HomeMy WebLinkAboutORDINANCE No. 20-12-462 - 12/21/2020 - Update Previous Sections and Reorganize Article III of Chapter 4 (Alcoholic Beverages)STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-12-462
AN ORDINANCE TO AMEND CHAPTER 4 OF THE MILTON CODE OF ORDINANCES
(ALCOHOLIC BEVERAGES) TO UPDATE VARIOUS SECTIONS AND SUBSTANTIALLY
REORGANIZE ARTICLE Ill
The Council of the City of Milton hereby ordains , while in a regularly called council
meeting on December 21, 2020 at 6:00 p.m ., as follows:
WHEREAS , the Code of the City of Milton , Georgia , contains a Chapter 4 addressing sale
and consumption of alcoholic beverages (the "Alcohol Code ");
WHEREAS , the City Council desires to substantially revise and reorganize Article Ill
("License Types and Special Provisions") of the Alcohol code to more clearly present the
various types of alcohol sales and service licenses and permits issued by the City and the
requirements associated with each;
WHEREAS , the City Council also desires to amend various other sections of the Alcohol
Code to clarify certain definitions; provide for delivery of alcoholic beverages , expanded
alcohol tasting events, and expanded hours for various types of sales and service on
Sundays, all in light of recent changes in state law; reduce application requirements for
grand opening/annual promotion permits; clarify general application requirements for
businesses ; clarify the requirements for conditional license approval; amend the
requirements for license transfers in the event of the death of licensee; and for other
purposes; and
WHEREAS , the City Council desires to amend Appendix A (Fees and Other Charges) to
the Code of the City of Milton to reflect the changes made to the Alcohol Code;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows:
SECTION 1. Chapter 4 of the Code of the City of Milton, Georgia is hereby
amended by deleting the existing Chapter 4 and replacing it with the document
attached hereto as Exhibit A.
SECTION 2 . Appendix A of the Code of the City of Milton , Georgia is hereby
amended by deleting the fees pertaining the Chapter 4 and replacing them with the
fees attached hereto as Exhibit B.
SECTION 3. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 4. This Ordinance shall become effective upon its adoption.
ORDAINED this the 21 st day of December 2020. az ~
J BEO l}F8D31fl904C5 ... d M oe LOCKWOO ' ayor
Attest: ~~=-
Su~/~4~~8&ordon, City Clerk
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Exhibit A
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Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE I. -IN GENERAL
Sec. 4-1 . -Purposes.
(a) Purposes . This ordinance is adopted as part of a comprehensive plan designed
for the purposes , among others , of:
1) promoting the health and general welfare of the community ;
2) establishing reasonable and ascertainable standards for the regulation and
control of the licensing and sales of alcoholic beverages ;
3) protecting and preserving schools and churches ; and
4) giving effect to land use and preserving certain residential areas , with
reasonable consideration being given to , among other factors , the character of
the areas and their peculiar suitability for particular uses , the congestion in the
roads and streets , and the promotion of desirable living conditions and
sustained stability of neighborhoods and property values.
(b) Because the purposes of this Chapter are not advanced when alcoholic beverages
are provided to the general public under an appearance that such alcoholic
beverages are not being sold but are being given away as part of a business
operation or other activity , any person providing alcoholic beverages to the
general public , whether for sale or otherwise , must be licensed by the City .
Sec. 4-2. -Definitions.
(a) Unless a contrary intention is clearly 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 .
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(c) As used in this Chapter the term "may" is permissive and the term "shall" is
mandatory .
(d) The following words , terms and phrases , when used in this Chapter, shall have the
meanings ascribed to them in this section , except where the context clearly
indicates a different meaning :
Adult Entertainment and Adult Entertainment Establishment shall have the same
meanings as set forth in Chapter 64-1 . Adult Entertainment Establishments are prohibited
from holding an alcoholic beverage license in the City .
Alcohol means ethyl alcohol , hydrated oxide of ethyl , or spirits of wine , from whatever
source or by whatever process produced .
Alcoholic Consumable means any product intended for human consumption that
contains any measurable amount of alcohol as defined in this section , regardless of
whether such consumable is in liquid or solid form . Alcohol consumables will be regulated
by the City and shall be deemed to be included in any reference to any type of alcoholic
beverage .
Alcoholic Beverage means and includes all alcohol , beer , wine , or liquor intended for
human consumption . Any reference to alcoholic beverage in this Chapter shall be
deemed to include alcoholic consumables , regardless of whether such consumables are
in liquid or solid form .
Alcoholic Beverage Caterer means any standard on -premise consumption retailer
properly licensed to prov ide alcohol for consumption at private functions on private
property , at special events , or at special events facilities .
Ancillary Tasting License means a license that is available to the holder of a retail
package license and allows for on-premise tastings under limited conditions as provided
for in this Chapter.
Applicant means the person, partner , firm , or corporation , as owner , or other entity
(individually or collectively) making the application for the alcohol license , whether
compensated or not. The term "Applicant " shall include a Licensee Agent.
Assembly Hall or Events Facility means a room or building typically accommodating
the gathering of persons for deliberation , legislation , worship or entertainment , including
but not limited , to trade shows and other similar activities , as well as some social events
such as receptions, meetings , banquets , conventions , parties , catered events or similar
gatherings . The facility must be available to public or private groups of persons for
monetary consideration on a rental , fee , percentage or similar basis ; be used primarily
for special 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
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or activity as permitted by the Fire Marshall. Establishments that operate as an
"assembly hall " or "events facility" shall not provide Adult Entertainment , either regularly
or occasionally ; nor shall any such establishment operate as a Bar or Nightclub .
Bar means an establishment whose primary business is the provision of alcoholic
beverages and not the consumption of food . A place that derives 75 percent (75%) or
more total annual gross revenue from the sale of alcoholic beverages for consumption
on-premises and does not meet the definition of any other establishment qualified to hold
a license under this ordinance will be presumed to be a bar. Bars are specifically
prohibited in the City . This provision does not preclude a business that otherwise qualifies
as an eating establishment or restaurant from including the word "bar" in its name ,
provided that the name must also be indicative of food service , such as "Joe 's Sports Bar
& Grille ".
Barrel, with respect to a brewery , means a vessel that is used to age , condition ,
and/or ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol
and Tobacco Tax and Trade Bureau ("TTB ").
Barrel, with respect to a distillery , means a vessel that is used to
age/condition/ferment distilled spirits ; a standard unit of measure is 53 gallons .
Beer or Malt Beverage means any alcoholic beverage obtained by the fermentation
of any infusion or decoction of barley , malt , hops , or any other similar product , or any
combination of such products in water , containing not more than 14 percent (14%) alcohol
by volume and including ale , porter , brown , stout , lager beer , small beer, and strong beer.
The term does not include sake , also known as Japanese rice wine , which shares a
similar manufacturing process to beer but has a h igher 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 a re 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 .
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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 bu ilding , plumbing and electrical codes and
any similar technical code of the City .
Building Official means the Building Official of the City as such position presently
exists , or by whatever name the position may be designated in the future . The term
Building Official will also be deemed to include any designee of the Building Official.
Chief of Police means the Chief of Police of the City as such position presently exists ,
or by whatever name the position may be designated in the future . The term Chief of
Police will also be deemed to include any designee of the Chief of Police .
City means the City of Milton , and when used in a geographical sense , means the
territorial limits of the City of Milton .
City Food Market means a retail market which (a) does not sell or offer for sale any
of the following : gasoline , diesel fuel , tires , liquor, tobacco products , lottery tickets , or
related games of chance or beer by the keg ; (b) does not provide for the on -premises use
of coin operated amusements ; (c) at all times that it is open to the public , maintains an
inventory of saleable food products , including meat, dairy , vegetable , fruit , dry goods , and
beverages , with a minimum cumulative cost of goods sold of such food products of at
least $125 ,000 ; (d) has an interior floor area of at least 4 ,500 square feet and not more
than 20 ,000 square feet , of which more than 50 percent (50%) of such interior floor area
is devoted to the display for sale of non -alcoholic beverage products ; (e) employs not less
than 4 individuals who work at least 35 hours per week on the premises , and (f) derives
less than 20 percent (20%) of its gross receipts from the sale of beer and /or wine.
City Manager means the City Manager as such position 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.
Convic tion 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
prov isions of the State of Georgia First Offender Act.
County means Fulton County, Georgia , and , when used in a geographical sense ,
means the territorial limits of Fulton County , Georgia .
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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
Crawlers).
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 Sp irituous 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 , o r Spirituous
Liquor shall be deemed to include alcoholic consumables that contain distilled spirits or
spirituous liquor. The terms Distilled Spirits , Liquor , or Spirituous Liquor , when used in
this Chapter , shall all carry the same meaning .
Distiller means a manufacturer of Distilled Spirits .
Distillery means a domestic manufacturing facility for Distilled Spirits that is licensed
by the state. Provided that licenses are issued as required by this Chapter , a
distiller/distillery is authorized to sell distilled spirits by the package , by the drink and to
operate flight tastings on -premises of the distillery as provided for and subject to the
limitations of state law .
Domestic Wine means any and all wines produced by a Farm Winery within this state.
Throughout this Chapter , any reference to wine shall be deemed to include alcoholic
consumables that contain wine .
Eating Establishment shall have the same meaning as set forth by state law
(O .C .G .A. § 3-3-7). An Eating Establishment may be licensed to sell beer, wine and/or
liquor but must derive a minimum of fifty percent (50%) of its total annual gross food and
beverage sales from the sale of prepared meals or food as required by state law. For
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brewpubs or other eating establishments that also sell beer and wine by the package ,
neither barrels of beer sold to licensed wholesalers pursuant to state law , package sales
of beer and/or wine shall be used when determining the total annual gross food and
beverage sales .
· Entertainment or Live Entertainment means music , comedy , readings , dancing ,
acting , organized fighting , or other entertainment, excluding adult entertainment,
performed on the premises of a licensed establishment. This classification includes
dancing by patrons to live or recorded music.
Events Facility shall have the same meaning as "assembly hall" or "rural or
agricultural event facility" as set forth in Chapter 64-1. Any establishment licensed as an
Events Facility shall not provide Adult Entertainment either regularly or occasionally ; nor
shall any such establishment operate as a Bar or Nightclub.
Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by
state law . Provided that a license is issued as required by the state and under this
Chapter, a Farm Winery licensed by the City is authorized to sell Georgia wine at its
premises by the package or for consumption on-premises as authorized by Georgia law.
Fire Marshall means the Fire Marshall of the City , as such position presently exists,
or. by whatever name the position may be designated in the future . The term Fire Marshall
will also be deemed to include any designee of the Fire Marshall.
Fixed Salary means the amount of compensation paid to any member, officer, agent ,
or employee of a bona fide Private Club as may be fixed by its members out of the general
revenue of the club and shall not include a commission on any profits from the sale of
alcoholic beverages. For the purpose of this definition , tips or gratuities which are added
to the bills under club regulations shall not be considered as profits from the sale of
alcoholic beverages.
Food Caterer means any person that prepares food for consumption off the food
caterer 's premises.
Food Hall means a retail area that contains more than two (2) food hall cafes , where
a minimum of 65% of the area is dedicated to food hall cafes that provide prepared meals
for consumption on the premises during the entire time that alcohol is sold and that share
a common area with at least forty (40) seats at tables for the food hall 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
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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.
Fu/I-Service Kitchen means a kitchen that consists of a commercial sink , a
permanently installed stove , grill or other similar heating device that adequately and
completely cooks prepared meals , and a refrigerator. Said kitchen must be approved by
the County Health Department and City Fire Marshall.
Golf Course means a golf facility consisting of a clubhouse or a professional golf shop
and a regulation or executive length golf course of at least nine (9) holes , as recognized
by the United States Golf Association , the Professional Golfers Association of America ,
and the Geo rgia 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 Growlers for off-premise consumption and no
other alcoholic beverages . Establishments licensed as Growler/Growler Shops are not
authorized to sell liquor and may not sell beer or wine for consumption on premises .
Growler/Growler 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/Growler Shops are eligible to apply for an Ancillary
Tasting License .
Ha r d 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 .
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Hotel means any building or other structure in which boarding or lodging is provided
for fewer than 30 days . Motels meeting the qualifications set out in this definition for
Hotels shall be classified in the same category as Hotels .
Incidental Service License means an on-premise alcoholic beverage license for an
establishment that does not sell food that was prepared on the premises and does not
charge for any alcoholic beverage . An establishment that holds an Incidental Service
License is limited to wine and beer ; and is prohibited from allowing any individual to
consume more than 16 ounces of wine or 24 ounces of beer on premises in a calendar
day . The amount of money spent on alcoholic beverages by such establishment shall not
exceed two percent (2%) of gross receipts (gross receipts shall have the same meaning
as provided in Chapter 12 of this ordinance).
Interest means any pecuniary interest and any ownership interest, whether present
or future , whole or partial , legal or beneficial , contingent or vested , direct or indirect , and
any right , power , or authority of control.
License means the authorization by the governing authority of the City to engage in
the sale , consumption , or provision of alcoholic beverages as provided in this Chapter.
Where required by context , the word "license " includes a permit issued for a specific event
or activity .
Licensee means a person , real or artificial , to whom a license is issued or , in the case
of a partnership or corporation , the term includes both the partnership or the corporation
and the individual designated by such legal entity to serve as its license representative .
Licensee Agent means an individual person designated by a partnership or
corporation to act as its representative/applicant and on its behalf on all matters related
to the alcohol license . A Licensee Agent must have sufficient involvement with the
partnership or corporation to have supervisory authority over the day-to-day operations
of the licensed premises . For the purposes of this Chapter , any reference to the term
Applicant or Licensee also includes the Licensee Agent.
Limited Food Service Restaurant means any establishment that meets all of the
requirements of a restaurant but does not meet the requirements of an eating
establishment. A Limited Food Service Restaurant must derive at least 30 percent (30%)
of its total annual gross food and beverage sales from the sale of prepared meals or food.
Limited Tap License means an on-premise alcoholic beverage license for an
establishment that does not sell food prepared on the premises and that provides a limited
selection of craft beers on tap for consumption on premises only . An establishment with
a Limited Tap License is limited to having five (5) or fewer beer taps . Establishments with
a Limited Tap License must limit consumption for any individual to a maximum of 48
ounces within a calendar day and must obtain approval from the Fire Marshall and
Building Official in accordance with applicable codes .
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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 :
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
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and/or on -site tasting room sales . Micro -d ist iller ies must comply wi t h state law
restrictions related to the quantities of alcohol ic beve rages that may be s old directly to
the c ons umer at retail.
Nightclub means an establishment whose primary business is the provIsIon of
alcoholic beverages and live entertainment or patron dancing and not the consumption of
food . A place that derives 75 percent (75%) or more of its total annual gross revenue
from the sale of alcoholic beverages for consumption on-premises and cover charges or
entry fees and does not meet the definition of any other establishment qualified to hold a
license under this ordinance will be presumed to be a nightclub . Nightclubs are prohibited
in the City .
Nonprofit Civic Organization means an organization which is an exempt organization
under Sect ion 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
re.sale .
Open Container Area means a specified area adjacent to and designated for common
use by multiple eating establishments , food vendors or restaurants for their patrons .
Unless otherwise provided , Open Container Areas are restricted to the City 's Special
Districts and allow for limited outside consumption of alcoholic beverages.
Outdoor Dining Area means an outdoor dining space in which an on -premise
Licensee serves food and beverages as part of the operation of the licensed premises.
Except as otherwise provided , the Outdoor Dining Area must be located immediately
adjacent to the licensed premises . An Outdoor Dining Area may include a patio , City
approved sidewalk seating , or a designated dining area within the exclusive control of the
Licensee , and may be separated from the Licensee 's premises , if at all , only by a
sidewalk . No part of an Outdoor Dining Area shall be located within any public right-of-
way without permission of the City .
Package means a bottle , can , keg , barrel, or other original consumer container. The
term "retail package alcoholic beverages" includes all alcoholic beverages in their original
containers or in a Growler or Crowler and sold at retail to the final consumer and not for
resale .
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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 (whethe r 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 .
• Pr ivate Club means any nonprofit association organized and existing under state law
and exempt from federal income taxes pursuant to section 501 (c) of the Internal Revenue
Code , as amended , and which :
1) Has been in existence for at least one (1) year prior to the filing of the application
for a License pursuant to this Chapter ;
2) Has at least 75 regular dues -paying members ;
3) Owns , hires , or leases a building or space within a building for the reasonable use
of its members with :
a) A suitable kitchen and dining room space and equipment ; and
b) A sufficient number of employees for cooking , preparing and serving meals
for its members and guests ;
4) Has no member, officer , agent , or employee directly or indirectly receiving , in the
form of salary or other compensation , any profits from the sale of alcoholic
beverages beyond a fixed salary .
Registered Agent means a natural person age 21 years or older and residing in Fulton
County , or any county that borders Fulton County , who is designated by a licensed
establishment to receive service of process on its behalf. Notice or demand required or
permitted by law or under this Chapter may be served upon the Licensee , registered
agent , or owner .
Restaurant means any public place kept , used , maintained , advertised , and held out
to the public as a place where meals are actually and regularly served to patrons , without
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sleeping accommodations , including a cafeteria , with such place being provided with an
adequate and sanitary full service kitchen and dining room equipment, having employed
therein a sufficient number and kind of employees to prepare , cook , and serve suitable
food for its patrons. At least one (1) meal per day shall be served at least six (6) days per
week , with the exception of holidays , vacations , and periods of redecorating , and the
serving of those meals shall be a principal portion of the business conducted, with the
serving of alcoholic beverages as only incidental thereto . The restaurant seating area
must be at least 40 percent (40%) of the gross square footage of the restaurant facility .
Seating space located outside of the main structure (i .e . patios , decks , etc.) shall not be
included in calculating seating space . In order to be considered a "full service" restaurant,
the business must also meet the requirements of an Eating Establishment.
School, School Building , or Educational Building for the purposes of determining
distance requirements for the sale of alcoholic beverages shall mean a state , county , city,
or church school building , or such buildings at such school in which are taught subjects
commonly taught in the common schools and colleges of the state and which are public
schools and private schools as defined in O .C .G .A. § 20-2-690(b). The term "school
building" includes only those structures in which instruction is offered .
Seller/Server Permit means an authorization granted to an individual by the City to
cork , dispense , sell , serve , take orders , and/or mix alcoholic beverages in the City .
Service Area means the portion of an indoor recreational establishment located within
the same building or structure and adjacent to an Eating Establishment, Private Club , or
Restaurant. To the extent that such Eating Establishment, Private Club , or Restaurant
holds an on-premise consumption alcoholic beverage license, the consumption of
alcoholic beverages within the service area is permitted.
Shopping Center means a collection of multiple commercial establishments planned
and developed as a unit for which common parking facilities are provided on the site . A
Shopping Center shall also include a mall or strip center .
Special District has the same meaning as provided in Section 4-211 of this Chapter.
Special Event has the same meaning as provided in Chapter 64-1 .
Special Event Alcohol Permit means an alcoholic beverage permit issued for a
specific location for a limited amount of time and a limited number of days.
Specialty Gift Shop means any retail shop that deals in the sale of foods , specialty
foods and gifts that derives not more than 15 percent (15%) of its gross sales from the
sale of packaged gift baskets containing non-alcohol related items such as flowers ,
plants , food or similar items which also contain unbroken containers of beer and/or wine.
To qualify for an off-premise alcohol license , a Specialty Shop must have an interior floor
area of not more than 5 ,000 square feet (inclusive of storage), of which more than 60
percent (60%) of interior floor area is devoted to the display for sale of non-alcoholic
15
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 exist in g 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 retaile r's license , a Sports Club must
have been actively in operation within the City at least two (2) years prior to an
appl ication for license under this Chapter ; provided , however , that the two-year (2)
operational requirement shall not apply to golf courses or golf club corporations
where the selling or the serving of alcoholic beverages is to take place on the golf
course premises .
2) A Sports Club organized or operated primarily for serving alcoholic beverages shall
not qualify for licensing under this Chapter and shall not be permitted to serve
alcoholic beverages at any time.
3) Unless otherwise indicated , a Sports Club Licensee shall comply with all other
requirements imposed upon on -premise consumption retailers .
Standard On -Premise Consumption Retailer means any licensee holding a
Beer/Wine/Liquor COP License or a Beer/Wine COP License .
Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm
Winery by providing samples of such wine to the public and for the sale of such wine at
retail for consumption on -premises and for sale in closed packages for consumption off-
premises . Samples of wine may be given complimentary or for a fee .
Ta x 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 tempo rary 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 .
16
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 deale rs , or on-premise consumption retailers .
Wine or Vinous Beverage means any alcoholic beverage containing not more than
24 percent (24%) alcohol by volume made from fruits , berries , grapes, or honey either by
natural fermentation or by natural fermentation with brandy added. These terms include ,
but are not limited to , all sparkling wines , champagnes , combinations of such beverages ,
vermouths , and special natural wines , rectified wines , other like products , and Sake ,
which is an alcoholic beverage often manufactured through a process similar to that of
beer but produced from rice and often containing greater than 14 percent (14%) alcohol
by volume . These terms do not include cooking wine mixed with salt or other ingredients
so as to render it unfit for human consumption as a beverage . A liquid shall first be
deemed to be a wine at the point in the manufacturing process when it conforms to this
definition . Throughout this Chapter , any reference to wine shall be deemed to include
alcoholic consumables that contain wine .
Wine Market shall have the same definition as set forth in the definition for Craft Beer
and/or Wine Market.
Sec. 4-3. -Jurisdiction .
This Chapter shall apply to the corporate limits of the City and outside the City limits
in all territories to which the jurisdiction of the City extends .
Sec. 4-4. -Severability .
If any provision , clause , sentence or paragraph of this Chapter , or the application
thereof to any person or circumstances , shall be held invalid and unconstitutional , such
invalidity shall not affect the other provisions or application of the provisions of this
Chapter which can be given effect without the invalid provisions or application and , to this
end , the provisions of this Chapter are hereby declared to be severable .
Secs. 4-5-4-9 Reserved .
ARTICLE 11. -LICENSINGill
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 ;
17
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 -11 O; local license
requirements and regulations for manufacture , distribution, and sale of beers , O.C.G.A.
§ 3-5 -40 et seq .; municipal licenses for the sale of beers , O.C.G .A. § 3 -5-42 ; restrictions
on wholesale license fee , O.C .G .A. § 3-5 -43 ; O .C.G.A. § 3-7 -40 local licensing
requirements for the sale of wine , O .C .G.A. § 3-6-40 ; local authorization and regulation
of the sale of alcoholic beverages in private clubs , O .C.G.A. § 3-7-40 et seq .; false
swearing , O .C.G .A. § 16-10-71
DIVISION 1. -GENERALLY
Sec. 4-10. -License is a privilege.
(a) Granted by City Council. Alcoholic beverages may be sold , provided or consumed
to or by the public in the City under a license or permit granted by the city council
or its designee upon the terms and conditions provided in this Chapter.
(b) Privilege . All licenses in this Chapter shall be a mere grant of privilege to carry on
the business during the term of the license , subject to all the terms and conditions
imposed by this Code and state law .
(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 prom inently at all
times on the premises for which the license is issued and abide by all applicable
local , state , and federal regulations and laws .
Sec. 4-11. -License requirement; prohibitions for non-licensed premises.
(a) The manufacturing , distributing , and selling by wholesale or retail of alcoholic
beverages shall not be conducted without a permit or license issued by the City .
(b) It shall be prohibited for any person that performs or undertakes any type of
operation or activity for which an occupation tax certificate is required to keep ,
possess , store , sell (at wholesale or retail), to provide to others , or to allow
alcoholic beverages or consumables on the premises without appropriate, valid
and current state and local licenses for such alcoholic beverages and/or
consumables. This prohibition shall apply without regard to whether the alcoholic
beverages or consumables are intended to be provided free of charge , as a part
of any promotion by the owner of the prem ises 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 .
18
(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 individual employed
by such owner , tenant or business who is present at the time when alcoholic
beverages or consumables are being provided by a non -licensed premises or
location as described in this section , may be charged with violating the provisions
of this Chapter .
Sec . 4-12 . -Unlicensed sales or deliveries prohibited.
(a) It shall be prohibited for any licensee under this Chapter to make deliveries of any
alcoholic beverage by the package beyond the boundaries of the premises
covered by the license except as allowed by state law (O.C .G.A . § 3-3-10).
Pursuant to O .C.G .A. § 3-3 -10 , any City-issued license that allows a retailer to sell
alcoholic beverages in unbroken packages for consumption off the premises shall
include the right to deliver malt beverages , wine , or liquor in unbroken packages
lawfully sold to and purchased by an individual for personal use and not for resale ,
to the limited extent permitted by the provisions of O .C.G .A. § 3-3-10 . Any violation
of this provision may be enforced as an ordinance violation under this Chapter ,
subject to the restrictions in O.C.G .A. § 3-3-10(h)(2).
(b) It shall be prohibited for any licensee under this Chapter to allow the sale or
delivery of any alcoholic beverage by the drink to any area other than the premises
covered by the license.
(c ) It shall be prohibited for unlicensed individuals to sell alcoholic beverages .
(d) Sales by the package by anyone other than a holder of a retail package license
are allowed only during special and temporary events approved pursuant to this
Chapter .
Sec. 4-13 . -Display of license required.
The City alcoholic beverage license shall at all t imes be kept plainly exposed to view
to the public at the licensed premises .
Sec. 4-14. -Licensee and employees to be familiar with terms.
19
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.
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
20
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 bui lding , school
grounds , or college campus .
2) Any beer or wine by the package within 100 yards of any school building ,
school grounds , or college campus . This subparagraph shall not apply at
any location for which a license has been issued prior to July 1, 1981 , nor
to the renewal of such license . Nor shall this subparagraph apply at any
location for which a new license is applied for if the sale of beer or wine was
lawful at such location at any time during the 12 months immediately
preceding such application .
Nothing in this subparagraph shall prohibit a grocery store licensed for the
retail sale of only beer or wine for consumption off-premises from selling
beer or wine within 100 yards of any school building , school grounds , or
college campus , where so permitted by resolution or ordinance of the
County or City . As used in this subparagraph , the term "grocery store"
means a retail establishment which has a total retail floor space of at least
10 ,000 square feet of which at least 85 percent (85%) is reserved for the
sale of food and other nonalcoholic items , conducts all of its sales inside the
building containing its retail floor space , and meets such other criteria as
may be required by the local governing authority of the County or City .
3) Any beer, wine , or liquor by the package within 100 yards of an alcoholic
treatment center owned and operated by this state or any county or city
government therein . This paragraph shall not apply to any business having
a license in effect on July 1 , 1981 .
As used in this subsection , the term "school building" or "educational building" shall
apply only to state , county , city , or church school buildings and to such buildings
at such other schools in which are taught subjects commonly taught in the common
schools and colleges of this state and which are public schools or private schools
as defined under state law .
(b) Nothing contained in this Section shall prohibit the licensing of the sale or
distribution of alcoholic beverages for on -premise consumption by :
21
1) Hotels of 50 rooms or more which have been in continuous operation for a
period ofat 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 .
(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 .
22
(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 ;
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 .
23
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, Sheriffs
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
adequate financial participation in the proposed business to direct and manage its
affairs , where the applicant or the Licensee Agent does not have sufficient control
over the operations of the business to assure compliance with the provisions of
this Chapter, or where it appears that the application is intended to be a mere
surrogate for a person who would not otherwise qualify for a license for any reason
whatsoever.
Sec. 4-24. -Effect of prior criminal history; exceptions .
(a) An applicant or Licensee Agent's first-time conviction for illegal possession of
alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make
an applicant/Licensee Agent ineligible for an alcoholic beverage license .
(b) For purposes of this Chapter, a conviction or plea of guilty or nolo contendere shall
not be considered as to any offense for which a defendant was allowed to avail
themselves of this state 's first offender provisions , O.C.G.A. § 42-8-60 et seq .;
provided , however, that any such offense may be considered where the defendant
violated any term of probation imposed by the court granting first offender
treatment or committed another crime and the sentencing court entered an
24
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 or permit provided for in this Chapter shall
make an application on the form prescribed by the City Manager or his or her
designee .
(b) Contents . The application shall include , but not be limited to :
1) The name and address of the applicant/Licensee Agent ;
2) The proposed business to be carried on and type of license desired ;
3) If a partnership , the name and residence address of each partne r;
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
25
each entity which is to own or operate the establishment for which a license
is sought ; and evidence of compliance with any prior notice requirements,
including but not limited to O.C.G .A. § 3-4-27 where applicable .
(c) For grand opening/annual promotion permits , the detailed requirements of this
section will not be applied and the only information required will be the name and
address of the business , the name and address of the applicant, and the date , time
and location of the event.
(d) Financial information . All applicants shall furnish such financial and other
information and records as may be required by the City Manager to ensure
compliance with the provisions of this Chapter. Failure to furnish information and
records pursuant to such request shall automatically serve to dismiss the
application with prejudice .
(e) Agreements. All agreements between and among any persons or stockholders of
corporations or partners of partnerships applying for a license to sell or dispense
any alcoholic beverages and which agreements reflect or control ownership ,
division of profits , sharing of revenues of any kind , including payment of rents , or
which agreements reflect any other arrangements in connection with ownership,
rents , profit sharing or income shall be in writing , and copies of all these
agreements shall , upon request , be furnished to the City Manager.
(f) Survey. For businesses engaged in package sale of alcohol for off-premises
consumption , the application shall have attached a survey (dated no more than
180 days prior to submission of the application to the City), certified by a registered
surveyor of this state , showing a scaled drawing of the premises , the location on
the premises where the applicant desires to operate an alcoholic beverage
establishment , and the distance in linear feet measured pursuant to state law and
Section 4-22 of this Chapter to the nearest church building , school building ,
educational building , school grounds or college grounds or college campus
building. If the applicant is a new owner of an establishment at a location where
the sale of alcoholic beverages was lawful at any time during the 12 months
immediately preceding such application , a survey is not required. The City
Manager has the discretion to waive the survey requirement if it can otherwise be
confirmed with clear evidence that there is no school, church , or other restricted
facility in proximity to the proposed licensed premises .
(g) Notary. All applications shall be sworn to by the applicant/Licensee Agent before
a notary public or other officer empowered by law to administer oaths.
(h) Consent. Each applicant/Licensee Agent authorizes the City and its agents to
secure from any court , law enforcement agency , or other public agency his criminal
and civil history and to use such information in determining whether the license
applied for shall be issued. Each applicant , as a consideration of the application ,
further authorizes the City and its agents to use such information in any public
26
hearing with respect to the license applied for , either before or after the issuance
of the license. Each applicant waives any right that he or she would otherwise have
to preclude the City or its agents from obtaining and using such information , and
each applicant further waives any liability of the City or its agents for obtaining and
using such information .
(i) License fees . The application shall be accompanied by the prerequisite application
non -refundable processing fee and license /permit fee(s) as established by the City
Council. Except for applications for permits , all licenses granted under this Chapter
shall be for the months remaining in the calendar year after application is made .
License fees for new licenses granted shall be based on the number of months
remaining in the calendar year; a partial month shall be counted as a full month .
Sec. 4-31. -Separate application for each location and license type required.
A separate license application is required for each location of sale and must identify
the license category for which application is made . A separate license shall be obtained
for each separate location .
Locations will be deemed separate if they have different addresses 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 consumption on-premises shall hold any license to sell
liquor by the package fo r the same location . However, on-premise consumption retailers
may , subject to the provisions of this Chapter , also apply for and obtain a beer and/or
wine package license , provided that all additional requirements are met and additional
fees paid.
Sec . 4-32. -Accurate application required; consequences for false or misleading
statements or omissions .
An applicant shall provide complete and accurate information in support of an
application . Any material omission , false or misleading information contained in or omitted
from an original , renewal or transfer application for an alcoholic beverage license under
this Chapter shall be cause for the denial thereof and , if any license has previously been
granted , such circumstances shall constitute cause for revocation .
Sec. 4-33. -Registered agent required.
All licensed establishments must have and continuously maintain in Fulton County ,
or any county that borders Fulton County , a registered agent upon whom any process ,
27
notice or demand required or permitted by law or under this Chapter required to be served
upon the licensee or owner may be served. This person must be a resident of one of the
aforesaid counties. The licensee shall file the name of such designated registered agent,
along with the written consent of such individual to serve as the registered agent for the
licensee , with the City Manager on such form as he or she may prescribe .
Sec. 4-34. -Non-refundable processing fees .
Each application or renewal for an alcohol license under this Chapter shall be
accompanied by non-refundable processing fees in an amount to be determined by the
City Council to defray processing , administrative , and investigative costs . Processing fees
shall be paid at the time the application is filed . Any person applying for more than one
(1) license on a given application, to the extent that such is authorized by the City
Manager , shall pay only one (1) set of processing fees .
Sec. 4-35. -Withdrawal by applicant; refund of license fee deposit.
(a) Any license application made pursuant to this Chapter may be withdrawn by the
applicant at any time .
(b) If the application is withdrawn before the license is issued , any sums deposited as
license fees will be refunded (without interest), less non-refundable processing
fees . After issuance of the license , no refund will be made . No refunds shall be
made under any circumstances for investigative and administrative expenses
required in this Chapter .
(c) No license shall be renewed for less than a calendar year, and if an issued license
is revoked or surrendered before the expiration of a calendar year, the licenses
shall not be entitled to any refund.
(d) Notwithstanding the foregoing provisions , the City Council may approve a partial
refund of the license fee paid to the City if the licensed business cannot continue
to be operated due to any action taken by the City beyond the licensee's control
(excluding a suspension, revocation or other disciplinary action). If a refund is
approved by the City Council , the refund shall be calculated as follows :
1) Three-fourths of the license fee if the licensee goes out of business during
the first quarter of the calendar year .
2) One-half of the license fee if the licensee goes out of business during the
second quarter of the calendar year .
3) One-fourth of the license fee if the licensee goes out of business during the
third quarter of the calendar year .
28
4) No refund if the licensee goes out of business during the fourth quarter of
the calendar year .
Secs. 4-36 -4-39 Reserved.
DIVISION 4 -GRANT OR DENIAL OF APPLICATIONS; APPEALS
Sec. 4-40. -Consideration of applications by Chief of Police and City Manager.
(a) Chief of Police . Each application for an alcoholic beverage license shall be referred
to the Chief of Police or his or her designee for investigation . The Chief of Police
or his or her designee shall report the findings to the City Manager . Such findings
shall include a recommendation as to the qualifications of the applicant. At the
discretion of the City Manager or his/her designee, this step may be omitted for
grand opening/annual promotion permits .
(b) City Manager. The City Manager shall have the authority to:
(1) Request additional written or investigative information from the applicant or city
staff deemed necessary to consider an application prior to a decision ;
(2) Grant an applicant a temporary alcoholic beverage license , conditional licenses
or any permit , consistent with the provisions of this Chapter;
(3) Submit an applicant's completed license application to the City Council for
hearing , along with a recommendation for approval ;
(4) Submit an applicant's request for "Conditional approval prior to completion of
proposed licensed premises ", in accordance with Sec. 4-43 of this Chapter , to
the City Council for hearing , along with a recommendation for approval or
denial ;
(5) Deny any application on the grounds that it is incomplete , fails to show the
applicant has satisfied the qualifications set forth in this Chapter or other
provisions of this Code ; shows the applicant , location , or application would not
qualify under State law or Georgia Department of Revenue Regulations ; or for
other due cause ; and
(6) Receive and submit an applicant 's appeal of the City Manager's decision to
deny the application to the City Council for hearing , along with a copy of the
City Manager's decision ; and
(7) Receive an applicant 's appeal of the Police Chiefs 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 Chiefs decision.
29
(8) With the exception of temporary alcoholic beverage licenses , conditional
licenses , and all permits , no application for an original license shall be granted
until a public hearing has been held before the City Council as scheduled by
the City Manager or his or her designee .
(c) Notice Required. The City Manager shall provide written notice to any applicant
whose application is denied . Such written notification shall set forth in reasonable
detail the reasons for such denial and shall advise the applicant of the right to an
appeal before the City Council with a right to present evidence and cross examine
witnesses . Such notice shall be mailed by certified mail to the registered agent at
the address provided and to the named licensee at the licensed premises. Delivery
shall be deemed to take place on the third day following deposit in the United
States mail.
Sec. 4-41. -City Council 's consideration of applications; appeals.
(a) Public hearings. The City Council shall hold public hearings to (i) consider license
appl ications and recommendations submitted from the City Manage r 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 ent itled to present
evidence and witnesses and cross -examine the City 's witnesses.
(b) 10 days ' prior noti ce . 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 mai led by certified mail to the registered agent at the
address provided , to the licensee , and to the licensee 's employee . Del ivery shall
be deemed to take place on the third day following deposit in the United States
mail.
(c) During or following the hearing , the City Council may :
(1) Request additional written or investigative information from the applicant , City
Manager , or City staff deemed necessary to consider an application prior to
a decision ;
(2) Consider an application recommended for approval by the City Manager and
render a final determination approving or denying the application ;
30
(3) Hear any appeal from a decision of the City Manager to deny an application
and render a final determination upholding or overturning the City Manager's
decision ;
(4) Consider a recommendation from the City Manager to grant or deny
"Conditional approval prior to completion of proposed licensed premises"
consistent with Sec 4-43 of this Chapter and render a final determination .
(5) Deny any application on the grounds that it is incomplete , fails to show the
applicant has satisfied the qualifications set forth in this Chapter or other
provisions of this Code ; shows the applicant, location or appl ication 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) yea r . 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
appl icant d id not temporarily operate licensed premises under any provision of this
Chapter, the license fee , if paid at the time of application , shall be refunded .
However, non-refundable processing fees and Temporary License fees will not be
refunded . If the applicant operated on prior licensed premises under Section 4-25
of this Chapter while the application was pending , and the application is denied,
the applicant shall be entitled to a pro rata refund of the license fee , if a license fee
was paid at the time of application .
Sec. 4-42. -Exercise of Discretion.
31
(a) The City Manager and City Council , in their discretion , shall consider the evidence,
including any extenuating , aggravating or mitigation facts or circumstances that
may affect or reflect upon the applicant , the application, and/or the proposed
location of the business in light of this Chapter.
(b) If, after consideration of the evidence, the City Council determines that stipulations
or conditions should attach to a decision to approve an application , the City Council
shall provide for such conditions in its action .
(c) In addition to all other authority to grant or deny a license , any application for a
license may be denied by the City to safeguard the health , safety and welfare of
the community . In making such a determination , the City Council shall assess the
extent to which the granting of the license or the continued holding of the license
would contribute to issues , including but not limited to , littering , loitering or public
consumption of alcoholic beverages in the area of the establishment , and the
exposure of minors to the sale of alcoholic beverages because of the number of
minors who frequent the establishment.
Sec. 4-43. -Conditional approval prior to completion of proposed licensed
premises.
If a building intending to operate under this Chapter is , at the time of the application
for a license , not in existence or not yet completed, a license may be conditionally
approved by the City Manager or his/her designee for the location , provided the plans for
the proposed building clearly show an intention to comply with all local , state , and federal
requirements . No sales or consumption shall be allowed in the establishment until it has
b~en 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
32
Sec. 4-50. -Annual expiration; renewal requirements .
(a) All licenses granted under this Chapter shall expire on December 31 of each
year . Licensees shall be required to file a renewal application accompanied by
the requisite fee with the City Manager on the form provided for a renewal
license for the ensuing year.
(b) The Applicant for renewal shall be required to comply with all rules and
regulations for the granting of licenses each year, including the submittal of the
required forms , reports or other requested data establishing compliance with
criminal history requirements of this Chapter.
(c) Alcoholic beverage license renewal applications and payments are due on or
before November 15 of each year . Renewal applications and payments
received between November 16 and December 15 are subject to a ten percent
(10%) late fee , plus interest.
(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 responsib le for the consequences of delays in the issuance
of any license under this Chapter.
Sec. 4-51. -Automatic forfeiture of license for nonuse.
(a) All holders of licenses under this Chapter must, within six (6) months after the
issuance of said license , open for business the establishment referred to in the
license . Failure to open the licensed establishment within six (6) months after
the issuance of such license shall serve as cause for the revocation of such
license , and no refund of license fees or other related fees shall be made. A
three-month (3) extension to the original six-month (6) period may be granted
by the City Manager if requested within the said six-month (6) period in
compliance with other sections of this Chapter.
(b) Any Licensee under this Chapter who shall for a period of three (3) consecutive
months after the license has been issued cease to operate the business and
sale or service of the products authorized shall automatically forfeit the license
without the necessity of any further action .
Sec. 4-52. -Transferability of license.
No alcoholic beverage license shall be transferable , except as otherwise provided
in this section .
(a) In the event of the death of a licensee , the establishment shall be allowed to
continue to sell or serve alcoholic beverages , or otherwise continue to operate
with a BYOB License , in accordance with this Chapter, for a period of 45 days
from the date of death , or until the expiration of the license , or until approval of
a new licensee , whichever shall first occur; provided that no sale or on-premise
consumption of alcoholic beverages shall be allowed until such time as a new
application for a license is made. The application shall indicate that no change
of ownership has occurred , except as allowed for in this section . Upon issuance
of a new license , the authorization related to alcoholic beverages under the
previous license shall be revoked by operation of law . No additional license
fees shall be required during the period for which the original license was
issued.
(b) If a license is surrendered or a licensee severs his or her association with a
licensed establishment but there is no change in ownership , 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 alcoho lic
beverages or otherwise operate pursuant to any license under this Chapter until
such time as a new app lication 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
34
of location. Should such a transfer of a location be approved , with no change
of ownership of the business , the license fee paid for the previous license shall
be applied to the new location . Each applicant for a transfer of location shall
pay a transfer fee as set forth from time to time by City Council ordinance.
(f) Violation of this Section may result in the suspension or revocation of the
license being used and/or a fine on the new ownership and the old ownership
as provided in this Chapter.
(g) If a violation of this section results in revocation of the license , no license will
be issued to the old or the new owner in the City for one ( 1) year from the date
of such violation .
Secs. 4-53-4-59. Reserved.
DIVISION 6. -SUSPENSION, REVOCATION , OTHER PENAL TIES
Sec. 4-60. -Suspension or revocation of license or permit; other penalties
authorized.
(a) The City Council shall be authorized to suspend or revoke an alcoholic
beverage license or permit or impose other penalties upon the licensee ,
licensee 's employee , or licensee 's agent under the conditions set forth in this
Chapter. However, no revocation , suspension or other penalty shall be
imposed without first providing the notice , hearing , and appeal rights as more
specifically provided in this Chapter.
(b) No alcoholic beverage license or permit, after having been issued , shall be
suspended or revoked except for due cause . Sufficient grounds, or due cause ,
for the suspension or revocation of a license or the imposition of other
penalties include , but are not limited to , the following :
1) The violation of the laws or ordinances regulating the business ;
2) The violation of any local , state or federal law;
3) The violation of provisions of this Chapter;
4) Any reason which would authorize the City to refuse the issuance of a
license or permit;
5) Where a licensee has failed to open for business within s ix (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)
35
months , upon the timely receipt of a written request from a licensee for
such an extension ;
6) After opening , where a licensee has ceased to operate the business for
a period of three (3) consecutive months ;
7) Where a licensee's state license or permit for the sale of alcoholic
beverages has been suspended or revoked ;
8) Where a licensee or such licensee 's employee or agent , has sold or
served alcoholic beverages or allowed patrons to bring the ir own alcohol
to the premises during a period of suspension ;
9) Where a licensee has provided incomplete , fraudulent or untruthful
information in the original application or renewal process for an alcoholic
beverage license ;
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 C ity 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 ;
36
16)Where a licensee or an individual or person with 20 percent (20%) or
more ownership in the entity, or any officer or director of the licensee
shall have a conviction for any of the following subsequent to issuance
of the license: moral turpitude , illegal gambling, felony possession or
sale of controlled substances , illegal possession or sale of alcoholic
beverages , including the sale or transfer of alcoholic beverages to
minors in a manner contrary to law; keeping a place of prostitution;
pandering; pimping; public indecency ; prostitution; solicitation of
sodomy ; or any sexually related crime.
17) In addition to all other authority to suspend or revoke a permit or
license , any license may be suspended or revoked to safeguard the
health , safety and welfare of the community. In making such a
determination , the city council shall assess the extent to which the
continued holding of the license would contribute to issues , including
but not limited to , littering , loitering or public consumption of alcoholic
beverages in the area of the 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 th is
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
37
charges , and following the receipt and consideration of any
response , the City Manager shall determine whether due cause
exists to recommend action against the licensee , licensee 's
employee or licensee 's agent , up to and including revocation of the
license or permit.
4) Upon a finding of due cause , the City Manager shall provide written
notice to the licensee , licensee 's employee , and/or licensee 's agent ,
as appropriate , setting forth in reasonable detail the facts upon
which due cause exists to take action , the nature of the proposed
action , and advising of the scheduling of a public hearing before the
City Council with a right to present evidence and cross examine
witnesses . Such notice shall be mailed by certified mail to the
registered agent at the address provided , to the named licensee at
the licensed premises , and to any person alleged to have committed
the violation. Delivery shall be deemed to take place on the third day
following deposit in the United 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
38
penalty , up to and including suspension and/or revocation of a permit or
license .
(d) Appeal. Any decision by the City Council denying an application shall be final
unless the applicant applies to the Superior Court of Fulton County by filing a
petition for writ of certiorari within 30 days of the decision rendered by the City
Council.
(e) Reapplication permitted after one (1) year. In all instances in which a license is
revoked , the licensee may not reapply for a license for the same location for at
least one (1) year from the date of such final denial.
(f) No return of license fee upon revocation . If the license is revoked , the licensee
shall not be entitled to the return of all , or any portion of, the license fee .
Sec. 4-63. -Exercise of discretion ; consideration of mitigating factors.
(a) Nothing in this Section shall be deemed to require suspension or revocation of
a license , and each violation should be considered at the discretion of the City
Council on a case by case basis . The City Manager and City Council , in their
discretion , shall consider the evidence , including any extenuating , aggravating
or mitigation facts or circumstances that may affect or reflect upon the
applicant, the application , and/or the location of the business in light of this
Chapter .
(b) Penalties for the licensee may be mitigated by the City Council upon
presentation of evidence that the licensee established practices and
procedures to prevent the violation from occurring . Such mitigating factors may
include :
1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop
by the licensee and/or managers ;
2) Implementation and components of written policies ;
3) Evidence that employees have or do not have alcohol seller/server permits ;
4) Evidence that the licensee conducts its own "secret shoppe r" or internal
"sting" operat ions 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 ;
39
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 .
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 suspens ion 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 min imum 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 .
40
3) The third conviction within a consecutive 24-month period shall result in
a mandatory hearing before the City Council , a minimum fine of
$1 ,000 .00 , and revocation of the license absent a showing of mitigating
circumstances deemed sufficient in the discretion of the City Council to
allow retention of the license .
(c) Nothing contained in this Chapter shall be construed to preclude the City
Council from suspending or revoking an alcoholic beverage license or alcohol
seller/server permit for a period exceeding those described in this Section if the
City Council determines in its discretion that such action is necessary and in
the best interest of the public health , safety and welfare of the City .
(d) For any license suspension of less than thirty (30) days , the licensee will not
be required to remove alcoholic beverages from the premises , but shall be
required to secure with lock and chain , or similar locking mechanism , all
refrigeration units containing alcoholic beverages , and remove non -refrigerated
alcoholic beverages to an on -premises locked storage area or otherw ise secure
such beverages so that they are out of view and access of the public .
(e) Actions taken by the City Council shall be in addition to any criminal citation
and prosecution by the City . Each violation of this Chapter shall constitute a
separate offense subject to a separate citation and penalties . Crim inal 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 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 Growler . This license type would be available to the
following types of qualified establishments : Brewpubs , City Food
41
Markets , Craft Beer and/or Wine Markets , Growler/Growler 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
to sell wine by the package , and other general package establishments
not specifically prohibited or specifically provided for under this
ordinance . Package wine license holders may not hold a BYOB
License .
3) Retail Package Liquor License : Allows retail sale of liquor in the original
package . This category of license shall only be available to be issued to
an off-premise liquor retailer , distillery or micro -distillery . On-premise
consumption licensees are prohibited from selling or providing liquor in
the original package to patrons , except for distilleries and micro-
distilleries.
4) Specialty Gift Shop License : Off-premise retail package license allows
for the sale of beer and/or wine by the package for consumption off-
premises . This license is available at a reduced rate due to the
incidental nature of alcohol sales for this type of business .
(b) On-Premise Licenses . Applicants that satisfy the applicable zoning
requirements may apply for a consumption on -premise (COP) license that
includes one (1) or more of the following types of retail consumption categories
of on-premise licenses :
1) Standard COP Licenses
a . Beer/Wine/Liquor COP License : Allows retail sale of beer, wine ,
and liquor for consumption on-premises . This license type would
be available to the following types of qualified establishments that
meet the criteria above : Assembly Halls , City Food Markets ,
Eat ing Establishments , Events Facilities , Food Hall Cafes , Free -
Standing Vendors , Golf Courses , Hotels , Limited Food Service
Restaurants , Restaurants , Private Clubs , Sports Clubs , and other
establishments not prohibited under this Chapter. To obtain this
license , an enterprise must either: (i) qualify as an eating
establishment ; or (ii) derive a minimum of thirty percent (30%) of
its total annual gross food and beverage sales from the sale of
prepared meals or food and obtain a Limited Food Service
Restaurant License .
42
b. Beer and/or Wine COP License : This license type would be
available to the following types of qualified establishments that
meet the criteria above : Assembly Halls, City Food Markets ,
Eating Establishments , Events Facilities , Food Hall Cafes , Free-
Standing Vendors , Golf Courses , Hotels , Restaurants , Private
Clubs , Sports Clubs , and other establishments not prohibited
under this ordinance. To obtain this license , an enterprise must
either : (i) qualify as an eating establishment; or (ii) derive a
minimum of thirty percent (30%) of its total annual gross food and
beverage sales from the sale of prepared meals or food and
obtain a Limited Food Service Restaurant License ; or (iii) also
obtain a craft beer and/or wine market license .
2) Limited COP Licenses: Allows limited sales and/or consumption of
alcoholic beverages on premises for those not otherwise in possession
of one of the two on-premises licenses listed above. These licenses are:
a. BYOB License -Allows an establishment to permit patrons to
bring into the establishment unopened beer and/or wine for
consumption on-premises .
b. Incidental Service License -Allows an establishment that does
not sell food that was prepared on the premises and does not
charge for any alcoholic beverage to have beer/wine service and
consumption .
c . Limited Tap License -Allows an establishment to sell a limited
selection of craft beers on tap for consumption on premises .
d . Courtyard Market License -Allows a commercial or retail center
to hold events or have free-standing vendors sell or serve alcohol
within a designated courtyard area .
e . Special Events Facility License -Allows an establishment to
have staff or contractors (other than alcoholic beverage
caterers) serve alcohol at special events.
(c) Manufacturer Licenses . The following licenses allow the manufacture of
alcohol for consumption. Such licenses are not required for private production
for private use and consumption of beer under O .C.G.A. § 3-5-4 or wine as
permitted under O.C .G.A. § 3-6-3 , and as otherwise expressly permitted by
state law :
1) Manufacturer's License -Breweries and Distilleries . The fees for such
licenses will be set from time to time by the City Council.
43
2) Manufacturer's License -Micro-Breweries and Micro-Distilleries . The
fees for such licenses will be set from time to time by the City Council.
(d) Hybrid Manufacture-Sale Licenses. The following licenses permit both
manufacture and sale of alcohol at a facility , replacing the need for separate
Off-Premises , On-Premises and Manufacturer licenses .
1) Brewpub License : Hybrid license allows an Eating Establishment that
satisfies the definition and requirements of a Brewpub to manufacture
beer as well as sell beer by the drink for consumption on-premises and
by the package for consumption off-premises .
2) Farm Winery License : Hybrid license allows an establishment that
satisfies the definition and requirements of a Georgia Farm Winery to
sell wine at its premises by the package or for consumption on-premises
as authorized by Georgia law .
(e) Add-On Services and Specialty Licenses. Applicants that are otherwise
licensed under an Off-Premises , On-Premises, Manufacturer , or Hybrid license
may apply for the following supplemental licenses to provide additional services
or specialty sales:
1) Sunday Sales License: Separate alcoholic beverage license and
payment of appropriate fees required for the Sunday sale of alcoholic
beverages for consumption on-premises or by the package for off-
premises consumption (to the extent allowed by state law). Farm
Wineries , distillers , and brewers are not required to obtain a separate
Sunday Sales License to provide alcohol on Sundays as long as they
are operating in compliance with applicable local and state laws
regarding the sale of alcoholic beverages .
2) Alcoholic Beverage Catering License: Allows a licensed on-premise
consumption retailer or licensed off-premises package retailer qualified
under state law to deliver and serve alcohol at locations other than its
licensed facility . This license does not eliminate the need for the
alcoholic beverage caterer to obtain a Catered Events Permit for each
such catered event.
3) BYOB License (Existing On-Premises Licensee): Allows holders of an
on-premises license to permit a patron to bring into the establishment
unopened beer and/or wine for consumption on -premises.
4) Limited Food Service Restaurant: Allows the holder of an on-premises
license to operate a restaurant with alcohol sales for consumption on-
premises while not meeting the requirements of an eating
establishment.
44
5) Restaurant Package Sale License : Allows holders of an on-premises
license that qualifies as a restaurant to sell packaged beer and wine
without the need for a separate off-premises license.
6) Craft Beer and/or Wine Market: Allows certain holders of an off-
premises license and an on-premises license to sell alcohol at a craft
beer/wine market.
7) Growler/Crow/er License : Allows holders of an off-premises license to
sell alcohol in growler/crawler packaging.
8) Ancillary Tasting License : Allows holders of an off-premises license to
offer the public , at no charge , small quantities of alcohol for on-
premises consumption .
(f) Summary of License Types.
(1) The following chart lists the license types and prerequisite underlying
licenses :
License Category License Name Prerequisite License
Off-Premises Packaqe Sales Packaqe beer None
Off-Premises Package Sales Packaqe wine None
Off-Premises Package Sales Package liquor None
Off-Premises Package Sales Specialty gift shop None
On -Premises Consumption Beer/wine/liquor None if an eating establishment;
(Standard) otherwise th is must be paired with a
Limited Food Service License.
On -Premises Consumption Beer/wine None if an eating establishment;
(Standard) otherwise this must be paired with a
Limited Food Service License or
Craft Beer and/or Wine Market
License .
On -Premises Consumption BYOB None
(Limited)
On -Premises Consumption Incidental service None
(Limited)
On -Premises Consumption Limited tap None
(Lim ited)
On -Premises Consumption Courtyard market None
(Limited)
On -Premises Consumption Special events facility None
(Limited)
Manufacturing Brewery or distillery None
Manufacturing Micro -brewery or micro-None
distillery
Hybrid Brewpub None
45
Hybrid Farm Winery None
Add -On Sunday sales Off-Premises Package Sales , On-
Premises Consumption (Standard),
On-Premises Consumption
(Limited}, or Hybrid
Add -On Catering Off-Premises Package Sales or On -
Premises Consumption (Standard)
Add-On BYOB On-Premises Consumption
(Standard ) or On-Premises
Consumption (Limited)
Add-On Limited Food Service License On -Premises Consumption
(Standard)
Add -On Restaurant Package On -Premises Consumption
Sales (Standard)
Add -On Craft Beer and/or Wine Market Off-Premises Package Sales and
either On -Premises Consumption
(Standard) or On-Premises
Consumpt ion (Limited)
Add-On Growler/Growler Off-Premises Package Sales
Add -On Ancillary Tasting Off-Premises Package Sales ,
Manufactu ri ng or Hybrid licenses .
(2) The fee for each license shall be set by resolution of the Mayor and City
Council , and this fee shall remain in effect until modified or amended by
subsequent resolution .
Sec. 4-71. -Temporary Alcoholic Beverage License: Temporary alcoholic
beverage licenses may be issued for a limited duration to an applicant whose
application for a license appears on its face to meet all of the requirements of this
Chapter and the zoning ordinance . This license may be suspended or revoked if it is
determined that the application or the applicant does not meet the City's requirements
to hold an alcohol license .
4-72. -One-Time Permits: Permits for service of alcohol may be issued for specific
events of limited duration to applicants who lack a license allowing the sales ,
consumption , or service intended at the specific event . Permit fees and requirements
may be waived by the City Manager or his or her designee when such permits are for
a City sponsored event, so long as the applicant shows proof of current alcohol
licenses and pouring/server permits. The following permits may be issued :
(a) Special event permit
1) Existing on -premises licensee
2) Non-licensee
(b) Grand opening/annual promotion permit
(c) Public facilities event alcohol permit
(d) Catered event permit.
46
Sec. 4-73 -4-74. Reserved.
DIVISION 2. -SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES
Sec. 4-75. Reserved.
(a) Sec. 4-76. -License prohibited for liquor package sales in connection with
certain establishments No retail license for the sale of liquor by the package shall
be allowed in or in connection with any business holding a license for any type of on -
premise consumption .
Sec. 4-77. Limited Sales or Consumption On-Premises Licenses .
Certain establishments that do not possess a Beer/Wine/Liquor COP License or a
Bee r/Wine COP License may be qualified to obtain licenses that allow for limited
service or sale of certain alcoholic beverages for on -premises consumption as follows :
(a) "Bring You r Own Beverage " (BYOB) License (No Pre-existing On -Premises
License). A "Bring Your Own Beverage" License is available to allow an
otherwise qualified establishment upon a successful application and payment
of appropriate fees to permit a patron to bring into the establishment unopened
beer and/or wine for consumption on -premises. A BYOB license may be issued
to eating establishments that hold on -premise consumption licenses as well as
to approved establishments that are not licensed to sell or serve alcoholic
beverages . Notwithstanding any other contrary provision of this Chapter, a
BYOB License may be issued and maintained at an approved establishment
only under the following conditions .
1) The hours during which BYOB is allowed are limited to 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
47
separate BYOB license . BYOB licenses may only be issued to
establishments in a zoning district that allows such use .
5) For purposes of this Section , the term BYOB establishment shall not
include a private hotel room or other similar guest room or a private club.
6) Further requirements and prohibitions for an establishment holding a
BYOB license include the following :
i. The establishment may not sell liquor by the package .
ii. The licensee must have an established policy pertaining to BYOB
practices and may in its discretion charge a corkage fee and have
available, either for a fee or not, barware such as glasses , ice
buckets and bottle openers for the patrons' use .
iii. With the exception of situations where a patron has rented an
entire section of the premises for a private function , BYOB
beverages are limited to beer and wine .
iv . No alcohol may be brought onto the premises of a BYOB licensed
establishment or consumed by a patron under 21 years of age .
v . No alcohol may be brought onto the premises by a patron less
than one (1) hour prior to closing .
vi . All alcohol brought onto the premises by a patron must be
removed from the premises or disposed of by the patron .
vii. Any beer or wine opened and not completely consumed at a
business establishment pursuant to a BYOB license shall be
properly disposed of and not kept on the premises .
viii . Employees of the establishment/licensee are prohibited from
handling any patron 's alcohol unless removing it to dispose of it.
If a patron leaves the alcohol on the premises , it must be
disposed of and not allowed to remain on the premises.
(b) Incidental Service License. An Incidental Service License is available to a
qualified establishment upon a successful application and payment of
appropriate fees to allow beer and/or wine consumption (but not sale) at an
otherwise qualified establishment that does not sell food prepared on the
premises and for which the service of food and beverage for consumption on-
premises is not its primary business . A license may be issued and maintained
at such an establishment only under the following conditions :
1) The establishment cannot charge for alcohol.
48
2) The service of alcohol is limited to beer and wine .
3) The licensee shall not allow consumption by any individual to exceed 16
ounces of wine or 24 ounces of beer within a calendar day .
4) Alcohol expenses shall not exceed two percent (2%) of gross receipts .
5) The hours during which beer and/or wine may be sold or consumed on
the premises are limited to Monday through Saturday , from 9 :00 a .m .
until 10 :00 p.m .
6) The establishment must meet the other qualifications and comply with
the other provisions in this Chapter that govern on -premise consumption
dealers .
7) An establishment with an Incidental Service License is not eligible to
also hold a package or BYOB license .
(c) Limited Tap License . A Limited Tap License is available to a qualified
establishment upon a successful application and payment of appropriate fees
to allow craft beer consumption at an otherwise qualified establishment that
does not sell food prepared on the premises and for which the service of food
and beverage is not its primary business . A license may be issued and
maintained by such an establishment only under the following conditions:
1) The service of alcohol is limited to five (5) or fewer beer taps .
2) The establishment must gain approval from the Fire Marshall and
Building Official in accordance with applicable codes .
3) The licensee shall not allow consumption by any individual to exceed 48
ounces within a calendar day .
4) The hours during which beer may be sold or consumed on the premises
are limited to Monday through Saturday , from 9 :00 a.m . until 10 :00 p .m .
5) The establishment must meet the other qualifications and comply with
the other provisions on this Chapter that govern on -premise
consumption dealers .
6) A Limited Tap Establishment is not eligible to also hold a package or
BYOB License .
(d) Courtyard Market License : Allows owner or property manager of a commercial
or retail center that meets the requirements of a Courtyard Market to hold
events or have free-standing vendors sell or serve alcohol within a designated
courtyard area on the licensed premises without being required to obtain a
49
separate Special Event Alcohol Permit. The applicant for a Courtyard Market
license shall show by plat or survey , submitted with the license application, the
physical delineation of the area in which alcoholic beverages will be sold ,
consumed , and stored and such area shall be included as part of the premises
as defined in this Section . Licenses to sell alcoholic beverages for consumption
on-premises as a Courtyard Market may only be issued to the owner or
property manager of the Courtyard Market.
(e) Special events facility license .
1) Where staff for a special events facility , or contractors hired by that
facility who are not separately licensed alcoholic beverage caterers , will
be dispensing or serving alcohol , the special events facility must obtain
a separate license for on -premise consumption .
2) Where a caterer is hired and separately licensed, and where that caterer
will be the only entity dispensing or serving alcohol , the special events
facility need not obtain a separate license for on-premise consumption.
3) In order to be eligible for a consumption on-premises license , a special
events facility must:
i. Be available to public or private groups of persons ;
ii . For monetary consideration on a rental , fee , percentage , or
similar basis , be used primarily for special occasions , including
but not limited to , receptions , meetings, banquets , conventions ,
parties , catered events , or similar gatherings ; and
iii. Be open to or attended by invited or selected guests or paying
patrons; or
iv . Be a sports complex situated in conformance with the City's
zoning ordinances .
Sec. 4-78 -83. Reserved.
Sec. 4-84. -Brewpubs .
A limited exception to the provisions of this Chapter which implement and enforce
the three-tier system for the manufacture, distribution and sale of beer established
under state law shall exist for owners and operators of brewpubs , subject to the
following terms and conditions :
(a) No individual or person shall be permitted to own or operate a brewpub without
first obtaining a proper Brewpub License from the City Council and payment
of appropriate fees pursuant to the procedures set forth in this Chapter, and
50
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 engage in the retail sale of beer
for off-premises consumption , so long as beers sold by the package by the
brewpub are manufactured on site , subject to the limitations of state law and
this Section .
(d) A brewpub license authorizes the holder of such license to :
(1) Manufacture on the licensed premises not more than 10 ,000 barrels of
beer in a calendar year ;
(2) Sell directly to the public on its licensed premises up to 3,000 barrels of
beer manufactured on such licensed premises per year provided that
any such sales by the package directly to consumers shall not exceed
a maximum of 288 ounces per consumer per day.
(3) Operate a restaurant that shall be the sole retail outlet for such beer
provided directly for on -premise consumption (not through a
wholesaler). Such outlet may offer for sale any ot her alcoholic
beverages produced by other manufacturers which are separately
authorized for consumption on -premises by this Article , including beer ,
wine and liquor , provided that such alcoholic beverages are purchased
from a licensed wholesaler for consumption on-premises only ; and ,
provided , further , that in addition to draft beer manufactured on the
premises , each brewpub licensee shall offer for sale commercially
available canned or bottled beer from licensed wholesalers for
consumption on -premises only .
(4) Such retail sales are permitted on the days and at the t imes 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
51
dealers for distribution to retailers and on-premise consumption
retailers
(6) Be issued a tasting license .
(e) Notwithstanding the foregoing provision , possession of a Brewpub License
shall not prevent the holder of such license from obtaining another license
authorized under this Chapter for the same premises .
(f) A Brewpub Licensee shall not offer or permit any free sampling of beer by its
patrons on the premises , except pursuant to the terms of its tasting license .
(g) A Brewpub Licensee shall pay all state and local license fees and excise taxes
applicable .
(h) For the purposes of this Section , the term "barrel" means 31 gallons of beer.
(i) Except as set forth in this Section, a Brewpub License holder shall be subject
to all provisions of this Chapter.
Sec. 4-85. -Farm wineries.
(a) Any duly licensed Farm Winery may make retail sales of its wine , other Georgia
wines , and wines produced or shipped from out of state as permitted under
State law in a tasting room on the premises of the Farm Winery without
additional license requirements. Nothing in this Section shall be deemed to
prohibit a Farm Winery from obtaining appropriate licenses or permits to allow
special events on its premises and provide alcohol in conjunction with such
licenses or permits as permitted by state law and City Ordinances .
(b) To obtain and maintain a license , a Farm Winery must be in compliance with
Chapter 64 of the City of Milton Code of Ordinances .
(c) Permitted sales. A Farm Winery may sell its wine , other Georgia wines , and
wines produced or shipped from out of state as permitted under State law at
retail in a tasting room or other facility on the premises of the winery for
consumption on-premises and in closed packages for consumption off-
premises . Other sales of alcohol may be as permitted by state law and City
Ordinances .
(d) Tastings . Offering of samples free of charge shall require an ancillary tasting
license .
(e) Licensee qualifications . The qualifications for the license for sale by Farm
Winery tasting room shall be the same as set forth in this Section .
52
(f) Licenses issued. The alcoholic beverage licenses which are issued to Farm
Wineries under a Farm Winery license issued under this Chapters are :
1) Wholesaler of Farm Winery production . A Farm Winery shall be granted
a wholesale license for sale and distribution as provided by O.C .G.A. §
3-6-21.1. Such license shall be issued upon application and payment of
established fees and upon presentation of a receipt for payment of the
state annual license tax as provided by the referenced code provisions
in this Section.
2) Retail package sales of wine . All sales shall be by and through the Farm
Winery tasting room at the site which said license is issued .
3) Farm Winery tasting room for consumption on -premises sales of wine .
Each license for the sale of wine for consumption on-premises shall
require that all consumption shall be at the Farm Winery site for which
said license is issued . This site shall include any wedding or dining
facilities associated with the Farm Winery. Except as specifically set
forth in this Article, all such licenses remain subject to all other provisions
of this Chapter that govern on-premise consumption .
4) Multiple Farms Winery licenses. A Farm Winery may apply for and , if
approved , may be issued multiple Farm Winery licenses as provided in
this Section for any single site. At the primary Farm Winery facility where
the wine is produced , such site may be licensed for wholesale , retail
package sales and consumption on -premises sales. For any site other
than the primary Farm Winery facility where the wine is produced , up to
the maximum number of such sites as may be permitted by state statute,
such site may be licensed for retail package wine sales and consumption
on-premise .
5) Special Event Alcohol Permit or Events Facility License . Nothing in this
Section shall be deemed to prohibit a Farm Winery from obtaining
appropriate licenses or permits to allow special events on its premises
and provide alcohol in conjunction with such licenses as permitted by
state law and City Ordinances.
(g) Ratio of sales . There shall be no specified or required ratio of alcohol sales to
any other income for Farm Winery operations .
(h) Hours and days of sale . Farm Wineries shall be permitted to operate only
during the following hours and days of the week , as indicated :
1) Monday through Saturday , from 9:00 a .m . until 10 :00 p .m .
2) Sunday from 12 :30 p.m . until 10 :00 p.m.
53
3) The licensed business shall open its business each day it is open by not
later than 5:00 p.m.
(i) Applicable provisions. The provisions of this Chapter regarding qualifications
of the licensee and other matters shall apply to the issuance of the license for
sale by a Farm Winery tasting room and the operation thereof.
0) Licensing limitations . The tasting license created in accord with this Article shall
be limited to Farm Winery tasting rooms licensed by the State of Georgia in
accord with O .C .G .A. § 3-6-21.1 et seq ., and the licensee shall be permitted to
perform only acts allowed in accord with such statutes . No license is hereby
created authorizing any other tasting use .
(k) Renewals . All applications for renewal of a Farm Winery license or licenses
shall be accompanied by a copy of the current state license . Failure to present
a valid copy of a current and valid state license may result in a refusal to renew
the license .
Sec. 4-86 -Sunday sales. This license requires compliance with the requirements
of state law with respect to the sale of alcoholic beverages on Sunday , and payment
of the applicable fee .
Sec. 4-87 -Alcoholic beverage caterers.
(a) License and permit requirements for resident alcoholic beverage caterers .
1) Any off-premise or on -premise alcohol beverage licensee within the City
may apply for an Alcoholic Beverage Catering License that , when
utilized in compliance with state law and upon receipt of a Catered Event
Permit , permits the transport , delivery and sale of alcoholic beverages
for service and consumption at private functions on private property , at
duly licensed special events and at assembly halls or special events
facilities .
2) Each catering license , authorized herein , shall be valid through
December 31 for the year for which they are issued . The fee for each
license shall be set by resolution of the Mayor and City Counc il, 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.
54
(c) Catered Event Permit Approval. In order to distribute or sell beer, wine or liquor
to or at a catered function within the City , a licensed alcoholic beverage caterer
shall file an application for a Catered Event Permit with the City Manager or his
or her designee . The application shall include the name of the caterer, the
name, date , address and time of the event , the caterer's state and local license
numbers and expiration dates , the quantity and type of alcoholic beverages to
be transported and any other information the City deems necessary to review
a request for such Approval. There will be an annual fee set by City Council for
applications filed by resident caterers. Non-resident caterers must include with
the application a copy of the caterer's current alcohol license and server
permits from the non-resident caterer's home jurisdiction . For non -resident
caterers , the fee for each permit shall be established from time to time by the
Mayor and City Council as authorized by O.C .G.A. § 3-11 -3 (or such fee as
may be authorized by any future amendment or revision thereto).
(d) A copy of the local and state Alcoholic Beverage Catering Licenses as well as
the original Catered Event Permit shall be kept in the vehicle transporting the
alcoholic beverages to the catered event or function .
(e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute , sell ,
or otherwise dispense alcoholic beverages off-premises except as authorized
by the Alcoholic Beverage Catering License and Catered Event Permit. A
licensed alcoholic beverage caterer may sell or otherwise dispense only that
which is authorized by its alcoholic beverage license . For example , if the
alcoholic beverage caterer possesses a valid license to sell beer, it may sell or
otherwise dispense only beer at the authorized catered event or function.
(f) Bartenders and /or servers for licensed alcoholic beverage catere rs 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 w ith respect to the service of alcoholic
beverages on Sunday.
(h) Excise taxes are imposed upon the sale of alcoholic beverages by resident
caterers as provided in this Chapter . Excise taxes are imposed upon the total
of individual alcoholic beverages served by a non-resident caterer in the
amount set forth in this Chapter and shall be paid within 30 days after the
conclusion of the catered event or function .
Sec . 4-88. Bring Your Own Beverage (BYOB) License (On-Premises Licensees)
(a) A "Bring Your Own Beverage" License is available to allow an otherwise
qualified establishment upon a successful application and payment of
appropriate fees to permit a patron to bring into the establishment unopened
55
beer and/or wine for consumption on-premises . A BYOB license may be issued
to eating establishments that hold on -premise consumption licenses as well as
to approved establishments that are not licensed to sell or serve alcoholic
beverages . Notwithstanding any other contrary provision of this Chapter, a
BYOB License may be issued and maintained at an approved establishment
only under the following conditions .
1) The hours during which BYOB is allowed are limited to Monday through
Saturday , from 9 :00 a .m. until 1 hour before close. Sunday from 12 :30
p .m . until 1 hour before close if the establishment qualifies as an eating
establishment. If the establishment does not qualify as an eating
establishment , alcoholic beverages may not be brought onto the
premises of the establishment by patrons on Sundays .
2) Off-prem ise 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 pr ivate club.
6) Further requirements and prohibitions for an establishment holding a
BYOB license include the follow ing :
i. The establishment may not sell liquor by the package .
ii. The licensee must have an established policy pertaining to BYOB
practices and may in its discretion charge a corkage fee and have
available , either for a fee or not , barware such as glasses, ice
buckets and bottle openers for the patrons' use .
iii . With the exception of situations where a patron has rented an
entire section of the premises for a private function , BYOB
beverages are limited to beer and wine.
56
iv. No alcohol may be brought onto the premises of a BYOB licensed
establishment or consumed by a patron under 21 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 establishmenUlicensee are prohibited from
handling any patron 's alcohol unless removing it to dispose of it.
If a patron leaves the alcohol on the premises , it must be
disposed of and not allowed to remain on the premises .
Sec. 4-89. -Limited Food Service Restaurant License. A supplemental Limited
Food Service Restaurant License is required to sell alcohol for consumption on -
premises at a Limited Food Service Restaurant. A Limited Food Service Restaurant
must derive at least 30 percent (30%) of its total annual gross food and beverage sales
from the sale of prepared meals or food . Limited Food Service Restaurant do not
qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales
License .
Sec. 4-90 . -Restaurant Package Sale License .
(b) Sale of beer and/or wine for consumption off-premises sold by a restaurant
licensed for on-premises consumption is subject to the following provisions :
1) Beer and/or wine shall be properly labeled in accordance with this
Chapter and state law;
2) Beer and/or wine purchases may only be made in conjunction with a
food purchase ;
3) No more than one (1) bottle of wine and/or one (1) pac kage of beer
may be sold to a legally aged patron ; and
4) The price of beer and/or wine for consumption off-premises must be
the same as the price for beer and/or wine consumed on premises .
(b) Wine that has been opened for consumption on the premises may be removed
from the premises by the patron only when the licensee has complied with the
"Merlot to Go " provisions of Section 4-134 of this Chapter and state law
57
governing the same. This subsection does not apply to beer that has been
opened for consumption on the premises ;
(c) Sales of beer and/or wine by the package may only be processed by
employees or agents authorized by the licensee and meeting the qualifications
of this Chapter to sell alcoholic beverages ;
(d) Nothing in this Section shall authorize , permit , or otherwise allow an on-premise
consumption retailer to obtain a license as an off-premise liquor retailer .
(e) Notwithstanding any of the provisions of this Section , on-premise consumption
retailers shall not sell beer or wine by the package for carryout purposes:
1) On any day or at any time when the sale of package beer or wine for
carryout purposes is otherwise prohibited by law ; or
2) At any location which is within distances to grounds or buildings where
the sale of alcoholic beverages for carryout purposes is otherwise
prohibited by law .
Sec. 4-91. -Craft Beer and/or Wine Market License. A Craft Beer and/or Wine
Market License is available to a qualified establishment in conjunction with application
and payment of appropriate fees to allow sales by the package and for consumption
on -premises of craft beer and/or wine . Such license is available to an otherwise
qualified establishment under the following conditions :
(a) The establishment shall offer a minimum of fifty (50) different bee r and/or
wine selections .
(b) The establishment must meet the quantity restrictions and/or requirements as
set forth in this Chapter and specified by state law . The establishment shall
meet all distance requirements for a consumption on-premise license as well
as an off-premise beer and/or wine package license.
(c) The primary purpose of the establishment must be the package sale of craft
beers and/or wine for consumption off-premises .
(d) Sales of craft beers and wines may be for consumption on-premises and/or
package (including Growlers or Crawlers). 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 .
(e) Craft Beer and/or Wine Markets shall be permitted in areas currently zoned to
allow for both on-premise and off-premise consumption and shall meet all
distance requirements for both types of licenses.
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(f) Craft beers and wine consumed on the premises of a Craft Beer and/or Wine
Market shall only be opened by the licensee or an employee of the Craft Beer
and/or Wine Market. Craft beers and wine to be consumed on-premise shall
not include Growlers or Crawlers or packaged beer.
(g) No open containers of beer or wine shall be removed from the licensed
premises unless otherwise specifically permitted by this Chapter.
(h) The sale of food is expressly permitted in a Craft Beer and/or Wine Market
provided all applicable laws and regulations are complied with.
(i) The hours during which beer and wine may be sold or consumed on the
premises are limited to Monday through Saturday , from 9:00 a.m . until 10 :00
p .m .
U) The Craft Beer and/or Wine Market License is a supplement to , and not a
substitute for , the off-premises sales license and on -premises sales license
that would be required for such establishment. An ancillary tasting license will
also be required if tasting events will be held.
Sec. 4-92. -Growlers or Crowlers.
(a) The sale of Growlers or Crawlers requires a separate Growler/Crawler License .
Brewpubs , Craft Beer and/or Wine Markets, Eating Establishments and
Restaurants may be licensed to sell Growlers or Crawlers 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 Crawlers.
(b) The filling of Growlers or Crawlers 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 Crawlers may only be filled from kegs procured by the licensee
from a duly licensed wholesaler .
(d) Only professionally sanitized and sealed Growlers or Crawlers may be filled
and made available for retail sale .
(e) Each Growler or Crawler must be securely sealed and removed from the
premises in its original sealed condition .
(f) As with any other off-premise package license , unless the licensee holds a
separate on-premise consumption license , consumption on-premises is strictly
prohibited.
Sec. 4-93. -Ancillary Tasting.
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(a) Ancillary Tasting License . The holder of a hybrid license will receive an
ancillary tasting license as part of its hybrid license. The holder of an off-
premise retail license , manufacturing license or hybrid license may be eligible
for a separate ancillary tasting license to provide samples it offers for sale by
the package to patrons upon meeting all of the requirements specified in this
Chapter and paying the required fees . An Ancillary Tasting License may be
utilized at an approved establishment only under the following conditions :
1) Sampling shall be on limited occasions when a patron requests a sample
offered for sale within the premises or in conjunction with education
classes and sampling designed to promote beer and/or appreciation and
education .
2) Beer and/or wine tasting for patrons shall only be conducted at a counter
area constituting no more than ten percent (10%) of the entire floor area
of the premises.
3) Sampling for patrons shall not exceed two (2) ounces per sample of
beer/wine or½ ounce of liquor , and no patron shall consume more than
eight (8) ounces of beer/wine or 2 ounces of liquor (or any proportional
combination of the two) in any two-hour (2) period .
4) Bottles shall be opened only by the licensee or an employee , and
samples shall only be poured by the licensee and/or an employee .
5) No open containers of beer and/or wine shall be removed from the
licensed premises.
6) The holder of an Ancillary Tasting License may conduct educational
classes and sampling for classes . All conditions of sampling set forth in
this Section shall apply to such classes , except for the limitation on floor
areas where the classes can be conducted.
7) Sampling and tasting is permitted within the enclosed portion of the
premises . Sampling and tasting may be allowed in open areas ,
sidewalks , decks , patios , or similar unenclosed spaces on or about the
premises of an establishment if written application is made to and
approved by the City Manager, or his or her designee , under such
conditions as the City Manager, or his or her designee , may deem
appropriate for the protection of public health, safety and welfare
including , but not limited to , maximum capacity , ingress and egress . The
provisions of this Article shall not be deemed to abrogate or otherwise
impact any state law or local ordinance pertaining to public drunkenness ,
disorderly conduct , or similar laws.
8) The hours during which tastings may be conducted are limited to :
Monday through Saturday , from 9 :00 a .m . until 10 :00 p .m .
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9) This section is intended to be interpreted as a supplement to , and not to
interfere with the requirements of, O.C .G .A. § 3-15-2 .
Sec. 4-94 . -Temporary Alcoholic Beverage Licenses .
(a) Authority. The City Manager is authorized to issue temporary licenses for the
sale of alcoholic beverages , either beer , wine and/or liquor, subject to the
conditions set forth in this Section .
(b) Not to exceed 90 days; requirements . Temporary licenses may be issued for
such period as may be determined by the City Manager, not to exceed 90 days .
No such license shall be issued unless :
1) An application for a license is filed with the City Manager and payment
in full of the fee thereof has been deposited with , and cleared , the City 's
financial institution .
2) The City Manager is satisfied that the location for the proposed license
substantially complies with the provisions of this Chapter authorizing
such license in the City .
3) The denial of a temporary license would create undue hardship upon the
applicant , such as the closing of an existing business or delaying of the
opening of a new business .
4) There is an agreement by the applicant that the temporary license may
be revoked , with or without cause , by the City Manager at any time .
(c) Fee . The fee for issuance of a temporary license under this Section shall be
established from time to time by the City Council.
(d) 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
g ranting , then the City Manager shall present the request to C ity 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,
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for any reason , a license is not issued either prior to the expiration of the
temporary license or not issued at all.
DIVISION 3. -SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES
Sec. 4-95. -Special Event Alcohol Permits
(a) For existing Consumption Off-Premise and/or On-Premise Licensed
Establishments : A Special Event Alcohol Permit may be issued to any
establishment licensed to sell alcoholic beverages for consumption on-
premises to allow such establishment to sell alcoholic beverages for
consumption within the fixed boundaries of the physical area where a special
event is held ; provided the term of such permit shall not exceed the time
permitted by the approved Special Event Permit issued under Chapter 64 . The
Licensee must submit an application and pay the required non-refundable fee ,
and , in relation to the Special Event Alcohol Permit, shall be required to comply
with all licensing requirements associated with its Consumption On-Premises
License with the exception of the full-service kitchen requirement.
Notwithstanding any other term or prohibition in this Chapter, the holder of the
Special Event Alcohol Permit may be authorized , upon terms and conditions
identified by the City Manager, to pour alcohol at the special event and allow
open container consumption within the fixed boundaries of the physical area
where the special event is to be held . An establishment that holds a current
on-premise consumption license may not receive a Special Event Alcohol
Permit for package sales for off-premises consumption ..
(b) For non-profit civic organizations: A Special Event Alcohol Permit may be
issued to any non-profit organization for a period not to exceed the time
permitted by the approved Special Event Permit issued under Chapter 64 . The
\l\pplicant must submit an application and pay the required non-refundable
processing fee and shall be required to comply with all licensing requirements
for a consumption on-premises establishment with the exception of the full-
service kitchen requirement. Notwithstanding any other term or prohibition in
this Chapter, the holder of a Special Event Alcohol Permit may be authorized,
upon terms and conditions identified by the City Manager, to pour alcohol at
the special event, sell sealed packaged beer and/or wine for off-premise
consumption , and allow open container consumption within the fixed
boundaries of the physical area where the special event is to be held. In the
event that open container consumption is so authorized within the fixed
boundaries of the physical area where the special event is to be held, any other
holder of a Consumption On-Premises License whose licensed premises is
located entirely within the fixed boundary of the special event site shall likewise
be authorized to allow open container alcohol consumption within the special
event boundary . This open container consumption accommodation shall only
be authorized , if at all , during the term of the special event.
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(c) Any employee or volunteer of a non-profit Special Event Alcohol Permit ,
working the special event in any position dispensing , selling , serving , taking
orders or mixing alcoholic beverages shall not be required to obtain an alcohol
seller/server permit for the special event , provided that no person under 18
years of age may dispense , serve, or take orders for alcoholic beverages.
(d) The special event must meet the following criteria prior to the issuance of a
Special Event Alcohol Permit:
1) The event must have been permitted as an approved special event , as
described in Chapter 64 , prior to the issuance of a Special Event Alcohol
Permit.
2) The special event must be associated with and benefit the cause of a
non-profit charitable or civic organization .
c) Not to be issued for BYOB . BYOB is not allowed at any special event as defined
in this Chapter.
d) Chief of Police 's authority to revoke. The Chief of Police or his or her designee
may immediately revoke any Special Event Alcohol Permit if it is determined
continued alcohol sales may endanger the health, welfare , or safety of the
public .
e) Indemnification required. As a condition on the issuance of a Special Event
Alcohol Permit , the licensee shall indemnify and hold the City harmless from
any and all claims , demands , or causes of action that may arise from activities
associated with the special event.
Sec. 4-96. -Grand Opening/Annual Promotion Permit
(a) Any establishment licensed to do business in the City and meeting all other
location requirements to be open to the public may apply for a Grand
Opening/Annual Promotion Permit. Such permit allows the holder to provide
beer and wine for consumption on-premises of its business establishment for a
single four (4) hour period in any given year for the purpose of celebrating the
business whether for a grand opening , anniversary , or other event. The
establishment must abide by all other provisions of this Chapter , including
prohibitions against providing alcohol to minors and intoxicated patrons . The
establishment may not receive money or donations for the alcohol served in
accordance with such a permit.
(b) Employees or volunteers of the Grand Opening/Annual Promotion Permit ,
working the event in any position in any position dispensing , serving , taking
orders , or mixing alcoholic beverages shall not be required to obtain an alcohol
seller/server permit for the special event , provided that no person under 18
years of age may dispense , serve , or take orders for alcoholic beverages.
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Sec. 4-97. -Public facilities event alcohol permit.
(a) Notwithstanding any other provision of this Chapter to the contrary , a limited
exception to allow the consumption of alcoholic beverages on public property
shall exist for that person or entity possessing a Public Facilities Event Alcohol
Permit , as hereinafter defined .
(b) For all purposes of this Section , "public facilities" shall mean all facilities owned
or leased by the City , except:
1) Any fire station ; and
2) Any public safety facility .
(c) Any person or entity desiring to engage in activities licensed by this Section ,
shall make written application to the City Manager or his or her designee for
the appropriate Public Facilities Event Alcohol Permit on forms prescribed by
the City . All applications shall be accompanied by a Public Facilities Event
Alcohol Permit fee as established by the City Council. Further, all applicants
shall be required to provide a release and meet any other requirements
established by the City Manager as conditions of obtaining the Public
Facilities Event Alcohol Permit.
(d) The City Manager or his or her designee shall consider the following factors
in determining whether to approve or deny an application for a Public Facilities
Event Alcohol Permit:
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 .
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(f) If such Public Facilities Event Alcohol Permit is granted by the City Manager or
his or her designee , it shall be good only for the specified event at the specified
address and times set forth in the application, not to exceed two (2) days for a
public park and one (1) day for any other public facility .
(g) A Public Facilities Event Alcohol Permit for a public park shall permit the permit
holder to serve and sell alcoholic beverages in a hospitality tent or similar
structure previously approved by the Fire Marshall , and the alcoholic beverages
may only be consumed on-premises of such hospitality tent or similar structure.
(h) A Public Facilities Event Alcohol Permit shall license the holder to serve and
sell alcoholic beverages within the premises of the public facility .
(i) A Public Facilities Event Alcohol Permit shall only be issued to a caterer
licensed under the provisions of this Chapter, or to an individual who meets the
character requirements of this Chapter ; provided, however , that no more than
two (2) permits per calendar year shall be issued to an individual who is not a
licensed caterer.
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 misleading information contained in , or material statement
omitted from , an original or renewal application for a Public Facilities Event
Alcohol Permit shall be cause for the denial or revocation thereof.
(I) Except as set forth above in this Section , a Public Facilities Event Alcohol
Permit holder must comply with all of the provisions set forth in this Chapter.
Sec. 4-98. -Catered event permit. See Section 4-87 .
DIVISION 4. -ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF
ALCOHOL SALES
Sec. 4-99. -Package sales of distilled spirits.
(a) No liquor by the package shall be sold at retail except in :
1) Retail establishments devoted exclusively to the retail sale of alcoholic
beverages by the package ; or
2) Retail establishments in which space has been set aside devoted
exclusively to the retail sale of liquor by the package , with ingress and
egress provided directly to and only to the exterior of the building in which
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the facility is located and not to any other enclosed part of the building in
which the facility is located .
(b) Nothing in this Section shall prohibit the retail sale within these establishments
of beer , wine , alcohol consumables , liquid commodities and/or mixes normally
used in the preparation and serving of liquor.
(c) Off-premise distilled spirits retailers shall indicate plainly, by tag or labels on
the bottles or containers or on the shelf immediately below where the bottles or
containers are placed, the prices of all liquor exposed or offered for sale . The
retailer shall not display prices or brand names in such a way as to be visible
from the outside of the establishment.
Sec. 4-100. -Private clubs .
(a) Private clubs may sell and dispense alcoholic beverages upon compliance with
all applicable City ordinances and regulations governing the sale of such
beverages and upon payment of such license fees and taxes as may be
required by the existing ordinances , rules and regulations of the City .
(b) No alcoholic beverage license shall be granted to a Private Club organized or
operated primarily for the selling or serving of alcoholic beverages.
(c) Veterans' organizations , fraternal organizations , and other nonprofit
organizations currently having tax exempt status under either the United States
Internal Revenue Code or the state income tax law shall not be required to
operate a food establishment serving prepared food. However , any such
organization selling or dispensing alcoholic beverages , or allowing BYOB , shall
be subject to all ordinance regulations dealing with general licensing and
consumption on-premises establishments .
Unless specifically excepted, private clubs shall be governed by the same rules set
forth in this Chapter as other on-premise licensees .
Sec. 4-101. -Hotels and In-Room Service.
(a) A hotel is eligible to obtain a consumption on-premises license only if the
following requirements are met. The hotel must:
1) Be used and held out to the public as a place where food is served and
consumed and sleeping accommodations are offered to guests or
patrons for adequate pay ;
2) Contain 50 or more rooms used for the sleeping accommodations of
guests or patrons ; and
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3) Contain one (1) or more public dining rooms , with adequate and sanitary
full-service kitchen facilities.
4) A hotel may consist of a single building or may consist of two (2) or more
buildings located on the same premises and used in connection with the
hotel operation .
5) A facility which is styled as a motel , motor lodge , inn , or other similar
appellation may be licensed as a hotel if it meets the requirements of
this Chapter.
(b) Notwithstanding any other provisions of this Chapter to the contrary , any hotel
(as the term "hotel" is commonly used and without regard to the requirements
of this Section), inn , or other establishment which offers overnight
accommodations to the public for hire , may provide "in -room service" of
alcoholic beverages if such establishment:
1) Holds a valid City consumption on -premises license ; and
2) Has been authorized to provide in -room service by the state .
(c) For the purposes of this Section , the term "in -room service" consists of:
1) The delivery of alcoholic beverages in unbroken packages by an
employee of the hotel to a registered guest's room or to a registered
guest at any other location in the same building as the hotel when such
alcoholic beverages have been ordered by the guest and when the guest
shall be billed for the cost of such alcoholic beverages at the time of
delivery and when the sale of such alcoholic beverages is completed at
the time of delivery; and
2) The provision of a cabinet or other facility located in a hotel 's guest room
which contains alcoholic beverages and which is provided upon request
of the guest and which is accessible by lock and key only to the guest
and for which the sale of alcoholic beverages contained therein is final
at the time requested except for a credit which may be given to the guest
for any unused portion .
(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 .
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(e) Liquor sold pursuant to this Section shall not be sold in packages containing
less than 50 milliliters each .
(f) All alcoholic beverages sold pursuant to this Section shall be purchased from
a licensed wholesale dealer and shall be subject to all taxes imposed under
this Chapter, including the excise tax on the retail sale of by the drink of
alcoholic beverages containing liquor .
Secs . 4-102 -4-105 Reserved.
ARTICLE IV -OPEN CONTAINER AREAS IN SPECIAL DISTRICTS
Sec. 4-106. -General provisions .
The provisions of this Article are intended to set forth exceptions and provisions
applicable only to licensees whose establishments are located within the areas
identified in the Crabapple District , Deerfield District , and Birmingham Crossroads
District (as hereinafter defined) holding licenses to sell alcoholic beverages for
consumption on-premises . Except as specifically set forth in this Article , all such
licenses remain subject to all other provisions of this Chapter.
Sec. 4-107. -Definition of special districts.
For the purposes of this Article only , the City 's Special Districts are designated as
follows : the Crabapple District , Deerfield District , and Birmingham Crossroads
Districts (as shown in the attached maps) and are defined as follows : The area of the
City identified as C1 , MIX , T4 , T4 Open , T4 Restricted , T5 , T6 , and adjacent CS
transect zones in the applicable Form Based Code , excluding , in t he Crabapple
District , those parcels fronting Green Road and Arnold Mill Road .
In the case of a licensed establishment whose main entrance is inside a Special
District , the entire licensed establishment shall be considered part of the Special
District , regardless of whether any portion of the licensed establishment is in a zoning
district not included in the Special District.
Sec. 4-108. -Open Container Areas allowing outside consumption of alcoholic
beverages .
Notwithstanding any other provisions in this Chapter , the following activities are
specifically allowed within Open Container Areas in the City 's "Special D istricts."
(a) One (1) drink on -street limit. Any establishment licensed to sell alcoholic
beverages by the drink for consumpt ion 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
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from the premises , and no person shall remove at one (1) time more than one
(1) such alcoholic beverage from the licensed premises.
(b) Size limited to a maximum of 16 ounces. No container in which an alcoholic
beverage is dispensed and removed from the licensed premises shall exceed
16 fluid ounces in size. No person shall hold in possession on the streets and
sidewalks , in parks and squares , or in other public places within the defined
area any open alcoholic beverage container which exceeds 16 fluid ounces in
size.
(c) Drinking from can , bottle, or glass prohibited. It shall be prohibited for any
person to drink or attempt to drink any alcoholic beverage from a can , bottle , or
glass , or to possess in an open can , bottle , or glass any alcoholic beverage on
the streets , sidewalks , rights-of-way , and parking lots , whether public or private.
(d) Purchase from licensed premises within defined districts. Alcoholic beverages
consumed pursuant to this provision must be purchased from a licensed
premise within the defined districts . A licensed premise will be deemed to be
within the defined district if the entrance to the licensed premises is located
within the district.
Sec. 4-109. -No abrogation of other laws .
The provisions of this Article shall not be deemed to abrogate or otherwise impact
any state law or local ordinance pertaining to public drunkenness , disorderly conduct,
driving with an open container or under the influence of alcohol , or similar laws .
Secs. 4-110 -4-115 Reserved.
ARTICLE V. ENFORCEMENT, REGULATIONS AND PROHIBITIONS,
SELLER/SERVER PERMITS
DIVISION 1. ENFORCEMENT.
Sec. 4-116. -Enforcement by Police Department.
Except as otherwise provided , the Police Department shall be responsible for the
enforcement of the provisions of this Chapter and applicable state law .
Sec. 4-117. -Emergency suspension of sale and/or provision of alcoholic
beverages.
The City Manager and Chief of Police are each authorized to suspend the sale
and/or provision of alcoholic beverages under any license for any emergency situation
when the official deems such suspension necessary for the protection of the public
health , safety , or welfare . Such suspension may be made effective immediately and
shall remain in force until the City Manager or Chief of Police determines the
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emergency no longer exists or until the next meeting of the City Council , at which time
the city council shall decide whether the suspension shall cease or be extended .
Sec. 4-1118. -Inspection of licensed establishments .
(a) Sworn officers of the Police Department shall have the authority to inspect
establishments licensed under the City's alcoholic beverages ordinance during
the hours in which the premises are open for business . These inspections shall
be made for the purpose of verifying compliance with the requirements of this
Chapter and state law .
(b) This Section is not intended to limit the authority of any other City officer to
conduct inspections authorized by other provisions of this Chapter .
Secs. 4-119-4-124 Reserved.
DIVISION 2. OPERA TING REGULATIONS
Sec. 4-125 -Hours and Days of Sale
Alcoholic beverages shall only be permitted during the following hours and days of
the week , as indicated for each respective license type :
(a) Retail package beer and/or w ine (off-premise consumption): Monday
through Saturday 7:00 a .m. to 12 :00 midnight. Sundays between the hours
of 11 :00 a .m . and 12 :00 midnight with a valid Sunday Sales License.
(b) Retail package liquor or distilled spirits (off-premise consumption):
Monday through Saturday 8 :00 a .m . to 11 :45 pm . Sundays between the
hours of 11 :00 a .m . and 12 :00 midnight with a valid Sunday Sales License .
(c) Eating establishments , restaurants and other on -premise licenses not
specifically designated in this section : Monday through Saturday , from
9 :00 a .m . until 2 :00 a.m . of the following day . Sunday from 11 :00 a.m . until
2 :00 a.m . of the following day ; provided , however , any licensed
establishment which serves alcohol on Sunday shall meet the minimum
food sales requirements set forth under state law and possess a valid
Sunday Sales License .
(d) Ancillary tasting license and/or BYOB license . Monday through Saturday ,
from 9 :00 a .m . until 1 hour before closing but no later than 1 a .m . Sundays
between the hours of 11 :00 a.m . and 10 :00 p.m .
(e) Incidental Service License , Limited Tap License , Craft Beer and/or Wine
Market , Growler/Crow ler Shops. Monday through Saturday from 9 :00 a .m .
until 10 :00 p.m . Crowler/Growler Licensee and Craft Beer and/or Wine
Market may also serve on Sundays between the hours of 11 :00 a .m . and
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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 applicat ion 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 Manage r 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 prem ises unless the employee or manager
has in his or her possession a current valid City alcohol seller/server permit.
For new employees , an application for a permit must be made within five
calendar days of date of initial employment. Licensees are required by this
Chapter to inspect and verify that each employee has in his or her possession
a valid City alcohol seller/server permit.
Training of permit holders.
1) Licensees shall provide regular information , the establishment 's alcohol
sale/service policies , and training to all permit holders on the methods ,
procedures and measures to be taken in order to request , obtain and
examine proper identification of patrons to be certain that such patrons
are of legal age to purchase alcoholic beverages and do not appear to
be legally intoxicated . Training shall also include the methods ,
procedures and measures to be taken in order to refuse sale/service to
underage or intoxicated patrons . Training shall provide information to all
permit holders on provisions of the law of this state and the City 's
ordinances regarding the prohibitions against providing alcoholic
beverages to intoxicated and underage persons and the penalties for
violating such laws and ordinances .
2) Detailed records of such training , including the content , date , time ,
persons attending and copy of any pre/post-test, shall be maintained for
a minimum of 36 months after the training . Evidence of such training
records shall be made available upon request for inspection by the City.
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(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. 4-143 -4-149 Reserved.
DIVISION 4. SALES AND CONSUMPTION REGULATIONS AND PROHIBITIONS
Sec. 4-150 -Sales and consumption on public property.
(a) Except as provided in this Chapter , it shall be prohibited for any person to sell ,
serve , or otherwise dispense any alcoholic beverage in a street , sidewalk ,
alleyway , parking area , mall or other place commonly used by the public or in
any other public place or on public property .
(b) Private parties and organizations may secure a permit from the City Manager
as set forth in this Chapter to serve , sell , or otherwise dispense alcoholic
beverages on property owned or leased by the City to the extent authorized.
Sec. 4-151. -Drinking in public places.
(a) It shall be prohibited for any individual to drink or consume all or any part of an
alcoholic beverage in or on any street, sidewalk , alleyway , parking area , mall ,
or other place commonly used by the public unless the place has been licensed
or permitted for consumption or is located in a Special District , subject to the
limitations of the license , permit , or provisions of this Chapter .
(b) It shall be prohibited for any individual to drink or consume all or part of any
alcoholic beverage while in any City park except during licensed special events
or at licensed locations within such parks .
(c) Nothing in this section shall be construed to (i) prohibit the sale and
consumption of any alcoholic beverage at any duly licensed sports club ,
assembly hall , special event facility , or golf course owned or operated by the
City , or (ii) prevent a licensee from preparing and serving alcoholic beverages
to be consumed within an approved Outdoor Dining Area as part of the
operation of its business. To the extent that an approved Outdoor Dining Area
is located on a portion of a City sidewalk or is separated from the interior dining
portion of the licensed premises by a City sidewalk , open containers of
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alcoholic beverages shall only be transported into or out of such outdoor dining
area by the licensees' working employees as part of their work duties .
Sec. 4-152. -Alcohol consumption near retail package stores .
It shall be prohibited for any person to open or to consume all or any part of any
type of alcoholic beverage within 100 feet of any retail store where alcoholic
beverages are sold in package form or within the boundary lines of the property on
which such retail store is located , whichever constitutes the greater distance .
Sec. 4-153. -Open areas and patio sales regulations.
The consumption and/or sale of alcoholic beverages may be allowed in a licensed
establishment's open areas , sidewalks , decks , patios or similar unenclosed spaces
on , about or adjacent to the premises of an establishment licensed to sell alcohol for
consumption on-premises if written application is made to and approved by the City
Manager , or his or her designee , under such conditions as the City Manager , or his or
her designee , may deem appropriate for the protection of public health , safety and
welfare including , but not limited to , maximum capacity , ingress and egress . The
provisions of this Article shall not be deemed to abrogate or otherwise impact any
state law or local ordinance pertaining to public drunkenness , disorderly conduct , or
similar laws .
Sec. 4-154 . -Carry-out of partially consumed bottles of wine permitted ("Merlot
to Go" provision).
(a) An eating establishment licensed to sell wine for consumption on -premises may
permit guests , patrons or members to purchase the establishment's wine on
the premises and leave with no more than one (1) bottle of unfinished wine per
legally aged patron as long as such bottle has been re-sealed and packaged in
accordance with the provisions set forth in O .C.G.A. §3-6-4 .
(b) Such partially consumed bottle of wine must be transported in accordance with
O .C.G .A. § 40-6-253 , "Consumption of alcoholic beverage or possession of
open container of alcoholic beverage in passenger area." However, nothing in
this Section shall be construed to prohibit the carrying out of beer or wine for
consumption at a publicly owned or privately-owned golf course .
(c) No licensee may allow patrons to remove partially consumed wine from their
premises pursuant to this Section without first providing written notice to and
obtaining written approval from the City Manager or his/her designee . This
approval will only be provided to establishments that meet the requirements of
an "eating establishment" under this Chapter and state law. While an approved
establishment may charge a "corkage fee " to patrons for the re-sealing and
packaging of the wine , there will be no additional license fees assessed by the
City for an establishment to be approved as a "Merlot to Go " establishment.
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Sec. 4-155. -Carry-out of alcoholic beverages prohibitions.
(a) Except as otherwise provided in this Chapter, all alcoholic beverages sold or
otherwise dispensed for consumption on the licensed premises shall be
consumed only on the licensed premises .
(b) Except as otherwise provided in this Chapter, it shall be prohibited for any
person to remove from the licensed premises any alcoholic beverages sold for
consumption on-premises , and it shall be prohibited for the licensee to permit
any person to remove from the licensed premises any alcoholic beverages sold
for consumption on-premises except as otherwise permitted under this
Chapter . When prohibited , the licensee shall be responsible for ensuring that
no person removes any alcoholic beverages from the premises in 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 gather outside the establishment and consume alcoholic
beverages .
Sec. 4-156. -BYOB prohibited except in licensed establishments.
(a) It is prohibited for any person to bring an alcoholic beverage into any business
establishment (regardless of whether the establishment holds a license to sell
or serve alcoholic beverages), unless such establishment holds a valid BYOB
License .
(b) Where an establishment holds a BYOB License , in addition to all requirements
in place for holding such license, the following requirements/prohibitions apply :
1) The establishment may not sell liquor by the package.
2) The licensee must have an established policy pertaining to BYOB practices .
3) BYOB beverages are limited to beer and wine , unless a patron has rented
an entire section of the premises for a private function .
4) No alcohol may be brought onto the premises or consumed by a patron
under 21 years of age .
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5) No alcohol may be brought onto the premises by a patron less than one (1)
hour prior to c losing .
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.
Sec. 4-157 . -Prohibited sales to persons under 21 or intoxicated persons;
Sunday and election day provisions.
(a) No licensee shall permit on the licensed premises , the sale , barter, exchange ,
giving , providing or furnishing of alcoholic beverages to any person under 21
years of age .
(b) No licensee shall permit on the licensed premises the sale , barter , exchange ,
giving , providing or furnishing of alcoholic beverages to any person who is in a
state of noticeable intoxication.
(c) No licensee shall permit the sale of alcoholic beverages on Sunday , except as
otherwise provided by law or in this Chapter .
(d) No licensee shall permit the sale of alcoholic beverages on election days within
250 feet of any polling place or of the outer edge of any building within which
such polling place is established on primary or election days . The sale of
alcoholic beverages on election days is permitted to the extent authorized by
state law , pursuant to O.C .G.A. § 3-3-20 .
Sec. 4-158. -Promotions and sales.
(a) No licensee or employee or agent of a licensee , in connection with the sale or
other disposition of alcoholic beverages for consumption on-premises , shall :
1) Offer or deliver any free alcoholic beverage to any person or group of
persons. For the purpose of this Section , "free " means free to the patron
on beha lf of the establishment.
2) Deliver more than two (2) alcoholic beverages to one (1 ) person at a
time . For the purposes of this Section , one (1) alcoholic beverage shall
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be the equivalent of one (1) 16 ounce beer, or one (1) 6 ounce glass of
wine or one (1) ounce of 100 proof spirits .
i. Nothing herein shall prohibit a licensed establishment from
offering a sampler of beer in containers not exceeding eight (8)
ounces. Each sampler shall not exceed four (4) different types of
beer.
ii. Nothing herein shall prohibit a licensed establishment from
offering a sampler of wine in containers not exceeding three (3)
ounces. Each sampler shall not exceed four (4) different types of
wine.
iii. Nothing herein shall prohibit a licensed establishment from
offering a sampler of liquor in containers not exceeding one half
(1/2) ounce . Each sampler shall not exceed four (4) different
types of liquor.
3) Sell, offer to sell , or delive r to any person or group of persons any
alcoholic beverage at a price less than 50 percent (50%) of the price
regularly charged for such alcoholic beverage during the same calendar
week , except at private functions not open to the public.
4) Sell , offer to sell , or deliver to any person or group of persons an
unlimited number of alcoholic beverages during any set period of time
for a fixed price , except at private functions not open to the public .
5) Sell , offer to sell , or deliver to any person or group of persons any
alcoholic beverages on any one (1) day at prices less than those
charged the general public on that same calendar day , except at private
functions not open to the public .
6) Sell , offer to sell , or deliver alcoholic beverages , including beer, in any
container which holds more than 32 fluid ounces (0 .947 liters), except to
two (2) or more legally aged persons at any one (1) time .
7) Increase the volume of alcohol contained in a drink without increasing
proportionately the price regularly charged for such alcoholic beverage
during the same calendar week .
8) Encourage or permit on the licensed premises any game or contest
which involves the drinking of alcoholic beverages or the awarding of
alcoholic beverages as a prize .
This subsection shall not apply to Incidental Service Licenses .
(b) Each licensee shall maintain a schedule of the price charged for all alcoholic
beverages to be served and consumed on the licensed premises or in any room
or part thereof. The schedule of prices shall be posted in a conspicuous manner
81
so as to be in view of the paying public , and the schedule shall be effective for
not less than one ( 1) calendar week .
(c) No licensee shall advertise or promote in any way , whether within or without
the licensed premises, any of the practices prohibited under this Section .
(d) No provision of this Section shall be construed to prohibit:
1) Offering free food or entertainment at any time ;
2) Including an alcoholic beverage as part of a meal package ; or
3) Selling or providing wine by the bottle or carafe when sold with meals or
to more than one (1) person.
(e) The Police Department shall have the responsibility for the enforcement of this
Section .
(f) No licensee may require the purchase of any alcoholic beverage as a part of
or prerequisite to the purchase of any other product or service. If alcoholic
beverages are included as part of a package of other goods and services , the
alcoholic beverages must be priced separately and all patrons must be allowed
to purchase the remaining goods and services without the alcoholic beverages
at a price from which the full price of the alcoholic beverages has been
deducted, provided , however, that this Section shall not apply to Incidental
Service Licenses .
(g) It shall be prohibited for any sales to be made outside of the area on or about
the premises licensed for such sale except as permitted herein . For the purpose
of this Section , the term "sale" shall refer to the point at which there is an
exchange of money for alcoholic beverages or when alcoholic beverages are
left in the sole possession or control of a patron. Nothing in this Section will be
deemed to prohibit alcoholic beverages from being sold through a window of
the premises when any such practice is otherwise permitted by state law.
(h) It shall be prohibited for any person except a licensee , his or her manager, or
agent in charge of the licensed premises , to carry into or have in his or her
possession on any licensed premises , any alcoholic beverages provided that
this Section shall not apply to beverages sealed in their original container being
brought onto the premises of private clubs or establishments with a BYOB
License by a patron.
Sec. 4-159 -Reserved.
DIVISION 5. 'UNDER 21' PROHIBITIONS
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Sec. 4-160. -Furnishing to, purchasing of alcoholic beverages by persons under
21 years of age prohibited; maintaining place where persons under 21 may
purchase, drink, or possess alcoholic beverages prohibited .
Refer to Chapter 32 Section 13 5 of the C ity of Mi lton Code of Ord inances -Prohibited
acts by person s unde r 21 years of age .
Sec. 4-161. -Purchase, consumption, possession by or for underage persons.
(a) It shall be prohibited for any person under 21 years of age to purchase , drink ,
consume or possess any alcoholic beverages except as provided under state
law .
(b) It shall be prohibited for any person to keep or maintain a place where persons
under 21 years of age are knowingly allowed to come and pu rchase , drink ,
consume or possess any alcoholic beverage .
(c) It shall be prohibited for any parent or other person to buy beer or other
alcoholic beverages and furnish such beverage for consumption by any person
under 21 years of age except as permitted under state law .
(d) It shall be the responsibility of the alcoholic beverage licensee and his or her
agents and employees to examine proper identification of patrons to be certain
that such patrons are of legal age .
Sec. 4 -162. -Under-age persons on licensed premises, employment of minors.
No licensee who holds a license to sell or serve alcoholic beverages by the drink
or who holds a BYOB license shall permit any person under 21 years of age to be in ,
frequent or loiter about the licensed premises unless such person is accompanied by
a parent , legal guardian or spouse who is 21 years of age or older ; provided , however,
that such person shall be permitted in eating establishments or private clubs as
defined herein without being accompanied by a parent , legal guardian or custodian ,
and provided further , that this section shall not apply to persons who a re employees
under this Chapter.
Sec. 4-163. -Misrepresentation of age by underage persons.
It shall be prohibited for any person under the age of 21 years , to misrepresent his
or her age in any manner whatsoever .
Secs . 4-164 -4-169 Reserved.
DIVISION 6 -ACTIVITIES PROHIBITED ON PREMISES
Sec. 4-170. -Contents of bottles .
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It shall be prohibited for a licensee to add to the contents of liquor bottles or to refill
empty alcoholic beverage bottles or in any other manner to misrepresent the quantity ,
quality or brand name of any alcoholic beverage .
Sec. 4-171. -Solicitation prohibited.
No establishment licensed under this Chapter shall require , permit , suffer ,
encourage , or induce any employee or person to solicit in the licensed premises for
himself or herself, or for any person other than the patron and guest of the patron , the
purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic
beverage or money with which to purchase the beverage ; nor shall any licensee pay
a commission or any other compensation to any person frequenting his or her
establishment or to his or her agent or manager to solicit for himself or herself or for
the others , the purchase by the patron of any drink , whether an alcoholic beverage or
nonalcoholic beverage or money with which to purchase the beverage .
Sec. 4-172. -Employees prohibited from mingling with patrons.
(a) It shall be prohibited for any employees of a licensee under this Chapter to
dance or sit with patrons in the premises or for any patron to be permitted to
purchase food or drink for such employees during such employees' working
hours.
(b) Alcoholic beverages shall only be served by the licensee or the licensee's
employees or agents.
(c) It shall be prohibited for any employee or agent of any licensee to consume
alcoholic beverages on the premises of the licensee during such employee's or
agent 's working hours.
Sec. 4-173. -Types of entertainment -attire and conduct prohibited .
(a) No person shall perform on a premise licensed hereunder acts of or acts which
constitute or simulate :
1) Sexual intercourse , masturbation , sodomy , bestiality , oral copulation ,
flagellation , or any sexual acts which are prohibited by law ;
2) The touching , caressing , or fondling of the breast , buttocks , anus , or genitals;
or
3) The displaying of any portion of the female breast below the top of the areola
or the displaying of any portion of any person's pubic hair , anus , cleft of the
buttocks, vulva , or genitals.
84
(c) No person shall use on licensed premises artificial devices or inanimate objects
to perform , simulate , or depict any of the prohibited conduct or activities
described in this Section.
(d) It shall be prohibited for any person to show , display , or exhibit , on licensed
premises , any film , still picture , electronic reproduction , or any other visual
reproduction or image of any act or conduct described in subsections (1) and
(2) of this Section .
(e) Failure to comply with this Section shall be considered as due cause to
suspend , revoke or refuse to renew any license issued by the City pursuant to
this Chapter.
Secs . 4-174-4-179 Reserved.
ARTICLE VI. -REPORTING, AUDITS, AND EXCISE TAXES
DIVISION 1. -GENERALLY
Sec. 4-180. -Administration and enforcement of article.
(a) The Finance Director or his or her designee shall administer and enforce the
provisions of this Article .
(b) The City Manager may promulgate rules and regulations for the enforcement
of this Article .
(c) Every licensee engaging in the sale of mixed drinks shall keep such records ,
receipts , invoices , and other pertinent papers in such form as may be required
by the City.
(d) The City Manager or his or her designee may examine the books , papers ,
records , financial reports , equipment , and facilities of any licensee engaging in
the sale of any alcoholic beverage , retail or wholesale , in order to verify the
accuracy of any return , or if no return is made to ascertain the amount of tax
due .
(e) In the administration of the provisions of this Chapter , the City Manager or his
or her designee may require the filing of reports by any person or class of
persons having in their possession or custody any information relating to
purchases subject to taxation under this Article .
Sec. 4-181. -Audits.
(a) If the City Manager deems it necessary to conduct an audit of the records and
books of a licensee , he or she shall notify the licensee of the date , time and
85
place of the audit. The City Manager may designate the City's Finance Director
or other designee to perform any audit authorized in this Code . The licensee
shall cooperate with the audit or forfeit any license issued under this Chapter.
(b) All establishments licensed under this Chapter must maintain the following
records for five (5) years and make them available for audit at the licensed
premises :
1) Monthly income or operating statements.
2) Daily sales receipts showing beer , wine , liquor and food sales separately
(this requirement does not apply to package beer and wine licensees).
3) Daily cash register receipts such as Z Tapes or guest tickets .
4) Monthly state sales and use tax reports .
5) Federal income tax return with all Form 1099s.
6) Any and all records utilized in calculating excise taxes as set forth in this
Chapter .
(c) The City Manager can waive all or some of the requirements of subsection (b)
of this section if the City Manager finds reasonable evidence to support the
waiver.
Sec. 4-182. -Reporting of food sales required .
(a) Each holder of any alcoholic beverage license for which minimum food sales
requirements apply , shall maintain on the premises and available for inspection
at any time during business hours , records that document the establishment's
sales in even dollars and as a percent of total revenue. These numbers shall
include gross food sales in even dollars and as a percent of the total sales ,
gross alcoholic beverage sales in even dollars and as a percent of the total
sales , the amount of tax at the percent 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. 4-183. -Tax levied; reporting requirements; duties of dealers and
wholesalers; prohibited sales and deliveries; bonds; penalties.
86
(a) Scope of Section . In addition to all other taxes or license fees imposed upon
retail dealers engaged in the City in the business of selling beer , wine and
liquor , as defined under the laws of the state , there is imposed and levied upon
all dealers described in this Section within the City limits an excise tax, to be
computed and collected as set forth in this Article .
(b) Amount of tax . The excise taxes on beer, wine , and liquor are set forth below
and may be modified by the City Council with such modifications set forth in a
schedule of excise taxes on file in the City Manager's office and the Finance
Department.
(c) Computation, payment, duties of wholesale dealer or distributor. The tax
imposed in this Article shall be computable and payable monthly . Each
wholesale dealer or distributor selling , shipping or delivering beer, wine or liquor
to any retail dealer in the City shall , as a condition to the privilege of carrying
on the business :
1) Keep true and correct records of all sales , shipments or deliveries of
such alcoholic beverages to any retail dealer in the City , such records to
be for a period of five (5) years for beer , wine , and liquor , and to be made
available upon request to any duly authorized representative of the City .
2) Collect from each such retail dealer in the City limits at the time of
delivery of the beer , wine , and liquor the amount of tax due under the
terms of this Article and to hold such amount in trust for the City until
such amount is remitted to the C ity 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
87
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. Th is Section shall also apply to Farm
Wineries .
(f) Prohibited deliveries. It shall be prohibited and a violation of this Section for any
wholesale dealer or distributor to deliver any beer , wine , or liquor to any retail
dealer in the City without collecting the taxes provided for in this Section at the
time of delivery .
(g) Violations and penalties. Any person violating any of the provisions of this
Section , or who shall assist any retail dealer in beer , wine , or liquor in the City
to evade or avoid the payment of the taxes provided for in this Section shall be
punished as provided in this Chapter and shall also be subject to having his/her
license revoked .
(h) Farm Wineries . Wines sold at retail by a Farm Winery shall have levied thereon
the excise tax that applies to wholesalers . Farm Wineries have a duty to keep
accurate records as to what is sold at retail and what is sold at wholesale .
(i) Distilleries . Liquor sold at retail by a distillery shall have levied thereon the
excise tax that applies to wholesalers. Distilleries have a duty to keep accurate
records as to what is sold at retail and what is sold at wholesale .
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 sold at retail and what is sold at wholesale .
State Law reference-O .C .G.A. § 3-3-41 ; employee solicitation of patrons for drinks
on-premises , O .C .G .A. § 3-3-42 ; display of prices of distilled spirits , O .C .G.A. § 3 -4-
26 ; levy of tax on sale of distilled spirits by the package authorized , O .C .G .A. § 3 -4-
80 ; sale of distilled spirits by the drink , O .C .G .A. § 3-4-90 et seq.; imposition of excise
tax on malt beverages required , O.C .G .A. § 3-5 -80 ; authorization to levy tax on wine ,
O .C .G .A. § 3-6-60 .
Sec. 4-184. -Per drink excise tax on distilled spirits to be collected and paid by
on-premise consumption retailers.
(a) There is hereby levied and imposed a specific excise tax on the sale of liquor
in the amount of th ree 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.
88
(b) The excise tax imposed in this subsection does not apply to the sale of
fermented beverages made in whole or in part from malt or any similar
fermented beverages made in whole or in part from fruit , berries or grapes
either by natural fermentation or fermentation with brandy or any similar
fermented beverage .
(c) The excise taxes provided for in this Section shall be imposed upon and shall
be paid by the on -premise consumption licensee who sells liquor by the drink.
(d) Each licensee selling liquor by the drink within the City shall file a report with
the City by the 20th day of each month showing the preceding calendar month
summary of the licensee's gross sales derived from the sale of liquor sold by
the drink during the preceding month .
(e) Each such licensee shall remit to the City by the 20th day of the month next
succeeding the calendar month in which such sales were made the amount
of excise tax due in accordance with this Section .
(f) Each licensee collecting the tax authorized by this Section shall be allowed a
percentage of the tax due and accounted for , and shall be reimbursed in the
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. 4-185. -Excise tax on alcohol produced by brewpubs, breweries, micro-
breweries, distilleries and micro-distilleries.
(a) Every brewpub , brewery , micro-brewery , distillery and micro-distillery located
within the City shall file a monthly report with the City 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
89
report shall also indicate the total production of alcohol during the report
period and the proper tax remittance fo r such production. Failu re to properly
complete or submit the required repo rts 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 (15 ½ gallons) and $12 .00 per barrel (31
gallons). Where the beer is sold in bottles , cans , or other containers , except
barrel or bulk containers , the levied tax shall be 5 cents per 12 ounces and a
proportionate tax at the same rate on all fractional parts of 12 ounces.
(c) There is levied an excise tax on all liquor produced by a d istillery at the rate
of $0 .22 per liter or [$0 .0065] per ounce .
(d) Such tax shall be paid to the City no later than the 20th day of each month for
the preceding month's production . A late payment penalty of fifteen percent
(15%) of the tax otherwise due plus interest shall be added to the amount due
for any payment not received by the due date .
Sec. 4 -186. -Excise tax required on wholesalers.
(a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0 .0065]
per 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
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have it available for inspection by authorized representatives of the City. If
requested by an authorized representative of the City , a copy of such
records shall be attached to any reports requested or required by the City.
5) It shall be a violation of this Chapter for any retail dealer to possess , own ,
hold , store , display or sell any wine or liquor on which such tax has not
been paid . Wholesalers collecting the tax authorized in this Section shall
be allowed a percentage of the tax due and accounted for and shall be
reimbursed in the form of a deduction in submitting , reporting , and paying
the amount due , if the amount is not delinquent at the time of payment.
The rate of the deduction shall be at the same rate authorized for
deductions from state tax under O .C.G .A. § 48-8-50 , and any amendment
thereto.
(b) There is levied an excise tax on all beer sold by wholesalers to retailers in the
City at the rate of $0 .05 per 12 -ounce container and $6 .00 for each container of
tap or draft beer of 15½ gallons and in similar proportion for bottles , cans and
containers of various sizes as follows :
Size of Container Tax Per Container
?-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 qallons) 6 .00
One barrel (31 gallons) 12 .00
All provisions as to excise tax in this Section shall apply to this tax on beer except
the tax rate which is set out in this subsection and the reimbursement of three
percent (3%) of the taxes collected which shall not apply to beer wholesalers .
Secs. 4-187 -4-189 Reserved .
DIVISION 2. -TAX RETURNS AND COLLECTION
Sec. 4-190. -Tax delinquent on 21st day.
The tax imposed under this Chapter shall , for each month , become delinquent
on the 21st day of each succeeding month . Any such delinquent tax shall bear
interest at the rate of one percent (1 %) per month , or fraction thereof, and a penalty
of fifteen percent (15%) of such delinquent tax shall be added and attached to the
total amount of the fee . The City Manager or designee is empowered to pursue any
remedy or right of collection and payment of taxes lawfully levied by the City , as may
be allowed under the laws of the state and the ordinances of the City .
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State Law reference-Authority to impose excise tax on sale of distilled spirits by
the drink , O.C.G.A. § 3-4 -131 ; Local excise tax on sale of distilled spirits , O .C.G .A. §
3-4-80 ; local excise tax on sale of malt beverages , O.C .G.A. § 3-5 -80 et seq.; local
excise tax on wine , O .C .G .A. § 3-6 -60 et seq.
Sec. 4-191. -Deficiency assessment.
(a) If the City has cause to believe that a return or the amount of tax paid to the
City by a licensee is not proper, the City may compute and determine the
amount due on the basis of any information available . One (1) or more
deficiency determinations may be made of the amount due for any month.
(b) The amount of deficiency determination shall bear interest at a rate equal to
the bank prime loan rate as posted by the Board of Governors of the Federal
Reserve System in statistical review release H. 15 or any publication that may
supersede it , plus three percent (3%), to accrue monthly from the 20 th day of
the month after the close of the period for the tax due , which the amount or any
portion thereof should have been returned until paid , in addition to any other
penalties which may be imposed. Such annual interest rate shall be determined
for each calendar year based on the first weekly posting of statistical release
H.15 on or after January 1 of each year. For the purposes of this Section , any
period of less than one (1) month shall be considered to be one (1) month .
(c) For any deficiency which is determined to be made due to fraud , or an intent to
evade any provisions of this Article , a penalty of 25 percent (25%) of the
deficiency shall be added thereto .
(d) The City shall give notice of a deficiency determination to the licensee . The
notice shall be served by personal service on the registered agent by a City
police officer or code enforcement officer. If personal service fails , the notice
shall be mailed by certified mail to the registered agent at the address provided
and to the named licensee at the licensed premises . Delivery shall be deemed
to take place on the third day following deposit in the United States mail.
(e) Except in the case of fraud , intent to evade this Chapter , or failure to make a
return , every notice of deficiency determination shall be mailed within three (3)
years after the 20th day of the calendar month following the monthly period for
which the amount is proposed to be determined , or within three (3) years after
the return is filed , whichever period should last expire .
Sec. 4-192. -Failure to file return.
(a) If any licensee fails to make a return , the City may make an estimate of the
amounts of the gross receipts of the licensee , or as the case may be , of the
amount of the total sales in the City which are subject to the tax . The estimate
shall be made for the period in respect to which the licensee failed to make the
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return and shall be based upon any information which is or may come into the
City's possession . Upon the basis of this estimate , the City shall compute and
determine the amount required to be paid the City . One (1) or more
determinations may be made for each period .
(b) If the failure of any person to file a return is due to fraud or intent to evade this
Chapter, a penalty of 25 percent (25%) of the amount required to be paid by
the party shall be added thereto in addition to any other penalties which are
imposed under this Chapter.
(c) The City shall promptly give to the party written notice of the deficiency in the
manner specified by this Chapter.
(d) In the event that any person holding a retail license shall fail to file the required
return or to pay the taxes imposed by this Chapter, it shall be grounds for
suspension or revocation of any retail license to sell alcoholic beverages in the
City.
Sec . 4-193. -Penalties and interest.
(a) Any party who fails to pay the tax herein imposed by the City , or fails to pay
any amount of such tax required to be paid by the party shall , in addition to the
tax , pay interest on the outstanding tax obligation at the rate of one percent
(1 %) per month , or fraction thereof, from the date the tax payment was last due
until payment is made .
(b) Any party who fails to pay the tax herein imposed by the City , or fails to file any
required tax return to the City , within the time required, shall pay a penalty of
fifteen percent (15%) of the tax and interest due the City .
(c) In the event that any person holding a retail license shall fail or refuse to pay to
the wholesaler selling to him or her alcoholic beverages the tax imposed by the
City , the wholesaler shall immediately report such failure to pay to the Finance
Department and shall make no further sales of any alcoholic beverages
whatsoever to said retailer until receipt of written notification to do so from the
City . In such event, the tax may be collected by the City by an action at law
against the retailer.
Sec. 4-194. -Actions for collections; overpayment.
(a) At any time within three (3) years after the delinquency of any amount due
under this Chapter, the City may bring an action in the courts of this state , any
other state , or the United States in the name of the City to collect the amount
delinquent, together with penalties , interest, court fees , filing fees , attorneys'
fees , and other legal fees incident thereto .
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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. 4-195 -4-199 Reserved.
ARTICLE VII. -WHOLESALERS
DIVISION 1. -GENERALLY
Sec. 4-280. -License required.
(a) Any wholesale dealer in alcoholic beverages who is licensed by the State of
Georgia and who has a place of business in the city shall procure a license
under the same distance requirements and required hours and days of
operation applicable to retail package licensees . The license fee for a resident
wholesale dealer's license shall be set by the City Council and approved by
resolution .
(b) Any wholesale dealer in alcoholic beverages who is licensed by the State of
Georgia , who does not have a place of business in the city but who does
business in the city , shall be registered in the city and subject to excise tax due
from wholesale dealers pursuant to article VIII. Such registration shall be
renewed annually with :
1) Submittal of annual renewal affidavit ;
2) The presentation of satisfactory evidence that he understands the alcoholic
beverage rules and regulations of the city and the conditions under which
retail licenses are issued ; and
3) A registration fee of $100 .00 as authorized by O .C .G .A. § 3 -5-43 .
Sec. 4-201. -Special provisions applicable to wholesale license .
(a) Except as may be authorized under state law, no person who has any direct
financial interest in any license for retail sale of any alcoholic 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 . 4-202. -Audits .
If the City Manager deems it necessary to conduct an audit of the wholesaler
licensee 's records and books , he or she shall notify the licensee of the date , time and
place of the audit.
(Ord . No .15-03-236 , § 1, 3-16 -2015 ; Ord . No .17 -05-316 , § 1, 5-15-2017
Secs. 4-203 -4-222 Reserved .
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Exhibit B
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FEES AND OTHER CHARGES
Chapter 4-Al c oholi c Beverages
4-30(i) License fees See C hapter 4, Art icle Il l,
Division I
4-34 Processing fee -$100.00/year administrative
4-52(e) Transfer license fee $100
4-64(b) l Penalty for sale to For the first offense A m inimum fine of $500 .00 underage persons
4-64(b)2 Penalty for sale to For the second offense in A m inimum fine of $750.00 underage persons 24 -month period
4-64(b)3 Penalty for sale to For the third offense in 24 -A min imum fine of $1,000 .00 underage persons month period
I
In addition to availab le
4-64(e) Criminal penalties actions, violators of Not to exceed $1 ,000.00 chapter could be charged
criminal penalties
Retail package
license fees
4-70(a) Wine $400 .00/year
4-70(a) Beers (including $400.00/year growlers)
4-70(a) Wine and beers $800 .00/year
4-70(a) Liquor $3 ,000 .00/year
4-70(a) Wine , beers and $3 ,800.00/year liquor
Specialty g ift shop
4-70(a ) license $100 .00/year
I
(beer/wine)
Consumption on
Premise s
(Standard)
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4-70(b){l) Wine See 4-70(f) for prere quisites $650 .00/year
4-70(b)(l) Beers See 4-70(f) for p rerequisites $650 .00/year
4-70(b)(l) Wine and beers See 4-70(f) for prerequisites $1 ,300 .00/year
4-70(b)(l) Liquor See 4-70(f) for prerequisites $3,200 .00/year
4-70(b)(l) Wine , beers and See 4-70(f) for prerequisites $4 ,500 .00/year liquor
Consumption on
Premises (Limited)
"Bring Your Own
4-Beverage " (BYOB)
70(b){2){a) License (No Pre -$100/year
existing On-
Premise Licensees)
4-Incidental Service $100/year 70(b){2)(b) License
4-Limited Tap $325/year 70(b){2)_(c) License
4-Courtyard Market $250 .00/year 70(b){2){d) License
4-Special events $250/year 70(b)(2){e) facility license
Manufacturing
Manufacturer's
4-70(c){l) License $500 .00/year
Brewery or Dis tillery
Manufacturer's
4-70(c)(2) License M icro-$250.00/year Brewery o r Mic ro -
Dis tille ry
Hybrid
4-70(d)(l) Brewpub $1 ,650 .00/year
4-70(d)(2) Farm winery -$400 .00/year wholesale
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4-70{d){2) Farm winery -retail $400.00/year packages sales
4-70{d){2) Farm winery-
consumption on $650.00/year
premises
Add-On License
Sunday Sales
License
4-70{e){l) $250/year
Retail Package
(Standard)
Sunday Sales
License
4-70{e){l) Consumption on $500/year
Premise
(Standard)
Sunday Sales
License
(When added to
4-70{e){l) Crow/er /Growler $25/year
License or Croft
Beer and/or Wine
Market License)
For currently licensed
4-70{e){2) Resident caterer consumption on premises $150.00/year license or retail package
establishments
4-70{e){2) Non-resident For authorized event $50.00/event caterer license
"Bring Your Own
4-70{e){3) Beverage" {BYOB) See 4-70{f) for prerequisite $100/year License {On-license
Premise Licensees)
Limited Food See 4-70{f) for prerequisite 4-70{e){4) Service Restaurant $250/year
License license
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I Restaurant See 4-70 (f) for prerequis ite 4-70(e)(5) Package Sale li cense $100/year
I
License
Cra ft Beer and/or See 4-70(f) for prerequisite 4-70(e)(6) Wine Market license $250/year
License
4-70(e)(7) Growler/Crowl er See 4-70 (f) for prerequis ite $100/year License li cense
4-70(e)(8) Ancillary Tasting See 4-70(f) for prerequisite $100/year License license
Permits
4-72(0) Spec ial event For currently licensed $250.00 alcohol permit estab lishments
4-72(a) Special event For non -profit civic $100.00 alcohol permit organizations
Grand
4-72(b) Opening/ Annua l No fee
Promotions Permit
Public facilities
4-72(c) event alcohol $50 .00/event
permit
4-72(d) Ca t ered event No fee alcohol permit
I Other
Temporary
4-94(c) Alcohol ic 25% of assessed annual fee
Beverage License
4-99 Private clubs See section 4-70
4-100 Hotel and hotel in -See section 4-70 room service
4-128 Wholesaler license Located within the city
fee limits
Wine $400 .00/year
100
Beers $400.00/year
Wine and beers $800.00/year
Dis till ed spirits $3,000 .00/year
Wine, beers and distil led $3,800.00/year spirits
4-128 Wh o lesaler license Located outside of the city
fee limits
Wine $100.00/year
Beers $100 .00/year
Wine and beers $100.00/year
Li quor $100.00/year
Wine, beers and liquor $100.00/year
4-l42(c) Pouring permit Inves ti gative fee $60.00/every 2 years
If within 30 days of origina l
app lic ation date, then fee is
4-l42(i) Pouring permit $7.5 0. If after 30 days of
rep lacement o ri g in a l application, new
application and fee must be
su b mitted (see 4-235 ).
4-184(0) Excise t ax on liquor 3% o f t he charge to th e p ubl ic
by the drink for the beverage
Excise tax on a ll $6.00 per half barrel ( 15½
beer produced b y gall o ns) and $12.00 p er b arre l
4-185(b ) a brewpub, (3 1 gallons), $0.05 per 12
brewery, or micro -ounces and a proportionate
t ax a t t he same ra t e on all b rewery fractional parts of 12 ounces
Excise tax on all $0 .22 p er liter or [$0 .0065) per
4-l 85 (c) li quor produced ounce, and a proportionate
by a distillery or tax a t t he same ra te on a ll
mi cro-distillery fractional parts o f a liter
Pe na lty for late
4-185(d) excise tax 15% o f the tax otherwise due
payment
101
$0.22 per liter of liquor, and a
4-186(0) Wholesale excise proportionate tax at the same
tax on liquor rate on all fractional parts of a
liter
$0.22 per liter of wine, and a
4-186(0) Wholesale excise proportionate tax at the same
tax on wine rate on all fractional parts of a
liter
4-186(b) Wholesale excise Container types tax on beers
$6.00 on each container sold
When beers are sold in or containing not more than 15 ½
from a barrel or bulk gallons and a proportionate
container tax at the same rate on all
fractional parts of 12 ounces
When beers are sold in $0.05 per 12 ounces and a
bottles , cans , or other proportionate tax at the same
containers other than rate on all fractional parts of
barrel or bulk containers 12 ounces
Interest on
4-191 (b) deficiency of See section 4-171 (b) wholesale or retail
excise tax
Penalty on 25% of the amount required to 4-191 (c) deficiency due to
fraud be paid
For any deficiency which is
4-192(b) Penalty for failure determined to be made 25% of the amount required to
to file return due to fraud, or intent to be paid
evade this chapter
Any party who fails to pay
the tax herein imposed by 15% of the tax, or amount of
4-193(b) Penalty for failure the city, or fails to file any the tax and interest, due the to pay tax required tax return to the
city, within the time city
required
102