HomeMy WebLinkAboutORDINANCE No. 20-07-438 - 07/20/2020 - Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic BeveragesST ATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-07-438
AN ORDINANCE TO AMEND CHAPTER 4 -ALCOHOLIC BEVERAGES, OF THE
CODE OF THE CITY OF MIL TON, GEORGIA
BE IT ORDAINED by the City Council of the C ity of Milton , GA while in a regularly called
counc il meeting on July 20 , 2020 at 6 :00 p .m . as follows :
SECTION 1. That the amendment of Chapter 4 -Alcoholic Beverages , of the Code of
the City of Milton , Georgia is hereby adopted and approved ; and is attached hereto as if
fully set forth herein , and ;
SECTION 2 . All ordinances , parts of ordinances , or regulations in conflict herewith are
repealed .
SECTION 3 . That this Ordinance shall become effective upon its adopt ion .
ORDAINED this the 20th day of July 2020.
1/0ocuSigned by :
L ~3lB9Q4C5
Joe Lockwood , Mayor
Attest:
suctle1A rvi'~Ordon , City Clerk
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE I. -IN GENERAL[1]
Footnotes:
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Editor's note-Ord. No . 20-07-438 , adopted July 20 , 2020, amended the Code by
repealing ch. 4 in its entirety and enacting new provisions to read as herein set out.
Former ch . 4, §§ 4 -1-4-5, 4-25-4-27, 4-47-4-53, 4-73-4-75, 4-96-4-102, 4-122-
4-125 , 4-145-4-147 , 4-167 , 4-168, 4-188-4-192 , 4-211-4-213 , 4-232-4-234, 4-
254-4-257, 4-277, 4-297 , 4-317-4-319, 4-339 , 4-359-4-361 , 4-417, 4-437 , 4-457, 4-
477, 4-497-4-500, 4-520-4-545, approved pursuant to Ord. No. 15-03-236 , § 1, 3-16-
2015; Ord. No . 16-01-267, § 1, 1-4-2016; Ord. No. 17-05-316, § 1, 5-15-2017 , Ord . No .
18-06-360 , § 1, 6-4-2018 , Ord. No. 18-08-370 , § 1, 8-6-2018) pertained to similar subject
matter. See the Code Comparative Table for complete derivation.
State Law references-Constitutional grant of home rule powers, Ga . Const. art . IX , §
II ; statutory grant of home rule powers , O.C .G.A. § 36 -35 -1 et seq .; Georgia Alcoholic
Beverage Code , O .C .G .A. § 3-1 -1 et seq .; regulation of alcoholic beverages generally,
O .C .G .A. § 3-3-1 et seq .; authority of local authorities to license and regulate alcoholic
beverage sales, O .C.G .A. § 3-3-2 ; local regulation of sales on Sundays , O.C .G.A. § 3-3-
7 ; prohibited acts on licensed premises , O.C .G .A. § 3-3-40 et seq.; malt beverages,
O.C .G .A. § 3-5-1 et seq .; wine , O .C .G .A. § 3-6-1 et seq.; local licensing requirements for
sale of malt beverages , O .C .G.A. § 3-5-40 et seq .; requirements for sale of wine, O .C.G.A.
§ 3~6-40 ; 3-4-49 , 3-4-50 , 3-4-80 et seq ., 3-5-80 et seq ., 3-6-60, 3-7-40 et seq.; Georgia
Department of Revenue Regulations, Ga. Comp . R. & Reg .§ 560-2-1 et seq .
Sec. 4-1 . -Purposes.
(a) Purposes . This ordinance is adopted as part of a comprehensive plan designed
for the purposes , among others , of:
1) promoting the health and general welfare of the community ;
2) establishing reasonable and ascertainable standards for the regulation and
control of the licensing and sales of alcoholic beverages ;
3) protecting and preserving schools and churches ; and
4) giving effect to land use and preserving certain residential areas , with
reasonable consideration being given to , among other factors , the character of
the areas and their peculiar suitability for particular uses , the congestion in the
roads and streets , and the promotion of desirable living conditions and
sustained stability of neighborhoods and property values.
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(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 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 .
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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 on -premise consumption retailer properly
licensed to provide alcohol for consumption at private functions on pr ivate property , at
special events , or at special events facilities .
Ancillary 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" s hall include a Licensee Agent.
Assembly Hall or Events Facility means a room or build ing typically accommodating
the gathering of persons for deliberation , legislation , worship or entertainment , including
but not limited, to trade shows and other similar activities , as well as some social events
such as receptions , meetings , banquets , conventions , parties , catered events or similar
gatherings . The facility must be available to public or private groups of persons for
monetary consideration on a rental , fee , percentage or similar basis ; be used primarily
for special occasions including but not limited to , the events mentioned in this definition ;
be open to or attended by invited or selected guests or paying patrons ; and the premises
shall contain a minimum occupancy load of 200 persons for each show , event , reception
or activity as permitted by the Fire Marshall. Establishments that operate as an
"assembly hall " or "events facility" shall not provide Adult Entertainment , either regularly
or occasionally ; nor shall any such establishment operate as a Bar or Nightclub .
Bar means an establishment whose primary business is the provis ion 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 tha t is used to
age/condition/ferment distilled spirits ; a standard unit of measure is 53 gallons .
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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 posit ion 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
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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 presently exists , or by
whatever name the position may be designated in the future . The term City Manager will
also be deemed to include any designee of the City Manager .
College means only those state , county , city , church , or other higher education
institutions that teach the subjects commonly taught in the common colleges of this state
and shall not include private colleges where only specialized subjects such as law ,
stenography , business , music , art , medicine , dentistry , vocational occupations, and other
special subjects are taught.
Conviction means adjudication of guilt, plea of guilty , plea of nolo contendere or the
forfeiture of a bond when charged with a crime , but shall not include a discharge under
provisions of the State of Georgia First Offender Act.
County means Fulton County , Georgia , and , when used in a geographical sense ,
means the territorial limits of Fulton County , Geo rgia .
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
Growlers).
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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. An
Eating Establishment may be licensed to sell beer , wine and/or liquor but must derive a
minimum of fifty percent (50%) of its total annual gross food and beverage sales from the
sale of prepared meals or food as required by state law . For brewpubs or other eating
establishments that also sell beer and wine by the package , neither barrels of beer sold
to licensed wholesalers pursuant to state law , package sales of beer and/or wine shall be
used when determining the total annual gross food and beverage sales .
Entertainment or Live Entertainment means music, comedy, readings, dancing ,
acting , organized fighting , or other entertainment, excluding adult entertainment ,
performed on the premises of a licensed establishment. This classification includes
dancing by patrons to live or recorded music .
Events Facility shall have the same meaning as "assembly hall" or "rural or
agricultural event facility" as set forth in Chapter 64-1 . Any establishment licensed as an
Events Facility shall not provide Adult Entertainment either regularly or occasionally ; nor
shall any such establishment operate as a Bar or Nightclub .
Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by
state law . Provided that a license is issued as required by the state and under this
Chapter , a Farm Winery licensed by the City is authorized to sell Georgia wine at its
premises by the package or for consumption on-premises as authorized by Georgia law.
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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.
Fix ed 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 cafe patrons
collectively within a building , courtyard , or other contiguous space .
Food Hall Cafe means a food and/or beverage vendor located within a Food Hall. A
Food Hall Cafe 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.
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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 Crow/er 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/Crow/er Shop means a retail establishment that only sells craft beer or wine
or wine-based beverages in Growlers or Crawlers for off-premise consumption and no
other alcoholic beverages . Establishments licensed as Growler/Crawler Shops are not
authorized to sell liquor and may not sell beer or wine for consumpt ion on premises .
Growler/Crawler 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/Crawler Shops are eligible to apply for an Ancillary
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 th is definition for
Hotels shall be classified in the same category as Hotels.
Incidental 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 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.
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Licensee means a person , real or artificial , to whom a license is issued or, in the case
of a partnership or corporation , the term includes both the partnership or the corporation
and the individual designated by such legal entity to serve as its license representative.
Licensee Agent means an individual person designated by a partnership or
corporation to act as its representative/applicant and on its behalf on all matters related
to the alcohol license. A Licensee Agent must have sufficient involvement with the
partnership or corporation to have supervisory authority over the day -to-day operations
of the licensed premises. For the purposes of this Chapter, any reference to the term
Applicant or Licensee also includes the Licensee Agent.
Limited Tap License means an on -premise alcoholic beverage license for an
establishment that does not sell food prepared on the premises and that provides a limited
selection of craft beers on tap for consumption on premises only . An establishment with
a Limited Tap License is limited to having five (5) or fewer beer taps. Establishments with
a Limited Tap License must limit consumption for any individual to a maximum of 48
ounces within a calendar day and must obtain approval from the Fire Marshall and
Building Official in accordance with applicable codes .
Liter means the metric measurement currently used by the United States.
Liquor. For purposes of this Chapter , the term Liquor may be used interchangeably
with the terms Distilled Spirits and Spirituous Liquor and will be deemed to have the same
meaning .
Live Entertainment or Entertainment means music , comedy , readings, dancing,
acting , organized fighting , or other entertainment , excluding adult entertainment,
performed on the premises of a licensed establishment. This classification includes
dancing by patrons to live or recorded music.
Major Shareholder means a person that owns or controls a 20 percent (20%) or more
interest in a business establishment.
Malt Beverage means any alcoholic beverage obtained by the fermentation of any
infusion or decoction of barley , malt , hops , or any other similar product or any combination
of such products in water , containing not more than 14 percent (14%) alcohol by volume
and including ale, porter, brown , stout, lager beer, small beer , and strong beer . The term
does not include sake , also known as Japanese rice wine , which shares a similar
manufacturing process to beer and malt beverages but which typically has more than 14
percent (14%) of alcohol by volume. The term Malt Beverage is used interchangeably
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 :
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1) In the case of distilled spirits or liquor, any person engaged in distilling, rectifying,
or blending any distilled spirits; provided that a vintner that blends wine and distilled
spirits to produce a fortified wine shall not be considered a manufacturer of distilled
spirits or liquor; but will be considered a vintner;
2) In the case of beer , any brewer; and
. 3) In the case of wine, any vintner.
Micro-Brewery means a small-scale establishment in which not more than 15,000
barrels of craft beer are manufactured or brewed in a calendar year . Microbreweries
sell to the public through wholesalers or directly to the consumer through carry-out
package and/or on-site tap-room or tasting room sales. Microbreweries must comply
with state law restrictions related to the quantities of alcoholic beverages that may be
sold directly to the consumer at retail.
Micro-Distillery means a small-scale establishment in which not more than 15 ,000
barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to
the public through wholesalers or directly to the consumer through carry-out package
and/or on-site tasting room sales . Micro-distilleries must comply with state law
restrictions related to the quantities of alcoholic beverages that may be sold directly to
the consumer at retail.
Nightclub means an establishment whose primary business is the prov1s1on 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 Growlers, 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.
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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 prov ided, 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 Growler 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 cafe , 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 ;
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3) Owns , hires, or leases a building or space within a building for the reasonable use
of its members with :
a) A suitable kitchen and dining room space and equipment; and
b) A sufficient number of employees for cooking, preparing and serving meals
for its members and guests;
4) Has no member , officer, agent , or employee directly or indirectly receiving, in the
form of salary or other compensation , any profits from the sale of alcoholic
beverages beyond a fixed salary .
Registered Agent means a natural person age 21 years or older and residing in Fulton
County , or any county that borders Fulton County, who is designated by a licensed
establishment to receive service of process on its behalf. Notice or demand required or
permitted by law or under this Chapter may be served upon the Licensee , registered
agent , or owner.
Restaurant means any public place kept , used , maintained, advertised , and held out
to the public as a place where meals are actually and regularly served to patrons , without
sleeping accommodations , including a cafeteria , with such place being provided with an
adequate and sanitary full service kitchen and dining room equipment, having employed
therein a sufficient number and kind of employees to prepare, cook, and serve suitable
food for its patrons . At least one (1) meal per day shall be served at least six (6) days per
week, with the exception of holidays, vacations , and periods of redecorating, and the
serving of those meals shall be a principal portion of the business conducted, with the
serving of alcoholic beverages as only incidental thereto. The restaurant seating area
must be at least 40 percent (40%) of the gross square footage of the restaurant facility .
Seating space located outside of the main structure (i.e . patios, decks , etc .) shall not be
included in calculating seating space . In order to be considered a "full service " restaurant ,
the business must also meet the requirements of an Eating Establishment. A restaurant
that does not meet the requirements of an Eating Establishment under state law may be
licensed as a "limited service " restaurant, but must still derive at least 30 percent (30%)
of its total annual gross food and beverage sales from the sale of prepared meals or food.
Unless otherwise permitted by state law, limited service restaurants do not qualify to sell
alcoholic beverages on Sundays .
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 .
13
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 License means an alcoholic beverage license 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.
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)
14
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.
Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm
Winery by providing samples of such wine to the public and for the sale of such wine at
retail for consumption on-premises and for sale in closed packages for consumption off-
premises . Samples of wine may be given complimentary or for a fee .
Tax means the tax imposed by the City upon any dealer in alcoholic beverages for
each calendar month of the year.
Temporary Alcoholic Beverage License means a license provided to an applicant that
applies for an alcoholic beverage license, complies with the requirements set forth in this
Chapter , and who, in the City Manager's discretion , appears to meet the criteria for
receiving a license. Temporary licenses are intended to aid the applicant in opening for
business within a short time after passing all required inspections. A temporary license
is only valid for 90 days and may be revoked at any time .
Underage Person means an individual who is less than 21 years of age .
Vendor means any establishment licensed to provide or sell alcoholic beverages at
retail under this Chapter .
Wholesaler or Wholesale Dealer means any person that sells alcoholic beverages to
other wholesale dealers , off-premise retail dealers , or on-premise consumption retailers.
Wine or Vinous Beverage means any alcoholic beverage containing not more than
24 percent (24%) alcohol by volume made from fruits, berries, grapes, or honey either by
natural fermentation or by natural fermentation with brandy added . These terms include ,
but are not limited to, all sparkling wines , champagnes , combinations of such beverages ,
vermouths , and special natural wines, rectified wines, other like products , and Sake ,
which is an alcoholic beverage often manufactured through a process 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.
15
Wine Market shall have the same definition as set forth in the definition for Craft Beer
and/or Wine Market.
Sec. 4-3. -Jurisdiction.
This Chapter shall apply to the corporate limits of the City and outside the City limits
in all territories to which the jurisdiction of the City extends .
Sec. 4-4. -Severability.
If any provision, clause , sentence or paragraph of this Chapter , or the application
thereof to any person or circumstances , shall be held invalid and unconstitutional , such
invalidity shall not affect the other provisions or application of the provisions of this
Chapter which can be given effect without the invalid provisions or application and , to this
end , the provisions of this Chapter are hereby declared to be severable .
Secs. 4-5 -4-9 Reserved.
ARTICLE 11. -LICENSING0
Footnotes:
---(2) ---
State Law Reference-powers of local governing authorities as to granting , refusing ,
suspension or revocation of licenses generally , O .C .G.A. § 3-3-2; display of license ,
O .C .G.A. § 3-3-3; local authorization and regulations for manufacture , distribution , and
package sales of distilled spirits, sales near churches , schools, O .C.G .A. § 3-3-21;
O.C .G .A. § 3-3-40 et seq.; maximum license fee for distilled spirits , O .C .G .A. § 3-4-48;
local licenses for sale of distilled spirits by the drink , O .C .G .A. § 3-4-110 ; local license
requirements and regulations for manufacture , distribution, and sale of beers, O.C.G.A.
§ 3-5-40 et seq .; municipal licenses for the sale of beers, O .C .G.A. § 3-5-42 ; restrictions
on wholesale license fee , O.C.G.A. § 3-5-43 ; O.C .G.A. § 3-7-40 local licensing
requirements for the sale of wine , O.C.G.A. § 3-6-40 ; local authorization and regulation
of the sale of alcoholic beverages in private clubs , O.C .G .A. § 3-7-40 et seq.; false
swearing , O.C.G .A. § 16-10-71
DIVISION 1. -GENERALLY
Sec. 4-10. -License is a privilege.
(a) Granted by City Council. Alcoholic beverages may be sold, provided or consumed
to or by the public in the City under a license granted by the city council or its
designee upon the terms and conditions provided in this Chapter.
16
(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 reta il), 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
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 individ ual employed
by such owner, tenant or business who is present at the time when alcoho lic
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.
17
(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 .
(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
agents and employees selling alcoholic beverages shall at all times be familiar with the
relevant terms of this Chapter .
Sec. 4-15. -Joint responsibility.
Each partnership, corporation or entity shall be jointly responsible for the actions of
its named licensee , its employees while acting in the scope of their employment , and the
conduct of the licensed business.
Sec. 4-16. -Effect on licenses held at time of adoption .
All licensees holding a valid license for the manufacture , sale or provision of alcoholic
beverages issued by the City at the time of the enactment of the ordinance from which
this Chapter derives shall be deemed to have complied with all requirements as to
application and issuance of licenses under this Chapter for the year of issuance . The
licensees shall , however, meet all other requirements as to regulation and control as set
forth in this Chapter.
Secs . 4-17 -4-19. -Reserved.
18
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
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
19
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;
2) Bona fide private clubs , subject to licensing under this Chapter; and
3) Licensees for the retail sale of alcoholic beverages for consumption on-
premises only.
(c) For purposes of this Section , distances shall be measured by the most direct route
of travel on the ground .
(d) As used in this subsection , the term "housing authority property" means any
property containing 300 housing units or fewer owned or operated by a housing
authority created by Article 1 of Chapter 3 of Title 8 , the "Housing Authorities Law."
(e) No person knowingly and intentionally may sell any alcoholic beverages for
consumption on the premises within 100 yards of any housing authority property .
(f) Distance requirements for the sale of alcoholic beverages, and the manner in
which distances shall be measured, shall be governed by state law .
(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.
20
(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 :
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 ;
21
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
of residence. The City Manager may also require a Criminal History Consent Form
and/or an Affidavit of Criminal History to be completed and submitted by any
individual.
(d) It shall be prohibited for any City employee directly involved in the issuance of
alcoholic beverage licenses under this Chapter to have any whole , partial , or
beneficial interest in any license to sell alcoholic beverages in the City.
(e) No license for alcoholic beverages issued pursuant to this Chapter shall be granted
to any person who has had any alcoholic beverage license issued by any
jurisdiction within the state revoked within two (2) years prior to the filing of the
application.
(f) The City Manager or City Council may decline to issue an alcoholic beverage
license when any person having any ownership interest in the operation of such
place of business or having control over such place of business does not meet the
same character requirements as set forth in this section for the licensee .
(g) Corporate or business applicants shall be of good business reputation.
(h) An alcoholic beverage license application may be denied to any applicant for any
alcoholic beverage license where it appears that the applicant would not have
22
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 applicanULicensee 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 .
Where there is a pending application for a new licensee or a change of ownership
for a business that is to be located in premises that have been licensed within a year prior
to the pending application , the new applicant may continue to sell alcohol in the same
capacity as previously licensed pursuant to a management agreement with the existing
licensee for a maximum period of 30 days beyond the sale or transfer of the licensed
premises. However, the 30 days of operation under the management agreement shall be
counted as the first month of sales for the purposes of calculating the alcohol license fees
that are due . If a violation of this Chapter occurs during the 30 days that the business is
operating under a management agreement pursuant to this section , both the prior
licensee and the new applicant can be charged and held liable. Moreover, any such
violation may serve as grounds for denial of the new license.
Secs. 4-26 -4-29 -Reserved.
DIVISION 3 -APPLICATION REQUIREMENTS
Sec. 4-30. -Application requirements.
(a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a
BYOB License or any other license provided for in this Chapter shall make an
application on the form prescribed by the City Manager or his or her designee.
23
(b) Contents . The appl ication shall include , but not be limited to :
1) The name and address of the applicant/Licensee Agent ;
2) The proposed business to be carried on and type of license desired ;
3) If a partnership , the name and residence address of each partner;
4) If a corporation , the names of the officers ;
5) The name and address of the registered agent for the service of the
process ;
6) The name of the manager;
7) The names of all shareholders holding more than 20 percent (20%) of any
class of corporate stock , or any other entity having a financial interest in
each entity which is to own or operate the establishment for which a license
is sought ; and evidence of compliance with any prior notice requirements ,
including but not limited to O .C .G .A. § 3-4-27 where applicable.
(c) Financial information . All applicants shall furnish such financial and other
information and records as may be required by the City Manager to ensure
compliance with the provisions of this Chapter. Failure to furnish information and
records pursuant to such request shall automatically serve to dismiss the
application with prejudice .
(d) 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) Survey. Except for businesses that meet the definition of an eating establishment,
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
24
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) 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) 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 information , and
each applicant further waives any liability of the City or its agents for obtaining and
using such information .
(h) License fees . The application shall be accompanied by the prerequisite application
non -refundable processing fee and license fee(s) as established by the City
Council. Except for applications for special event alcohol licenses , 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 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 consumpt ion 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.
25
Sec. 4-32. -Accurate application required; consequences for false or misleading
statements or omissions.
An applicant shall provide complete and accurate information in support of an
application. Any material omission , false or misleading information contained in or omitted
from an original , renewal or transfer application for an alcoholic beverage license under
this Chapter shall be cause for the denial thereof and , if any license has previously been
granted , such circumstances shall constitute cause for revocation.
Sec. 4-33. -Registered agent required.
All licensed establishments must have and continuously maintain in Fulton County ,
or any county that borders Fulton County , a registered agent upon whom any process ,
notice or demand required or permitted by law or under this Chapter required to be served
upon the licensee or owner may be served. This person must be a resident of one of the
aforesaid counties . The licensee shall file the name of such designated reg istered agent ,
along with the written consent of such individual to serve as the registered agent for the
licensee , with the City Manager on such form as he or she may prescribe .
Sec. 4-34. -Non-refundable processing fees .
Each application or renewal for an alcohol license under this Chapter shall be
accompanied by non-refundable processing fees in an amount to be determined by the
City Council to defray processing , administrative , and investigative costs . Processing fees
shall be paid at the time the application is filed. Any person applying for more than one
(1) license on a given application , to the extent that such is authorized by the City
Manager, shall pay only one (1) set of processing fees .
Sec. 4-35. -Withdrawal by applicant; refund of license fee deposit.
(a) Any license application made pursuant to this Chapter may be withdrawn by the
applicant at any time .
(b) If the application is withdrawn before the license is issued , any sums deposited as
license fees will be refunded (without interest), less non-refundable processing
fees . After issuance of the license , no refund will be made . No refunds shall be
made under any circumstances for investigative and administrative expenses
required in this Chapter .
(c) No license shall be issued 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
26
to be operated due to any action taken by the City beyond the licensee's control
(excluding a suspension , revocation or other disciplinary action ). If a refund is
approved by the City Council , the refund shall be calculated as follows :
1) Three -fourths of the license fee if the licensee goes out of business during
the first quarter of the calendar year .
2) One-half of the license fee if the licensee goes out of business during the
second quarter of the calendar year .
3) One-fourth of the license fee if the licensee goes out of business during the
third quarter of the calendar year.
4) No refund if the licensee goes out of business during the fourth quarter of
the calendar year.
Secs . 4-36 -4-39 Reserved.
DIVISION 4 -GRANT OR DENIAL OF APPLICATIONS; APPEALS
Sec. 4-40 . -Consideration of applications by Chief of Police and City Manager.
(a) Chief of Police . Each application for an alcoholic beverage license shall be referred
to the Chief of Police or his or her designee for investigation . The Chief of Police
or his or her designee shall report the findings to the City Manager . Such findings
shall include a recommendation as to the qualifications of the applicant.
(b) City Manage r . The City Manager shall have the authority to :
(1) Request additional written or investigative information from the applicant or city
staff deemed necessary to consider an application prior to a decision ;
(2) Grant an applicant a Temporary Alcoholic Beverage License or Special Event
Alcohol License , consistent with the provisions of this Chapte r;
(3) Submit an applicant's completed license application to the City Council for
hearing , along with a recommendation for approval ;
(4) Submit an applicant's request for "Conditional approval for completion of
proposed licensed premises ", in accordance with Sec. 4 -43 of this Chapter, to
the City Council for hearing , along with a recommendation fo r 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
27
provisions of this Code ; shows the appl icant , location , or application would not
qualify under State law or Georgia Department of Revenue Regulations ; or for
other due cause ; and
(6) Receive and submit an applicant's appeal of the City Manager's decision to
deny the application to the City Council for hearing , along with a copy of the
City Manager's decision ; and
(7) Receive an applicant 's appeal of the Police Chief's decision to deny an
alcohol/server permit under Section 4 -122(d) and submit such appeal to the
City Council for hearing , along with a copy of the Police Chief's decision .
(8) With the exception of Temporary Alcoholic Beverage Licenses or Special Event
Alcohol Licenses , 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 . Delivery shall
be deemed to take place on the third day following deposit in the United States
mail.
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(c) During or following the hearing , the City Council may:
(1) Request additional written or investigative information from the applicant , City
Manager, or City staff deemed necessary to consider an application prior to
a decision ;
(2) Consider an application recommended for approval by the City Manager and
render a final determination approving or denying the application ;
(3) Hear any appeal from a decision of the City Manager to deny an application
and render a final determination upholding or overturning the City Manager's
decision ;
(4) Consider a recommendation from the City Manager to g rant or deny
"Conditional approval for completion of proposed licensed premises "
consistent with Sec 4 -43 of this Chapter and render a final determination .
(5) Deny any application on the grounds that it is incomplete , fails to show the
applicant has satisfied the qualifications set forth in this Chapter or other
provisions of this Code ; shows the applicant, location or application would not
qualify under State law or Georgia Department of Revenue Regulations ; or
(6) for other due cause .
(d) Notice Required . The City Council shall provide written notice to any applicant
whose application is denied . Such written notification shall set forth in reasonable
detail the reasons for such denial. Service of such notice shall be by personal
service on the registered agent by the Police Department or Code Enforcement
Officer or other designee of the City Manager. If personal service fails , the notice
shall be mailed by certified mail to the registered agent at the address provided
and to the named licensee at the licensed premises . Delivery shall be deemed to
take place on the third day following deposit in the United States mail.
(e) Appeal. Any decision by the City Council denying an application shall be final
unless the applicant applies to the Superior Court of Fulton County by filing a
petition for writ of certiorari within 30 days of the decision rendered by the City
Council.
(f) Reapplication permitted after one (1) year. In all instances in which denial of an
application is final under the provisions of this Chapter, the applicant may not
reapply for a license for the same location for at least one (1) year from the date
of such final denial.
(g) Return of license fee upon denial. If the application is finally denied , and the
applicant did not temporarily operate licensed premises under any provision of this
29
Chapter , the license fee , if paid at the time of application, shall be refunded .
However, non-refundable processing fees and Temporary License fees will not be
refunded . If the applicant operated on prior licensed premises under Section 4-25
of this Chapter while the application was pending , and the application is denied ,
the applicant shall be entitled to a pro rata refund of the license fee , if a license fee
was paid at the time of application .
Sec. 4-42. -Exercise of Discretion.
(a) The City Manager and City Council , in their discretion , shall consider the evidence ,
including any extenuating, aggravating or mitigation facts or circumstances that
may affect or reflect upon the applicant , the application, and/or the proposed
location of the business in light of this Chapter .
(b) If, after consideration of the evidence, the City Council determines that stipulations
or conditions should attach to a decision to approve an application , the City Council
shall provide for such conditions in its action .
(c) In addition to all other authority to grant or deny a license , any application for a
license may be denied by the City to safeguard the health , safety and welfare of
the community. In making such a determination , the City Council shall assess the
extent to which the granting of the license or the continued holding of the license
would contribute to issues , including but not limited to , littering , loitering or public
consumption of alcoholic beverages in the area of the establishment, and the
exposure of minors to the sale of alcoholic beverages because of the number of
minors who frequent the establishment.
Sec. 4-43. -Conditional approval prior to completion of proposed licensed
premises.
If a building in which a holder of an alcoholic beverage license intends 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 Council 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 .
30
(a) All licenses granted under this Chapter shall expire on December 31 of each year.
Licensees shall be required to file a renewal application accompanied by the
requisite fee with the City Manager on the form provided for a renewal license for
the ensuing year .
(b) The Applicant for renewal shall be required to comply with all rules and regulations
for the granting of licenses each year , including the submittal of the required
forms , reports or other requested data establishing compliance with criminal
history requirements of this Chapter .
(c) Alcoholic beverage license renewal applications and payments are due on or
before November 15 of each year. Renewal applications and payments received
between November 16 and December 15 are subject to a ten percent (10%) late
fee , plus interest.
(d) Licensees failing to renew their alcoholic beverage licenses on or before
December 15 must reapply for an alcoholic beverage license. In such cases, the
application will be treated as if no previous license had been held , including the
need to review the investigative , zoning , and distance requirements . Under this
situation , the Applicant shall be required to pay the ten percent (10%) penalty ,
plus interest , along with other fees associated with a new application .
The City shall not be responsible for the consequences of delays in the issuance of
any license under this Chapter.
Sec. 4-51. -Automatic forfeiture of license for nonuse.
(a) All holders of licenses under this Chapter must , within six (6) months after the
issuance of said license , open for business the establishment referred to in the
license . Failure to open the licensed establishment within six (6) months after the
issuance of such license shall serve as cause for the revocation of such license,
and no refund of license fees or other related fees shall be made. A three-month
(3) extension to the original six-month (6) period may be granted by the City
Manager if requested within the said six-month (6) period in compliance with other
sections of this Chapter.
(b) Any Licensee under this Chapter who shall for a period of three (3) consecutive
months after the license has been issued cease to operate the business and sale
or service of the products authorized shall automatically forfeit the license without
the necessity of any further action .
Sec. 4-52. -Transferability of license.
No alcoholic beverage license shall be transferable, except as otherwise provided in
this section.
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(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 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 .
(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 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 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 .
32
(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 , hearing , and appeal rights as more specifica ll y
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 follow ing :
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 ;
33
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 a lcohol 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 ;
1 0)Where a licensee has failed to file necessary reports, failed to cooperate
in any matter related to the license , failed to pay any fee , license fee , tax ,
fine or other amount due to the City under this Chapter or any other
licensing ordinance of the City , has failed to file a required return or to
pay taxes imposed , or has failed to maintain any and all of the general
qualifications applicable to the initial issuance of a license as set forth in
this Chapter ;
11) Where a licensee , or such licensee 's employee or agent , has served or
sold any alcoholic beverage to any person that the licensee or the
licensee's employee or agent knew or should have known to be under
the age of 21 years ;
12)Where a licensee, or such licensee 's employee or agent , has served or
sold any alcoholic beverage to any person that the licensee or the
licensee's employee or agent knew or should have known to be in a state
of intoxication at the time of service ;
13)Where a licensee , or such licensee 's employee or agent, has allowed any
person to consume alcohol pursuant to a BYOB license when the licensee ,
licensee 's employee or agent knew or should have known that such person
was in a state of intoxication ;
14)Where a licensee has violated any other law , ordinance or regulation
governing the operation of establishments licensed to sell alcoholic
beverages or which is reasonably related to the operation of such
establishments ;
15)Where a licensee , or such licensee's employee or agent, has violated any
other provision of this alcoholic beverage Chapter or state law ;
16)Where a licensee or an individual or person with 20 percent (20%) or more
ownership in the entity , or any officer or director of the licensee shall have
a conviction for any of the following subsequent to issuance of the license :
moral turpitude , illegal gambling , felony possession or sale of controlled
34
substances , illegal possession or sale of alcoholic beverages , including the
sale or transfer of alcoholic beverages to minors in a manner contrary to
law; keeping a place of prostitution ; pandering; pimping; public indecency;
prostitution ; solicitation of sodomy ; or any sexually related crime.
17)In addition to all other authority to suspend or revoke a permit or license ,
any license may be suspended or revoked to safeguard the health , safety
and welfare of the commun ity . 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.
35
4) Upon a finding of due cause , the City Manager shall provide written
notice to the licensee , licensee 's employee, and/or licensee's agent ,
as appropriate, setting forth in reasonable detail the facts upon which
due cause exists to take action , the nature of the proposed action, and
advising of the scheduling of a public hearing before the City Council
with a right to present evidence and cross examine witnesses. Such
notice shall be mailed by certified mail to the registered agent at the
address provided , to the named licensee at the licensed premises , and
to any person alleged to have committed the violation . Delivery shall
be deemed to take place on the third day following deposit in the United
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.
36
(e) Reapplication permitted after one (1) year. In all instances in which a license is
revoked , the licensee may not reapply for a license for the same location for at
least one (1) year from the date of such final denial.
(f) No return of license fee upon revocation . If the license is revoked , the licensee
shall not be entitled to the return of all , or any portion of, the license fee.
Sec. 4-63. -Exercise of discretion; consideration of mitigating factors.
(a) Nothing in this Section shall be deemed to require suspension or revocation of a
license, and each violation should be considered at the discretion of the City
Council on a case by case basis. The City Manager and City Council, in their
discretion , shall consider the evidence , including any extenuating , aggravating or
mitigation facts or circumstances that may affect or reflect upon the applicant, the
application, and/or the location of the business in light of this Chapter.
(b) Penalties for the licensee may be mitigated by the City Council upon presentation
of evidence that the licensee established practices and procedures to prevent the
violation from occurring . Such mitigating factors may include:
1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop by
the licensee and/or managers ;
2) Implementation and components of written policies ;
3) Evidence that employees have or do not have alcohol seller/server permits ;
4) Evidence that the licensee conducts its own "secret shopper" or internal
"sting" operations and the results therefrom;
5) Implementation and components of an employee training program ;
6) Length of time in business ;
7) Whether the ID was requested ;
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
1 0)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 .
37
Sec. 4-64. -Consideration of progressive actions; mandatory penalties for sale or
service to persons under 21; criminal penalties.
(a) If a licensee is found to have violated any provision of this Chapter, excluding
selling or serving underage persons , the City shall ordinarily give consideration to
the following progressive actions :
1) The first alleged violation in a 12-month period shall result in a mandatory
hearing before the City Council and the issuance of a warning or a license
suspension for a period of up to thirty (30) days if the violation is sustained.
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
38
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 lock ing mechanism , all refrigeration units
containing alcoholic beverages , and remove non-refrigerated alcoholic beverages
to an on-premises locked storage area or otherwise secure such beverages so
that they are out of view and access of the public .
(e) Actions taken by the City Council shall be in addition to any cr iminal 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 Ill. 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 (1) 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 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 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 Licensees that would also like
39
to sell wine by the package , and other general package establishments not
specifically prohibited or specifically provided for under this ordinance .
Package wine license holders may not hold a BYOB License .
3) Retail Package Distilled Spirits License : Allows retail sale of distilled spirits
in the origina l package . This category of license shall only be available to
be issued to an Off-Premise distilled spirits retailer , distillery or micro -
distillery . On -Premise Consumption Licensees are prohibited from selling
or providing distilled spirits in the original package to patrons , except for
distilleries and micro -distilleries .
(b) On-Premise Licenses . Applicants that satisfy the applicable zoning and distance
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) Beer/Wine/Liquor COP License: Allows retail sale of beer , wine , and liquor
for consumption on -premises . Th is license type would be available to the
following types of qualified establishments : 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 Service Restaurants ,
Restaurants , Private Clubs , Sports Clubs , and other establishments not
prohibited under this Chapter.
2) 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 : 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.
3) Limited Bee r and/or Wine COP License : Allows limited sales and/or
consumption of alcoholic beverages on premises as governed by
corresponding specific sections of this Chapter. These licenses include
Ancillary Licenses , BYOB Licenses , Incidental Licenses , Limited Tap
Licenses , as set forth in Section 4-78 , and any other limited service
licenses that may be approved by the City .
(c) Hybrid and Other Licenses/Permits. Applicants that satisfy the applicable
zoning and distance requirements may apply for the following other licenses:
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
40
(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 an on-premise consumption
retailer qualified under state law to deliver and serve alcohol at special
events, private functions, and other establishments . This license does not
eliminate the need for a Special Events Alcohol License if otherwise
required by this Chapter .
3) 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 .
4) 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 license . 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.
5) Craft Beer and/or Wine Market : Hybrid license allows an establishment
that satisfies the definition and requirements of a Craft Beer and/or Wine
Market to sell beer and/or wine both by the drink for consumption on-
premises as well as by the package for consumption off-premises. Holders
of this license :
a) Shall offer a minimum of fifty (50) different beer and/or wine
selections.
b) May sell craft beers and wines for consumption on-premises
and/or package (including Growlers/Growlers), provided
however, the sale and/or consumption of liquor is strictly
prohibited at such locations .
c) Shall be permitted in areas currently zoned to allow for
consumption on-premises .
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d) Shall meet all distance requirements for a consumption on-
premise license as well as an off-premise beer and/or wine
package license .
6) Farm Winery License : Hybrid license allows an establishment that satisfies
the definition and requirements of a Georgia Farm Winery to sell wine
produced in Georgia at its premises by the package or for consumption on-
premises as authorized by Georgia law .
7) 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 .
8) Manufacturer's License : Applies to breweries, distilleries , microbreweries
and micro-distilleries. The fees for such licenses will be set from time to
time by the City Council.
9) Grand Opening/Annual Promotion Permit: Any establishment licensed to
do business in the City and meeting all other location and service
requirements to be open to the public and serve alcoholic beverages for
consumption on-premises 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 special event.
The establishment must abide by all other provisions of this Chapter,
including prohibitions against providing alcohol to minors and intoxicated
patrons. The establishment may not receive money or donations for the
alcohol served in accordance with such a permit.
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.
10) Temporary Alcoholic Beverage License : Pursuant to Section 4-71 of this
Chapter , 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 .
11) Special Event Alcohol License :
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a) For existing Consumption On-Premise Licensed Establishments : A
Special Event Alcohol License 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 License , 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 License may be authorized , upon
terms and conditions identified by the City Manager , to pour alcohol
at the special event and allow open container consumption within the
fixed boundaries of the physical area where the special event is to
be held .
The event must have been permitted as an approved special event ,
as described in Chapter 64 , prior to the issuance of a Special Event
Alcohol License .
b) For non-profit civic organizations : A Special Event Alcohol License
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 License may be
authorized , upon terms and conditions identified by the City
Manager, to pour alcohol at the special event , sell sealed packaged
beer and/or wine for off-premise consumption , and allow open
container consumption within the fixed boundaries of the physical
area where the special event is to be held . In the event that open
container consumption is so authorized within the fixed boundaries
of the physical area where the special event is to be held , any other
holder of a Consumption On-Premises License whose licensed
premises is located entirely within the fixed boundary of the special
event site shall likewise be authorized to allow open container
alcohol consumption within the special event boundary . This open
container consumption accommodation shall only be authorized , if at
all , during the term of the special event.
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Any employee or volunteer of a non-profit Special Event Alcohol
License , 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.
The special event must meet the following criteria prior to the
issuance of a Special Event Alcohol License :
(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 license.
(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 License 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 License , 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.
4-71. -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.
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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 t ime to time by the City Council.
(d) Ex tension 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, for any
reason , a license is not issued either prior to the expiration of the temporary
license or not issued at all.
Sec. 4-72 -4-74 Reserved.
DIVISION 2. -ADDITIONAL PROVISIONS FOR SPECIFIC LICENSE TYPES
Sec. 4-75 . -On-premise consumption retailers also licensed as off-premise
beer/wine retailers .
On-premise consumption retailers may , subject to the provisions of this Chapter,
obtain a beer and/or wine package license for sales of beer or wine that has been
unopened in the original package. The following shall apply to on-premise consumption
retailers that are also licensed as off-premise beer and/or wine retailers :
(a) Except as provided for by state law , no on -premise consumption retailer shall sell
beer and/or wine by the package for consumption off-premises unless such
licensee also obtains a separate license for beer and/or wine package sales ;
45
(b) Beer and/or wine for consumption off-premises sold in connection with this
Section are 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 ;
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.
(c) 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
"Me riot 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 ;
(d) 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 ;
(e) 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 .
(f) 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 .
Except as otherwise provided by this Code , this Section shall not apply to licensees
for assembly halls/special event facilities , for-profit special events , brewpubs , private
clubs , or any establishment not otherwise licensed for consumption on-premises except
restaurants and eating establishments , includ ing limited service restaurants , regularly
serving prepared food , with a full -service kitchen , prepared to serve food every hour they
are open.
Sec. 4-76. -Growlers or Crowlers.
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(a) The sale of Growlers or Growlers requires a separate Growler/Growler License .
Brewpubs , Craft Beer and/or Wine Markets , Eating Establishments and
Restaurants may also be licensed to sell Growlers or Growlers 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 Growlers .
(b) The filling of Growlers or Growlers by means of a tapped keg shall not constitute
the breaking of a package as contemplated by O .C .G .A. § 3-3-26 or this Section .
(c) Growlers or Growlers may only be filled from kegs procured by the licensee from
a duly licensed wholesaler.
(d) Only professionally sanitized and sealed Growlers or Growlers may be filled and
made available for retail sale .
(e) Each Growler or Growler 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 -77. -Off-premise distilled spirits retailers
(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 ;
2) Retail establishments in which space has been set aside devoted
exclusively to the retail sale of liquor by the package , with ingress and
egress provided directly to and only to the exterior of the building in which
the facility is located and not to any other enclosed part of the building in
which the facility is located.
(b) Nothing in this Section shall prohibit the retail sale within these establishments of
beer , wine , alcohol consumables , liquid commodities and/or mixes normally used
in the preparation and serving of liquor.
(c) Off-premise distilled spirits retailers shall indicate plainly , by tag or labels on the
bottles or containers or on the shelf immediately below where the bottles or
containers are placed , the prices of all liquor exposed or offered for sale . The
retailer shall not display prices or brand names in such a way as to be visible from
the outside of the establishment.
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Sec. 4-78. -Limited service on-premise licenses.
Certain establishments may be qualified to obtain licenses that allow for limited service
of certain alcoholic beverages as follows :
(a) Ancillary Beer and/or Wine Tasting License . The holder of an off-premise beer
only , wine only , or beer and wine retail license , may be eligible for an ancillary
beer and/or wine tasting license to provide samples of the beer and/or wine it
offers for sale by the package to patrons upon meeting all of the requirements
specified in this Chapter and paying the required fees. Holders of off-premise
liquor licenses are not eligible for an ancillary beer and/or wine tasting license. An
Ancillary 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
of a beer and/or wine 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) Beer and/or wine sampling for patrons shall not exceed two (2) ounces per
sample , and no patron shall consume more than eight (8) ounces in any
two-hour (2) period .
4) Beer and/or wine bottles shall be opened only by the licensee or an
employee , and samples shall only be poured by the licensee and/or an
employee .
5) No open containers of beer and/or wine shall be removed from the licensed
premises .
6) The holder of an Ancillary Beer and/or Wine Tasting License may conduct
educational classes and sampling for classes. All conditions of sampling
set forth in this Section shall apply to such classes , except for the limitation
on floor areas where the classes can be conducted .
7) Beer and/or wine sampling and tasting is permitted within the enclosed
portion of the premises . Beer and/or wine 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
48
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.
(b) "Bring Your Own Beverage " (BYOB) 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 do not 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 :
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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 .
ix . No person under the age of 18 shall work in an establishment with
a BYOB license.
(c) Craft Beer and/or Wine Market License . A Craft Beer and/or Wine Market License
is available to a qualified establishment upon a successful 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 :
1) The establishment must meet the quantity restrictions and/or requirements
as set forth in this Chapter and specified by state law .
2) The primary purpose of the establishment must be the package sale of
craft beers and/or wine for consumption off-premises.
3) The sale or provision of liquor is strictly prohibited .
50
4) Sales of craft beers and wines may be for consumption on-premises and/or
package (including Growlers or Crawlers), provided however, the sale
and/or consumption of liquor is strictly prohibited at such locations.
Although a Craft Beer and/or Wine Market is required to apply for a
Growler/Crawler License in order to sell Growlers or Crawlers, the license
fees for any such Growler/Crawler License will be waived for such
establishments.
5) 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.
6) 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 Crawlers or packaged beer.
7) No open containers of beer or wine shall be removed from the licensed
premises unless otherwise specifically permitted by this Chapter.
8) The sale of food is expressly permitted in a Craft Beer and/or Wine Market
provided all applicable laws and regulations are complied with.
9) Craft Beer and/or Wine Markets shall not open before 11 :00 a .m. Monday
through Saturday and shall close by 10 :00 p.m . Monday through Saturday .
Sunday sales , if licensed , shall be permitted for package sales (but not
consumption sales) of craft beer and wine between the hours of 12:30 p.m .
and 10:00 p .m . Craft Beer and/or Wine Markets may allow consumption
on-premises between the hours of 11 :00 a .m. and 10 :00 p .m. Monday
through Saturday.
(d) Incidental License. An Incidental License is available to a qualified establishment
upon a successful application and payment of appropriate fees to allow beer
and/or wine consumption 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 .
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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 License is not eligible to also hold a
package or BYOB license .
(e) Limited Service Restaurant License. A Limited Service Restaurant License is
available to a qual ified establishment upon a successful application and payment
of appropriate fees to allow beer, wine , and/or liquor consumpt ion at any
establishment that meets all of the requirements of a restaurant but does not meet
the requirements of an eating establishments . A Limited 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 Service Restaurant do not qualify
to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales
License except as permitted under state law .
(f) 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.
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6) A Limited Tap Establishment is not eligible to also hold a package or BYOB
License .
For each license or permit type described herein , there will be an application process
and annual fee to obtain such license or permit as set forth from time to time by the City
Council.
Sec . 4-79. -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 condit ions :
(a) No individual or person shall be permitted to own or operate a brewpub without
first obtaining a proper Brewpub License from the City Council and payment of
appropriate fees pursuant to the procedures set forth in this Chapter , and each
Brewpub Licensee shall comply with all other applicable state and local license
requirements .
(b) In calculating the total annual gross food and beverage sales for any such
establishment for the purpose of determining whether the establishment
constitutes an eating establishment as defined herein and by state law , neither
barrels of beer sold to licensed wholesale dealers for distribution to retailers , as
authorized pursuant to O .C .G .A. § 3 -5-36(2)(0), or retail sales by the package or
Growler or Crawler, shall be included.
(c) A brewpub licensed under this Chapter may secure an additional and separate
license for 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.
(d) A brewpub license authorizes the holder of such license to :
(1) Manufacture on the licensed premises not more than 10 ,000 barrels of
beer in a calendar year;
(2) Sell directly to the public on its licensed premises up to 3 ,000 barrels of
beer manufactured on such licensed premises per year provided that any
such sales by the package directly to consumers shall not exceed a
maximum of 288 ounces per consumer per day .
(3) Operate a restaurant that shall be the sole retail outlet for such beer
provided directly for on -premise consumption (not through a wholesaler).
Such outlet may offer for sale any other alcoholic beverages produced by
other manufacturers which are separately authorized for consumption on-
53
premises by this Article , including beer, wine and liquor, provided that such
alcoholic beverages are purchased from a licensed wholesaler for
consumption on-premises only; and , provided , further, that in addition to
draft beer manufactured on the premises , each brewpub licensee shall
offer for sale commercially available canned or bottled beer from licensed
wholesalers for consumption on -premises only.
(4) Such retail sales are permitted on the days and at the times that the retail
sale of beer for consumption on-premises or by the package , as
applicable , is authorized for other retailer licensees under this Chapter.
Under no circumstances shall such beer be sold by a licensed brewer to
a licensed retailer or on-premise consumption retailer for the purpose of
resale .
(5) Notwithstanding any other provision of this Section , the holder of a
brewpub license is authorized to sell up to a maximum of 5 ,000 barrels
annually of beer manufactured on the premises to licensed wholesale
dealers for distribution to retailers and on-premise consumption retailers .
(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.
(g) A Brewpub Licensee shall pay all state and local license fees and excise taxes
applicable .
(h) For the purposes of this Section , the term "barrel" means 31 gallons of beer.
(i) Except as set forth in this Section , a Brewpub License holder shall be subject to
all provisions of this Chapter .
Sec. 4-80. -Private clubs .
(a) Private clubs may sell and dispense alcoholic beverages upon compliance with
all applicable City ordinances and regulations governing the sale of such
beverages and upon payment of such license fees and taxes as may be required
by the existing ordinances , rules and regulations of the City.
(b) 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
54
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. 4-81. -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
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
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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.
(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.
Sec. 4-82 -Alcoholic beverage caterers.
(a) License and permit requirements for resident alcoholic beverage caterers.
1) Any food caterer 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. Any on -
premise consumption retailer applying for an Alcoholic Beverage Catering
License shall be limited to a catering license for the same class of alcoholic
beverages as the retailer 's current on-premise license .
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
56
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 license and event permit as
provided herein and as regulated by state law and the Georgia Department of
Revenue.
(c) Catered Event Permit Approval. In order to distribute or sell beer , wine or liquor
to or at a catered function within the City , a licensed alcoholic beverage caterer
shall file an application for a Catered Event Permit with the City Manager. 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 . For non-resident caterers, the fee for each permit shall be established
from time to time by the Mayor and City Council as authorized by O.C.G .A. § 3-
11-3 (or such fee as may be authorized by any future amendment or revision
thereto).
(d) A copy of the local and state Alcoholic Beverage Catering Licenses as well as the
original Catered Event Permit shall be kept in the vehicle transporting the
alcoholic beverages to the catered event or function .
(e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute , sell ,
or otherwise dispense alcoholic beverages off-premises except as authorized by
the Alcoholic Beverage Catering License and Catered Event Permit. A licensed
alcoholic beverage caterer may sell or otherwise dispense only that which is
authorized by its alcoholic beverage license. For example , if the alcoholic
beverage caterer possesses a valid license to sell beer, it may sell or otherwise
dispense only beer at the authorized catered event or function .
(f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all
state and local laws , age restrictions , and must obtain a server/seller alcohol
permit required for alcohol.
(g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function
on Sunday must possess a valid Sunday sales license and comply with the
requirements of state law with respect to the service of alcoholic beverages on
Sunday.
(h) Excise taxes are imposed upon the sale of alcoholic beverages by resident
caterers as provided in this Chapter . Excise taxes are imposed upon the total of
individual alcoholic beverages served by a non-resident caterer in the amount set
57
forth in this Chapte r and shall be paid within 30 days after the conclusion of the
catered event or function .
Sec . 4-83. -Special events facility license.
(a) Where staff for a special events facility , or contractors hired by that facility who
are not separately licensed caterers , will be dispensing or serving alcohol , the
special events facility must obtain a separate license for on-prem ise consumption .
(b) Where a caterer is hired and separately licensed , and where that caterer will be
the only entity dispensing or serving alcohol , the special events facil ity need not
obtain a separate license for on -premise consumption .
(c) In order to be eligible for a consumption on -premises license , a special events
facility must:
1) Be available to public or private groups of persons ;
2) For monetary consideration on a rental , fee , percentage , or similar basis ,
be used primarily for special occasions , including but not limited to ,
receptions , meetings , banquets , conventions , parties , catered events , or
similar gatherings ; and
3) Be open to or attended by invited or selected guests or paying patrons ; or
4) Be a sports complex situated in conformance with the City's zoning
ordinances .
Sec. 4-84. -Public facilities event alcohol license.
(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 License ,
as hereinafter defined .
(b) For all purposes of this Section , "public facilities" shall mean all fac ilities 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 he r designee for the
appropriate Public Facilities Event Alcohol License on forms prescribed by the
City . All applications shall be accompanied by a Public Facilities Event Alcohol
58
License 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
License .
(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 License :
1) expected time period in which the event will occur;
2) whether the event will occur during daylight hours;
3) the number of people expected to attend the event ;
4) other activities scheduled to occur in the structure, facility or property at the
time of the event ; and
5) any other factor weighing upon the health , safety or welfare of others .
(e) If the application is denied , which denial shall be based upon the factors described
above, or if the applicant withdraws the application prior to its approval , the license
fee (without interest) shall be refunded. The application shall include but shall not
be limited to : The name and address of the applicant, the date , address and times
of the proposed event and the location of the public facility. All applications shall
be sworn to by the applicant before a notary public or other officer authorized to
administer oaths .
(f) If such Public Facilities Event Alcohol License 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 License 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 License shall license the holder to serve and sell
alcoholic beverages within the premises of the public facility.
(i) A Public Facilities Event Alcohol License 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.
59
U) 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 mislead ing information contained in , or material statement omitted
from , an original or renewal application for a Public Facilities Event Alcohol
License shall be cause for the denial or revocation thereof .
(I) Except as set forth above in this Section , a Public Facilities Event Alcohol License
holder must comply with all of the provisions set forth in this Chapter .
Sec. 4-85. -Farm wineries.
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.
(a) 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 .
(b) Licensee qualifications . The qualifications for the license for sale by Farm
Winery tasting room shall be the same as set forth in this Section .
(c) Licenses issued. The alcoholic beverage licenses which may be issued to
Farm Wineries under this Chapters are:
1) Wholesaler of Farm Winery production. A Farm Winery shall be granted
a wholesale license for sale and distribution as provided by O .C.G .A. §
3-6 -21 .1. Such license shall be issued upon application and payment
of established fees and upon presentation of a receipt for payment of
the state annual license tax as provided by the referenced code
provisions in this Section .
2) Retail package sales of wine . Each retail package sales license shall
require that all sales shall be by and through the Farm Winery tasting
room at the site which said license is issued.
60
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 License 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 .
(d) Ratio of sales . There shall be no specified or required ratio of alcohol sales to
any other income for Farm Winery operations .
(e) Hours and days of sale . Farm Wineries shall be permitted to operate only
during the following hours and days of the week , as indicated :
1) Monday through Saturday , from 9 :00 a .m . until 10 :00 p .m .
2) Sunday from 12:30 p.m. until 10 :00 p.m .
3) The licensed business shall open its business each day it is open by not
later than 5 :00 p.m .
(f) 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.
(m)Licensing limitations . The license created in accord with this Article shall be
limited to Farm Winery tasting rooms licensed by the State of Georgia in
accord with O .C.G .A. § 3-6-21.1 et seq ., and the licensee shall be permitted
to perform only acts allowed in accord with such statutes . No license is hereby
created authorizing any other use .
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(n) 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 .
Secs. 4-86 -4-89 Reserved.
ARTICLE IV -OPEN CONTAINER AREAS IN SPECIAL DISTRICTS
Sec. 4-90. -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. 4-91. -Definition of special districts.
For the purposes of th is 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 zon ing district not
included in the Special District.
Sec. 4-92. -Open Container Areas allowing outside consumption of alcoholic
beverages.
Notwithstanding any other provisions in this Chapter , the following activities are
specifically allowed with i n 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
62
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. 4-93. -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. 4-95 -4-99 Reserved.
ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS,
SELLER/SERVER PERMITS
DIVISION 1. ENFORCEMENT.
Sec . 4-100. -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.
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Sec. 4-101. -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. 4-102. -Inspection of licensed establishments .
(a) Sworn officers of the Police Department shall have the authority to inspect
establishments licensed under the City's alcoholic beverages ordinance during
the hours in which the premises are open for business. These inspections shall
be made for the purpose of verifying compliance with the requirements of this
Chapter and state law .
(b) This Section is not intended to limit the authority of any other City officer to
conduct inspections authorized by other provisions of this Chapter .
Secs. 4-103 -4-104 Reserved .
DIVISION 2. OPERATING REGULATIONS
Sec. 4-105 -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
p.m. and 11 :30 p.m. 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
12 :30 p.m . and 11 :30 p .m. 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 .
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(d) Ancillary license and/or BYOB license . Monday through Saturday , from 9 :00
a .m. until 1 hour before closing but no later than 1 a.m.
(e) Incidental License , Limited Tap License , Craft Beer and/or Wine Market ,
Growler/Growler Shops . Monday through Saturday from 9 :00 a .m . until 10 :00
p.m.
(f) Farm Winery Tasting License. Monday through Saturday , from 9 :00 a .m. until
10 :00 p .m . Sunday from 12 :30 p .m . until 10 :00 p .m .
(g) Wholesalers . Monday through Saturday : 7:00 a.m. and 6 :00 p .m . There shall
be no sales of alcoholic beverages on Sunday by wholesalers .
Unless otherwise provided for in this Chapter , licensed premises shall close their
premises to the public and clear the premises of patrons within 30 minutes after the time
set in this Section for discontinuance of the sale of alcoholic beverages on the premises.
The licensed business shall open its business each day it is open by not later than 5:00
p .m . This Section shall not apply to Private Clubs .
State Law reference-Georgia Dept. of Rev . Regulations 560 -2-3-.02
Sec. 4-106. -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 with in 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 .
65
(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. 4-107. -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 d isplayed , erect a sign indicating the
counter on which the merchandise is displayed ; provided the lettering of such
signs does not exceed in size the lettering of such signs on other counters where
other products are sold . The name , brand or type of alcoholic beverage served
and the price per serving may be provided to patrons on a regular printed menu.
(c) Alcoholic beverages may not be priced in any manner except as to s ingle units or
unbroken package quantities .
Sec. 4-108. -Wholesaler and distributor registration and delivery requirements.
All wholesa lers or d istributors shal l register and pay appropriate fees with the city and
comply with this Chapter before they can sell or deliver any alcoholic beverages to any
establishm.ent in the City . Del iveries 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 .
66
Sec. 4-109. -Storage of alcoholic beverages by retailers.
All licensed retailers shall store all alcoholic beverages on the premises for which the
license was issued , and at no other place . All alcoholic beverages shall be available at
all times for inspection by authorized City officials. Any brand or type of alcoholic
beverages found in any retailer's $tock that was not delivered to the licensed premises
by an authorized wholesaler or distributor shall be subject to immediate confiscation .
Sec. 4-110. -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. 4-111. -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. 4-112. -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
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.
Secs. 4-114 -4-119. Reserved.
DIVISION 3. REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS
Sec . 4-120. -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. 4-121. -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
67
beverages . It shall be prohibited for any person under the age of 18 years of age
to dispense , serve , sell or take orders for any alcoholic beverages . All employees
of retail package distilled spirits establishments must be at least 21 years of age.
(b) This section shall not prohibit persons under 18 years of age who are employed
in off-premise beer and/or wine package stores from selling or handling alcoholic
beverages which are sold for consumption off-premises if there is , at all times
during which any person under 18 years of age is working and during hours within
which alcoholic beverages are sold , either the licensee or at least one (1)
employee over the age of 21 who has a valid alcohol permit and who is serving in
a managerial capacity on the premises inside the building with i n 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. 4-122. -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 :
(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
hold ing 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 Pol ice Department and upon paying a fee
wh ich 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.
68
(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 11ot 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 sa id permit, been
convicted of or pied guilty or entered a plea of nolo contendere to any crime
involving : moral turpitude , illegal gambling , felony possession or sale of controlled
substances , illegal possession or sale of alcoholic beverages (including sale or
transfer of alcoholic beverages to minors in manner contrary to law), keeping a
place of prostitution , pandering , pimping , public indecency, prostitution ,
solicitation of sodomy, or any sexual related crime . No person shall be granted an
alcohol seller/server permit who , at the time of applying for an alcohol seller/server
permit , is then on parole or probation for any of the criminal offenses identified in
this subsection .
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 conv iction and has
not been released from parole or probation prior to the filing for application for
such permit. For purposes of this Chapter, a conviction or plea of guilt or nolo
contendere shall not be considered as to any offense for which defendant who
was allowed to avail himself or herself of the state first offender provisions ,
O .C.G.A. § 48-8-98 et seq .; provided , however, that any such offense shall not be
ignored where the defendant violated any term of probation imposed by the court
granting first offender treatment or committed another crime and the sentence in
court entered an adjudication of guilt as to the crime for which the defendant had
previously been sentenced as a first offender.
(f) An alcohol seller/server permit shall be issued for a period of two calendar years
from the date of the original application and shall be valid for use at any licensed
establishment. The alcoholic beverage seller/server permit must be in the
possession of the employee while the employee is working at the licensed
establishment and shall be available for inspection by members of the Police
Department or the City Manager's staff.
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(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 .
U) 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 fo r a minimum
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of 36 months after the training. Ev idence 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.
(I) 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. 4-123 -4-129 Reserved.
DIVISION 4 . SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS
Sec. 4-130 -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 C ity 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. 4-131 . -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 indiv idual 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
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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. 4-132. -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. 4-133. -Open areas and patio sales regulations.
The consumption and/or sale of alcoholic beverages may be allowed in a licensed
establishment's open areas , sidewalks, decks , patios or similar unenclosed spaces on,
about or adjacent to the premises of an establishment licensed to sell alcohol for
consumption on-premises if written application is made to and approved by the City
Manager , or his or her designee , under such conditions as the City Manager, or his or
her designee , may deem appropriate for the protection of public health , safety and
welfare including , but not limited to, maximum capacity , ingress and egress . The
provisions of this Article shall not be deemed to abrogate or otherwise impact any state
law or local ordinance pertaining to public drunkenness , disorderly conduct , or similar
laws .
Sec. 4-134. -Carry-out of partially consumed bottles of wine permitted ("Merlot to
Go" provision).
(a) An eating establishment licensed to sell wine for consumption on-premises may
permit guests , patrons or members to purchase the establishment's wine on the
premises and leave with no more than one (1) bottle of unfinished wine per legally
aged patron as long as such bottle has been re-sealed and packaged in
accordance with the provisions set forth in O .C .G.A. §3-6-4.
(b) Such partially consumed bottle of wine must be transported in accordance with
O .C.G .A. § 40-6-253, "Consumption of alcoholic beverage or possession of open
container of alcoholic beverage in passenger area." However, nothing in this
Section shall be construed to prohibit the carrying out of beer or wine for
consumption at a publicly owned or privately-owned golf course .
(c) No licensee may allow patrons to remove partially consumed wine from their
premises pursuant to this Section without first providing written notice to and
obtaining written approval from the City Manager. This approval will only be
provided to establishments that meet the requirements of an "eating
establishment" under this Chapter and state law. While an approved
establishment may charge a "corkage fee " to patrons for the re-sealing and
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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. 4-135. -Carry-out of alcoholic beverages prohibitions.
(a) Except as otherwise provided in this Chapter , all alcoholic beverages sold or
otherwise dispensed for consumption on the licensed premises shall be
consumed only on the licensed premises .
(b) Except as otherwise provided in this Chapter , it shall be prohibited for any person
to remove from the licensed premises any alcoholic beverages sold for
consumption on-premises , and it shall be prohibited for the licensee to permit any
person to remove from the licensed premises any alcoholic beverages sold for
consumption on-premises except as otherwise permitted under this Chapter.
When prohibited , the licensee shall be responsible for ensuring that no person
removes any alcoholic beverages from the premises in any type of container .
(c) It shall be prohibited for any person purchasing alcoholic beverages for
consumption on -premises to leave the premises without paying for such alcoholic
beverages .
(d) Except as otherwise provided in this Chapter, it shall be prohibited for patrons to
gather outside the establishment of a consumption on-premises licensee and
consume alcoholic beverages.
(e) Except as otherwise provided in this Chapter , it shall be prohibited for the
manager or any employee of a consumption on-premises licensee to allow
patrons to gathe r outside the establishment and consume alcoholic beverages .
Sec. 4-136. -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 follow ing 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 .
7 3
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 d isposed 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 unde r age 18 shall work in an establishment with a BYOB license.
Sec. 4-137. -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 . 4-138. -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 :
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1) Offer or deliver any free alcoholic beverage to any person or group of
persons . For the purpose of this Section , "free " means free to the patron
on behalf of the establishment.
2) Deliver more than two (2) alcoholic beverages to one (1) person at a time ,
however, nothing herein shall prohibit a brewpub from offering a sampler
of beer in containers not exceeding four (4) ounces. Each sampler shall
not exceed four (4) different types of beer . For the purposes of this Section,
one (1) alcoholic beverage shall be the equivalent of one (1) 16 ounce beer ,
or one (1) 6 ounce glass of wine or one (1) ounce of 100 proof spirits .
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 t ime 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 award ing of alcoholic
beverages as a prize .
This subsection shall not apply to Incidental Licenses.
(b) Each licensee shall maintain a schedule of the price charged for all alcoholic
beverages to be served and consumed on the licensed premises or in any room
or part thereof. The schedule of prices shall be posted in a conspicuous manner
so as to be in view of the paying public , and the schedule shall be effective for not
less than one (1) calendar week .
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(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 w ith 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 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. 4-139 -Reserved.
DIVISION 5. 'UNDER 21' PROHIBITIONS
Sec. 4-140. -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 .
76
Refer to Chapter 32 Section 135 of the City of Milton Code of Ordinan ces -Prohibited
acts by persons under 21 years of age .
Sec. 4-141. -Purchase, consumption, possession by or for underage persons.
(a) It shall be prohibited for any person under 21 years of age to purchase, drink ,
consume or possess any alcoholic beverages except as provided under state law.
(b) It shall be prohibited for any person to keep or maintain a place where persons
under 21 years of age are knowingly allowed to come and purchase, drink,
consume or possess any alcoholic beverage.
(c) It shall be prohibited for any parent or other person to buy beer or other alcoholic
beverages and furnish such beverage for consumption by any person under 21
years of age except as permitted under state law.
(d) It shall be the responsibility of the alcoholic beverage licensee and his or her
agents and employees to examine proper identification of patrons to be certain
that such patrons are of legal age .
Sec . 4-142. -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. 4-143. -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. 4-144-4-149 Reserved.
DIVISION 6 -ACTIVITIES PROHIBITED ON PREMISES
Sec. 4-150. -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 .
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Sec. 4-151. -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. 4-152. -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 seNed 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. 4-153. -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.
(b) No person shall use on licensed premises artificial devices or inanimate objects
to perform , simulate , or depict any of the prohibited conduct or activities described
in this Section .
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(c) 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 th is Section .
(d) 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. 4-154-4-159 Reserved.
ARTICLE VI. -REPORTING, AUDITS, AND EXCISE TAXES
DIVISION 1. -GENERALLY
Sec. 4-160. -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. 4-161. -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.
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(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 . 4-162. -Reporting of food sales required .
(a) Each holder of any alcoholic beverage license for which minimum food sales
requirements apply , shall maintain on the premises and available for inspection
at any time during business hours , records that document the establishment's
sales in even dollars and as a percent of total revenue. These numbers shall
include gross food sales in even dollars and as a percent of the total sales , gross
alcoholic beverage sales in even dollars and as a percent of the total sales , the
amount of tax at the percent required under this division , and any other
information reasonably related to the operation of the business required by the
City . A report reflecting the same shall also be provided to the City Manager upon
request and no more than 20 days after such request.
(b) Failure to provide any and all of the information required by this section may result
in penalties specified in this Chapter , including but not limited to , penalties and
interest on the amount of tax due and payable, suspension or revocation of the
license , or fines .
Sec. 4-163. -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
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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 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.
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(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.
U) 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 so ld 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. 4-164. -Per drink excise tax on distilled spirits to be collected and paid by on-
premise consumption retailers.
(a) There is hereby levied and imposed a specific excise tax on the sale of liquor in
the amount of three percent (3%) of the charge to the public (or the patron in the
case of a catered event) for the beverage that contains the liquor; this does not
include any sales tax .
(b) The excise tax imposed in this subsection does not apply to the sale of
fermented beverages made in whole or in part from malt or any similar fermented
beverages made in whole or in part from fruit , berries or grapes either by natural
fermentation or fermentation with brandy or any similar fermented beverage.
(c) The excise taxes provided for in this Section shall be imposed upon and shall
be paid by the on-premise consumption licensee who sells liquor by the drink.
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(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
form of a deduction in submitting , reporting , and paying the amount due if the
amount is not delinquent at the time of payment. The deduction amount
authorized will be the rate authorized under O .C .G.A. § 48-8-50 , as now written
or hereafter amended; (currently the rate of deduction as authorized under
O.C .G .A. § 48-8-50 is three percent (3%) of the total amount due).
(g) Excise taxes received after the 10th day of the month shall be charged a fifteen
percent (15%) penalty plus interest
(h) If the City Manager or his/her designee deems it necessary to conduct an audit
of the records and books of the licensee , he/she will notify the licensee and an
agreed upon date and time will be arranged . If a date and time cannot be agreed
upon , the City Manager or his/her designee may set the date and time to occur
anytime during the licensee 's normal business hours.
(i) In addition to any penalties otherwise set forth in this Chapter, failure to properly
complete or submit the required reports shall subject the licensee to a late filing
penalty of $25 .00 for each deficient reporting period .
Sec. 4-165. -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 Manager 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).
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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. 4-166. -Excise tax required on wholesalers.
(a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0 .0065]
per ounce which shall be paid to the governing authority on all wine and liquor
sold by wholesalers to retailers in the City .
Such tax shall be paid to the City by the wholesale distributor on all wine and
liquor sold in the City as follows:
1) Each wholesaler selling , shipping , or in any way delivering wine or liquor
to any licensees under this Chapter , shall collect the excise tax at the time
of delivery and shall remit the same to the City together with a summary
of all deliveries to each licensee on or before the 10th day of the following
month.
2) Excise taxes received after the 20th day of the month shall be charged a
fifteen percent (15%) penalty plus interest.
3) It shall be a violation of this Chapter for any wholesaler to sell , ship or
deliver in any manner any wine or liquor to a retail dealer without
collecting such tax .
4) Upon each and every delivery by a licensed wholesaler to a licensed
retailer , written records in triplicate shall be prepared , showing the
quantities and brands of liquor delivered, together with the price thereof
and the tax collected thereon. The original copy of such record shall be
delivered by the wholesaler to the retailer simultaneously with each such
delivery . The wholesaler shall retain the second copy of such record and
shall keep it and have it available for inspection by authorized
representatives of the City. If requested by an authorized representative of
the City , a copy of such records shall be attached to any reports requested
or required by the City .
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5) It shall be a violation of this Chapter for any retail dealer to possess , own ,
hold , store , display or sell any wine or liquor on which such tax has not
been paid . Wholesalers collecting the tax authorized in this Section shall
be allowed a percentage of the tax due and accounted for and shall be
reimbursed in the form of a deduction in submitting , reporting , and paying
the amount due , if the amount is not delinquent at the time of payment.
The rate of the deduction shall be at the same rate authorized for
deductions from state tax under O .C.G.A. § 48 -8-50 , and any amendment
thereto .
(b) There is levied an excise tax on all beer sold by wholesalers to retailers in the
City at the rate of $0 .05 per 12-ounce container and $6 .00 for each container of
tap or draft 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 oallons) 6 .00
One barrel (31 Qallons) 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. 4-167 -4-169 Reserved.
DIVISION 2. -TAX RETURNS AND COLLECTION
Sec. 4-170. -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 ;
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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. 4-171. -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 penalt ies 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. 4-172. -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 wh ich are subject to the tax . The estimate
shall be made for the period in respect to which the licensee failed to make the
return and shall be based upon any information which is or may come into the
City's possession . Upon the basis of this estimate , the City shall compute and
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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. 4-173. -Penalties and interest.
(a) Any party who fa ils to pay the tax herein imposed by the City , o r 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. 4-174. -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.
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(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. 4-175-4-179 Reserved.
ARTICLE VII. -WHOLESALERS
DIVISION 1. -GENERALLY
Sec. 4-180. -License required.
(a) Any wholesale dealer in alcoholic beverages who is licensed by the State of
Georgia and who has a place of business in the city shall procure a license under
the same distance requirements and required hours and days of operation
applicable to retail package licensees . The license fee for a resident wholesale
dealer's license shall be set by 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. 4-181. -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.
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(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. 4-182. -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. 4-183 -4-199 Reserved.
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