section 4- 78, andService License – Allows an establishment that does not sell food that was prepared on the premises and does not charge for any other alcoholic beverage to have beer/wine service and consumption. c. Limited Tap License – Allows an establishment to sell a limited service licenses that mayselection of craft beers on tap for consumption on premises. d. Courtyard Market License – Allows a commercial or retail center to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area. e. Special Events Facility License – Allows an establishment to have staff or contractors (other than alcoholic beverage caterers) serve alcohol at special events. (c) Manufacturer Licenses. The following licenses allow the manufacture of alcohol for consumption. Such licenses are not required for private production for private use and consumption of beer under O.C.G.A. § 3 -5-4 or wine as permitted under O.C.G.A. § 3-6-3, and as otherwise expressly permitted by state law: 1) Manufacturer’s License – Breweries and Distilleries. The fees for such licenses will be approvedset from time to time by the City Council. 2) Manufacturer’s License – Micro-Breweries and Micro-Distilleries. The fees for such licenses will be set from time to time by the City Council. (d) Hybrid Manufacture-Sale Licenses. The following licenses permit both manufacture and sale of alcohol at a facility, replacing the need for separate Off - Premises, On-Premises and Manufacturer licenses. 2)1) Brewpub License: Hybrid license allows an Eating Establishment that satisfies the definition and requirements of a Brewpub to manufacture 42 beer as well as sell beer by the drink for consumption on-premises and by the package for consumption off-premises. 2) Farm Winery License: Hybrid license allows an and Other Licenses/Permits.establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell wine at its premises by the package or for consumption on-premises as authorized by Georgia law. (b)(e) Add-On Services and Specialty Licenses. Applicants that satisfy the applicable zoning and distance requirementsare otherwise licensed under an Off- Premises, On-Premises, Manufacturer, or Hybrid license may apply for the following other licensessupplemental licenses to provide additional services or specialty sales: 1) Sunday Sales License: Separate alcoholic beverage license and payment of appropriate fees required for the Sunday sale of alcoholic beverages for consumption on-premises or by the package for off-premises consumption (to the extent allowed by state law). Farm Wineries, distillers, and brewers are not required to obtain a separate Sunday Sales License to provide alcohol on Sundays as long as they are operating in compliance with applicable local and state laws regarding the sale of alcoholic beverages. 2) Alcoholic Beverage Catering License: Allows ana licensed on-premise consumption retailer or licensed off-premises package retailer qualified under state law to deliver and serve alcohol at special events, private functions, andlocations other establishments.than its licensed facility. This license does not eliminate the need for a Special Events Alcohol License if otherwise required by this Chapter. the alcoholic beverage caterer to obtain a separate specialCatered Events Permit for each such catered event . 3) BYOB License (Existing On-Premises Licensee): Allows holders of an on-premises license to permit a patron to bring into the establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell unopened beer and/or wine produced in Georgia at its for consumption on-premises by. 2)4) Limited Food Service Restaurant: Allows the package orholder of an on-premises license to operate a restaurant with alcohol sales for consumption on-premises as authorized by Georgia law.while not meeting the requirements of an eating establishment. 5) Specialty Gift ShopRestaurant Package Sale License: Off-premise retail packageAllows holders of an on-premises license allows for the sale of that qualifies as a restaurant to sell packaged beer and/or wine bywithout 43 the packageneed for consumptiona separate off-premises. This license is available at a reduced rate due to the incidental nature . 3)6) Craft Beer and/or Wine Market: Allows certain holders of an off- premises license and an on-premises license to sell alcohol sales for this type of business. at a craft beer/wine market. 7) Manufacturer’sGrowler/Crowler License: AppliesAllows holders of an off- premises license to breweries, distilleries, microbreweries and micro- distilleries. The feessell alcohol in growler/crowler packaging. 8) Ancillary Tasting License: Allows holders of an off-premises license to offer the public, at no charge, small quantities of alcohol for suchon- premises consumption. (f) Summary of License Types. (1) The following chart lists the license types and prerequisite underlying licenses will: License Category License Name Prerequisite License Off-Premises Package Sales Package beer None Off-Premises Package Sales Package wine None Off-Premises Package Sales Package liquor None Off-Premises Package Sales Specialty gift shop None On-Premises Consumption (Standard) Beer/wine/liquor None if an eating establishment; otherwise this must be paired with a Limited Food Service License. On-Premises Consumption (Standard) Beer/wine None if an eating establishment; otherwise this must be paired with a Limited Food Service License or Craft Beer and/or Wine Market License. On-Premises Consumption (Limited) BYOB None On-Premises Consumption (Limited) Incidental service None On-Premises Consumption (Limited) Limited tap None On-Premises Consumption (Limited) Courtyard market None On-Premises Consumption (Limited) Special events facility None Manufacturing Brewery or distillery None Manufacturing Micro-brewery or micro- distillery None 44 Hybrid Brewpub None Hybrid Farm Winery None Add-On Sunday sales Off-Premises Package Sales, On- Premises Consumption (Standard), On-Premises Consumption (Limited), or Hybrid Add-On Catering Off-Premises Package Sales or On- Premises Consumption (Standard) Add-On BYOB On-Premises Consumption (Standard) or On-Premises Consumption (Limited) Add-On Limited Food Service License On-Premises Consumption (Standard) Add-On Restaurant Package Sales On-Premises Consumption (Standard) Add-On Craft Beer and/or Wine Market Off-Premises Package Sales and either On-Premises Consumption (Standard) or On-Premises Consumption (Limited) Add-On Growler/Crowler Off-Premises Package Sales Add-On Ancillary Tasting Off-Premises Package Sales, Manufacturing or Hybrid licenses. (1)(2) The fee for each license shall be set from time to time by theresolution of the Mayor and City Council, and this fee shall remain in effect until modified or amended by subsequent resolution. Sec. 4-71. – Temporary Alcoholic Beverage License: Pursuant to Section 4-71 of this Chapter,Temporary alcoholic beverage licenses may be issued for a limited duration to an applicant whose application for a license appears on its face to meet all of the requirements of this Chapter and the zoning ordinance. This license may be suspended or revoked if it is determined that the application or the applicant does not meet the City’s requirements to hold an alcohol license. Sec. 4-72. – One-Time Permits: Permits for service of alcohol may be issued for specific events of limited duration to applicants who lack a license allowing the sales, consumption, or service intended at the specific event . Permit fees and requirements may be waived by the City Manager or his or her designee when such permits are for a City sponsored event, so long as the applicant shows proof of cur rent alcohol licenses and pouring/server permits. The following permits may be issued: (a) Special event permit 1) Existing on-premises licensee 2) Non-licensee (b) Grand opening/annual promotion permit (c) Public facilities event alcohol permit 45 (a)(d) Catered event permit. Sec. 4-724-73 – 4-74. Reserved. DIVISION 2. - ADDITIONAL PROVISIONS FOR - SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES Sec. 4-75. Reserved. (a) Sec. 4-76. - License prohibited for liquor package sales in connection with certain establishments, No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premise consumption. Sec. 4-77. Limited service on-premise licensesSales or Consumption On-Premises Licenses. Certain establishments that do not possess a Beer/Wine/Liquor COP License or a Beer/Wine COP License may be qualified to obtain licenses that allow for limited service or sale of certain alcoholic beverages for on-premises consumption as follows: (a) “Bring Your Own Beverage” (BYOB) License. (No Pre-existing On-Premises License). A "Bring Your Own Beverage” License is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premise consumption licenses as well as to approved establishments that doare not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this Chapter, a BYOB License may be issued and maintained at an approved establishment only under the following conditions. 1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:30 p.m. until 1 hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. 2) Off-premise retailers who do not also hold an on-premise consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. 46 3) Establishments that also hold an on-premise consumption license shall pay the same BYOB License fee as other BYOB establishments but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premise license. 4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this Chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. 5) For purposes of this Section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. 6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: i. The establishment may not sell liquor by the package. ii. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. iii. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. iv. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron u nder 21 years of age. v. No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. vi. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. vii. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. viii. Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. 47 ix. No person under the age of 18 shall work in an establishment with a BYOB license. (b) Incidental Service License. An Incidental Service License is available to a qualified establishment upon a successful application and payment of appropriate fees to allow beer and/or wine consumption (but not sale) at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage for consumption on-premises is not its primary business. A license may be issued and maintained at such an establishment only under the following conditions: 1) The establishment cannot charge for alcohol. 2) The service of alcohol is limited to beer and wine. 3) The licensee shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day. 4) Alcohol expenses shall not exceed two percent (2%) of gross receipts. 5) The hours during which beer and/or wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 6) The establishment must meet the other qualifications and comply with the other provisions in this Chapter that govern on-premise consumption dealers. 7) An establishment with an Incidental Service License is not eligible to also hold a package or BYOB license. (c) Limited Tap License. A Limited Tap License is available to a qualified establishment upon a successful application and payment of appropriate fees to allow craft beer consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage is not its primary business. A license may be issued and maintained by such an establishment only under the following conditions: 1) The service of alcohol is limited to five (5) or fewer beer taps. 2) The establishment must gain approval from the Fire Marshal l and Building Official in accordance with applicable codes. 3) The licensee shall not allow consumption by any individual to exceed 48 ounces within a calendar day. 48 4) The hours during which beer may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 5) The establishment must meet the other qualifications and comply with the other provisions on this Chapter that govern on-premise consumption dealers. 6) A Limited Tap Establishment is not eligible to also hold a package or BYOB License. (d) Courtyard Market License: Allows owner or property manager of a commercial or retail center that meets the requirements of a Courtyard Market to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area on the licensed premises without being required to obtain a separate Special Event Alcohol Permit. The applicant for a Courtyard Market license shall show by plat or survey, submitted with the license application, the physical delineation of the area in which alcoholic beverages will be sold, consumed, and stored and such area shall be included as part of the premises as defined in this section. Licenses to sell alcoholic beverages for consumption on-premises as a Courtyard Market may only be issued to the owner or property manager of the Court yard Market. (e) Special events facility license. 1) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed alcoholic beverage caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for on-premise consumption. 2) 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 on-premise consumption. 3) In order to be eligible for a consumption on-premises license, a special events facility must: i. Be available to public or private groups of persons; ii. 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 iii. Be open to or attended by invited or selected guests or paying patrons; or 49 iv. Be a sports complex situated in conformance with the City's zoning ordinances. Sec. 4-78 – 79. -Reserved. Sec. 4-80. – Brewpubs. A limited exception to the provisions of this Chapter which implement and enforce the three-tier system for the manufacture, distribution and sale of beer established under state law shall exist for owners and operators of brewpubs, subject to the followin g terms and conditions: (a) No individual or person shall be permitted to own or operate a brewpub without first obtaining a proper Brewpub License from the City Council and payment of appropriate fees pursuant to the procedures set forth in this Chapter, an d each Brewpub Licensee shall comply with all other applicable state and local license requirements. (b) In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an eating establishment as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or Growler or Crowler, shall be included. (c) A brewpub licensed under this Chapter may secure an additional and separate license forengage in the retail sale of beer for off-premises consumption, so long as beers sold by the package by the brewpub are manufactured on site, sub ject to the limitations of state law. and this section. (d) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer per day. (3) Operate a restaurant that shall be the sole retail outlet for such beer provided directly for on-premise consumption (not through a wholesaler). Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on- 50 premises by this Article, including beer, wine and liquor, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on-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 beer from licensed wholesalers for consumption on-premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on-premises or by the package, as applicable, is authorized for other retailer licensees under this Chapter. Under no circumstances shall such beer be sold by a licensed brewer to a licensed retailer or on-premise consumption retailer for the purpose of resale. (5) Notwithstanding any other provision of this Section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on-premise consumption retailers. (5)(6) Be issued a tasting license. (e) Notwithstanding the foregoing provision, 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. (f) A Brewpub Licensee shall not offer or permit any fre e sampling of beer by its patrons on the premises. , except pursuant to the terms of its tasting license. (g) A Brewpub Licensee shall pay all state and local license fees and excise taxes applicable. (h) For the purposes of this Section, the term "barrel" means 31 gallons of beer. (i) Except as set forth in this Section, a Brewpub License holder shall be subject to all provisions of this Chapter. Sec. 4-80. – Private clubs. (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)(a) No alcoholic beverage license shall be granted to a Private Club organized or operated primarily for the selling or serving of alcoholic beverages. 51 (c)(a) 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 BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on- premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this Chapter as other on-premise licensees. Sec. 81. Sec. 4-85. – Farm wineries. (a) Any duly licensed Farm Winery may offer wine samples and make retail sales of its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under State law in a tasting room on the premises of the Farm Winery without additional license requirements. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses or permits as permitted by state law and City Ordinances. (b) To obtain and maintain a license, a Farm Winery must be in compliance with Chapter 64 of the City of Milton Code of Ordinances. (b)(c) Permitted sales. A Farm Winery may sell its wine, other Georgia wines, and wines produced or shipped from out of state as permitted under State law at retail in a tasting room or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off-premises. Other sales of alcohol may be as permitted by state law and City Ordinances. (d) Tastings. Offering of samples free of charge shall require an ancillary tasting license. (c)(e) Licensee qualifications. The qualifications for the license for sale by Farm Winery tasting room shall be the same as set forth in this Section. (d)(f) Licenses issued. The alcoholic beverage licenses which may beare issued to Farm Wineries under a Farm Winery license issued 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 52 state annual license tax as provided by the referenced code provisions in this Section. 2) Retail package sales of wine. Each retail package sales license shall require that allAll sales shall be by and through the Farm Winery tasting room at the site which said license is issued. 3) Farm Winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on-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. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter that govern on-premise consumption. 4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if approved, may be issued multiple Farm Winery licenses as provided in this Sectionsection 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 wine sales and consumption on- premise. 5) Special Event Alcohol LicensePermit or Events Facility License. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City Ordinances. (e)(g) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for Farm Winery operations. (f)(h) 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 10:00 p.m. 2) Sunday from 12:30 p.m. until 10:00 p.m. 3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. 53 (g)(i) Applicable provisions. The 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. (h)(j) Licensing limitations. The tasting 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 tasting use. (i)(k) 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 may result in a refusal to renew the license. Sec. 4-82 – Sunday sales. This license requires compliance with the requirements of state law with respect to the sale of alcoholic beverages on Sunday, and payment of the applicable fee. Sec. 4-83 – Alcoholic beverage caterers. (a) License and permit requirements for resident alcoholic beverage caterers. 1) Any off-premise or on-premise alcohol beverage licensee within the City may apply for an Alcoholic Beverage Catering License that, when utilized in compliance with state law and upon receipt of a Catered Event Permit, permits the transport, delivery and sale of alcoholic beverages for service and consumption at private functions on private property, at duly licensed special events and at assembly halls or special events facilities. 1)2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license 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. (b) It shall be prohibited for any person to engage in, car ry 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 and as regulated by state law and the Georgia Department of Revenue. (c) Catered Event Permit Approval. In order to distribute or sell beer, wine or liquor to or at a catered function within the City, a licensed alcoholic beverage caterer shall file an application for a Catered Event Permit with the City Manager or his or 54 her designee. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local license numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other information the City deems necessary to review a request for such Approval. There will be an annual fee set by City Council for applications filed by resident caterers. Non-resident caterers must include with the application a copy of the caterer’s current alcohol license and server permits from the non-resident caterer’s home jurisdiction. For non-resident caterers, the fee for each permit shall be established from time to time by the Mayor and City Council as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state Alcoholic Beverage Catering Licenses as well as the original Catered Event Permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the Alcoholic Beverage Catering License and Catered Event Permit. 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 beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain a server/seller alcohol permit required for alcohol. (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (h) 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. Sec. 4-84. Bring Your Own Beverage (BYOB) License (On-Premises Licensees) (a) A "Bring Your Own Beverage” License is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premise consumption licenses as well as to approved 55 establishments that are not licensed to sell or serve alcoholic beverages. Notwithstanding any other contrary provision of this Chapter, a BYOB License may be issued and maintained at an approved establishment only under the following conditions. 1) The hours during which BYOB is allowed are limited to Monday through Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:30 p.m. until 1 hour before close if the establishment qualifies as an eating establishment. If the establishment does not qualify as an eating establishment, alcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. 2) Off-premise retailers who do not also hold an on-premise consumption license are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. 3) Establishments that also hold an on-premise consumption license shall pay the same BYOB License fee as other BYOB establishments but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premise license. 4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this Chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. 5) For purposes of this Section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. 6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: i. The establishment may not sell liquor by the package. ii. The licensee must have an established policy pertaining to BYOB practices and may in its discretion charge a corkage fee and have available, either for a fee or not, barware such as glasses, ice buckets and bottle openers for the patrons' use. iii. With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB beverages are limited to beer and wine. iv. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. 56 v. No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. vi. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. vii. Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. viii. Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. Sec. 4-85. – Limited Food Service Restaurant License. A supplemental Limited Food Service Restaurant License is required to sell alcohol for consumption on-premises at a Limited Food Service Restaurant. A Limited Food Service Restaurant must derive at least 30 percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited Food Service Restaurant do not qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales License . Sec. 4-86. – Restaurant Package Sale License. (b) Sale of beer and/or wine for consumption off-premises sold by a restaurant licensed for on-premises consumption is subject to the following provisions: 1) Beer and/or wine shall be properly labeled in accordance with this Chapter and state law; 2) Beer and/or wine purchases may only be made in conjunction with a food purchase; 3) No more than one (1) bottle of wine and/or one (1) package of beer may be sold to a legally aged patron; and 4) The price of beer and/or wine for consumption off-premises must be the same as the price for beer and/or wine consumed on premises. (b) Wine that has been opened for consumption on the premises may be removed from the premises by the patron only when the licensee has complied with the “Merlot to Go” provisions of Section 4-134 of this Chapter and state law governing the same. This subsection does not apply to beer that has been opened for consumption on the premises; 57 (c) Sales of beer and/or wine by the package may only be processed by employees or agents authorized by the licensee and meeting the qualifications of this Chapter to sell alcoholic beverages; (d) Nothing in this Section shall authorize, permit, or otherwise allow an on-premise consumption retailer to obtain a license as an off-premise liquor retailer. (e) Notwithstanding any of the provisions of this Section, on-premise consumption retailers shall not sell beer or wine by the package for carryout purposes: 1) On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or 2) 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. Sec. 4-87. – Craft Beer and/or Wine Market License. A Craft Beer and/or Wine Market License is available to a qualified establishment in conjunction with application and payment of appropriate fees to allow sales by the package and for consumption on- premises of craft beer and/or wine. Such license is av ailable to an otherwise qualified establishment under the following conditions: (a) The establishment shall offer a minimum of fifty (50) different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requirements as set forth in this Chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on-premise license as well as an off-premise beer and/or wine package license. (c) The primary purpose of the establishment must be the package sale of craft beers and/or wine for consumption off-premises. (d) Sales of craft beers and wines may be for consumption on-premises and/or package (including Growlers or Crowlers). Although a Craft Beer and/or Wine Market is required to apply for a Growler/Crowler License in order to sell Growlers or Crowlers, the license fees for any such Growler/Crowler License will be waived for such establishments. (e) Craft Beer and/or Wine Markets shall be permitted in areas currently zoned to allow for both on-premise and off-premise consumption and shall meet all distance requirements for both types of licenses. 58 (f) Craft beers and wine consumed on the premises of a Craft Beer and/or Wine Market shall only be opened by the licensee or an employee of the Craft Beer and/or Wine Market. Craft beers and wine to be consumed on-premise shall not include Growlers or Crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this Chapter. (h) The sale of food is expressly permitted in a Craft Beer and/or Wine Market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (j) The Craft Beer and/or Wine Market License is a supplement to, and not a substitute for, the off-premises sales license and on-premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. Sec. 4-88. – Growlers or Crowlers. (a) The sale of Growlers or Crowlers requires a separate Growler/Crowler License. Brewpubs, Craft Beer and/or Wine Markets, Eating Establishments and Restaurants may be licensed to sell Growlers or Crowlers if they meet all other requirements to hold an off-premise beer and/or wine package license. Establishments that sell liquor by the package are prohibited from also selling Growlers or Crowlers. (b) The filling of Growlers or Crowlers 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 or Crowlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed Growlers or Crowlers may be filled and made available for retail sale. (e) Each Growler or Crowler must be securely sealed and removed from the premises in its original sealed condition. (f) As with any other off-premise package license, unless the licensee holds a separate on-premise consumption license, consumption on-premises is strictly prohibited. Sec. 4-89. – Ancillary Tasting. 59 (a) Ancillary Tasting License. The holder of a hybrid license will receive an ancillary tasting license as part of its hybrid license. The holder of an off-premise retail license, manufacturing license or hybrid license may be eligible for a separate ancillary tasting license to provide samples it offers for sale by the package to patrons upon meeting all of the requirements specified in this Chapter and paying the required fees. An Ancillary Tasting License may be utilized at an approved establishment only under the following conditions: 1) Sampling shall be on limited occasions when a patron requests a sample offered for sale within the premises or in conjunction with education classes and sampling designed to promote beer and/or appreciation and education. 2) Beer and/or wine tasting for patrons shall only be conducted at a counter area constituting no more than ten percent (10%) of the entire floor area of the premises. 3) Sampling for patrons shall not exceed two (2) ounces per sample of beer/wine or ½ ounce of liquor, and no patron shall consume more than eight (8) ounces of beer/wine or 2 ounces of liquor (or any proportional combination of the two) in any two-hour (2) period. 4) Bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. 5) No open containers of beer and/or wine shall be removed from the licensed premises. 6) The holder of an Ancillary 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. 7) Sampling and tasting is permitted within the enclosed portion of the premises. 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 a s 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. 8) The hours during which tastings may be conducted are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 60 9) This section is intended to be interpreted as a supplement to, and not to interfere with the requirements of, O.C.G.A. § 3-15-2. Sec. 4-90. - Temporary Alcoholic Beverage Licenses. (a) Authority. The City Manager is authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions set forth in this Section. (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the City Manager, not to exceed 90 days. No such license shall be issued unless: 1) An application for a license is filed with the City Manager and payment in full of the fee thereof has been deposited with, and cleared, the City’s financial institution. 2) The City Manager is satisfied that the location for the proposed license substantially complies with the provisions of this Chapter 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) Extension of temporary license. If, at least three (3) business days prior to the expiration of a temporary license, the applicant requests and explains why an extension is needed, and the City Manager finds the factual circumstances surrounding the request to support the granting of an extension; the City Manager is authorized to extend the period of the temporary license up to an additional sixty (60) days and charge an additional temporary license fee. Should an applicant have reason to seek an extension beyond the first extension of an additional sixty (60) days and the City Manager finds the factual circumstances surrounding the additional extension request to support the granting, then the City Manager shall present the request to City Council for consideration and approval or denial at the next regular session of City Council. (e) No bearing on decision for license. The grant or denial of a temporary license under the provisions of this Section shall not affect or have any bearing upon the 61 grant or denial of a license. The City shall not be liable to the applicant if, for any reason, a license is not issued either prior to the expiration of the temporary license or not issued at all. Secs. 4-8691 – 4-92 Reserved. DIVISION 3. - SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4-93. - Special Event Alcohol Permits (a) For existing Consumption Off-Premise and/or On-Premise Licensed Establishments: A Special Event Alcohol Permit may be issued to any establishment licensed to sell alcoholic beverages for consumption on-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; pro vided the term of such permit shall not exceed the time permitted by the approved Special Event Permit issued under Chapter 64. The Licensee must submit an application and pay the required non-refundable fee, and, in relation to the Special Event Alcohol Permit, shall be required to comply with all licensing requirements associated with its Consumption On-Premises License with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this Chapter, the holder of the Special Event Alcohol 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. An establishment that holds a current on-premise consumption license may not receive a Special Event Alcohol Permit for package sales for off-premises consumption. (b) For non-profit civic organizations: A Special Event Alcohol Permit may be issued to any non-profit organization for a period not to exceed the time permitted by the approved Special Event Permit issued under Chapter 64. The Applicant must submit an application and pay the required non-refundable processing fee and shall be required to comply with all licensing requirements for a consumption on- premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this Chapter, the holder of a Special Event Alcohol Permit may be authorized, upon terms and conditions identified by the City Manager, to pour alcohol at the special event, sell sealed packaged beer and/or wine for off-premise consumption, 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 a Consumption On-Premises 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 62 accommodation shall only be authorized, if at all, during the term of the special event. (c) Any employee or volunteer of a non-profit Special Event Alcohol Permit, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain an alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, serve, or take orders for alcoholic beverages. (d) The special event must meet the following criteria prior to the issuance of a Special Event Alcohol Permit: 1) The event must have been permitted as an approved special event, as described in Chapter 64, prior to the issuance of a Special Event Alcohol Permit. 2) The special event must be associated with and benefit the cause of a non- profit charitable or civic organization. c) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this Chapter. d) Chief of Police’s authority to revoke. The Chief of Police or his or her designee may immediately revoke any Special Event Alcohol Permit 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 Alcohol Permit, the licensee shall indemnify and hold the City harmless from any and all claims, demands, or causes of action that may arise from activities associated with the special event. Sec. 4-94. - Grand Opening/Annual Promotion Permit (a) Any establishment licensed to do business in the City and meeting all other location requirements to be open to the public may apply for a Grand Opening/Annual Promotion Permit. Such license allows the holder to provide beer and wine for consumption on-premises of its business establishment for a single four (4) hour period in any given year for the purpose of celebrating the business whether for a grand opening, anniversary, or other special event. The establishment must abide by all other provisions of this Chapter, including prohibitions against providing alcohol to minors and intoxicated patrons. The establishment may not receive money or donations for the alcohol served in accordance with such a license. (b) Employees or volunteers of the Grand Opening/Annual Promotion Permit, working the event in any position in any position dispensing, selling, serving, taking orders, or mixing alcoholic beverages shall not be required to obtain an 63 alcohol seller/server permit for the special event, provided that no person under 18 years of age may dispense, sell, serve, or take orders for alcoholic beverages. Sec. 4-95. - Public facilities event alcohol permit. (a) Notwithstanding any other provision of this Chapter to the contrary, a limited exception to allow the consumption of alcoholic beverages on public property shall exist for that person or entity possessing a Public Facilities Event Alcohol Permit, as hereinafter defined. (a)(b) For all purposes of this Section, "public facilities" shall mean all facilities owned or leased by the City, except: 1) Any fire station; and 2) Any public safety facility. (c) Any person or entity desiring to engage in activities licensed by this Section, shall make written application to the City Manager or his or her designee for the appropriate Public Facilities Event Alcohol Permit on forms prescribed by the City. All applications shall be accompanied by a Public Facilities Event Alcohol Permit fee as established by the City Council. Further, all applicants shall be required to provide a release and meet any other requirements estab lished by the City Manager as conditions of obtaining the Public Facilities Event Alcohol 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 Event Alcohol Permit: 3)1) expected time period in which the event will occur; 4)2) whether the event will occur during daylight hours; 5)3) the number of people expected to attend the event; 6)4) other activities scheduled to occur in the structure, facility or propert y at the time of the event; and 7)5) any other factor weighing upon the health, safety or welfare of others. (b)(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, 64 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 Event Alcohol Permit is granted by the City Manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two (2) days for a public park and one (1) day for any other public facility. (g) A Public Facilities Event Alcohol Permit for a public park shall permit the permit holder to serve and sell alcoholic beverages in a hospitality tent or similar structure previously approved by the Fire Marshall, and the alcoholic beverages may only be consumed on-premises of such hospitality tent or similar structure. (h) A Public Facilities Event Alcohol Permit shall license the holder to serve and sell alcoholic beverages within the premises of the public facility. (c)(i) A Public Facilities Event Alcohol 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 (2) permits per calendar year shall be issued to an individual who is not a licensed caterer. (d)(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 Event Alcohol Permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this Section, a Public Facilities Event Alcohol Permit holder must comply with all of the provisions set forth in this Chapter. Sec. 4-96. – Catered event permit. See Section 4-83. DIVISION 4. - ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4-97. – Package sales of distilled spirits. (a) No liquor by the package shall be sold at retail except in: 1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; or 65 2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of liquor 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 faci lity is located. (b) Nothing in this Section shall prohibit the retail sale within these establishments of beer, wine, alcohol consumables, liquid commodities and/or mixes normally used in the preparation and serving of liquor. (c) Off-premise distilled spirits 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 liquor 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. Sec. 4-98. – Reserved. Sec. 4-99. – Private clubs. (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 BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on- premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this Chapter as other on-premise licensees. Sec. 4-100. – Hotels and In-Room Service. (a) A hotel is eligible to obtain a consumption on-premises license only if the following requirements are met. The hotel must: 66 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 or patrons for adequate pay; 2) Contain 50 or more rooms used for the sleeping accommodations of guests or patrons; and 3) Contain one (1) or more public dining rooms, with adequate and sanitary full-service kitchen facilities. 4) A hotel may consist of a single building or may consist of two (2) or more buildings located on the same premises and used in connection with the hotel operation. 5) 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 Chapter. (b) 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. (c) For the purposes of this Section, the term "in-room service" consists of: 1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and 2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. 67 (d) 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 provided for in this Chapter for on- premise consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Liquor sold pursuant to this Section shall not be sold in packages containing less than 50 milliliters each. (f) 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 liquor. 89Secs. 4-101 – 4-105 Reserved. ARTICLE IV – OPEN CONTAINER AREAS IN SPECIAL DISTRICTS Sec. 4-90106. - General provisions. The provisions of this Article are intended to set forth exceptions and provisions applicable only to licensees whose establishments are located within the areas identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on- premises. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter. Sec. 4-91107. - Definition of special districts. For the purposes of this Article only, the City’s Special Districts are designated as follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached maps) and are defined as follows: The area of the City identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a Special District, the entire licensed establishment shall be considered part of the Special District, regardless of whether any portion of the licensed establishment is in a zoning district not included in the Special District. Sec. 4-92108. – Open Container Areas allowing outside consumption of alcoholic beverages. 68 Notwithstanding any other provisions in this Chapter, the following activities are specifically allowed within Open Container Areas in the City’s “Special Districts.” (a) One (1) drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on-premises whose entrance is located in a Special District 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 (1) such alcoholic beverage at a time for removal from the premises, and no person shall remove at one (1) time more than one (1) 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 prohibited 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 premise within the defined districts. A licensed premise will be deemed to be within the defined district if the entrance to the licensed premises is located within the district. Sec. 4-109.4-93. - Alcohol/food sales ratio for special districts. A licensed establishment for the consumption of alcoholic beverages on the premises that is located within the defined districts shall derive a minimum of thirty percent (30%) of its total annual gross food and beverage sales from the sale of prepared meals or food. Sec. 4-94. - 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. Secs. 4-95110 – 4-99115 Reserved. 69 ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS, SELLER/SERVER PERMITS DIVISION 1. ENFORCEMENT. Sec. 4-100116. – Enforcement by Police Department. Except as otherwise provided, the Police Department shall be responsible for the enforcement of the provisions of this Chapter and applicable state law. Sec. 4-101117. - Emergency suspension of sale and/or provision of alcoholic beverages. The City Manager and Chief of Police are each authorized to suspend the sale and/or provision of alcoholic beverages under any license for any emergency situation when the official 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 determines the emergency no longer exists or until the next meeting of the City Council, at which time the city council shall decide whether the suspension shall cease or be extended. Sec. 4-1021118. - Inspection of licensed establishments. (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 Chapter. Secs. 4-103119 – 4-104124 Reserved. DIVISION 2. OPERATING REGULATIONS Sec. 4-105125 – Hours and Days of Sale Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premise consumption): Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 12:30 p11:00 a.m. and 11:30 p.m.12:00 midnight with a valid Sunday Sales License. 70 (b) Retail package liquor or distilled spirits (off-premise consumption): Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 12:30 p11:00 a.m. and 11:30 p.m.12:00 midnight with a valid Sunday Sales License. (c) Eating establishments, restaurants and other on-premise licenses not specifically designated in this section: Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall meet the minimum food sales requirements set forth under state law and possess a valid Sunday Sales License. (d) Ancillary license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until 1 hour before closing but no later than 1 a.m. (e) Incidental Service License, Limited Tap License, Craft Beer and/or Wine Market, Growler/Crowler Shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. (f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. Sunday from 12:30 p.m. until 10:00 p.m. (g) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this Chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this Section for discontinuance of the sale of alcoholic beverages on the premises. 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 Clubs. State Law reference— Georgia Dept. of Rev. Regulations 560-2-3-.02 Sec. 4-106126. – Maintenance and compliance of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all City regulations governing the conditions of the premises, including but not limited to, compliance with the applicable Sections of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (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 (3) hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. 71 (c) All eating establishment and restaurant areas, including all tables, booths, and other areas where patrons are served and including all passageways for patrons, 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 is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all County and state health rules and regulations and report any violations to the City Manager or his or her designee. (e) City fire personnel are authorized to regularly inspect the premises to see that they are in compliance with all City, County, and state fire regulations and report any violation to the City Manager or his or her designee. (f) The City Community Development Department is authorized to regularly inspect the licensed premises to determine if t he premises are in compliance with all technical codes of the City and County and report any violation to the City Manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this Chapter and report any violation to the City Manager or his or her designee. Sec. 4-107127. - Advertising; signs; pricing. (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: 1) On the exterior of any retail package outlet; 2) On the premises of an on-premise consumption dealer; or 3) In the windows of any licensed 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 patrons on a regular printed menu. 72 (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. Sec. 4-108128. - Wholesaler and distributor registration and delivery requirements. All wholesalers or distributors shall register and pay appropriate fees with the city and comply with this Chapter before they can sell or deliver any alcoholic beverages to any establishment in the City. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor registered as set out in this Chapter and shall at all times when deliveries are being made be subject to inspection by any and all duly authorized authorities of the City. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a valid retail license. Sec. 4-109129. - Storage of alcoholic beverages by retailers. All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no other place. All alcoholic beverages shall be available at all times for inspection by authorized City officials. Any brand or type of alcoholic beverages found in any retailer's stock that was not delivered to the licensed premises by an authorized wholesaler or distributor shall be subject to immediate confiscation. Sec. 4-110130. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any retail licensee hereunder from any wholesaler or manufacture of beer, wine or other alcoholic beverages shall be permitted. Sec. 4-111131. - 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. Sec. 4-112132. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. Sec. 4-113. - License prohibited for package sales in connection with designated establishments133. – Tasting of samples by employees. Notwithstanding any contrary term or prohibition in this Chapter, in any retail package liquor store in which alcoholic beverages are legally sold in unbroken packages, tasting of alcohol samples by retail dealers and their employees is permitted to the extent allowed by O.C.G.A. § 3-3-26. No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premise consumption. Secs. 4-114134 – 4-119139. Reserved. 73 DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS Sec. 4-120140. – Licensee to identify employees involved with alcoholic beverages. It shall be the duty of the licensee to file with the City a list of the names, driver’s license numbers, addresses and telephone numbers of all present employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. Sec. 4-121141. – Restrictions on employment of underage persons. (a) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It shall be prohibited for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of retail package distilled spirits establishments must be at least 21 years of age. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premise beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off-premises if there is, at all times during which any person under 18 years of age is working and during hours within which alcoholic beverages are sold, either the licensee or at least one (1) employee over the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. (c) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages, all such employees shall require proper age identification of any person attempting to purchase alcoholic beverages. Sec. 4-122142. – Alcohol seller/server permits required; application process and conditions; appeals; training. The following regulations shall apply to all establishments holding an alcoholic beverage license other than non-profit Special Event Alcohol licenses:Permits and Grand Opening/Annual Promotion Permits: (a) No person shall be employed or allowed 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 74 Chief of Police or his or her designee, indicating that the person is eligible to hold an alcohol seller/server permit. (b) This section shall not be construed to include volunteer groups with nonprofit tax- exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. However, no volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No alcohol seller/server 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 City Council, and a search of the criminal record of the seller/server is completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The Chief of Police or his or her designee shall have a complete search made relative to any police record of the seller/server seeking a permit. If there is no record of a violation that would preclude the individual from selling or serving alcohol under 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 sales and service of alcohol at the licensed location. If it is found that the person is not eligible, the Chief of Police or his or her designee shall notify the person, in writing, that he or she not eligible for an alcohol seller/server permit from the City, of the cause of such denial, and of the individual’s right to appeal. Appeals shall be filed with the City Manager and heard by the City Council. (e) Crimes preventing the possession of an alcohol seller/server permit: Any individual seeking an alcohol seller/server permit shall submit to fingerprinting as part of a background investigation by the Police Department in connection with the application for the permit. No person shall be granted an alcohol seller/server permit who has, within five (5) years of the date of applying for said permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages (including sale or transfer of alcoholic beverages to minors in manner contrary to law), keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime. No person shall be granted an alcohol seller/server permit who, at the time of applying for an alcohol seller/server permit, is then on parole or probation for any of the criminal offenses identified in this subsection. 75 No person shall be granted an alcohol seller/server 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 (5) 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 not be considered 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.; provided, 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. (f) An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the Police Department or the City Manager's staff. (g) 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 alcohol seller/server 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 thirty (30) calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) 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. (i) A replacement permit will be issued within thirty (30) days of the original date, upon paying one-half of the fee charged for an original alcohol seller/server permit. After thirty (30) days of original application date, a new application and fee must be submitted. (j) 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. No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid City alcohol seller/server 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 76 verify that each employee has in his or her possession a valid City alcohol seller/server permit. Training of permit holders. 1) Licensees shall provide regular information, the establishment’s alcohol sale/service policies, and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages and do not appear to be legally intoxicated. Training shall also include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and the City’s ordinances regarding the prohibitions against providing alcoholic beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. 2) Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. Evidence of such training records shall be made available upon request for inspection by the City. (k) Any establishment that has agents or employees acting in violation of this section may receive a fine and/or license suspension or revocation as set forth in this Chapter for violations of this Chapter. (l) Any individual working in a licensed establishment without the required permit may be charged with a misdemeanor and penalized accordingly and may also be prohibited from applying for an alcohol seller/server permit within the City for a period of time up to sixty (60) days in the discretion of City Council. Secs. 4-123143 – 4-129149 Reserved. DIVISION 4. SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS Sec. 4-130150 - Sales and consumption on public property. (a) Except as provided in this Chapter, it shall be prohibited for any person to sell, serve, or otherwise dispense any alcoholic beverage in a street, sidewalk, alleyway, parking area, mall or other place commonly used by the public or in any other public place or on public property. 77 (b) Private parties and organizations may secure a permit from the City Manager as set forth in this Chapter to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the City to the extent authorized. Sec. 4-131151. - Drinking in public places. (a) It shall be prohibited for any individual to drink or consume all or any part of an alcoholic beverage in or on any street, sidewalk, alleyway, parking area, mall, or other place commonly used by the public unless the place has been licensed or permitted for consumption or is located in a Special District, subject to the limitations of the license, permit, or provisions of this Chapter. (b) It shall be prohibited for any individual to drink or consume all or part of any alcoholic beverage while in any City park except during licensed special events or at licensed locations within such parks. (c) Nothing in this section shall be construed to (i) prohibit the sale and consumption of any alcoholic beverage at any duly licensed sports club, assembly hall, special event facility, or golf course owned or operated by the City, or (ii) prevent a licensee from preparing and serving alcoholic beverages to be consumed within an approved Outdoor Dining Area as part of the operation of its business. To the extent that an approved Outdoor Dining Area is located on a portion of a City sidewalk or is separated from the interior dining portion of the licensed premises by a City sidewalk, open containers of alcoholic beverages shall only be transported into or out of such outdoor dining area by the licensees' working employees as part of their work duties. Sec. 4-132152. - Alcohol consumption near retail package stores. It shall be prohibited for any person to open or to consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form or within the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance. Sec. 4-133153. - Open areas and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in a licensed establishment’s open areas, sidewalks, decks, patios or similar unenclosed spaces on, about or adjacent to the premises of an establishment licensed to sell alcohol for consumption on-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. 78 Sec. 4-134154. - Carry-out of partially consumed bottles of wine permitted (“Merlot to Go” provision). (a) An eating establishment licensed to sell wine for consumption on-premises may permit guests, patrons or members to purchase the establishment's wine on the premises and leave with no more than one (1) bottle of unfinished wine per legally aged patron as long as such bottle has been re-sealed and packaged in accordance with the provisions set forth in O.C.G.A. §3 -6-4. (b) Such partially consumed bottle of wine must be transported in accordance with O.C.G.A. § 40-6-253, "Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area." However, nothing in this Section shall be construed to prohibit the carrying out of beer or wine for consumption at a publicly owned or privately-owned golf course. (c) No licensee may allow patrons to remove partially consumed wine from their premises pursuant to this Section without first providing written notice to and obtaining written approval from the City Manager. This approval will only be provided to establishments that meet the requirements of an “eating establishment” under this Chapter and state law. While an approved establishment may charge a “corkage fee” to patrons for the re-sealing and packaging of the wine, there will be no additional license fees assessed by the City for an establishment to be approved as a “Merlot to Go” establishment. Sec. 4-135155. – Carry-out of alcoholic beverages prohibitions. (a) Except as otherwise provided in this Chapter, all alcoholic beverages sold or otherwise dispensed for consumption on the licensed premises shall be consumed only on the licensed premises. (b) Except as otherwise provided in this Chapter, it shall be prohibited for any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises, and it shall be prohibited for the licensee to permit any person to remove from the licensed premises any alcoholic beverages sold for consumption on-premises except as otherwise permitted under this Chapter. When prohibited, the licensee shall be responsible for ensuring that no person removes any alcoholic beverages from the premises in any type of container. (c) It shall be prohibited for any person purchasing alcoholic beverages for consumption on-premises to leave the premises without paying for such alcoholic beverages. (d) Except as otherwise provided in this Chapter, it shall be prohibited for patrons to gather outside the establishment of a consumption on-premises licensee and consume alcoholic beverages. 79 (e) Except as otherwise provided in this Chapter, it shall be prohibited for the manager or any employee of a consumption on-premises licensee to allow patrons to gather outside the establishment and consume alcoholic beverages. Sec. 4-136156. - BYOB prohibited except in licensed establishments. (a) It is prohibited for any person to bring an alcoholic beverage into any business establishment (regardless of whether the establishment holds a license to sell or serve alcoholic beverages), unless such establishment holds a valid BYOB License. (b) Where an establishment holds a BYOB License, in addition to all requirements in place for holding such license, the following requirements/prohibitions apply: 1) The establishment may not sell liquor by the package. 2) The licensee must have an established policy pertaining to BYOB practices. 3) BYOB beverages are limited to beer and wine, unless a patron has rented an entire section of the premises for a private function. 4) No alcohol may be brought onto the premises or consumed by a patron under 21 years of age. 5) No alcohol may be brought onto the premises by a patron less than one (1) hour prior to closing. 6) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. 7) Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB License shall be properly disposed of and not kept on the premises. 8) Employees of the establishment/licensee are prohibited from handling any patron’s alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. 9) No person under age 18 shall work in an establishment with a BYOB license. Sec. 4-137157. - Prohibited sales to persons under 21 or intoxicated persons; Sunday and election day provisions. 80 (a) No licensee shall permit on the licensed premises, the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person under 21 years of age. (b) No licensee shall permit on the licensed premises the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person who is in a state of noticeable intoxication. (c) No licensee shall permit the sale of alcoholic beverages on Sunday, except as otherwise provided by law or in this Chapter. (d) No licensee shall permit the sale of alcoholic beverages on election days 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. The sale of alcoholic beverages on election days is permitted to the extent authorized by state law, pursuant to O.C.G.A. § 3-3-20. Sec. 4-138158. - 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-premises, shall: 1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this Section, “free” means free to the patron on behalf of the establishment. 2) Deliver more than two (2) alcoholic beverages to one (1) person at a time , however, nothing herein shall prohibit a brewpub from offering a sampler of beer in containers not exceeding four (4) ounces. Each sampler shall not exceed four (4) different types of beer.. For the purposes of this Section, one (1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer, or one (1) 6 ounce glass of wine or one (1) ounce of 100 proof spirits. i. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding eight (8) ounces. Each sampler shall not exceed four (4) different types of beer. ii. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three (3) ounces. Each sampler shall not exceed four (4) different types of wine. iii. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one half (1/2) ounce. Each sampler shall not exceed four (4) different types of liquor. 3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent (50%) of the price regularly 81 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 person s any alcoholic beverages on any one (1) day at prices less than those charged the general public on that same calendar day, except at private functions not open to the public. 6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two (2) or more legally aged persons at any one (1) 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. This subsection shall not apply to Incidental Service 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 (1) 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: 1) Offering free food or entertainment at any time; 2) Including an alcoholic beverage as part of a meal package; or 3) Selling or providing wine by the bottle or carafe when sold with meals or to more than one (1) person. (e) The Police Department shall have the responsibility for the enforcement of this Section. 82 (f) 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 patrons 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 Service Licenses. (g) It shall be prohibited for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this Section, the term “sale” shall refer to the point at which there is an exchange of money for alcoholic beverages or when alcoholic beverages are left in the sole possession or control of a patron. Nothing in this Section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be prohibited 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 provided that this Section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB License by a patron. Sec. 4-139159 – Reserved. DIVISION 5. ‘UNDER 21’ PROHIBITIONS Sec. 4-140160. - Furnishing to, purchasing of alcoholic beverages by persons under 21 years of age prohibited; maintaining place where persons under 21 may purchase, drink, or possess alcoholic beverages prohibited. Refer to Chapter 32 Section 135 of the City of Milton Code of Ordinances - Prohibited acts by persons under 21 years of age. Sec. 4-141161. – Purchase, consumption, possession by or for underage persons. (a) It shall be prohibited for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be prohibited for any person to keep or maintain a place where persons under 21 years of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. 83 (c) It shall be prohibited for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee and his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. Sec. 4-142162. - Under-age persons on licensed premises, employment of minors. No licensee who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or spouse who is 21 years of age or older; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under this Chapter. Sec. 4-143163. - Misrepresentation of age by underage persons. It shall be prohibited for any person under the age of 21 years, to misrepresent his or her age in any manner whatsoever. Secs. 4-144164 – 4-149169 Reserved. DIVISION 6 – ACTIVITIES PROHIBITED ON PREMISES Sec. 4-150170. - Contents of bottles. It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill empty alcoholic beverage bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 4-151171. - 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 g uest 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 hi s 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. 84 Sec. 4-152172. - Employees prohibited from mingling with patrons. (a) It shall be prohibited for any employees of a licensee under this Chapter to dance or sit with patrons in the premises or for any patron to be permitted to purchase food or drink for such employees during such employees' working hours. (b) Alcoholic beverages shall only be served by the licensee or the licensee's employees or agents. (c) It shall be prohibited for any employee or agent of any licensee to consume alcoholic beverages on the premises of the licensee during such employee's or agent’s working hours. Sec. 4-153173. - Types of entertainment - attire and conduct prohibited. (a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or simulate: 1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; 2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or 3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (c) 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 this Section. (d) It shall be prohibited 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 (1) and (2) of this Section. (e) Failure to comply with this Section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the City pursuant to this Chapter. Secs. 4-154174—4-159179 Reserved. ARTICLE VI. – REPORTING, AUDITS, AND EXCISE TAXES 85 DIVISION 1. – GENERALLY Sec. 4-160180. - Administration and enforcement of article. (a) The Finance Director or his or her designee shall administer and enforce the provisions of this Article. (b) The City Manager 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 Chapter, 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. Sec. 4-161181. – Audits. (a) If the City Manager deems it necessary to conduct an audit of the records and books of a 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 Finance Director or other designee to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this Chapter. (b) All establishments licensed under this Chapter must maintain the following records for five (5) years and make them available for audit at the licensed premises: 1) Monthly income or operating statements. 2) Daily sales receipts showing beer, wine, liquor and food sales separately (this requirement does not apply to package beer and wine licensees). 3) Daily cash register receipts such as Z Tapes or guest tickets. 4) Monthly state sales and use tax reports. 5) Federal income tax return with all Form 1099s. 86 6) Any and all records utilized in calculating excise taxes as set forth in this Chapter. (c) The City Manager can waive all or some of the requirements of subsection (b) of this section if the City Manager finds reasonable evidence to support the waiver. Sec. 4-162182. – Reporting of food sales required. (a) Each holder of any alcoholic beverage license for which minimum food sales requirements apply, shall maintain on the premises and available for inspection at any time during business hours, records that document the establishment’s sales in even dollars and as a percent of total revenue. These numbers shall include gross food sales in even dollars and as a percent of the total sales, gross alcoholic beverage sales in even dollars and as a percent of the total sales, the amount of tax at the percent required under this division, and any other information reasonably related to the operation of the business required by the City. A report reflecting the same shall also be provided to the City Manager upon request and no more than 20 days after such request. (b) Failure to provide any and all of the information required by this section may result in penalties specified in this Chapter, including but not limited to, penalties and interest on the amount of tax due and payable, suspension or revocation of the license, or fines. Sec. 4-163183. – Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and deliveries; bonds; penalties. (a) Scope of Section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the City in the business of selling beer, wine and liquor, as defined under the laws of the state, there is imposed and levied upon all dealers described in this Section within the City limits an excise tax, to be computed and collected as set forth in this Article. (b) Amount of tax. The excise taxes on beer, wine, and liquor are set forth below and may be modified by the City Council with such modifications set forth in a schedule of excise taxes on file in the City Manager’s office and the Finance Department. (c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed in this Article shall be computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering beer, wine or liquor to any retail dealer in the City shall, as a condition to the privilege of carrying on the business: 1) Keep true and correct records of all sales, shipments or deliveries of such alcoholic beverages to any retail dealer in the City, such records to be for 87 a period of five (5) years for beer, wine, and liquor, and to be made available upon request to any duly authorized representative of the City. 2) Collect from each such retail dealer in the City limits at the time of delivery of the beer, wine, and liquor the amount of tax due under the terms of this Article and to hold such amount in trust for the City until such amount is remitted to the City as provided in this Section. 3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each calendar month make a verified and comprehensive report to the City Manager or his or her designee, which shall correctly show all sales and deliveries of beer, wine, and liquor to or for retail dealers in the City limits for the month immediately preceding such report. Such report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this Article, and such other information as may be called for by the City. This report shall be accompanied by remittance to the City for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this Section, the City shall notify the party in writing; and if the reports are not made and the taxes remitted within five (5) days from the date of notice, the City may prohib it said wholesaler or distributor from doing business in the City until the acts of noncompliance are cured. In addition, such a wholesaler must pay a late payment charge of fifteen percent (15%) per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent (1%) per month. (e) Prohibited retail sales. It shall be a violation of this Section for any person to sell at retail within the City any beer, wine, or liquor on which the taxes provided for in this Section have not been paid. This Section shall also apply to Farm Wineries. (f) Prohibited deliveries. It shall be prohibited and a violation of this Section for any wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail dealer in the City without collecting the taxes provided for in this Section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this Section, or who shall assist any retail dealer in beer, wine, or liquor in the City to evade or avoid the payment of the taxes provided for in this Section shall be punished as provided in this Chapter and shall also be subject to having his/her license revoked. 88 (h) Farm Wineries. Wines sold at retail by a Farm Winery shall have levied thereon the excise tax that applies to wholesalers. Farm Wineries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Breweries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. State Law reference—O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on- premises, O.C.G.A. § 3-3-42; display of prices of distilled spirits, O.C.G.A. § 3-4-26; levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3 -4-80; sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt beverages required, O.C.G.A. § 3-5-80; authorization to levy tax on wine, O.C.G.A. § 3- 6-60. Sec. 4-164184. - Per drink excise tax on distilled spirits to be collected and paid by on-premise consumption retailers. (a) There is hereby levied and imposed a specific excise tax on the sale of liquor in the amount of three percent (3%) of the charge to the public (or the patron in the case of a catered event) for the beverage that contains the liquor; this does not include any sales tax. (b) The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in whole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. (c) The excise taxes provided for in this Section shall be imposed upon and shall be paid by the on-premise consumption licensee who sells liquor by the drink. (d) Each licensee selling liquor by the drink within the City shall file a report with the City by the 20th day of each month showing the preceding calendar month summary of the licensee's gross sales derived from the sale of liquor sold by the drink during the preceding month. (e) Each such licensee shall remit to the City by the 20th day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this Section. (f) Each licensee collecting the tax authorized by this Section shall be allowed a percentage of the tax due and accounted for, and shall be reimbursed in the 89 form of a deduction in submitting, reporting, and paying the amount due if the amount is not delinquent at the time of payment. The deduction amount authorized will be the rate authorized under O.C.G.A. § 48-8-50, as now written or hereafter amended; (currently the rate of deduction as authorized under O.C.G.A. § 48-8-50 is three percent (3%) of the total amount due). (g) Excise taxes received after the 10th day of the month shall be charged a fifteen percent (15%) penalty plus interest (h) If the City Manager or his/her designee deems it necessary to conduct an audit of the records and books of the licensee, he/she will notify the licensee and an agreed upon date and time will be arranged. If a date and time cannot be agreed upon, the City Manager or his/her designee may set the date and time to occur anytime during the licensee’s normal business hours. (i) In addition to any penalties otherwise set forth in this Chapter, failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. Sec. 4-165185. - Excise tax on alcohol produced by brewpubs, breweries, micro- breweries, distilleries and micro-distilleries. (a) Every brewpub, brewery, micro-brewery, distillery and micro-distillery located within the City shall file a monthly report with the City Mana ger or designee no later than the 20th day of each month, on such forms as the City Manager or designee may prescribe, setting forth all alcohol produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a deficient or late filing penalty of $25.00 for each deficient reporting period. (b) There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be 5 cents per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c) There is levied an excise tax on all liquor produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. (d) Such tax shall be paid to the City no later than the 20th day of each month for the preceding month's production. A late payment penalty of fifteen percent (15%) of the tax otherwise due plus interest shall be added to the amount due for any payment not received by the due date. 90 Sec. 4-166186. - Excise tax required on wholesalers. (a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065] per ounce which shall be paid to the governing authority on all wine and liquor sold by wholesalers to retailers in the City. Such tax shall be paid to the City by the wholesale distributor on all wine and liquor sold in the City as follows: 1) Each wholesaler selling, shipping, or in any way delivering wine or liquor to any licensees under this Chapter, shall collect the excise tax at the time of delivery and shall remit the same to the City together with a summary of all deliveries to each licensee on or before the 10th day of the following month. 2) Excise taxes received after the 20th day of the month shall be charged a fifteen percent (15%) penalty plus interest. 3) It shall be a violation of this Chapter for any wholesaler to sell, ship or deliver in any manner any wine or liquor to a retail dealer without collecting such tax. 4) Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of liquor delivered, together with the price thereof and the tax collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for inspection by authorized representatives of the City. If requested by an authorized representative of the City, a copy of such records shall be attached to any reports requested or required by the City. 5) It shall be a violation of this Chapter for any retail dealer to possess, own, hold, store, display or sell any wine or liquor on which such tax has not been paid. Wholesalers collecting the tax authorized in this Section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorize d for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b) There is levied an excise tax on all beer sold by wholesalers to retailers in the City at the rate of $0.05 per 12-ounce container and $6.00 for each container of tap or draft beer of 15½ gallons and in similar proportion for bottles, cans and containers of various sizes as follows: Size of Container Tax Per Container 7-ounce $0.0291 Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" 91 8-ounce 0.0333 12-ounce 0.0500 14-ounce 0.0583 16-ounce 0.0666 32-ounce 0.1333 Half barrel (15½ gallons) 6.00 One barrel (31 gallons) 12.00 All provisions as to excise tax in this Section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent (3%) of the taxes collected which shall not apply to beer wholesalers. Secs. 4-167187 – 4-169189 Reserved. DIVISION 2. – TAX RETURNS AND COLLECTION Sec. 4-170190. - Tax delinquent on 21st day. The tax imposed under this Chapter shall, for each month, become delinquent on the 21st day of each succeeding month. Any such delinquent tax shall bear interest at the rate of one percent (1%) per month, or fraction thereof, and a penalty of fifteen percent (15%) of such delinquent tax shall be added and attached to the total amount of the fee. The City Manager or designee is empowered to pursue any remedy or right of collection and payment of taxes lawfully levied by the City, as may be allowed under the laws of the state and the ordinances of the City. State Law reference— Authority to impose excise tax on sale of distilled spirits by the drink, O.C.G.A. § 3-4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3-4-80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3-6-60 et seq. Sec. 4-171191. - Deficiency assessment. (a) If the City has cause to believe that a return or the amount of tax paid to the City by a licensee is not proper, the City may compute and determine the amount due on the basis of any information available. One (1) 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 three percent (3%), to accrue monthly from the 20th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year 92 based on the first weekly posting of statistical release H.15 on or after January 1 of each year. For the purposes of this Section, any period of less than one (1) month shall be considered to be one (1) 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 (25%) 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 (3) years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 4-172192. - Failure to file return. (a) If any licensee fails to make a return, the City may 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 in to 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 (1) or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fr aud or intent to evade this Chapter, a penalty of 25 percent (25%) 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 wr itten notice of the deficiency in the manner specified by this Chapter. (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this Chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the City. Sec. 4-173193. - Penalties and interest. 93 (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 (1%) per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the City, or fails to file any required tax return to the City, within the time required, shall pay a penalty of fifteen percent (15%) of the tax and interest due the City. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the City, the wholesaler shall immediately report such failure to pay to the Finance Department and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the City. In such event, the tax may be collected by the City by an action at law against the retailer. Sec. 4-174194. - Actions for collections; overpayment. (a) At any time within three (3) years after the delinquency of any amount due under this Chapter, 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 (3) 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. Secs. 4-175195 – 4-179199 Reserved. ARTICLE VII. - WHOLESALERS DIVISION 1. – GENERALLY Sec. 4-180280. - License required. 94 (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 the City 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: 1) 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. Sec. 4-181201. - Special provisions applicable to wholesale license. (a) Except as may be authorized under state law, 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 Chapter. 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 (1) 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, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) Sec. 4-182202. - Audits. If the City Manager deems it necessary to conduct an audit of the wholesaler licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. 95 (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017 Secs. 4-183203 – 4-199222 Reserved. 1 Appendix A - FEES AND OTHER CHARGES[1] FEES AND OTHER CHARGES Chapter 4—Alcoholic Beverages 4-30 (h)(i) License fees Retail package See Chapter 4, Article III, Division I 4-34 Processing fee - administrative $100.00/year 4-52(e) Transfer license fee $100 4-64(b)1 Penalty for sale to underage persons For the first offense A minimum fine of $500.00 4-64(b)2 Penalty for sale to underage persons For the second offense in 24- month period A minimum fine of $750.00 4-64(b)3 Penalty for sale to underage persons For the third offense in 24-month period A minimum fine of $1,000.00 4-64(e) Criminal penalties In addition to available actions, violators of chapter could be charged criminal penalties Not to exceed $1,000.00 4-30(h) Prorated license fees - based on the number of months remaining in the calendar year (a partial month equals a whole month). Retail package Wine $33.33/month Beers (including growlers) $33.33/month Wine and beers $66.66/month Distilled spiritsLiquor $250.00/month Wine, beers and distilled spiritsliquor $316.66/month Consumption on Premises Wine $54.16/month Beers $54.16/month Wine and beers $108.32/month 2 Distilled spiritsLiquor $266.66/month Wine, beers and distilled spiritsliquor $375.00/month Additional bar $83.33/month Retail package license fees 4-70(a) Wine $400.00/year 4-70(a) Beers (including growlers) $400.00/year 4-70(a) Wine and beers $800.00/year 4-70(a) Distilled spiritsLiquor $3,000.00/year 4-70(a) Wine, beers and distilled spiritsliquor $3,800.00/year 4-70(a) Specialty gift shop license (beer/wine) $100.00/year Consumption on Premises (Standard) 4-70(b)(1) Wine See 4-70(f) for prerequisites $650.00/year 4-70(b)(1) Beers See 4-70(f) for prerequisites $650.00/year 4-70(b)(1) Wine and beers See 4-70(f) for prerequisites $1,300.00/year 4-70(b)(1) Distilled spiritsLiquor See 4-70(f) for prerequisites $3,200.00/year 4-70(b)(1) Wine, beers and distilled spiritsliquor See 4-70(f) for prerequisites $4,500.00/year Consumption on Premises (Limited) 4-70(b)(2)(a) “Bring Your Own Beverage” (BYOB) License (No Pre-existing On-Premise Licensees) $100/year 4-70(b)(2)(b) Incidental Service License $100/year 3 (4-70(b)(2)(c)1 Limited Tap License $250.00325/year (c)14- 70(b)(2)(d) Courtyard Market License $500250.00/year 4-70(b)(2)(e) Special events facility license $250/year Manufacturing (4-70(c)8)(1) Manufacturer’s License Brewery or Distillery In addition to license fees in $500.00/year (4-70(c)8)(2) Manufacturer’s License Brewpub, Micro-Brewery or Micro-Distillery In addition to license fees in $250.00/year Hybrid No fee 4-70(d)(1) Brewpub $1,650250.00/year 4-70(d)(2) Farm winery - wholesale $400.00/year 4-70(d)(2) Farm winery - retail packages sales $400.00/year 4-70(d)(2) Farm winery - consumption on premises $650.00/year Add-On License 4-70(e)(1) Sunday Sales License Retail Package $250/year 4-70(e)(1) Sunday Sales License Consumption on Premise $500/year (c)11a4- 70(e)(2) Resident caterer license For currently licensed consumption on premises or retail package establishments $150.00/year (c)11b4- 70(e)(2) Non-resident caterer license For authorized event $50.00/event 4 4-70(e)(3) “Bring Your Own Beverage” (BYOB) License (On-Premise Licensees) See 4-70(f) for prerequisite license $100/year 4-70(e)(4) Limited Food Service Restaurant License See 4-70(f) for prerequisite license $250/year 4-70(e)(5) Restaurant Package Sale License See 4-70(f) for prerequisite license $100/year (c4-70(e)(6) Craft Beer and/or Wine Market License In addition toSee 4-70(f) for prerequisite license fees in $250.00/year (d4-70(e)(7) Growler/Crowler License See 4-70(f) for prerequisite license $100/year (4-70(e)(8) Ancillary Beer and/or Wine Tasting License In addition toSee 4-70(f) for prerequisite license fees in $100/year Other (f4-90(c) Temporary Alcoholic Beverage License 25% of assessed annual fee (c)34-99 Private clubs See section 4-70 4-100 Hotel and hotel in-room service See section 4-70 Permits 4-72(a) Special event alcohol permitlicense For currently licensed establishments $250.00 4-72(a) Special event alcohol permitlicense For non-profit civic organizations $100.00 4-72(b) Grand Opening/Annual Promotions Permit No fee 4-72(c) Public facilities event alcohol licensepermit $50.00/event (c)14-72(d) Catered event alcohol permit No Fee 4-128 Wholesaler license fee Located within the city limits 5 Wine $400.00/year Beers $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year 4-128 Wholesaler license fee Located outside of the city limits Wine $100.00/year Beers $100.00/year Wine and beers $100.00/year Distilled spirits $100.00/year Wine, beers and distilled spirits $100.00/year (4-142(c) Pouring permit Investigative fee $60.00/every 2 years (4-142(i) Pouring permit replacement If within 30 days of original application date, then fee is $7.50. If after 30 days of original application, new application and fee must be submitted (see 4-235). (4-184(a) Excise tax on distilled spirits by the drink 3% of the charge to the public for the beverage (4-185(b) Excise tax on all beer produced by a brewpub, brewery, or micro-brewery $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons), $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces (4-185(c) Excise tax on all distilled spirits produced by a distillery or micro-distillery $0.22 per liter or [$0.0065] per ounce, and a proportionate tax at the same rate on all fractional parts of a liter (4-185(d) Penalty for late excise tax payment 15% of the tax otherwise due 6 (4-186(a) Wholesale excise tax on distilled spirits $0.22 per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter (4-186(a) Wholesale excise tax on wine $0.22 per liter of wine, and a proportionate tax at the same rate on all fractional parts of a liter (4-186(b) Wholesale excise tax on beers Container types When beers are sold in or from a barrel or bulk container $6.00 on each container sold containing not more than 15½ gallons and a proportionate tax at the same rate on all fractional parts of 12 ounces When beers are sold in bottles, cans, or other containers other than barrel or bulk containers $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces (4-191(b) Interest on deficiency of wholesale or retail excise tax See( section 4-171(b) (4-191(c) Penalty on deficiency due to fraud 25% of the amount required to be paid (4-192(b) Penalty for failure to file return For any deficiency which is determined to be made due to fraud, or intent to evade this chapter 25% of the amount required to be paid (4-193(b) Penalty for failure to pay tax Any party who fails to pay the tax herein imposed by the city, or fails to file any required tax return to the city, within the time required 15% of the tax, or amount of the tax and interest, due the city CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Adopting the 2021 City of Milton City Council Regular Meeting and Work Session Schedule MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X December 7, 2020 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on November 30, 2020 for the December 7, 2020 City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2021 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2021. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Attachment(s): • Resolution Adopting the 2021 City of Milton City Council Regular Meeting and Work Session Schedule • Council and Work Session Meeting Calendar 2021 • City of Milton 2021 Holiday Schedule Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2021 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular Session on the 7th day of December 2020 at 6:00 pm as follows: SECTION 1. That the schedule for the 2021 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; and SECTION 2. That resolutions in conflict with this Resolution are hereby repealed; and SECTION 3. That this Resolution will become effective January 1, 2021. RESOLVED this 7th day of December 2020. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk J A NU A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U NE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U ST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M BE R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2021 MEETING CALENDAR 2021 Council and Work Session Meeting Calendar Work Session Dates A Work Session is scheduled on dates highlighted: they may be canceled by Council if not needed. Regular Council Meeting Days 2021 Holidays Observed 1/1 New Year’s Day 1/18 Martin Luther King Day 2/15 Presidents Day 5/31 Memorial Day 7/5 Independence Day (Observed) 9/6 Labor Day 11/11 Veteran’s Day 11/25 Thanksgiving 11/26 Day after Thanksgiving 12/24 Christmas Eve 12/27 Christmas (Observed) Mayor’s Day Conference Jan 25 -26 Virtual Fulton County School Spring Break April 5 - 9 GMA Conference June 25 - 28 Savannah, GA CITY OF MILTON 2021 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Friday, January 1, 2021 Martin Luther King, Jr. Day Monday, January 18, 2021 President’s Day Monday, February 15, 2021 Memorial Day Monday, May 31, 2021 Independence Day Monday July 5, 2021 Labor Day Monday, September 6, 2021 Veterans Day Thursday, November 11, 2021 Thanksgiving Day Thursday, November 25, 2021 Day after Thanksgiving Friday, November 26, 2020 Christmas Eve Friday, December 24, 2021 Christmas Day (Observed) Friday, December 27, 2021 Floating Holiday Employee’s Birthday CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of An Amended Emergency Ordinance of the Mayor and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to Provide the Operation of the City of Milton, Georgia During the Public Emergency known as the Novel Coronavirus Disease 2019 Global Pandemic; to Become Effective Upon Adoption by the Council; to Supersede the Existing Emergency Ordinance; and for Other Purposes MEETING DATE: Monday, December 7 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ December 7, 2020 X X X X 1 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN AMENDED EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18 OF THE CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING THE PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS DISEASE 2019 GLOBAL PANDEMIC; TO BECOME E FFECTIVE UPON ADOPTION BY THE COUNCIL; TO SUPERSEDE THE EXISTING EMERGENCY ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS, the Mayor and Council of the City of Milton, Georgia are charged with the protection of the public health, safety, and welfare of the citizens of the City of Milton, Georgia; and WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia empowers the Mayor and City Council to adopt an emergency ordinance to meet a public emergency affecting life, health, property, or public pea ce; and WHEREAS, the novel coronavirus disease 2019 (“COVID-19”) global pandemic is a public emergency affecting and threatening life, health, property, and public peace; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency due to COVID-19; and WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide emergency in Georgia, describing COVID-19, and the corresponding pandemic, as a public health emergency; and WHEREAS, the Governor’s declaration has been repeatedly extended; WHEREAS, the Governor’s declaration of statewide emergency is currently set to expire on January 8, 2021; and 2 WHEREAS, on March 16, 2020, the Mayor and City Council for the City of Milton declared via Emergency Ordinance that an emergency exists in the City of Milton based on COVID-19; and WHEREAS, the City of Milton’s Emergency Ordinance has been renewed on several occasions, with the most recently adopted version of the Ordinance having been extended through and including December 9, 2020; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective December 9, 2020 and extending through January 8, 2021, coterminous with the Governor’s statewide declaration of emergency; WHEREAS, the Mayor and City Council continue to find that a state of local emergency exists in Milton, due to COVID19; WHEREAS, pursuant to the powers conferred by the City of Milton’s various Emergency Ordinances, as well as those powers conferred by Section 18 -25 of the Milton Code, the Mayor has issued various emergency declarations for the purpose of mitigating the impact of COVID -19 on the citizens and businesses of Milton; WHEREAS, the City Council has an interest in extending the declared state of local emergency and further extending certain enumerated Mayoral declarations to run coterminous with the period of declared local emergency ; and, WHEREAS, the City Council also has an interest in providing relief to those businesses negatively affected by COVID-19. NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF MILTON HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the WHEREAS and Preamble sections, above, are hereby incorporated verbatim herein and the factual statements and findings are hereby ratified and affirmed; SECTION 2. That the Declaration of Emergency set forth in the March 20, 2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring a local emergency due to COVID-19, are hereby further renewed and extended from December 9, 2020 until 11:59 p.m. on January 8, 2021; 3 SECTION 3. That Sections 4, 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; SECTION 4. That Section 6 of the March 20, 2020 Emergency Ordinance, and any amendments thereto, are hereby stricken in their entirety; SECTION 5. That the following Mayoral Declarations are hereby extended to run coterminous with the term of this Emergency Ordinance: • March 20, 2020 Declaration – allowing “to go” malt beverage and wine alcohol sales for restaurants having a consumption on the premise license; • March 23, 2020 Declaration – allowing restaurants and retail to place certain additional temporary signage; SECTION 6. That the City of Milton’s Reopening Plan was approved on May 18, 2020 and continues in full force and effect. SECTION 7. That during the term of this Emergency Ordinance City staff are empowered to unilaterally modify those internal City Council rules with respect to how the public may interact with the Council, to ensure that during the term of this Emergency Ordinance, citizens are provided enhanced flexibility on engaging with the Council. By way of example, only, this many mean that citizens may email questions or comments to the Council and those be read into the record – even if the citizen is not in physical attendance at the Council meeting. SECTION 8. This New Emergency Ordinance shall become effective and operational commencing December 9, 2020 and shall expire at 11:59 p.m. on January 8, 2021, and may be reenacted, extended, terminated, or amended upon affirmative action taken at a meeting of the City Council called by the Mayor or two (2) councilmembers of the City Council. 4 SO ORDAINED this 7th day of December 2020 by the Mayor and Council of the City of Milton, Georgia. THE CITY OF MILTON, GEORGIA __________________________________ Joe Lockwood, Mayor Attest: ________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Honoring Jack O’Brien Burke for His Efforts to Cure Neurofibromatosis (NF) MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X Honoring Jack O’Brien Burke for his efforts to cure NF WHEREAS, 1 in about every 3,000 people born have neurofibromatosis (NF), a genetic disorder associated with the growth of tumors on nerves in the brain, on the spinal cord, on skin and other parts of the body; and WHEREAS, this condition, commonly known as NF, can also contribute to blindness, deafness, stunted growth, disabling pain and other symptoms; and WHEREAS, NF affects people of all races, genders, ethnicities and regions – including right here in Milton; and WHEREAS, one of those so diagnosed is Jack O’Brien Burke, a 15-year-old student at Cambridge High School in Milton; and WHEREAS, in addition to battling NF since his early childhood, Jack and his family launched a non-profit, CureNFwithJack, aimed at “accelerating medical research, driving community action and raising funds to end NF”; and WHEREAS, this foundation has raised millions of dollars in the past decade to support this cause, while Jack has been an inspiring public speaker, educator and voice in the community; and WHEREAS, The Children’s Tumor Foundation, at an event headlined by Emmylou Harris and Gavin DeGraw, recently honored Jack with its National Humanitarian Award for CureNFwithJack’s extensive efforts; and WHEREAS, Jack O’Brien Burke – who his mother Beth said “has NF but NF doesn’t have him” is a fighter, a role model and an inspiration for people young and old everywhere, especially in his hometown of Milton. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate and proclaim December 7, 2020 as Jack O’Brien Burke CURE NF Day in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 7th day of December 2020. ________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing City of Milton Employee Appreciation Week MEETING DATE: Monday, December 7, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X December 7, 2020 X X City of Milton Employee Appreciation Week WHEREAS, City employees work tirelessly every day to enhance the quality of life of Milton citizens; and WHEREAS, they are integral parts of the community as reliable, effective and caring public servants; and WHEREAS, City employees provide vital services that help make Milton one of the best places to live anywhere; and WHEREAS, these employees reflect on what’s happened in the past, work intently to ensure things function well in the present, and plan well for Milton’s future; and WHEREAS, their efforts are appreciated greatly by citizens, community leaders, and elected officials; and WHEREAS, City leaders want to formally express their gratitude for employees’ diligent, important and often difficult work over the course of what’s been a historic and challenging year. NOW, THEREFORE, we, as Milton’s Mayor and City Council, hereby proclaim the week of December 7, 2020 as City of Milton Employee Appreciation Week. We urge all who live, work and play here to recognize City employees outstanding contributions on their behalf, especially during this challenging year. Given under my hand and Seal of the City of Milton this 7th day of December, 2020. ________________________________ Mayor Joe Lockwood