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Home My WebLink AboutAgenda Packet - CC - 12/21/20202006 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 21, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Randal Cagle, Boiling Springs Baptist Church , Milton 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. 20-352) 5)PUBLIC COMMENT (General) 6)CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21, 2020 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 1. Approval of an Agreement between the City of Milton and Ten -8 Fire & Safety Equipment of Georgia, LLC for the Purchase of Self-Contained Breathing Apparatus for the Milton Fire Rescue Department. (Agenda Item No. 20-353) (Matt Marietta, Interim Fire Chief) 2. Approval of a Professional Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC to Provide Tree Installation at the Milton Public Safety Complex. (Agenda Item No. 20-354) (Robert Buscemi, Interim Community Development Director) 3. Approval of an Agreement between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” 2021 Dates. (Agenda Item No. 20-355) (Sarah LaDart, Economic Development Manager) 4. Approval of an Extension of Intergovernmental Agreement between the City of Milton and the City of Alpharetta Regarding Shared Municipal Court Clerk Services. (Agenda Item No. 20-356) (Stacey Inglis, Assistant City Manager) 5. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Milton Pointe LL 1171 & 1206 Dist. 2 Sect. 2 1245 Broadwell Road Minor Plat One Commercial Building and one Mixed Use Building 2.87 Acres NA 2. Joshua Smith LL 189 Dist. 2 Sect. 1 2255 Mountain Road Minor Plat Subdivided into Two Tracts 12.729 Acres 0.157 lots / Acre (Agenda Item No. 20-357) (Tracie Wildes, Land Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21, 2020 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 7) REPORTS AND PRESENTATIONS (None) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. 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) (First Presentation at December 7, 2020 City Council Meeting) (Brooke Lappin, Municipal Court Clerk) 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) (First Presentation at December 7, 2020 City Council Meeting) (Sarah LaDart, Economic Development Manager) 12) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Declaring Crown Castle in Violation of State Law by not Paying the City Due Compensation for Use of City Rights of Way. (Agenda Item No. 20-358) (Stacey Inglis, Assistant City Manager) 13) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 21, 2020 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. STAFF REPORTS Department Updates 1.Community Development 2.Human Resources 3.Information Services 14)EXECUTIVE SESSION (if needed) 15)ADJOURNMENT (Agenda Item No. 20-359) CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Ten-8 Fire & Safety Equipment of Georgia for the Purchase of Self-Contained Breathing Apparatus for the Milton Fire Rescue Department MEETING DATE: Monday, December 21, 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 21, 2020 To: Honorable Mayor and City Council Members From: Matt Marietta, Interim Fire Chief Date: Submitted on December 8, 2020 for the December 21, 2020 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Ten-8 Fire & Safety Equipment of Georgia for the Purchase of Self- Contained Breathing Apparatus for the Milton Fire Rescue Department _____________________________________________________________________________________ Project Description: The Fire Rescue department acquired the bulk of its self-contained breathing apparatus (SCBAs) in 2007 and 2008 when the department first deployed. The units currently in use are built to the 2002 National Fire Protection Association standard and do not have many of the safety and health features in more current units. Additionally, the current SCBAs are reaching the end of their useful life and cannot be recertified without a major overhaul of the antiquated equipment. Over the past several months, a committee from Milton Fire Rescue has evaluated several different manufacturers for this critical piece of safety gear. The committee has chosen to purchase MSA air packs, which have several ergonomic, safety, and health enhancements on them over both the current expiring units as well as their current competitors. They also meet the current NFPA standards. The department has worked with purchasing and will make the purchase through Ten-8 based on a piggyback contract (on file in the Procurement office). This agenda item is requesting the support for this planed capital purchase of the critical piece of equipment that allows our firefighters to breath in an environment that is immediately dangerous to life and health, such as a burning building. Procurement Summary: Purchasing method used: Piggyback Contract: (competitively bid by League of Oregon Cities – contract on file in Procurement office) Account Number: 300-3510-542507103 Requisition Total: $275,367.02 Vendor: Ten-8 Fire & Safety Equipment of Georgia, LLC Financial Review: Bernadette Harvill, December 14, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP – December 11, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Purchase Agreement HOME OF F ESTABLISHED 2006 PURCHASE AGREEMENT This 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, GA 30004 (hereinafter referred to as the "City"), and Ten -8 Fire & Safety Equipment of Georgia, LLC, a Georgia limited liability company, having its principle place of business in Georgia at 1591 Collier Road, Forsyth, Georgia 31029 (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Milton Fire Department seeks to purchase certain Fire Fighter Self -Contained Breathing Apparatus (SCBA), as further described herein; and WHEREAS, Contractor has represented that it is capable of meeting the City's specifications and desires to supply the apparatus under the terms and conditions provided in this Agreement; and WHEREAS, Section 2-626(a)(2) of the City's Purchasing Policy states that the City may "piggyback" on other city contracts if the vendor will extend the same prices, terms, and conditions to the City, and provided competition was used by the other city to secure the contract within the past twelve months; WHEREAS, Contractor agrees to extend pricing and terms to the City by piggybacking off the recent competitively bid solicitation and awarded contract by the League of Oregon Cities; 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 Purchase Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" —Scope of Work 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. Supply of Goods. Contractor agrees to sell MSA G-1 self-contained breathing apparatus (SCBA) all equipped with integrated Thermal Imaging Cameras, air packs with quick connect, and custom fitted face pieces with an initial (first-year) fit testing and fit -test training (collectively, the "Goods") in compliance with the requirements set forth in Exhibit "A" and the following terms and conditions: A. Quantijy. The Contractor shall supply the Goods in the types and quantities specified in Exhibit "A". B. Timing. The Contractor shall deliver the Goods on or before 60 days after receipt of purchase order. C. Warranty. In addition to any other warranties, Contractor warrants that any Goods supplied to City are of merchantable quality, free from defect, and conform to all specifications set out Exhibit "A". To the extent possible, Contractor will make available all warranties from third party manufacturers of products not manufactured by Contractor. D. Shipping and Delivery. Unless otherwise specified by the City, the invoicing and shipping addresses for the Goods will be as stated in Exhibit "A." The Goods shall be delivered F.O.B. City's specified facility. Packaging and packing of Goods shall insure safe arrival at their destination and the Contractor shall bear risk of loss or damage to Goods from shipment. Section 3. Contract Term; Termination. The term of this Agreement ("Term") shall commence as of the Effective Date and shall terminate on December 31, 2025, provided that certain obligations shall survive termination. As required by O.C.G.A. § 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of City on December 31 of each subsequent year and shall automatically renew on January 1 of each subsequent year with all provisions continuing in force, absent provision of written notice of non -renewal by either party at least thirty (30) days prior to the end of the then current calendar year. City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to City for Contractor's breach of this Agreement, Contractor shall be entitled to payment for Goods provided to date. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by City Section 4. Additional Orders and Agreement Changes. Any changes to the Agreement or additional orders of Goods or related services shall require a written change order executed by the City in accordance with its purchasing regulations. No claim for additional compensation or extension of time shall be recognized unless contained in a written change order duly executed on behalf of the City and the Contractor. Section 5. Compensation and Method of Payment. The amount paid as compensation for any Order shall be calculated based on the number of units ordered at the per-unit prices set forth in Exhibit "A", with no additional charge for shipping (Contractor's freight charges are included in the price). The prices set forth in Exhibit "A" shall be valid through December 31, 2020. For future orders of Goods (if any), starting on January 1, 2021 and each year thereafter, a 5% annual increase will be applied to the prices, provided the Contractor notifies the City in writing as least thirty (30) days prior to any increase in price starting in 2022 and later. Section 6. Covenants of Contractor. A. RESERVED B. Assignment of Agreement. Contractor 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. C. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Goods provided in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Goods provided pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, contractors, 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 Goods, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. 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. D. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to provide the Goods as an independent contractor and not as the agent or employee of City. E. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance 2 of the types and amounts described below, as evidenced by a certificate of insurance shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall ensure that it and any subcontractors are covered by commercially reasonable insurance policies. 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, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's work and that the City and its officials, employees or agents are named as additional insureds. Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage, and shall require the same notice to the City in all subcontractor contracts. F. 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) Contractor 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 Contractor'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) Contractor 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Contractor 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor 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 Contractor/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, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor'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. Contractor agrees that the employee -number category designated below is applicable to Contractor. _ 500 or more employees. _X• 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor 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, Contractor 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. G. Ethics Code; Conflict of Interest. Contractor 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. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in providing the Goods. Contractor 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. Contractor 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 -Contractor 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. H. Title. Contractor shall execute and deliver a bill of sale or such other instruments of transfer, conveyance, and assignment, and will take such other actions as City may reasonably request, to effectively transfer, convey, and assign to and vest in City, clear title to all or any portion of the Goods. I. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. J. 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor 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 Contractor submits to the jurisdiction and venue of such court. Contractor 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 Parry at the address first given above or at a substitute address previously furnished to the other Parry 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 4 immunities. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with this Agreement. 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 Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Ten -8 Fire & Safety Equipment of Georgia, LLC Signature: Print Name: Cindy Morgan Title: Member/Manager VP of Equipment and Rescue Sales Attest/Witness: Signature: Print Name: Ll Title: CFf t C, e CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: - City Attorney [CITY SEAL] n EXHIBIT "A" Product Overview: MSA G-1, self-contained breathing apparatus (SCBA) all equipped with integrated Thermal Imaging Camera's (iT.I.C.). MSA G-1 provides comfort, ease of use with swiveling, adjustable lumbar pad that manages SCBA weight, for improved comfort and balance. Seamless Bluetooth radio connectivity, and simplicity. Two (2) 45 -minute air bottles per air pack, with quick connect. Rechargeable single source powers the entire SCBA, rapid charging with smart charger battery and charging station. Custom fitted face piece, for every member of the Department. As well as the MSA HUB, which is the wireless gateway to the cloud and enables wireless on -scene data for local and remote monitoring. Adapter for yearly fit testing, which allows the Fire Department to utilize their current fit tester. Specifications: CATEGORY 1: OPEN-CICUIT SELF-CONTAINED (SCBA) AND/OR CLOSED- CIRCUIT SCBA SYSTEMS: SCBA shall be certified by the National Institute for Occupational Safety and Health (NIOSH) under current Title 42, part 84 of the Code of Regulations for 30-, 45-, or 60 -minute rated service life and for storage. SCBA shall be compliant with all current related performance requirements of the NFPA. SCBA shall include primary audible alarms, and secondary (redundant) alarms. All electronic components shall be certified as intrinsically safe per Underwriters Laboratories (UL) 913. CATEGORY 2: FACEPIECES: Shall be constructed to: fit various facial shapes and sizes; contain a replaceable, non -shatter -type, polycarbonate (or equal) to provide a satisfactory field of vision; allow air to enter the facepiece in a manner that shall reduce the possibility of moisture accumulation on the lens; employ an adjustable strap headband assembly; contain an easily removable exhalation module; removable speaking diaphragm; have field -replaceable components throughout; removable nose cup; and a removable adapter onto which the second stage regulator attaches. CATEGORY 3: REGULATOR SYSTEM, INTERMEDIATE PRESSURE HOSE, RAPID INTERVENTION CREW/COMPANY UNIVERSAL AIR CONNECTION (RIC UAC): Shall be designed to operate in two independent stages: first stage shall be mounted directly on the cylinder valve; second stage shall be designed to provide positive pressure during an NFPA breathing machine test at a minimum of 70 -psi inlet pressure. Regulator system shall be constructed to contain a pressure -reducing valve to reduce pressure from the cylinder; contain an over -pressurization relief valve; provide uniform flow performance throughout the full cylinder pressure range; include a metal inlet filter to retain particles of 30 microns or greater; and incorporate a RIC UAC. CATEGORY 4: CYLINDERS: Shall pass all United States Department of Transportation (USDOT) testing requirements for cylinder volume, weight, construction materials, and maximum pressures. Cylinder valve shall include gauges, handwheel with safety locking collar device, and conform to the Compressed Gas Association (CGA) standard for thread connection for low and high pressure. IN SERVICE TO SERVE YOU Ten -8 Fire & Safety Equip of GA 1591 Collier Road Forsyth, GA 31029 Phone: 1-478-994-3235 Fax :1-478-994-6458 Sell To: MILTON FIRE DEPARTMENT 750 HICKORY FLAT ROAD MILTON, GA 30004 Sales Quote Number: Sales Quote Date: Customer ID SalesPerson Email : Ten -8 Contact Email: Sales Quote Page: 1 SQ12981 11/23/2020 MILTON VAN ROBERTS vroberts@ten8fire.com KHANH HUYNH khuynh@ten8fire.com Ship To: MILTON FIRE DEPARTMENT 750 HICKORY FLAT ROAD MILTON, GA 30004 Payment Terms: Item No. Due Upon Receipt Of Product Or Service Description Unit Ship Via: Quantity STANDARD DELIVERY Selling Pric Total Price MSA-MSA-GlFS444MDCOLGR G1 SCBA CONFIGURE: EACH 30 6,003.13 180,093.90 HP, QC, iTIC LIST $9,605.00 LESS 25% = $7,203.75 Ea. MSA -10156459 G1 FACE PIECE MED, W/4PT HARNESS, LESS NECK EACH 75 276.90 20,767.50 STRAP LIST $443.04 LESS 15% = $376.58 Ea. MSA -10156468 3 -FT QUICK FILL HOSE IN POUCH EACH 8 638.29 5,106.32 LIST $864.15 LESS 15% = $734.53 Ea. MSA -10175708 -USED USED CYL, G1 LP RC, 4500 PSIG, 45MINS W/QC, EACH 76 700.00 53,200.00 (HILLSBOROUGH) MFG DATE 03/2020 LIST $1,654.64 LESS 15% = $1406.44 Ea. MSA -10148741 -SP SPARE BATTERY PACK G1 RECHARGEABLE EACH 20 300.37 6,007.40 LIST $406.66 LESS 15% = $ 345.66 ea. MSA -10158385 KIT, CHARGING STATION G1 EACH 5 581.68 2,908.40 LIST $787.50 LESS 15% = $669.38 Ea. MSA -10197700 MSA HUB FIRESERVICE US EACH 1 3,323.86 3,323.86 LIST LIST $4,500.00 LESS 15% = $3,825.00 Ea. MSA -10158407 FOB WRITER/READER EACH 1 556.86 556.86 LIST $753.90 LESS 15% = $640.82 MSA -10083875 M7 ID TAG EACH 30 34.93 1,047.90 LIST $47.29 LESS 15% = $40.20 MSA -10162403 Adapter Assy, QC to 1/4 NPT F, 5000 psig EACH 5 388.78 1,943.90 LIST $526.35 LESS 15% = $447.40 Ea. SCB-SCV-10457 1/4MNPT X CGA347 EACH 5 16.58 82.90 LIST $19.50 LESS 15% = $ 16.58 Ea. MSA -10144231 -SP Kit, Filter Adapter Assy, G1 Facepiece FOR TIS MASK EACH 1 67.59 67.59 FIT TEST T8 IN SERVICE TO SERVE YOU Ten -8 Fire & Safety Equip of GA 1591 Collier Road Forsyth, GA 31029 Phone: 1-478-994-3235 Fax :1-478-994-6458 Sell To: MILTON FIRE DEPARTMENT 750 HICKORY FLAT ROAD MILTON, GA 30004 Sales Quote Number: Sales Quote Date: Customer ID SalesPerson Email: Ten -8 Contact Email: Sales Quote Page: 2 SQ12981 11/23/2020 MILTON VAN ROBERTS vroberts@ten8fire.com KHANH HUYNH khuynh@ten8fire.com Ship To: MILTON FIRE DEPARTMENT 750 HICKORY FLAT ROAD MILTON, GA 30004 Payment Terms: Due Upon Receipt Of Product Or Service Item No. Description Unit Ship Via: STANDARD DELIVERY Quantity Selling Pric Total Price LIST $126.56 LESS 15% = $ 107.58 Ea. MSA -496081 CART.SNGL PORTSTD, P100, PKG/6 FOR TIS MASK FIT EACH 1 122.39 122.39 TEST LIST $165.70 LESS 15% = $140.85 MSA -805078 VALVE ASSY QUIK CHEK ULEL FOR TIS MASK FIT TEST EACH 1 138.10 138.10 LIST $172.63 LESS 15% = $146.74 FRT INCL FREIGHT CHARGES INCLUDED EACH 1 Priced per NPPGov contract PS2015 Amount Subject to Sales Tax 0 Subtotal: 275367.02 Amount Exempt from Sales Tax 275,367.02 Invoice Discount: 0.00 Total Sales Tax: 0.00 Total: 275,367.02 This Quote is valid until 12/23/20 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at www.ten8fire.com/returns. EXHIBIT `B" COMMERCIAL GENERAL LIABILITY INSURANCE Certification of insurance coverage will be enclosed. TPNRR-4 nO Irl• CP - r '4coRo CERTIFICATE OF LIABILITY INSURANCE `� DATE(MMIDDrYYYY) 1 12/10/2020 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(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). PRODUCER 941-484-0681 Gifford -Heiden Ins Inc 111 E Venice Avenue CONTACT Russ Gifford PHONE 941.484-0681 FAX 941-485-3835 AIC, No, Ext): arc, No): EMAIL ESSI Venice, FL 34285' Nicole T Gifford X 2091595545 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Valley Forge Insurance Co 20508 EACH OCCURRENCE $ 1,000,000 INSURED Ten -8 Fire Equipment Inc Ten -8 Fire and Safety Equipment of Georgia INSURER B: National Fire Ins CO 20478 -INSURER C: Continental Casual Co 20443 INSURER D: 2904 59th Ave Dr E Bradenton, FL 34203 INSURER E: INSURER F : X XCU Included rr1VFRAf.FC rFRTIFIrATF NIIMRFR• RFVICIr1N NI IMRFR- 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. INSR TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X 2091595545 07/30/2020 07/30/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 PR M e occurrence $ MED EXP (Anyoneperson) $ 15,000 X Contract Liab X XCU Included PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X] JEOT F—]LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COM P/OPAGG $ 2,000,000 Emp Ben. $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY COBINED SINGLE LIMIT 1,000,000 a Maccid nt $ BODILY INJURY Per erson $ ANYAUTO X X 2071988532 07/30/2020 07/30/2021 OWNED SCHEDULED AUTOS ONLY AUTOS 1XX BODILY INJURY Per accident $ Perr acatlenDAMAGE$PIP AUOTNOS ONLYD AUTOS ONLY 1XX $ $10000 Gar Liab C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE X X 2048055914 07/30/2020 07/30/2021 DED I X I RETENTION $ 10000 A wORKERSCOMPENSATION AND EMPLOYERS'LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN D? N OFFICER/MEMBER EXCLUDEN (Mandatory in NH) N I A X 2067574121 01/01/2020 01/01/2021 X PER OTH- TA T ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Garage Liab X X 2071988532 07/30/2020 07/30/2021 OCC/AGG 1m B GKLL Phy Dmg 2071988532 07/30/2020 07/30/2021 GKLL 1,600,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Honor.Motes@cityofmiltonga.us Owner as an additional insured when required by written contract on all polices except Work Comp. Waiver of Subrogation in favor of the additional insured on all policies. 30 day notice of cancellation/10 days for nonpayment CFRTIFICATF HOI nFR CANCELLATION MILT001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Milton City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk Milton, GA 30004 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12/15 20 Bradenton FL Florida Manatee "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC to Provide Tree Installation at the Milton Public Safety Complex MEETING DATE: Monday, December 21, 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 21, 2020 X X X To: Honorable Mayor and City Council Members From: Robert Buscemi, R.A. – Interim Community Development Director Date: Submitted on December 14, 2020 for the December 21, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Property Masters Commercial Landscaping, LLC to Provide Tree Installation at the Milton Public Safety Complex Department Recommendation: Approval Executive Summary: This agreement will provide for specified types and number of trees and hardgoods and the installation of such at the Milton Public Safety Complex. All newly installed material shall be covered by a one-time, twelve-month replacement warranty. Procurement Summary: Purchasing method used: Professional Services Account Number: 300-7410-541200001 Requisition Total: $45,091.75 Vendor DBA: Property Masters Commercial Landscaping, LLC Financial Review: Bernadette Harvill, December 15, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, December 9, 2020 Concurrent Review: Steve Krokoff Attachment(s): Professional Services Agreement HOME OF ' MILTON't' 11MLINIED 2006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM Tree Installation at Milton Public Safety Complex This Professional Services Agreement ("Agreement") is made and entered into this day of 520 (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 Property Masters Commercial Landscaping, LLC, a Georgia limited liability company, having its principal place of business at 1460 Woodstock Road, Roswell, Georgia 30075 (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a Contractor to provide services in the completion of a Project (defined below); and WHEREAS, Contractor 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 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 specified types and numbers of trees and hardgoods and the installation of such at the Milton Fire Stations and Public Safety Complex (the "Project"). All newly installed material shall be covered by a one-time, twelve-month replacement warranty, which does not cover vandalism or acts of God and is contingent upon proper maintenance being provided by the City. 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. Contractor 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. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within forty-five (45) calendar days of the start date specified in the "Notice to Proceed". City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. As such, the parties acknowledge that this is not intended to be a "multi-year" contract under O.C.G.A. § 36-60-13(a). Provided that no damages are due to City for Contractor's breach of this Agreement, City shall pay Contractor for Work performed to date in accordance with Section 5 herein. 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 $45,091.75 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee and Contractor represents that the Contract Price is sufficient to perform all Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractors profession and industry, Contractor will give written notice immediately to City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and reimbursement for costs incurred shall be paid to Contractor 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 at the conclusion of the Work. Section 6. Covenants of Contractor. A. Licenses, Certification and Permits. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor 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. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Contractor; City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor 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 Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Ryan Evans [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Contractor 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. Contractor 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 Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor 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. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, 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 2 or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor 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. Contractor 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. Contractor 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 Contractors, 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 Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Contractor 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Contractor 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Contractor 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. Contractor 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, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor'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) Contractor 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 Contractor'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) Contractor 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. Contractor 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, Contractor 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor 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 Contractor/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, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Contractor and Contractor'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. Contractor agrees that the employee -number category designated below is applicable to Contractor. [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. X Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor 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, Contractor 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. Contractor 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. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Contractor 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. Contractor 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 -Contractor 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. K. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor 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 Contractor ("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 Contractor 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, Contractor agrees that, during performance of this Agreement, Contractor, 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, Contractor 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. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Contractor 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 Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict - 4 of -interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor's employees, or the Contractor'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 Contractor 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 Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor 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: (l) 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. Contractor 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 Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Sarah Schullstrom Pre-Construction Manager EXHIBIT "A" +ter r+� (Property Masters \ � COMMERCIAL LANDSCAPING Atlanta I 14011 Woodstock Road, Rosa en, GA 300 a Proposal to Protide Services for Milton Public Safety 2006 Heritage Walk Milton, GA 30004 09.29.2020 Qry Botaracal conumn Size unit cost Ext. C—t Trees 6 Ilex opaca American Holy 6'HT 5 410.00 5 2,460.00 3 La IStroemw uxirca blLlskO Cm N1vrtle 6' HT S 365.00 $ 1,095.00 9 Quercm phellos willow Oak 4" cal S 520.00 S 4,680.00 Acer ntbnun Reel -Xla le 4" cal $ 705.00 S 4,935.00 10 ricer buermatumn Trident Maple 4" cal S 755.00 5 7,550.00 10 Platanus x acerifolia London Planetree 4" cal S 595.00 S 5,950.00 13 Ulnnu antericaria'Princeton' Pruiceton Elm 4" cal $ 755.00 $ 9,815.0L0 7 Cercis renifonis'Oklahoma' n Oklahoma Redbud 4" cal S 650.00 S 4.550.00 28 Ilex x attenuati'Fosteu' Fosters Ho - Gal 5 65.00 S 1,S20.00 1 E to ment Lull Rental To muiunize emstaie Plantingclatnage S 1,668.00 $ 1,668.00 Trees Subtotal: —$ 44, 23.0 0 1 Landscape Total : $ 45,091.75 All newly installed material shall be covered by a one-time, twelve month replacement warranty, which does not cover vandalism or acts of God and is contingent upon proper maintenance being provided by the owner. Property Masters Commercial Landscaping provides maintenance, ask about our maintenance program for your project. The attached Milton PSC Tree Protection and Planting Plan further describes the details of the Work to be provided. This proposal is inclusive of materials, labor and equipment necessary to perform the work according to the enclosed scope outlined in our proposal and the above referenced bid documents. The following conditions further clarify the Landscape Scope of Work: Grading for landscape areas in excess of +/- 1/10th of a foot of FINISH GRADE, is excluded from our pricing for all areas. Subgrade is to be provided by others can be priced at the Owners request.t +/- 1 /10th Additional grading Machine access to all areas of the site is required. Hoisting is to be provided by others. We require access to the site prior to the completion of pavement, curbing, or other improvements that might restrict equipment access for trenching, pipe sleeving, conduits, and specimen tree installation. We require a staging area for our work. Traffic or Pedestrian control, construction / security fencing is not included, unless otherwise noted as a line item in the enclosed proposal. This proposal excludes construction debris removal and removal of rocks greater than one (1) foot square. If large rock (s) is encountered during installation, a proposal for removal/demolition will need to be approved before work continues. Removal of underground rock or impervious material in the landscape areas will be disposed of on site. This proposal excludes the relocation of existing utilities. All areas will be marked by underground locating service. All private utilities not covered by the Utilities Protection Agency are the sole responsibility of the Owner to have clearly marked. Landscape construction has seasonal limitations and our pricing is based on the performance of the work within the proper planting season. If summer digging is required, additional cost will be necessary. Plant material pricing is based on the caliper or container size specified. Some plants may not meet the height /spread requirements shown on the plant legend if they exceed American Standards for Nursery Stock. We have included spot-checking of plant pits for proper drainage. However, if drainage problems exist and water is retained for extended periods, we will bring this condition to the Landscape Architects and Owners attention. Quantities are based on our verified take-off not the plant schedule. Interim maintenance of the plant material has been included during the installation of the project. The Owner Shall supply water. Maintenance past substantial completion can be priced if requested. Tree protection fence, tree removal, clearing and grubbing of existing tree save areas, and erosion control measures are not included in this proposal. Maintenance services will be priced separately, upon request. The removal or eradication of existing temporary erosion control measures is excluded. Pricing can be provided if requested. Temporary grassing is not included. Germination of seed or establishment of sod installation cannot be guaranteed in areas without 100% coverage by an automated irrigation system. Our planting soil mix consists of amending the native soil into the backfill and planting soil mixes along with organic amendments, as per specifications. This proposal excludes imported topsoil, unless specifically noted as a line item in the bid. This proposal includes; Staking trees to afford maximum security in growth, pruning, as needed, and initial watering of all plant material and sod at the time of installation. Trees are priced to caliper inch or height according to American Standards for Nursery Stock. All trees less than 4" in caliper will be measured at a height of 6" from ground level. Measurement for trees greater than 4" in caliper will be measured at a height of 12" from ground level Evergreens and conifers will be priced to height specifications. ;� p{pfSS pipa P Y 4 fi ✓i;3 YP b� S a j y 4 6 �33g l2= 2:¢Ys'�26ftaga Y,a ¢O�t4if as �,I if Bx22Z 9iF Td 93 tat 2b7 i�66P 4iagg f ffF[I�! � $13Y &�. � F %fFfSPS4F i 1".'.e4o s t��iaii � 7.'s Tig" to l T � ata Uf m WZ 0 m N G , WVU' � F 'Iil.7.i8 d 0 �� IS g�o� �si�i• to r� y. 2fYCS 1 z Y -- f° Ty�f yc4 El�Yj<i +tb sa111 ---------- } i 1 1 1 i G , EXHIBIT "B" PROPMAS-01 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/7/2020 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(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). CONTACT PRODUCER NAME: Tanner, Ballew and Maloof, Inc. PHONE252-8860 FAX (AIC, No, Ext): (404 ) (AIC, No):(404) 252-8834 5871 Glenridge Dr E-MAIL Suite 400 ADDRESS: Atlanta, GA 30328 INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: Graphic Arts Mutual Insurance Company 25984 INSURED INSURER B: Technology Insurance Company 42376 Property Masters Commercial Landscaping, LLC INSURER C : 1460 Woodstock Road INSURER D: Roswell, GA 30075 INSURER E INSURER F : UL1VtKAUI=b VCR I IF KIM -------- 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. AUTHORIZED REPRESENTATIVE ADDL S U B R POLICY EFF POLICY EXP INTR TYPE OF INSURANCE IN D WVD POLICY NUMBER MMIDDIYYYV MMIDD/YYYY LIMITS 1'000'000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $To CLAIMS -MADE X OCCUR X X CPP 2819281 9/30/2020 9/30/2021 DAMAGES( RENTED PREMISES R occurrence) $ 300,000 X Deductible: $0 MED EXP (Any one person) $ 10'000 1'000'000 PERSONAL & ADV INJURY $ 2'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21000,000 X POLICY X PRO- LOC JECT PRODUCTS - COMP/OP AGG $ $ OTHER: INGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY Ea accideCONnt) $ X ANY AUTO X X CA 2819283 9/30/2020 9/30/2021 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident), $ HIRED NON -OWNED PROPERTY DAMAGE (Per accident) $ AUTOS ONLY AUTOS ONLY X Comp Ded: $1,000 X Coll Ded: $1,000 $ 5'000'000 A X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE X X CUP 2819284 9/30/2020 9/30/2021 AGGREGATE $ 5'000'000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION X PER STATUTE EERH AND EMPLOYERS' LIABILITY Y I N TWC3918120 9/30/2020 9/30/2021 X $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? N NA E.L. EACH ACCIDENT 1,000,000 OFFICER/MEMBER (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Tree Installation at Milton Public Safety Complex r^ U ^CI 1 ATIA\I ACORD 25 (2016/03) © 1988-2015 ACOKU GUKNUKA I Il AU rlgnis reserves. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk Alpharetta, GA 30004 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACOKU GUKNUKA I Il AU rlgnis reserves. The ACORD name and logo are registered marks of ACORD STATE OF Georgia COUNTY OF Fulton EXHIBIT "C" 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: 269039 Federal Work Authorization User Identification Number 10/29/09 Date of Authorization Property Masters Commercial Landscaping, LLC Name of Contractor Tree Installation — Milton Public Safety Complex 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 Dec 11 , 20 20 in Roswell (city), GA (state). Signature of Authorized Officer or Agent Dara Summers, Chief Operating Officer Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE L_ DAY OF fl�ye�.•�btr , 20 J NOTARY P BLIC [NOTARY SEAL] My Commission Expires: NA CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” 2021 Dates MEETING DATE: Monday, December 21, 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 21, 2020 X X X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on December 14, 2020 for Consent Agenda on the December 21, 2020 Regular City Council Meeting Agenda Item: Approval of a Contract between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” 2021 Dates. _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: In partnership with Market District, Crabapple Market, and JLM Management, we hope to have “Meet Me In Milton” activations on The Green the third Saturday of the month April – October 2021. The event will formally be from 4pm to 8pm and range from car shows to corn hole tournaments. There is no fee associated with the rental agreement. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis – December 11, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 2021MMiM Crabapple Green Use Agreement THE GREEN TEMPORARY LICENSE AGREEMENT by and This TEMPORARY LICENSE between CRABAPPLE GREEN, AGREEMENT ("License") LLC ("Licensor"), made this and THE CITY OF day MILTON of , 211_3 ("Licensee"), c. WITNESSETH: WHEREAS, Licensor is the owner of the triangular lawn area bordered by Heritage Walk to the north, Lecoma Trace to the east and Wishart Walk to the south, which is more particularly depicted on Exhibit "A" and commonly known as The Green (the "Property"); and WHEREAS, Licensee desires to enter upon the Property and use [he "License Area" (as hereinafter defined) on the Property, and Licensor is willing to grant Licensee a temporary and limited license to use said License Area, upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the covenants hereinafter set forth, and other good and valuable consideration from each of the parties to the other, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: 1. LICENSE AREA: Licensor hereby grants to Licensee, and Licensee hereby accepts, a revocable (upon Licensee default), nontransferable and exclusive limited license to use the License Area, subject to the terms, conditions, covenants and agreements hereinafter set forth. Licensor's grant hereunder shall in no way operate to confer upon Licensee any other interest, status, or estate of any kind other than a limited license. The "License Area" shall mean the area reflected on Exhibit "A". Licensor shall not be obligated to provide Licensee any other services in connection with Licensee's use of the License Area, including enforcing the exclusivity of this License. Licensor agrees to not enter into an agreement with any other party allowing the use of the License Area during each of the License terms shown in Section 2. 2. LICENSES CREATED: This Agreement creates multiple short-term licenses, each of which shall conmmence at 12 P.M. on THE DAY BEFORE THE EVENT (specified below) and shall terminate at 12 P.M. on THE DAY FOLLOWING THE EVENT. Upon the expiration or sooner termination of cacti short -tern license, Licensee covenants and agrees to vacate and surrender the License Area to Licensor in the same condition and repair as exists at the commencement of the license term. a. SATURDAY, APRIL 17 b. SATURDAY, MAY 15 c. SATURDAY. JUNE 19 d. SATURDAY, JULY 17 e. SATURDAY, AUGUST 21 f. SATURDAY, SEPTEMBER TBD g. SATURDAY, OCTOBER TBD To the maximum extent permitted by law, Licensee and Licensor hereby authorize their representatives (the City of Milton Economic Development Manager for Licensee, and Ruth Slater for Licensor) to coordinate and to bind tlie parties to more specific dates for events designated as "TBD" above. The parties agree and acknowledge that written confirmation of the date between the representatives (including by email) shall be sufficient to specify these missing terms. 3. CONDITION OF LICENSE AREA: Licensee hereby accepts the License Area in its "as is" condition, with all faults, and acknowledges [hat Licensor shall not be required to perform any additions, alterations, or improvements in or to the License Area. Licensee shall keep the License Area clean and free fton debris, garbage, refuse and hash at all times. Licensee acknowledges that Licensor has made no representations or warranties respecting the condition of the License Area or the Property, and that Licensee has inspected and is thoroughly familiar with the current condition of the License Area, 4. USE OF LICENSE AREA: (a) Licensee shall use the License Area solely for "MEET ME IN MILTON" (tire "Permitted Use"), and for no other purpose whatsoever. Licensee shall, at Licensee's sole expense, properly and promptly comply with and execute all laws, ordinances, rules, regulations and requirements, as the same now exist or as they may hereafter be enacted, amended or promulgated, of or by any Federal, state, county or municipal authority, and/or any deparhnent or agency thereof, or any similar organization, relating to Licensee's normal and customary operations and activities, Licensee's vehicles, the License Area and/or the use of any one of them. Licensee shall comply with the Rules and Regulations attached as Exhibit "C". the sole risk of Licensee, it being understood and agreed that, with the exception of damage caused by Licensor intentionally or with gross negligence, Licensor shall not be held in anyway responsible to Licensee (or persons claiming by, through, or under Licensee) for injury, loss or damage to such items, or to any personal property left therein or thereabout, whether by reason of fire, water, theft, collision, vandalism or any other cause whatsoever; nor shall Licensor incur any liability on account of inaccessibility or disrepair of the License Area due directly or indirectly to inclement weather, accidents or other reasons beyond Licensee's control, nor for any properly damage or any personal injury whatsoever occurring in, on or about the Property (including, but not limited to, the driveways, License Area and common areas of the Property), or the means of ingress thereto or egress therefrom. (c) Licensee agrees that upon the expiration of this License, Licensee shall remove all of its goods and effects from the License Area, repair any damage caused by its use and such removal and peaceably yield up the License Area in clean condition and in as good order and repair as existed on the commencement of Licensee's use, reasonable wear and tear accepted. Any personal property ofLicensee,orLicensee's invitees, not removed before the expiration of each license term may, at Licensor's sole option be stored at Licensee's expense or deemed abandoned and retained or disposed of by Licensor in whatever manner or fashion Licensor deems appropriate. 5. INSURANCE, LIABILITY, AND INDEMNITY; (b) To the fullest extent permitted by applicable law, Licensor shall not be liable to Licensee, its employees, agent, cmuractors, invitees, or any other persons for any claims, damages or injuries resulting from any bodily injury or death or loss or damage to property, whether or not due to the acts or omissions of Licensor or any other person or entity, in, or about the Property (including, but not limited to, the driveways and License Area), the parties intending insurance to assume all such risks. Licensee agrees to and does hereby defend, indemnify and hold Licensor harmless fi-onn and against any and all actions, claims, costs, damages, expenses, fees, judgments, liabilities or suits arising from or out of, or in connection with, (i) acts or omissions of Licensee or Licensee's agents, contractors, emnployees, invitees or others for whom Licensee is responsible (collectively, "Licensee's Agents"), in, on or about the Property, (ii) the condition of the Property (including but not limited to, the Driveways and License Area) and/or any damage, death or injury to person or property in, on or about the Property, and/or (iii) any breach of the terns of this License by Licensee or Licensee's Agents. The foregoing indemnity shall be deemed to survive the expiration or sooner termination of this License. (c) Notwithstanding any provision hereof to the contrary , Licensee shall look solely to the estate and property of Licensor in and to the Property in the event of any claim or judgment against Licensor arising out of or in cmmectiOn with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area. Licensee agrees that the liability of Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area, shall be limited to such estate -2- (a) Licensee shall satisfy and comply with the insummce requnements set forth on Exhibit "B" during [he term of each license and the use of the Licensee Area. If Licensee utilizes any third (3N) party vendor, such third (3`a) panty vendor shall satisfy the Exhibit "B" requirements. (b) To the fullest extent permitted by applicable law, Licensor shall not be liable to Licensee, its employees, agent, cmuractors, invitees, or any other persons for any claims, damages or injuries resulting from any bodily injury or death or loss or damage to property, whether or not due to the acts or omissions of Licensor or any other person or entity, in, or about the Property (including, but not limited to, the driveways and License Area), the parties intending insurance to assume all such risks. Licensee agrees to and does hereby defend, indemnify and hold Licensor harmless fi-onn and against any and all actions, claims, costs, damages, expenses, fees, judgments, liabilities or suits arising from or out of, or in connection with, (i) acts or omissions of Licensee or Licensee's agents, contractors, emnployees, invitees or others for whom Licensee is responsible (collectively, "Licensee's Agents"), in, on or about the Property, (ii) the condition of the Property (including but not limited to, the Driveways and License Area) and/or any damage, death or injury to person or property in, on or about the Property, and/or (iii) any breach of the terns of this License by Licensee or Licensee's Agents. The foregoing indemnity shall be deemed to survive the expiration or sooner termination of this License. (c) Notwithstanding any provision hereof to the contrary , Licensee shall look solely to the estate and property of Licensor in and to the Property in the event of any claim or judgment against Licensor arising out of or in cmmectiOn with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area. Licensee agrees that the liability of Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area, shall be limited to such estate -2- and property of Licensor. 6, ASSIGNMENT AND SUBLETTING: Licensee shall have the right to sublet, sublicense, or otherwise permit occupancy or use by any person or entity other than Licensee and Licensee's Agents of the License Area or any part thereof, provided that all such subletting, sublicensing, or occupancy is solely for the Permitted Use (i.e., Licensee hosting "Meet Me in Milton.") 7. DEFAULTS: If Licensee violates any of the terms or conditions hereof, or creates a hazard to the health and/or safety of any occupant of the Property, then and in any such event, in addition to any and all rights and remedies allowed at law or in equity, this License and/or Licensee's right to use the License Area shall be automatically revoked and Licensee shall surrender and vacate the License Area immediately (failing which Licensor may enter into and repossess said License Area with or without process of law and remove all persons and property of Licensee therefrom if the same has not previously been removed, and for the purpose of such entry and repossession. LICENSEE WAIVES ANY NOTICE TO QUIT OR ANY OTHER NOTICE PROVIDED BY LAW OR In addition, icensee will pay all costs and tees (including, but not limited to, court costs and reasonable attorneys' fees) incurred by Licensor in connection with obtaining possession of said License Area or in the enforcement of any covenant, condition or agreement herein contained, whether through legal proceedings or otherwise and whether or not any such legal proceedings be prosecuted to a fmal judgment. A waiver by Licensor of any default by Licensee in the performance of any of the covenants, terms or conditions hereof shall not constitute or be deemed a waiver of any subsequent or other default. A delay on the part of Licensor to exercise or enforce any of its rights, powers or privileges hereunder shall not be deemed a waiver of such right, power or privilege. The rights and remedies of Licensor under this License shall be cumulative and hi addition to any other rights and remedies given to Licensor by law. The exercise by the Licensor of any right or remedy herein provided shall not impair Licenser's rights to exercise any other remedy provided by law. 8. RIGHTS RESERVED BY LICENSOR: Licensor reserves the right to enter the License Area at all times (a) to inspect and repair the License Area or the Property as Licensor may deem necessary or desirable, (b) for any purpose whatsoever relating to the safety, protection or preservation of the License Area or Property, and (c) for any other purpose which does not prevent the use of the License Area in accordance with the terms hereof. in any such event, the Licensor shall take reasonable measures to avoid undue disturbance to Licensee's use of the License Area, however, Licensee agrees to cooperate with Licensor and to relocate the License Area if Licensor requests. 9. NOTICES: All notices hereunder shall be hand delivered, delivered by a nationally recognized overnight delivery service (such as Federal Express), or mailed in a certified prepaid envelope addressed to Licensor or Licensee, respectively, at the addresses reflected on the signature page. Any notice sent in accordance with the foregoing shall be deemed duly given when received (or when delivery is refused) if (nand -delivered, on the next business day if deposited with a nationally recognized overnight delivery service, or on the third business day if sent by certified mail and such refusal is documented by the person or entity attempting delivery. Either party may from time to time change the address to which notice is to be given, by written notice to the other party sent in accordance with this provision. 10. GENERAL PROVISIONS: The captions in this License are inserted only as a matter of convenience and for reference, and in no way deme, limit or describe the scope or intent of such paragraph or of this License. The terms, covenants and conditions contained in this License shall bind and inure to the benefit of the Licensor and Licensee, and their respective heirs, legal representatives, successors and assigns; provided that, nothing it this Section 10 shall be deemed to permit any transfer, assignment, sublease, license or other arrangement in violation of Section 6 hereof and nothing herein shall be construed to impose any personal liability on the officers or employees of Licensor or Licensee. This License and all of the rights of Licensee hereunder are expressly subordinate to the provisions of any mortgage, deed of trust or underlying master lease encumbering the Property. No change, waiver or modification of the terms hereof shall be binding unless in writing and signed by the parties hereto. The interpretation of this License shall be governed by the laws of the State of Georgia, without regard to the conflict of laws principles thereof. This License constitutes the entire agreement between the parties with respect to the License Area and the use thereof. [SIGNATURES ON FOLLOWING PAGE] -3- IN WITNESS WHEREOF, Licensor and Licensee have caused these presents to be signed (duly executed and attested) and sealed the day and the year first above written. WITNESS: WITNESS: -4- LICENSOR: Crabapple Green, LLC i Name: Title: Address: 12650 Crabapple Road, Suite 200 Milton, GA 30004 LICENSEE: City of Milton, GA By: Name: Joe Lockwood Title: Mavor Address: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 Approval as to form: City Attorney i i Crabapple y INSURANCE REQUIREMENTS Licensee shall mah�tain insm'ance as shown in the attached insurance certificate. Any third parry vendm' used to provide services at the License Area shall provide evidence of coverage meeting the following requirements: 1. Commercial general liability insurance in the amount of at least $2,000,000.00 combined shrgle limit and, if alcoholic beverages will be sold or consumed in the License Area, liquor liability coverage with a lhnit of not less than $1,000,000; and 2. Statutory Workers' Compensation Insurance to comply with applicable state laws, and at least -6- EXHIBIT C RULES AND REGULATIONS All posted rides must be observed. 2. All City of Milton ordinances (as well as state and federal laves) must be observed. 3. Licensee shall not to make may alterations or additions to the Property, or place iu, on or about the Property any signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or similar items, without obtaining the prim written consent of Licensor. 4. Licensee shall not charge any visitor, customer or invitee a fee for parking near the License Area. 5. Licensee shall not close or obshuct the roadways, surface parking lots and any other shvcture on the Property or otherwise interfere with ingress to and egress fi-om the Property, unless expressly approved in writing by Licensor. 6. All loading, unloading, setup and tear down shall take place within such thnes and. at such places as shall be reasonably designated by Licensor. All parking shall take place within such times and at such places as shall be reasonably designated by Licensor. 8. Licensee shall not generate any noises through the use of loudspeakers, sound amplifiers, �mdios, televisions, or phonographs without the prior written consent of Licensor. Licensee shall not engage in or allow any fighting or use physical force or abuse or obscene language towards any person or engage in any form of objectionable behavior, such as the making of loud noises or coarse or offensive utterances, gestures or displays, any of which causes or may cause public inconvenience or annoyance or alarm. No unlawful activities shall be permitted on the premises, or shall gambling or the consumption of alcoholic beverages be permitted. 9. Licensor reserves the right to require the withdrawal from display of any item, object, person, printed matter ofany other thing of any nature which in the opinion of Licensor might be detrhuental to the appearance or reputation of the Property or the adjoining Development. 10. Licensee shall not use fencing on the Green or the hardscape surrounding the Green. 11. No tents or other equipment are allowed on the hardscape without prior written approval from the Licenser. CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Extension of Intergovernmental Agreement between the City of Milton and the City of Alpharetta Regarding Shared Municipal Court Clerk Services MEETING DATE: Monday, December 21, 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 21, 2020 X X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted December 15, 2020 for the December 21, 2020 Regular City Council Meeting Agenda Item: Approval of an Extension of Intergovernmental Agreement between the City of Milton and the City of Alpharetta Regarding Shared Municipal Court Clerk Services _____________________________________________________________________________________ Executive Summary: On September 21, 2020, an intergovernmental agreement was approved by council to share a Municipal Court Clerk with the City of Alpharetta. This agreement allowed both cities to explore the feasibility of co -locating Alpharetta’s court services in Milton’s court facility. We are nearing completion of the feasibility study and will have a presentation prepared for council consideration during one of our regularly scheduled council meetings in January. An extension to the agreement of 6 months is being requested to provide ample time for putting the next steps in place, whether that be the co- location of courts or hiring our own court clerk and keeping courts separate. Procurement Summary: Purchasing method used: Intergovernmental Agreement Account Number: 100-2650-521210000 Requisition Total: 40% of $100,000 salary + benefits Vendor DBA: City of Alpharetta Financial Review: Bernadette Harvill, December 15, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, December 14, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Extension of Intergovernmental Agreement EXTENSION OF INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MILTON AND THE CITY OF ALPHARETTA REGARDING SHARED MUNICIPAL COURT CLERK SERVICES THIS EXTENSION OF INTERGOVERNMENTAL AGREEMENT (the "Extension Agreement"), by and between the City of Milton, a Georgia municipal corporation ("Milton"), and the City of Alpharetta, a Georgia municipal corporation ("Alpharetta"), is entered into as of the "Effective Date" defined herein. Milton and Alpharetta may also be referred to herein as the "Parties". RTrrTTnT.0 WHEREAS, on or about September 21, 2020, Milton and Alpharetta entered into that certain Intergovernmental Agreement regarding shared municipal court services (the "Original Agreement"), with an expiration date of December 31, 2020; and WHEREAS, the Original Agreement provides the Parties, by mutual consent, may extend the Original Agreement; and WHEREAS, by this Extension Agreement, the Parties wish to extend the Original Agreement through June 30, 2021; and WHEREAS, the recitals contained in the Original Agreement are incorporated herein by reference. NOW THEREFORE, in consideration of the following mutual obligations, the Parties agree as follows: ARTICLE 1 OBLIGATIONS OF THE PARTIES The Parties agree to the above Recitals and restate for convenience the obligations of the Parties in the Original Agreement, which shall continue to govern, except for the prior termination date: 1. On September 11, 2020, Ms. Lappin tendered her resignation of employment to Milton, which resignation was accepted by Milton. The resignation effective date shall apply retroactively to September 8, 2020, that being deemed Ms. Lappin's last day of employment with Milton. 2. On September 9, 2020, Ms. Lappin began her employment with Alpharetta. 3. Ms. Lappin will spend 2/5ths (40%) of her work week (Monday and Friday) at the Milton Municipal Court and 3/5ths (60%) of her work week (Tuesday through Thursday) at the Alpharetta Municipal Court. 4. Ms. Lappin will be reasonably available to both Milton and Alpharetta throughout each day of her work week. 5. Ms. Lappin's base salary will be $100,000.00 annually to be paid by Alpharetta in addition to other regular employee benefits as may be offered to the other employees of Alpharetta. 6. During the Term hereof, and for so long as this Extension Agreement remains effective, Milton shall reimburse Alpharetta 40% of the prorated cost of Ms. Lappin's base salary and 40% of the prorated cost of the employee benefits provided to her based on her position with Alpharetta as the municipal court clerk. 7. Requests for reimbursement shall be tendered to Milton monthly and shall only seek reimbursement for the proportionate share of the salary and benefits paid from Alpharetta to Ms. Lappin during the previous month. Upon receipt of Alpharetta's reimbursement request, Milton shall promptly reimburse Alpharetta and in no event later than thirty (30) days from receipt. aQmTr*T.F 9 MISCELLANEOUS 1. NON -WAIVER. Any Party's failure to seek redress for a violation or to insist upon strict performance of any Extension Agreement provision will not prevent a subsequent act, which would originally have constituted a violation, from having the effect of an original violation. 2. COUNTERPARTS. This Extension Agreement may be executed in any number of counterparts with the same effect as if all Parties hereto had all signed the same document. All counterparts will be construed together and will constitute one agreement. Delivery of executed copies of this Extension Agreement by facsimile or e-mail transmission to the other Party hereto shall constitute good and valid execution and delivery by the Parties for all purposes, with the same effect as if such Party had received an original counterpart signed by the other Party. - 2 - 3. GENDER AND NUMBER. Unless the context requires otherwise, the use of a masculine pronoun includes the feminine and the neuter, and vice versa, and the use of the singular includes the plural, and vice versa. 4. COMPLETE AGREEMENT. This Extension Agreement constitutes the complete and exclusive statement of the agreement between the Parties. It supersedes all prior written and oral statements, including any prior representation, statement, condition or warranty. Except as expressly provided otherwise herein, this Extension Agreement may not be amended without the written consent of all the Parties. 5. SEVERABILITY. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Extension Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Extension Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Extension Agreement not held to be invalid. It is hereby declared to be the intent of the Parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 6. GOVERNING LAW; VENUE. This Extension Agreement shall be governed by the laws of the State of Georgia. The Parties agree to comply, to the extent applicable, with all obligations of O.C.G.A. § 13-10-91, et seq., and Title VI of the Civil Rights Act of 1964. The proper venue for any actions arising out of this Extension Agreement shall be in the Superior Court of Fulton County. 7. TIME OF ESSENCE. Time is of the essence of this Extension Agreement. 8. NON -ASSIGNABILITY. Neither Party may assign any of the obligations or benefits of this Extension Agreement. 9. AUTHORITY TO CONTRACT. Each Party declares that it has obtained all necessary approvals of its governing authority to execute and bind the Party to the terms of this Extension Agreement. Ratification of the Extension Agreement by a majority of the governing authority shall authorize the Mayor to execute on behalf of such governing authority but shall not preclude execution by the full Council of either Party. 10. NO THIRD -PARTY RIGHTS. This Extension Agreement shall be exclusively for the benefit of the Parties and shall not provide - 3 - any third parties with any remedy, claim, reimbursement, cause of action or other right. liability, 11. OFFICIAL NOTICES. Any notice required hereunder shall be in writing and shall be deemed to hav e ·been delivered when deposited in th e United State s mail, registered or certif ied, or when sent by overnight courier, addre ssed as follo ws: City of Milton Steve Krokoff, City Manager Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 City of Alpharetta Robert J. Regus, City AdministratorAlpharetta City Hall 2 Park Plaza Alpharetta, Georgia 30009 Or to such other addr ess as either Party may designate for itself by written notice to the other Party from time to time. 12. NO EMPLOYMENT CONTRACT. This Extension Agreement shall in no way operate as or be interpreted as an employment contract between Brooke Lappin and either or both Parties. 13. EFFECTIVE DATE; TERM. The terms and conditions of this Extension Agreement shall be effective as of January 1, 2021, and shall remain effective through and including June 30, 2021, unless earlier terminated as provided herein. The June 30, 2021 expiration date may be extended upon mutual agreement of the Parties. The Original Agreement shall remain in place through and including December 31, 2020. 14. TERMINATION. Either Party may terminate this Extension Agreement prior to June 30, 2021, at any time, without cause, upon providing at least thirty (30) days' prior written notice to the other Party in accordance with Paragraph 11 above. [SIGNATURES CONTAINED ON FOLLOWING PAGE] - 4 - IN WITNESS WHEREOF, the Parties have executed this Extension Agreement by and through their duly authorized officers. CITY OF MILTON By: Joe Lockwood, Mayor Attest: Dated: Sudie Gordon, City Clerk [AFFIX CITY SEAL] Brooke Lappin APPFMM AS TO FUM AND TWAL SUFFICIEWY: Ken Jarrard, Milton City Attorney 3963569 CITY OF ALPHARETTA By: . Jim Attest n Cobb, City Clerk Dated: 1 400 APPFOM AS TO EM AND LEGAL SUFFICIENCY: C. Sam Thomas, City Attorney CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Subdivision Plats and Revisions: 1. The Milton Pointe at Broadwell minor plat described herein consists of 2.87 acres located at 12455 Broadwell Road. The rear parcel of this property which totals 1.38 acres is zoned T2 and the front parcel totaling 1.51 acres is zoned T4 and proposes one commercial building and one mixed-use building. 2. The Joshua Smith minor plat described herein consists of 12.729 acres located at 2255 Mountain Road and will subdivide into 3 parcels. Tract 1 will contain 7.0 acres, Tract 2 will contain 2.017 acres and 3.712 acres will be remaining. MEETING DATE: Monday, December 21, 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 21, 2020 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on December 15, 2020 for the December 21, 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 Milton Pointe at Broadwell minor plat described herein consists of 2.87 acres located at 12455 Broadwell Road. The rear parcel of this property which totals 1.38 acres is zoned T2 and the front parcel totaling 1.51 acres is zoned T4 and proposes one commercial building and one mixed-use building. 2. The Joshua Smith minor plat described herein consists of 12.729 acres located at 2255 Mountain Road and will subdivide into 3 parcels. Tract 1 will contain 7.0 acres, Tract 2 will contain 2.017 acres and 3.712 acres will be remaining. Funding and Fiscal Impact: None. Alternatives: Do not approve. Consent Agenda Plats Staff Memo Page 2 of 9 Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Milton Pointe at Broadwell 12455 Broadwell Road LL 1171 & 1206 Dist. 2 Sect. 2 Minor Plat One Commercial Building and One Mixed- Use Building 2.87 Acres N/A to Commercial Development 2. Joshua Smith Minor Plat 2255 Mountain Road LL 189 Dist. 2 Sect. 2 Minor Plat Subdivided into two tracts 12.729 Acres 0.23 lots / Acre Consent Agenda Plats Staff Memo Page 3 of 9 Consent Agenda Plats Staff Memo Page 4 of 9 Consent Agenda Plats Staff Memo Page 5 of 9 Consent Agenda Plats Staff Memo Page 6 of 9 Consent Agenda Plats Staff Memo Page 7 of 9 Consent Agenda Plats Staff Memo Page 8 of 9 Consent Agenda Plats Staff Memo Page 9 of 9 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 15, 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 21, 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 21, 2020 X X X X 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 15, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: 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 MEETING DATE: Monday, December 21, 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 21, 2020 X X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on December 14, 2020 for Unfinished Business on the December 21, 2020 Regular City Council Meeting Agenda Item: 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 _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: After the December 7 City Council meeting, staff is recommending a number of additional edits be made: • 4-12(a) Unlicensed sales or deliveries prohibited – Added additional state law references for clarification • 4-40(b)2 Consideration of applications by Chief of Police and City Manager – Added that the City Manager can approve conditional licenses • 4-85 Farm Wineries – Renumbered to keep Farm Wineries as section 4-85 • 4-96 Grand Opening/Annual Promotion Permit – Removed the word “special” in front of events to not cause confusion with special events referenced in other City ordinances and removed the word “sell” because this permit does not allow for the sale of beer/wine • 4-125 Hours and Days of Sales – Added that Crowler/Growler and Craft Beer and/or Wine Markets can apply for a reduced rate Sunday Sales license • 4-154 Carry-out of partially consumed bottles of wine permitted – Added that the permit may also be issued by the designee of the City Manager. • Appendix A – Added the reduced rate of $100 for Sunday Sales for Crowler/Growler and Craft Beer and/or Wine Markets 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 14, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Alcohol Ordinance Chapter 4 Redline Appendix A Redline 1 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 various types of sales and service 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. SECTION 4. This Ordinance shall become effective upon its adoption. 2 ORDAINED this the 21st day of December 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk 3 Exhibit A 4 Chapter 4 - ALCOHOLIC BEVERAGES ARTICLE I. - IN GENERAL 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. (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 business 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 apparen t 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. 5 (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 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 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 occa sions 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 6 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. 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, su bject to the barrel production limitation prescribed in state law for retail consumption in and on premises. 7 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 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 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 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 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 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. 8 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, havin g 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). 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 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 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 dri nk 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 9 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. 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 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 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 10 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. 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 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. 11 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 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. 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 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 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. 12 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 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. 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 13 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. 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 contain er. 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. 14 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 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 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, and held out to the public as a place where meals are actually and regularly served to patrons, without 15 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. 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 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 16 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, beer s 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. 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. 17 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 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 Ch apter, 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; 18 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 condition s 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. 19 (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appearance that such alcoholic beve rages 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 (O.C.G.A. § 3-3-10). Pursuant to O.C.G.A. § 3-3-10, 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. 20 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 lic ensee'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 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 provis ion 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 21 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. 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: 22 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; 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 p roperty" 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. (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. 23 (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers, and majority stockholders. Issuance of the license shall be as follows: 1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its 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 th at 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 o r 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. 24 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 Po lice 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 sub mitted 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 bevera ges 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 be verage 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 offender treatment or committed another crime and the sentencing court entered an 25 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 applicant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the existi ng 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 lice nse 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, a ny 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 26 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. (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. (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. (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. (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 premi ses, 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. (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. (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 27 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 applicatio n non-refundable processing fee and license/permit 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 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 o r 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 establishment or may require a separate application for the different license types. Under e ither 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 un der 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 continuo usly maintain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, 28 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 per son 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 Cit y 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 partia l 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. 29 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, conditional licenses or any 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 prior to 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. 30 (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 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 decision s 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 entitl ed 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 th ird 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 applicatio n 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; 31 (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 prior to 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 fort h 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 Cod e 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 deeme d 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 T emporary 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. 32 (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. (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 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 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 establishi ng 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 ar e 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 s uch 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. 34 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 t he 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, the establishment may continue to sell or serve alcoholic beverages, or otherwise co ntinue 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 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 occurre d, 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 w hich 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 partner s, 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 35 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 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, hearin g, 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) 36 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 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 allowe d 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 b everage Chapter or state law; 37 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 p rostitution; 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 con sumption 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. 4-61. – 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 38 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 ce rtified 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 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 Manage r 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 39 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 fac tors 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; 40 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 f or 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 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 t he 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 t he 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 f ine of $750.00, and a license suspension for a minimum period between seven (7) and sixty (60) days. 41 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 mechan ism, 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, 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 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 42 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 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 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. 43 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 does 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. 44 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. 45 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 underlying 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 46 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 the City’s requirements to hold an alcohol license. 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 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. 47 Sec. 4-73 – 4-74. Reserved. DIVISION 2. - SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES Sec. 4-75. Reserved. (a) Sec. 4-76. - License prohibited for liquor package sales in connection with certain establishmentsNo 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 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 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 Mo nday 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 appro val 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 48 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 establ ishment 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 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. 49 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 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. 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 50 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 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 iv. Be a sports complex situated in conformance with the City's zoning ordinances. Sec. 4-78 – 83. Reserved. Sec. 4-84. – 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 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, an d 51 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 separate ly 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 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 52 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. 4-85. – 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 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. (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 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. 53 (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. (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. 54 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 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. (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. 4-86 – 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. 4-87 – 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. (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. 55 (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 amount set forth in this Chapter and shall be paid withi n 30 days after the conclusion of the catered event or function. Sec. 4-88. 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 56 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 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 priva te function, BYOB beverages are limited to beer and wine. 57 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 sh all 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. 4-89. – 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. 4-90. – 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 58 governing the same. This subsection does not apply to beer that has been 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. 4-91. – 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. 59 (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. 4-92. – 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. 4-93. – Ancillary Tasting. 60 (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 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. 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. 61 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. 4-94. - 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 grant or denial of a license. The City shall not be liable to the applicant if, 62 for any reason, a license is not issued either prior to the expiration of the temporary license or not issued at all. DIVISION 3. - SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4-95. - 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 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 s o 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 accommodation shall only be authorized, if at all, during the term of the special event. 63 (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 tha t 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 appr oved 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. 4-96. - 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 permit 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 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 permit. (b) Employees or volunteers of the Grand Opening/Annual Promotion Permit, working the event in any position in any position dispensing, 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. 64 Sec. 4-97. - 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 . (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 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 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 for a Public Facilities Event Alcohol Permit: 1) expected time period in which the event will occur; 2) whether the event will occur during daylight hours; 3) the number of people expected to attend the event; 4) other activities scheduled to occur in the structure, facility or property at the time of the event; and 5) any other factor weighing upon the health, safety or welfare of others. (e) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. 65 (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 individual who is not a licensed caterer. (j) The City Manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a Public Facilities 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. 4-98. – Catered event permit. See Section 4-87. DIVISION 4. - ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4-99. – 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 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 66 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 visib le from the outside of the establishment. Sec. 4-100. – 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. 4-101. – 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: 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 67 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 pack ages 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. (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. 68 (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. 4-102 – 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 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. 4-108. – Open Container Areas allowing outside consumption of alcoholic beverages. 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 69 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. - 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. 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 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 70 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 authori ty 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 food sales requirements set forth under state law and possess a valid Sunday Sales License. (d) Ancillary tasting 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. Sundays between the hours of 11:00 a.m. and 10:00 p.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. Crowler/Growler Licensee and Craft Beer and/or Wine Market may also serve on Sundays between the hours of 11:00 a.m. and 71 10:00 p.m. with a valid Sunday Sales License. Incidental Service License may serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. (f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. and Sunday from 11:00 a.m. until 12:00 midnight. (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 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. (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 the premises are in compliance 72 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 m erchandise 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 provide d 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 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 other place. All alcoholi c beverages shall be available at all times for inspection by authorized City officials. Any brand or type of 73 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. 4-130. - 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. Sec. 4-141. – Restrictions on employment of underage persons. (a) No licensee shall allow or require a person in su ch 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. 74 (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. 4-142. – 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 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. 75 (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 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, 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 plea 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. (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. 76 (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 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. 77 (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, 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 78 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 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 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 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 witho ut first providing written notice to and obtaining written approval from the City Manager or his/her designee. 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. 79 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 from the premises in an y 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. 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. 80 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 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. 4-158. - 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: 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 81 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 dur ing the same calendar week, except at private functions not open to the public. 4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. 5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one (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 82 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. Sec. 4-159 – Reserved. DIVISION 5. ‘UNDER 21’ PROHIBITIONS 83 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 ot her 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. DIVISION 6 – ACTIVITIES PROHIBITED ON PREMISES Sec. 4-170. - Contents of bottles. 84 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 guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. 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 permitt ed 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. 4-173. - 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 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. 85 (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. 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 86 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 the 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. Sec. 4-183. – Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and deliveries; bonds; penalties. 87 (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 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 prohibit 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 88 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 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. 89 (b) The excise tax imposed in this subsect ion 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 2 0th 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 an d 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 business hours. (i) In addition to any penalties otherwise set forth in this Chapter, failure to properly complete or submit the req uired 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 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 90 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 $25.0 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 (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. 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 o unce 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 a nd shall keep it and 91 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 du e 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 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 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 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. 92 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 equa l 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 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 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. 4-192. - 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 93 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 shall 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 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 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 delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. 94 (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. 4-195 – 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 operat ion 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. 4-201. - 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 beverage s in the City shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the City. 95 (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. 96 Exhibit B 97 FEES AND OTHER CHARGES 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) 98 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) 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 99 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 (Standard) $250/year 4-70(e)(1) Sunday Sales License Consumption on Premise (Standard) $500/year 4-70(e)(1) Sunday Sales License (When added to Crowler/Growler License or Craft Beer and/or Wine Market License) $25/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 100 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 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 4-94(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 101 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 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 102 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 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 alcoho lic 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) Purpose s. 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 l icensed 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 occa sions 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 th e 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 foo d 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 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, voca tional 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 wholesale rs 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 regulation s 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 License e 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 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 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 Liq uor 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 direct ly 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 equip ment, 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 b everages 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 licens es 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 wine s, 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 applic ation 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 app lication 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 (O.C.G.A. § 3-3-10). Pursuant to O.C.G.A. § 3-3-10, 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 t o 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 anyby 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 th at 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 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. 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, bot h 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 licen se 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 establishment or may require a separate application for the different license types. Under either circumstan ce, 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 un der 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 ag ent 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). I f 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 tTemporary aAlcoholic bBeverage Llicense, conditional licenses 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 prior tofor 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. 28 (8) With the exception of tTemporary aAlcoholic bBeverage Llicenses or Special Event Alcohol 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 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. Del ivery 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 ; 29 (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 prior to 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. Deliv ery 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. 30 (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. (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 establishme nt, 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 ru les 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. 31 (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 distan ce 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 32 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, 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. 33 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 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; 34 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 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 wh en 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 alcoho lic 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 35 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 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 36 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 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 an y portion of, the license fee. 37 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 Chapt er. (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 procedure s 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: 38 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 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 39 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, 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. 40 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 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 41 Service Restaurant License; or (iii) also obtain a craft beer and/or Winewine market license. 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. 42 2)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 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 L icense 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. 43 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 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 44 Manufacturing Brewery or distillery None Manufacturing Micro-brewery or micro- distillery None 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 o r 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 45 (b) Grand opening/annual promotion permit (c) Public facilities event alcohol permit (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. 46 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 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. 47 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. 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. 48 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. 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 Ssection. 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 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 49 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 – 8379. -Reserved. Sec. 4-84. – 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, 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 establishme nt 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 o n 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. 50 (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 lice nsed 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 51 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. (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. 851. 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: 52 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. 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 SSectionection 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. 53 3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (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. 4-86 – 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. 4-87 – 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 Dep artment of Revenue. 54 (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 M anager 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 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 se ll 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. 4-88. 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 55 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 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. 56 iv. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 year s 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. Sec. 4-859. – 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. 4-90. – 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 57 “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; (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. 4-91. – 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 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. 58 (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. (f) Craft beers and wine consumed on the premises of a Cr aft 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. 4-92. – 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. 59 (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. 4-93. – 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 Licen se 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 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 60 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. 4-94. - 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 c reate 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 Manage r 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 61 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 grant or denial of a license. The City shall n ot 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. 4-86 – 4-DIVISION 3. - SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES Sec. 4-953. - 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 62 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 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 criter ia 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. 4-96. - 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 permit 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 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 permit. 63 (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 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. 4-97. - 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 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 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 property at the time of the eve nt; and 7)5) any other factor weighing upon the health, safety or welfare of others. 64 (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, 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 omi tted 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. 4-98. – Catered event permit. See Section 4-87. DIVISION 4. - ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF ALCOHOL SALES Sec. 4-99. – Package sales of distilled spirits. 65 (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 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 plain ly, 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 b e visible from the outside of the establishment. Sec. 4-100. – 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. 4-101. – 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. 4-102 – 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: T he 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 i s 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 beve rages 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 tasting 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. Sundays between the hours of 11:00 a.m. and 10:00 p.m. (d) (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. Crowler/Growler Licensee and Craft Beer and/or Wine Market may also serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. with a valid Sunday Sales License. Incidental Service License may serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. (e)(f) Farm Winery Tasting License. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. and Sunday from 112:030 ap.m. until 120:00 midnight p.m.. (f)(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. 71 (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 including all passageways for patrons, shall be kept clean and shall be sufficiently well illuminated so that t hey 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 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. 4-107127. - 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 72 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. 4-108128. - 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 shal l 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 al coholic 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, 73 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. 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 of f-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 employee s 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: 74 (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 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, 75 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 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 cri me 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 falsifi ed, 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 off icer. 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 76 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 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/s ervice 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 78 law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. 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 or his/her designee. 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 prohibit ions. (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. 79 (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. 4-136156. - 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. 80 Sec. 4-137157. - 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 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 1 00 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. 81 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 persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. 5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one (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 charge d 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. 82 (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. 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 al lowed 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 84 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. 4-152172. - 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 cau se to suspend, revoke or refuse to renew any license issued by the City pursuant to this Chapter. Secs. 4-154174—4-159179 Reserved. 85 ARTICLE VI. – REPORTING, AUDITS, AND EXCISE TAXES 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. 86 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. 4-162182. – 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 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. 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: 87 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 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, an d 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 a ny 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 n ot 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 na tural 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 subjec t 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 conta iners, 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 t he 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 m onth. 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 thereo f 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 availabl e 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 an y 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 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 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 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 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 t hree (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 4-70(e)(1) Sunday Sales License (When added to Crowler/Growler License or Craft Beer and/or Wine Market License) $100/year 4 (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 4-70(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 5 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 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 6 (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 (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 16, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia Declaring Crown Castle in Violation of State Law by not Paying the City Due Compensation for Use of City Rights of Way MEETING DATE: Monday, December 21, 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 21, 2020 X X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 15, 2020 for the December 21, 2020 Regular City Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton, Georgia Declaring Crown Castle in Violation of State Law by not Paying the City Due Compensation for Use of City Rights of Way _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In March 2016, the city approved a memorandum of understanding with Crown Castle that permitted the company to install telecommunications facilities and support structures in the city’s rights of way. The company agreed to be responsible for payment of all due compensation to the city as per O.C.G.A. 46-5-1. For any telecommunication fiber that is installed, the rate is $5,000 per mile annually unless they have a retail end use customer. If they provide retail services, the rate is 3% of gross revenues generated from the customer(s) annually. Crown Castle paid the city the 3% franchise fee. Through our partnership with Georgia Municipal Association and Local Government Services, we discovered that Crown Castle didn’t have a retail customer and should’ve been paying the $5,000 per mile of fiber rate. We’ve notified Crown Castle they are in violation for failure to pay due compensation based on the appropriate rate. We’ve been in correspondence with them over the past few months, but as of yet, we have not received any payment or interest on the delinquent amount. We are presenting a resolution that permits the city to take any required action, including the commencement of legal action, to recover the city’s due compensation. Funding and Fiscal Impact: This will result in an initial positive fiscal impact of over $100,000 with annual revenues to be determined. They claim to have a retail end use customer as of the beginning of this year, but we are in the process of confirming that information. Alternatives: None at this time. Legal Review: Ken Jarrard, Jarrard & Davis (December 15, 2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution 2386546v1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO__________ A RESOLUTION OF THE CITY OF MILTON GEORGIA DECLARING CROWN CASTLE IN VIOLATION OF STATE LAW BY NOT PAYING THE CITY DUE COMPENSATION FOR USE OF CITY RIGHTS OF WAY WHEREAS, the City of Milton, Georgia (“City”) became incorporated and began municipal operations on December 1, 2006 (“Date of Incorporation”). WHEREAS, Crown Castle, LLC (“Crown Castle”) submitted and was granted permits to place telecommunication facilities in the City rights of way for the years 2016 through 2019. WHEREAS, Chapter 5 of Title 46 of the Official Code of Georgia Annotated, (“O.C.G.A.”) as amended in 2008 by Senate Bill 379 contains provisions that require payment of due compensation to municipalities. WHEREAS, as of the date of this resolution, Crown Castle has not remitted Due Compensation to the City for use of the ROW in accordance with State law. WHEREAS, on October 6, 2020 the City sent a demand letter to Crown Castle requesting Due Compensation pursuant to O.C.G.A. 46-5-1(b)(11) and (18) and the City notified Crown Castle that if payment was not remitted before the expiration of the 15 day cure period, Crown Castle shall pay interest thereon at the rate of 1 percent (1%) per month to the City. (see Exhibit A attached hereto and made part of this Resolution). WHEREAS, the City’s Consultant, Mr. Ryan Fender, has made several requests to Crown Castle for payment of the Due Compensation and contacted Crown Castle via email on October 27, 2020 and November 9, 2020 (see Exhibit B attached hereto and made part of this Resolution). NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Milton as follows: 1. The recitals set forth above are hereby incorporated in their entirety. 2. As of the date of this Resolution the City has not received Due Compensation for use of Milton rights of way from Crown Castle. 3. Crown Castle is in violation of 46-5-1(b) (11) and (18) for failure to pay the City the rates set by the Georgia Department of Transportation. 2 2386546v1 4. Because Crown Castle has not paid Due Compensation within 15 calendar days of receiving Milton’s October 6, 2020 demand for payment, Crown Castle is also required to pay statutory interest under O.C.G.A. 46-5-1(b)(11). 5. The City Manager is hereby authorized to provide Crown Castle with written notice of this resolution and further authorized to take any required action, including the commencement of legal action in consultation with the City attorney and other advisors to bring an action in a court of competent jurisdiction to recover Due Compensation plus interest. 6. Milton hereby reserves any and all rights it may have under applicable law to seek monetary damages, penalties and/or any other equitable remedy against Crown Castle for its failure to provide Due Compensation to the City for use of the rights of way. This Resolution shall take effect and continue and remain in effect from and after the date of its passage, approval, and adoption. Resolved by the City of City of Milton, Georgia this 21st day of December 2020. CITY OF MILTON, GEORGIA __________________________________ Joe Lockwood, Mayor Attest: __________________________________ Sudie AM Gordon, City Clerk Exhibit A 1 Stacey Inglis From:Ryan Fender <rgfender@windstream.net> Sent:Tuesday, October 27, 2020 10:31 AM To:Amanda.Brown2@crowncastle.com Subject:FW: Remittance for use of City of Milton's right of way Attachments:Crown Castle Letter 100620.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Amanda, On behalf of the City I am requesting an update in regards to the attached letter. If you need anything from us please let me know. Thanks. Ryan Fender Franchise Coordinator Local Government Services, LLC 127 Laurelwood Ln Dahlonega, GA 30533 (P)706 ‐ 482 ‐9933 (C)706 ‐ 974 ‐5841 (F)706 ‐ 482 ‐9934 From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Tuesday, October 6, 2020 12:47 PM To: Stacey Inglis <Stacey.Inglis@cityofmiltonga.us> Cc: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way Hello, I am in receipt of the City’s letter. We will look into this matter and provide a response. Thank you, AMANDA M. BROWN Government Relations Counsel T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: Stacey Inglis <Stacey.Inglis@cityofmiltonga.us> Sent: Tuesday, October 6, 2020 12:07 PM Exhibit B 2 To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Cc: rgfender@windstream.net Subject: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Ms. Brown, Please find the attached letter regarding the remittance of due compensation for the use and occupation of the city of Milton’s right of way. If you have any questions, do not hesitate to contact Mr. Ryan Fender at 706-482-9933. Thank you, Stacey Stacey Inglis Asst. City Manager City of Milton 2006 Heritage Walk Milton, GA 30004 678-242-2508 Stacey.Inglis@cityofmiltonga.us http://www.cityofmiltonga.us . This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. 1 Stacey Inglis From:Ryan Fender <rgfender@windstream.net> Sent:Monday, November 16, 2020 10:18 AM To:Stacey Inglis Cc:'Greg Fender' Subject:FW: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. FYI From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Monday, November 16, 2020 8:13 AM To: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way Hi Ryan, I hope you enjoyed your weekend. I was unable to get approval for Crown’s response last week, but hope to have it to you and the City by end of day. Thanks for your patience on this. AMANDA M. BROWN Attorney, Government Relations T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: rgfender@windstream.net <rgfender@windstream.net> Sent: Monday, November 9, 2020 4:30 PM To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Subject: RE: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks for the quick response! Ryan From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Monday, November 9, 2020 4:27 PM To: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way 2 Good evening Ryan, Thank you for reaching out again and my apologies for the delay. Please let the City know that we will send our response by Friday, November 13 (with you cc’d). Thank you, AMANDA M. BROWN Attorney, Government Relations T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: rgfender@windstream.net <rgfender@windstream.net> Sent: Monday, November 9, 2020 4:06 PM To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Subject: FW: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Amanda, I was hoping to give Crown Castle some time to vet through the permits in Milton in regards to our letter. Can you please provide me an idea of when we can expect a resolution? Your help is greatly appreciated. Ryan Fender Local Government Services, LLC 127 Laurelwood Ln Dahlonega, GA 30533 (P) 706 ‐ 482 ‐9933 (C) 706 ‐ 974 ‐5841 2386546v1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO__________ A RESOLUTION OF THE CITY OF MILTON GEORGIA DECLARING CROWN CASTLE IN VIOLATION OF STATE LAW BY NOT PAYING THE CITY DUE COMPENSATION FOR USE OF CITY RIGHTS OF WAY WHEREAS, the City of Milton, Georgia (“City”) became incorporated and began municipal operations on December 1, 2006 (“Date of Incorporation”). WHEREAS, Crown Castle, LLC (“Crown Castle”) submitted and was granted permits to place telecommunication facilities in the City rights of way for the years 2016 through 2019. WHEREAS, Chapter 5 of Title 46 of the Official Code of Georgia Annotated, (“O.C.G.A.”) as amended in 2008 by Senate Bill 379 contains provisions that require payment of due compensation to municipalities. WHEREAS, as of the date of this resolution, Crown Castle has not remitted Due Compensation to the City for use of the ROW in accordance with State law. WHEREAS, on October 6, 2020 the City sent a demand letter to Crown Castle requesting Due Compensation pursuant to O.C.G.A. 46-5-1(b)(11) and (18) and the City notified Crown Castle that if payment was not remitted before the expiration of the 15 day cure period, Crown Castle shall pay interest thereon at the rate of 1 percent (1%) per month to the City. (see Exhibit A attached hereto and made part of this Resolution). WHEREAS, the City’s Consultant, Mr. Ryan Fender, has made several requests to Crown Castle for payment of the Due Compensation and contacted Crown Castle via email on October 27, 2020 and November 9, 2020 (see Exhibit B attached hereto and made part of this Resolution). NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Milton as follows: 1. The recitals set forth above are hereby incorporated in their entirety. 2. As of the date of this Resolution the City has not received Due Compensation for use of Milton rights of way from Crown Castle. 3. Crown Castle is in violation of 46-5-1(b) (11) and (18) for failure to pay the City the rates set by the Georgia Department of Transportation. 2 2386546v1 4. Because Crown Castle has not paid Due Compensation within 15 calendar days of receiving Milton’s October 6, 2020 demand for payment, Crown Castle is also required to pay statutory interest under O.C.G.A. 46-5-1(b)(11). 5. The City Manager is hereby authorized to provide Crown Castle with written notice of this resolution and further authorized to take any required action, including the commencement of legal action in consultation with the City attorney and other advisors to bring an action in a court of competent jurisdiction to recover Due Compensation plus interest. 6. Milton hereby reserves any and all rights it may have under applicable law to seek monetary damages, penalties and/or any other equitable remedy against Crown Castle for its failure to provide Due Compensation to the City for use of the rights of way. This Resolution shall take effect and continue and remain in effect from and after the date of its passage, approval, and adoption. Resolved by the City of City of Milton, Georgia this 21st day of December 2020. CITY OF MILTON, GEORGIA __________________________________ Joe Lockwood, Mayor Attest: __________________________________ Sudie AM Gordon, City Clerk Exhibit A 1 Stacey Inglis From:Ryan Fender <rgfender@windstream.net> Sent:Tuesday, October 27, 2020 10:31 AM To:Amanda.Brown2@crowncastle.com Subject:FW: Remittance for use of City of Milton's right of way Attachments:Crown Castle Letter 100620.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning Amanda, On behalf of the City I am requesting an update in regards to the attached letter. If you need anything from us please let me know. Thanks. Ryan Fender Franchise Coordinator Local Government Services, LLC 127 Laurelwood Ln Dahlonega, GA 30533 (P)706 ‐ 482 ‐9933 (C)706 ‐ 974 ‐5841 (F)706 ‐ 482 ‐9934 From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Tuesday, October 6, 2020 12:47 PM To: Stacey Inglis <Stacey.Inglis@cityofmiltonga.us> Cc: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way Hello, I am in receipt of the City’s letter. We will look into this matter and provide a response. Thank you, AMANDA M. BROWN Government Relations Counsel T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: Stacey Inglis <Stacey.Inglis@cityofmiltonga.us> Sent: Tuesday, October 6, 2020 12:07 PM Exhibit B 2 To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Cc: rgfender@windstream.net Subject: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Ms. Brown, Please find the attached letter regarding the remittance of due compensation for the use and occupation of the city of Milton’s right of way. If you have any questions, do not hesitate to contact Mr. Ryan Fender at 706-482-9933. Thank you, Stacey Stacey Inglis Asst. City Manager City of Milton 2006 Heritage Walk Milton, GA 30004 678-242-2508 Stacey.Inglis@cityofmiltonga.us http://www.cityofmiltonga.us . This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. 1 Stacey Inglis From:Ryan Fender <rgfender@windstream.net> Sent:Monday, November 16, 2020 10:18 AM To:Stacey Inglis Cc:'Greg Fender' Subject:FW: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. FYI From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Monday, November 16, 2020 8:13 AM To: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way Hi Ryan, I hope you enjoyed your weekend. I was unable to get approval for Crown’s response last week, but hope to have it to you and the City by end of day. Thanks for your patience on this. AMANDA M. BROWN Attorney, Government Relations T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: rgfender@windstream.net <rgfender@windstream.net> Sent: Monday, November 9, 2020 4:30 PM To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Subject: RE: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks for the quick response! Ryan From: Brown, Amanda <Amanda.Brown2@crowncastle.com> Sent: Monday, November 9, 2020 4:27 PM To: rgfender@windstream.net Subject: RE: Remittance for use of City of Milton's right of way 2 Good evening Ryan, Thank you for reaching out again and my apologies for the delay. Please let the City know that we will send our response by Friday, November 13 (with you cc’d). Thank you, AMANDA M. BROWN Attorney, Government Relations T: (770) 375-4945 | M: (404) 432-1982 CROWN CASTLE 8000 Avalon Blvd., Suite 700, Alpharetta, GA 30009 CrownCastle.com From: rgfender@windstream.net <rgfender@windstream.net> Sent: Monday, November 9, 2020 4:06 PM To: Brown, Amanda <Amanda.Brown2@crowncastle.com> Subject: FW: Remittance for use of City of Milton's right of way CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Amanda, I was hoping to give Crown Castle some time to vet through the permits in Milton in regards to our letter. Can you please provide me an idea of when we can expect a resolution? Your help is greatly appreciated. Ryan Fender Local Government Services, LLC 127 Laurelwood Ln Dahlonega, GA 30533 (P) 706 ‐ 482 ‐9933 (C) 706 ‐ 974 ‐5841