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HomeMy WebLinkAboutAgenda Packet - CC - 10/04/2021 CITY COUNCIL REGULAR MEETING City Council Chambers, City Hall Monday, October 04, 2021 at 6:00 PM AGENDA Joe Lockwood, Mayor CITY COUNCIL DISTRICT 1 DISTRICT 2 DISTRICT 3 Peyton Jamison – Post 1 Laura Bentley – Post 1 Joe Longoria – Post 1 Carol Cookerly – Post 2 Paul Moore – Post 2 Rick Mohrig – Post 2 ___________________________________________________________________________________ INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 21-293) 5) PUBLIC COMMENT (General) – 6) CONSENT AGENDA A. Approval of the September 20, 2021 City Council Meeting Minutes. (Agenda Item No. 21-294) (Tammy Lowit, City Clerk) B. Approval of the Financial Statements and Investment Report for the Period 11 - August 2021. (Agenda Item No. 21-295) (Bernadette Harvill, Asst. City Manager) C. Approval of an Agreement between the City of Milton and Global Music Rights, LLC. Granting the City Legal Authorization to Play Shares of the Music Global Music Rights, LLC Represents in City Spaces. (Agenda Item No. 21-296) (Courtney Spriggs, Community Outreach Manager) 1 CITY COUNCIL REGULAR MEETING - Monday, October 04, 2021 PAGE | 2 2006 Heritage Walk, Milton, GA 30004 ǀ 678.242.2500 ǀ www.cityofmiltonga.us D. Approval of a Construction Services Agreement between the City of Milton and AAA Tree Experts Group, LLC for the Removal of Hazardous Trees at Providence Park. (Agenda Item No. 21-297) (Tom McKlveen, Parks and Recreation Manager) E. Approval of a Construction Services Agreement with Peek Pavement Marking, LLC. for Thermoplastic Striping and Raised Pavement Marking Project. (Agenda Item No. 21-298) (Sara Leaders, Public Works Director) F. Approval of a Professional Services Agreement between the City of Milton and Data Media Associates, Inc. for Property Tax Billing Services (Agenda Item No. 21-299) (Sophia Thomas, Financial Services Manager) G. Approval of Subdivision Plats and Revisions. (Agenda Item No. 21-300) (Robert Buscemi, Community Development Director) 7) REPORTS AND PRESENTATIONS A. Proclamation Honoring the 7U Hopewell Mustangs Baseball Team for Winning the Dizzy Dean World Series Championship (Presented by Joe Lockwood, Mayor) B. Presentation of Proposed Storm Water Quality at Former Milton Country Club. (Sara Leaders, Public Works Director) C. Presentation Regarding Update to Providence Park Restrooms. (Tom McKlveen, Parks and Recreation Manager) Name of Development / Location Action Comments / # lots Total Acres Density 1. Jackson Farms 2000 Birmingham Road LL 387 & 406 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 3 Tracts ranging in size from 3.00 acres – 3.878 acres 9.878 Acres 0.30 Lots/Acre 2 CITY COUNCIL REGULAR MEETING - Monday, October 04, 2021 PAGE | 3 2006 Heritage Walk, Milton, GA 30004 ǀ 678.242.2500 ǀ www.cityofmiltonga.us 8) FIRST PRESENTATION A. Consideration of an Ordinance to Amend Chapter 4 and Appendix A of the Milton Code of Ordinances (Alcoholic Beverages) to Update Various Sections to Clarify Intent. (Agenda Item No. 21-301) (Bernadette Harvill, Asst. City Manager) 9) PUBLIC HEARING 10) ZONING AGENDA 11) UNFINISHED BUSINESS 12) NEW BUSINESS A. Consideration of a Resolution to Enact a Moratorium – for 120 Days – on the Acceptance of Alcohol Applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants in the City of Milton. (Agenda Item No. 21-302) (Bernadette Harvill, Asst. City Manager) B. Consideration of a Resolution Adopting the City of Milton Comprehensive Plan 2040. (Agenda Item No. 21-303) (Robert Buscemi, Community Development Director) C. Consideration of a Resolution Adopting the Capital Improvements Element (CIE) 2021 Annual Update, Relating to the City’s Impact Fee Program. (Agenda Item No. 21-304) (Robert Buscemi, Community Development Director) D. Consideration of a Resolution of the City of Milton Authorizing a Pre- Application for a Georgia Outdoor Stewardship Program Grant with the Department of Natural Resources. (Agenda Item No. 21-305) (Tom McKlveen, Parks and Recreation Manager). 3 CITY COUNCIL REGULAR MEETING - Monday, October 04, 2021 PAGE | 4 2006 Heritage Walk, Milton, GA 30004 ǀ 678.242.2500 ǀ www.cityofmiltonga.us 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS A. Public Works B. Community Outreach 15) EXECUTIVE SESSION (Land acquisition, Personnel, and Potential litigation) 16) ADJOURNMENT (Agenda Item No. 21-306) Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period 11 - August 2021 MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X October 4, 2021 5 Section 6, Item B. To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on September 27, 2021 for the October 4, 2021 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 11 – August 2021 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.12% over what is anticipated for the eleventh period of the fiscal year. Total expenditures to-date are $31,935,077 and are 6.59% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $24,840,242, capital expenditures-to- date total $5,972,824. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 15 6 Section 6, Item B. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending August 2021 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,814,184 7,554 37,042 (29,488) 12,724,464 12,714,831 9,633 Motor Vehicle Tax 1,401,799 169,668 148,858 20,809 1,437,123 1,168,999 268,124 Intangible Tax 891,000 90,536 74,250 16,286 823,658 742,500 81,158 Real Estate Transfer Tax 200,000 30,288 16,667 13,621 240,010 166,667 73,343 Franchise Fees 2,363,124 131,627 - 131,627 1,798,195 1,903,168 (104,973) Local Option Sales Tax 9,483,931 903,157 790,328 112,829 8,324,372 7,903,276 421,096 Alcohol Beverage Excise Tax 300,000 36,133 24,900 11,233 330,845 249,000 81,845 Fireworks Excise Tax 250 - - - - - - Business & Occupation Tax 800,000 6,598 4,000 2,598 790,019 792,000 (1,981) Insurance Premium Tax 2,600,000 - - - - - - Financial Institution Tax 50,000 - - - 49,724 50,000 (276) Penalties & Interest 36,900 1,853 2,492 (638) 44,118 34,708 9,410 Alcohol Beverage Licenses 175,000 5,925 875 5,050 191,587 174,125 17,462 Other Non-Business Permits/Licenses 40,000 2,974 3,732 (758) 35,437 36,757 (1,320) Zoning & Land Disturbance Permits 72,500 52,850 6,040 46,810 121,765 66,440 55,325 Building Permits 670,000 84,617 109,167 (24,549) 550,913 502,500 48,413 Intergovernmental Revenue 7,500 - - - 1,871 3,750 (1,880) Other Charges for Service 499,210 48,445 20,987 27,458 613,880 477,205 136,675 Municipal Court Fines 400,000 50,969 33,320 17,649 452,769 366,520 86,249 Interest Earnings 20,200 867 1,683 (817) 13,243 18,517 (5,274) Contributions & Donations 1,887 - - - 3,737 1,887 1,850 Other Revenue 182,658 18,163 11,808 6,355 187,511 171,568 15,943 Other Financing Sources 1,666,649 - - - 1,679,872 1,666,649 13,223 Total Revenues 34,676,792 1,642,223 1,286,148 356,075 30,415,112 29,211,066 1,204,046 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 161,081 8,280 9,425 (1,145) 112,878 139,860 (26,982) City Clerk 296,633 10,205 19,750 (9,545) 238,186 256,176 (17,990) City Manager 743,989 54,531 68,369 (13,837) 597,242 596,265 978 General Administration 45,557 3,044 2,946 97 43,678 41,597 2,080 Finance 644,353 33,854 41,988 (8,135) 534,554 595,923 (61,369) Legal 335,000 960 27,906 (26,946) 185,479 307,095 (121,615) Information Technology 1,403,409 72,805 77,565 (4,761) 1,060,256 1,142,712 (82,456) Human Resources 384,640 13,867 23,584 (9,717) 311,715 348,354 (36,639) Risk Management 265,345 28,241 24,066 4,175 253,807 265,345 (11,538) General Government Buildings 325,126 12,473 18,685 (6,211) 243,805 281,952 (38,146) Communications 265,918 15,820 18,705 (2,885) 214,746 244,691 (29,945) Community Outreach & Engagement 186,569 10,800 12,396 (1,596) 150,687 173,333 (22,645) Municipal Court 355,108 39,027 32,184 6,843 305,927 311,111 (5,184) Police 5,214,440 348,495 361,126 (12,632) 4,538,658 4,828,757 (290,099) Fire 7,427,449 500,953 580,768 (79,816) 6,485,973 6,845,400 (359,428) Public Works 2,790,337 147,576 181,383 (33,806) 2,039,153 2,430,181 (391,028) Parks & Recreation (Active)1,308,786 67,413 95,779 (28,366) 873,130 1,202,293 (329,163) Passive Parks/Greenspace 288,603 1,688 12,957 (11,269) 41,010 154,620 (113,609) Community Development 1,829,987 145,075 135,491 9,584 1,404,410 1,678,371 (273,961) Economic Development 156,247 8,966 9,358 (392) 102,789 146,932 (44,143) Debt Service - - - - - - - Operating Transfers to Other Funds 14,287,082 2,090,090 2,090,090 - 12,196,992 12,196,992 - Operating Reserve 236,217 - - - - - - Total expenditures 38,951,876 3,614,162 3,844,522 (230,360)31,935,077 34,187,958 (2,252,882) Net Income/(Loss)(4,275,084)(1,971,939)(1,519,965) Fund Balance - Beginning 13,114,251 13,114,251 Fund Balance - Ending 8,839,167 11,594,287 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 15 7 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee 1,000$ 1,000$ 120$ 2,720$ 1,720$ Interest Revenues - - 1 7 7 Crabapple Fest Sponsor 7,500 - - - - Gas South Partnership - - 35 398 398 Total revenues 8,500$ -$ 1,000$ 156$ 3,125$ 2,125$ EXPENDITURES Current: Special Events 101,178$ 88,793$ 855$ 21,355$ 67,438$ Total Expenditures 101,178$ 88,793$ 855$ 21,355$ 67,438$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 24,000 20,000 6,371$ 26,369 6,369 Total other financing sources and uses 24,000$ -$ 20,000$ 6,371$ 26,369$ 6,369$ Net change in fund balances (68,678)$ (67,793)$ 8,139$ Fund balance - beginning 67,794 67,794 67,794 Fund balance - ending (884)$ (1)1$ 75,933$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 (1) COVID-19 continues to impact hotel/motel tax related revenues. FY 2020 revenues came in lower than anticipated and have been be offset by adjustments to expenditures in FY 2021 related to canceled events. 3 of 15 8 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ -$ Cash Confiscations/Fed Funds - - - - - Interest Revenues/State Funds - - 0 0 0 Interest Revenues/Federal Funds - - 1 9 9 Total revenues -$ -$ 1$ 9$ 9$ EXPENDITURES Current: Police -$ 3,033$ -$ 12,234$ (9,201)$ Total Expenditures -$ 3,033$ -$ 12,234$ (9,201)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ (3,033)$ (12,225)$ Fund balance - beginning 99,238 99,238 99,238 Fund balance - ending 99,238$ 96,205$ 87,013$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 4 of 15 9 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES E-911 Fees 1,000,000$ 1,155,000$ 81,463$ 897,404$ (257,596)$ Total revenues 1,000,000$ 1,155,000$ 81,463$ 897,404$ (257,596)$ EXPENDITURES Current: Public Safety 1,000,000$ 1,155,000$ 81,463$ 897,404$ 257,596$ Total Expenditures 1,000,000$ 1,155,000$ 81,463$ 897,404$ 257,596$ Net change in fund balances -$ -$ -$ Fund balance - beginning - - - Fund balance - ending -$ -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 5 of 15 10 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues CARES Act -$ 1,651,603$ -$ 1,651,603$ -$ Interest Revenues - 46 - 46 - Total revenues -$ 1,651,649$ -$ 1,651,649$ -$ EXPENDITURES Current: General Administration -$ -$ -$ -$ - Police - - 29,160 29,160 29,160 Total Expenditures -$ -$ 29,160$ 29,160$ 29,160$ Excess of revenues over expenditures -$ 1,651,649$ (29,160)$ 1,622,489$ (29,160)$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ (1,651,649)$ -$ (1,651,649)$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses -$ (1,651,649)$ -$ (1,651,649)$ -$ Net change in fund balances -$ - (29,160)$ Fund balances - beginning - - - Fund balances - ending -$ -$ (29,160)$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 6 of 15 11 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues American Rescue Plan -$ -$ 7,391,612$ 7,391,612$ 7,391,612$ Interest Revenues - - 109 160 160 Total revenues -$ -$ 7,391,721$ 7,391,772$ 7,391,772$ EXPENDITURES Current: General Administration -$ -$ -$ -$ - Total Expenditures -$ -$ -$ -$ -$ Excess of revenues over expenditures -$ -$ 7,391,721$ 7,391,772$ 7,391,772$ OTHER FINANCING SOURCES (USES) Transfers Out to General Fund -$ -$ -$ -$ -$ Budgeted Fund Balance - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances -$ - 7,391,772$ Fund balances - beginning - - - Fund balances - ending -$ -$ 7,391,772$ City of Milton American Rescue Plan (ARP) Act of 2021 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 7 of 15 12 Section 6, Item B. Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 24,000$ 20,000$ 6,371$ 26,369 6,369$ Total revenues 24,000$ 20,000$ 6,371$ 26,369$ 6,369$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 24,000$ 20,000$ 6,371$ 26,369 6,369$ Total other financing sources and uses 24,000$ 20,000$ 6,371$ 26,369$ 6,369$ Net change in fund balances -$ - -$ Fund balance - beginning - - - Fund balance - ending -$ -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 8 of 15 13 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 27,778$ 115,644$ 115,644$ 5,644$ Infrastructure Maint Penalty & Interest - - - 1,480 1,479 1,479 Fulton County IGA Funding - - - 252,584 252,584 252,584 Mayfield Rd Stormwater Facility Assessment - 45,722 - 45,722 45,722 - Landfill Use Fees 45,000 45,000 - 36,795 36,795 (8,205) Interest Revenue - - 85 519 519 519 Other Misc Revenue - 45,528 - 45,528 45,528 - Insurance Proceeds/Public Safety - 25,662 - 25,662 25,662 - Total revenues 155,000$ 271,912$ 27,864$ 523,934$ 523,933$ 252,021$ EXPENDITURES Capital Outlay General Admin 13,762$ 27,413$ -$ 27,413$ 27,413$ -$ Finance 61,665 61,665 - - - 61,665 Information Services 68,914 68,914 - - - 68,914 General Govt Bldg 92,000 92,000 - 169 169 91,831 Police 404,849 430,511 - 181,155 354,191 76,320 Fire 1,238,489 2,655,561 121,026 463,780 517,730 2,137,831 Public Works 9,115,109 10,435,109 378,513 4,817,052 6,155,495 4,279,614 Parks & Recreation (Active)3,531,503 7,531,503 - 68,149 1,022,614 6,508,889 Passive Parks/Greenspace 1,680,222 2,725,943 147,081 172,223 1,024,020 1,701,923 Community Development 747,622 811,622 - 242,883 419,551 392,072 Total Capital Outlay 16,954,136$ 24,840,242$ 646,620$ 5,972,824$ 9,521,183$ 15,319,060$ Excess of revenues over expenditures (16,799,136)$ (24,568,330)$ (618,757)$ (5,448,890)$ (8,997,249)$ (15,067,038)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,927,056$ 12,637,056$ 1,952,588$ 10,684,468$ 10,684,468$ (1,952,588)$ Transfer out to TSPLOST Fund - (45,528) - (45,528) (45,528) - Contingencies (148,021) (48,132) - - - 48,132 Total other financing sources and uses 4,779,035$ 12,543,396$ 1,952,588$ 10,638,940$ 10,638,940$ (1,904,456)$ Net change in fund balances (12,020,101)$ (12,024,935) 5,190,050$ 1,641,690$ Fund balance - beginning 12,039,016 12,039,016 12,039,016 12,039,016 Fund balance - ending 18,916$ 14,082$ 17,229,067$ 13,680,707$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 9 of 15 14 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,531,461$ 1,610,170$ 957$ 1,604,322$ 1,604,322$ (5,848)$ Real Property Tax-Prior Year 500 6,700 43 7,116 7,116 416 Public Utility Tax-Current Year 11,808 11,349 - 11,359 11,359 10 Personal Property Tax-Current Year 23,268 23,268 28 21,825 21,825 (1,443) Personal Property Tax-Prior Year - 500 79 554 554 54 Motor Vehicle Tax 4,200 5,292 374 4,302 4,302 (990) Penalties & Interest - Real Property 1,500 1,500 29 3,186 3,186 1,686 Penalties & Interest - Personal Property - - 34 180 180 180 Interest Revenue (Regions)9,000 500 42 417 417 (83) Interest Revenue (SunTrust)- - 3 49 49 49 Total revenues 1,581,737$ 1,659,279$ 1,590$ 1,653,309$ 1,653,309$ (5,970)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 5,030,175$ 5,017,854$ -$ 2,337$ 12,337$ 5,005,518$ Fiscal Agent's Fees 1,306 1,306 - 1,306 1,306 - Bond Principal 895,000 895,000 - 895,000 895,000 - Bond Interest 816,125 816,125 - 816,125 816,125 - Total Capital Outlay 6,742,607$ 6,730,286$ -$ 1,714,768$ 1,724,768$ 5,015,518$ Excess of revenues over expenditures (5,160,870)$ (5,071,007)$ 1,590$ (61,458)$ (71,458)$ 5,009,548$ Net change in fund balances (5,160,870)$ (5,071,007) (61,458)$ (71,458)$ Fund balance - beginning 5,247,816 5,247,816 5,247,816 5,247,816 Fund balance - ending 86,946$ 176,809$ 5,186,357$ 5,176,357$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 10 of 15 15 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,868,450$ 650,022$ 6,114,420$ 6,114,420$ (754,030) Interest Revenues - - 53 406 406 406 Realized Gain or Loss (GA Fund 1)72,000 10,200 569 7,320 7,320 (2,880) Total revenues 6,072,000$ 6,878,650$ 650,644$ 6,122,146$ 6,122,146$ (756,504)$ EXPENDITURES Capital Outlay Public Works 22,996,046$ 25,311,574$ 712,246$ 4,507,301$ 6,460,438$ 18,851,136 Total Capital Outlay 22,996,046$ 25,311,574$ 712,246$ 4,507,301$ 6,460,438$ 18,851,136$ Excess of revenues over expenditures (16,924,046)$ (18,432,924)$ (61,602)$ 1,614,845$ (338,291)$ 18,094,632$ OTHER FINANCING SOURCES (USES) Transfers in from Capital Projects Fund -$ 45,528$ -$ 45,528$ 45,528$ -$ Transfers in from Capital Grant Fund - 655,000 - 655,000 655,000 - Total other financing sources and uses -$ 700,528$ -$ 700,528$ 700,528$ -$ Net change in fund balances (16,924,046)$ (17,732,396)$ 2,315,373$ 362,237$ Fund balance - beginning 17,777,064 17,777,064 17,777,064 17,777,064 Fund balance - ending 853,018$ 44,668$ 20,092,437$ 18,139,301$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 11 of 15 16 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Assistance to Firefighters Grant 81,573$ 81,573$ -$ 82,397$ 82,397$ 824$ Recreation Trail Program 192,228 192,228 - 2,228 2,228 (190,000) Land & Water Conservation Grant 200,000 200,000 - 11,975 11,975 (188,025) LMIG Funds 440,000 392,419 - 392,419 392,419 - LMIG-SAP Funds - - - 116,000 116,000 116,000 Smart Communities 44,078 44,078 - 44,078 44,078 - Trail Connection to Big Creek Greenway 392,800 392,800 - 83,336 83,336 (309,464) Interest Revenues - - - 43 43 43 Total revenues 1,350,679$ 1,303,098$ -$ 732,476$ 732,476$ (570,623)$ EXPENDITURES Fire 90,637$ 90,637$ -$ 90,637$ 90,637$ -$ Public Works 1,647,796 945,215 - 945,215 945,215 0 Parks & Recreation 586,188 586,188 1,880 79,351 817,952 (231,764) Community Development 1,032 1,032 - 180 1,055 (23) Total Capital Outlay 2,325,653$ 1,623,072$ 1,880$ 1,115,383$ 1,854,860$ (231,788)$ Excess of revenues over expenditures (974,974)$ (319,974) (1,880)$ (382,907)$ (1,122,384)$ (802,410)$ OTHER FINANCING SOURCES (USES) Transfer Out toTSPLOST Fund -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Budgeted Fund Balance - - - - - - Total other financing sources and uses -$ (655,000)$ -$ (655,000)$ (655,000)$ -$ Net change in fund balances (974,974)$ (974,974)$ (1,037,907)$ (1,777,384)$ Fund balance - beginning 975,930 975,930 975,930 975,930 Fund balance - ending 955$ 955$ (61,978)$ (801,455)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 12 of 15 17 Section 6, Item B. Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 30,000$ 3,389$ 30,984$ 30,984$ 984$ Law Enforcement Fund 13,000 13,000 1,423 13,523 13,523 523 Fire Fund 72,500 72,500 8,154 77,487 77,487 4,987 Road Fund 110,000 110,000 10,175 127,643 127,643 17,643 Park Fund 650,000 650,000 93,227 814,178 814,178 164,178 Interest Revenues/Admin Fund - - 1 8 8 8 Interest Revenues/Law Enforcement Fund - - 1 3 3 3 Interest Revenues/Fire Fund - - 3 20 20 20 Interest Revenues/Road Fund - - 4 31 31 31 Interest Revenues/Park Fund - - 39 211 211 211 Total revenues 875,500$ 875,500$ 116,416$ 1,064,088$ 1,064,088$ 188,588$ EXPENDITURES General Government Buildings 13,000$ 13,597$ -$ -$ -$ 13,597$ Fire 381,632 386,856 - - - 386,856 Public Works 110,000 117,518 - - - 117,518 Parks & Recreation (Active)2,420,255 2,486,524 - - - 2,486,524 Community Development 76,878 79,122 - 2,869 39,824 39,298 Total Capital Outlay 3,001,766$ 3,083,617$ -$ 2,869$ 39,824$ 3,043,793$ Excess of revenues over expenditures (2,126,266)$ (2,208,117) 116,416$ 1,061,219$ 1,024,264$ 3,232,381$ Net change in fund balances (2,126,266)$ (2,208,117) 1,061,219$ 1,024,264$ Fund balance - beginning 2,208,117 2,208,117 2,208,117 2,208,117 Fund balance - ending 81,851$ -$ 3,269,336$ 3,232,381$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 13 of 15 18 Section 6, Item B. Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Interest Revenues (Regions)-$ 32$ 409$ 409$ 409$ Total revenues -$ 32$ 409$ 409$ 409$ EXPENDITURES Capital Outlay General Government Buildings 130,360$ -$ 129,994$ 129,994$ 366$ Fire 3,745,300 - 172,939 337,180 3,408,120 Fiscal Agent's Fees 1,807 - 1,806 1,806 1 Bond Principal 770,000 - 770,000 770,000 - Bond Interest 878,219 - 878,219 878,219 0 Total Capital Outlay 5,525,687$ -$ 1,952,958$ 2,117,200$ 3,408,487$ Excess of revenues over expenditures (5,525,687)$ 32$ (1,952,549)$ (2,116,791)$ 3,408,896$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,650,026$ 137,502$ 1,512,524$ 1,512,524$ (137,502)$ Total other financing sources and uses 1,650,026$ 137,502$ 1,512,524$ 1,512,524$ (137,502)$ Net change in fund balances (3,875,661)$ (440,025)$ (604,267)$ Fund balance - beginning 3,984,697 3,984,697 3,984,697 Fund balance - ending 109,036$ 3,544,672$ 3,380,430$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2021 14 of 15 19 Section 6, Item B. Amount Percent Yield Money Market - Quantum Bank 5,394,736 14%0.04% GA Fund 1 18,139,336 47%0.05% GA Fund 1 (TSPLOST)14,866,985 39%0.05% Grand Total Investment Portfolio 38,401,056 100% Current Month YTD Current Month YTD Interest earned 866 13,078 569 7,320 Budgeted interest 1,667 18,333 850 9,350 Variance over/(under)(801) (5,256) (281) (2,030) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending August 31, 2021 15 of 15 20 Section 6, Item B. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement between the City of Milton and Global Music Rights, LLC. Granting the City Legal Authorization to Play Shares of the Music Global Music Rights, LLC Represents in City Spaces MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X October 4, 2021 X X 21 Section 6, Item C. To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on September 21, 2021 for the October 4, 2021 Regular Council Meeting Agenda Item: Approval of an Agreement between the City of Milton and Global Music Rights, LLC Granting the City Legal Authorization to Play Shares of the Music Global Music Rights, LLC Represents in City Spaces ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This agreement will grant the City legal authorization from Global Music Rights, LLC to play shares of the music they represent in city spaces such as parks, pools, recreational facilities, etc. as well as city events such as festivals and farmers markets. This document outlines the expectations and deliverables of this agreement. Funding and Fiscal Impact: This is a budgeted item for FY 2022. The total cost for services annually is $850.00. Alternatives: Denial of the contract, dissolution of the partnership. Legal Review: Jeff Strickland– Jarrard & Davis (07/18/21) Concurrent Review: Steven Krokoff, City Manager Stacey Inglis, Deputy City Manager 22 Section 6, Item C. Attachment(s): Agreement between the City of Milton and Global Music Rights, LLC (GMR) Granting Legal Authority to Play Music Owned by GMR at Public Facilities and Events. 23 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 1 This Agreement, including any attached and referenced schedules (the “Agreement”), dated June 16, 2021, is made by and between Global Music Rights, LLC (“Company”), located at 1100 Glendon Avenue, Suite 2000, Los Angeles, California 90024 and the City of Milton, Georgia, with offices located at 2006 Heritage Walk, Milton, GA 30004 (“Licensee”). Company and Licensee hereby mutually agree as follows: 1. Definitions a. “Compositions” shall mean the musical compositions in which Company controls the right to license (alone or in combination with third party(ies), in each case depending on the percentage share of ownership that Company controls for the specific composition) public performances to the extent such rights are controlled by Company during the Term in the Territory. As used herein, Compositions shall only refer to the share (whether full or partial) of the compositions represented by Company. b. “Effective Date” shall mean June 1, 2021. c. “License Fee” shall mean the amount calculated on an annual basis pursuant to the Rate Schedule and due to Company by Licensee in exchange for the rights granted to Licensee herein. d. “Licensed Events” shall individually and collectively mean any activity or function wholly or primarily sponsored, promoted or conducted by or under the auspices of Licensee, including but not limited to festivals, carnivals, farmers markets, fairs, dances, social events, and athletic events. e. “Licensed Premises” shall individually and collectively mean any locations owned or operated by Licensee and any location which has been engaged by Licensee for a Licensed Event. Licensed Premises shall include but not be limited to recreational facilities, community centers, parks, swimming pools, buildings, hospitals, zoos, athletic facilities, airports, streets, and shopping centers operated, owned, or engaged for use by Licensee. f. “Rate Schedule” shall mean the document at Schedule A. g. “Term” shall mean the Initial Term (as defined below) in addition to any Renewal Periods (as defined below). h. “Territory” shall mean the United States and its territories and possessions. 2. Rights Grant (a) Company grants, and Licensee accepts, the non-exclusive right to perform publicly, or cause to be performed publicly solely at the Licensed Events at the Licensed Premises in the Territory, non-dramatic renditions of the Compositions during the Term. Licensee agrees that this Agreement, and any amendments or extensions, is for any partial or full share of the Compositions represented by Company and that Licensee will not rely on a license from a third party that purports to grant a license to Licensee in the whole of a Composition based on the partial shares of such Composition offered by such third party. (b) Company shall have the right to withdraw from this license, at any time, the right to publicly perform any Composition(s) if (i) Company no longer controls the right to publicly perform any Composition(s); or (ii) if a lawsuit has been brought or threatened regarding any such Composition(s). 3. Term (a) The Agreement shall be for an initial term of one (1) year (“Initial Term”), commencing on the Effective Date and continuing thereafter in full force and effect for additional succeeding terms of one (1) year each (“Renewal Period(s)”) (i.e., commencing on June 1 of each year of the Term), unless terminated earlier by either party pursuant to the terms herein. (b) Either party shall have the right to terminate this Agreement as of the last day of the Initial Term or as of the last day of any Renewal Period(s) upon giving written notice to the other party in accordance with the terms of paragraph 10 DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 24 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 2 below at least ninety (90) days prior to the commencement of any Renewal Period(s). (c) Notwithstanding anything to the contrary contained herein, Company shall have the right to terminate this Agreement: (i) at any time upon written notice to Licensee in the event that Licensee is adjudicated bankrupt, or a petition in bankruptcy is filed with respect to Licensee, or Licensee is declared or becomes insolvent; or (ii) upon thirty (30) days written notice to Licensee in the event that any law, rule, decree, or other enactment having the force of law, by any authority, whether federal, state, local, territorial or otherwise, shall result in substantial interference in Company’s operation or any substantial increase in the cost of conducting its business. In the event of termination by Company pursuant to this paragraph, Company shall refund to Licensee the pro-rated amount of any relevant post-termination License Fees that Licensee paid in advance promptly upon Company’s receipt of an accurate invoice from Licensee for such amounts. (d) If this Agreement is terminated by either party pursuant to the terms herein, then, upon the effective date of such termination, the license granted herein and Licensee’s right to perform the Compositions shall also terminate. 4. Limitations of Rights (a) This license does not convey the right to publicly perform the Compositions by broadcast, telecast, cablecast, transmission by wire, or other electronic transmissions (including, but not limited to, by satellite, the Internet or on-line service) to persons or locations outside of the Licensed Premises. This limitation applies unless and to the extent otherwise expressly permitted by the Agreement. (b) This license is limited to non-dramatic renditions of the Compositions. To clarify, this license does not include the right to perform dramatico-musical works, either in whole or in substantial part, and it does not include the right to use the Compositions in any context that constitutes the exercise of "grand performance rights,” as defined as the right to perform a copyrighted musical composition that is also accompanied by one or more of the following: drama, scenery, narration, storyline, script, costumes, dance and dancers, props, dialogue, pantomime, actors, or plot. (c) This license shall not (i) be construed to grant a license for the public performance of Compositions via any business-to-business background music service or business-to-business digital service which is not itself licensed by Company; (ii) convey the right to publicly perform the Compositions by coin-operated phonorecord players (“Jukeboxes”), as defined by the Copyright Act in 17 U.S.C. § 116 or (iii) convey the right of public performance of the Compositions by any so-called “tribute band” (i.e., a band whose set list is primarily comprised of Compositions popularized by a single artist or band). For the avoidance of doubt, this Agreement shall not be construed to convey to any unlicensed third-party the right to publicly perform the Compositions. (d) Licensee understands and acknowledges that no other rights in the Compositions are being granted by Company hereunder (e.g., without limitation, reproduction rights, print rights, synchronization rights, etc.). (e) This license does not authorize performances; (i) at any congress, convention, trade show, exposition or similar activity presented by Licensee or on the Licensed Premises unless it is presented or sponsored solely by and under the auspices of Licensee, takes place entirely on the Licensed Premises, and is not open to the general public; (ii) at any permanently situated theme or amusement park owned or operated by Licensee; (iii) by or at any colleges or universities; or (iv) at any professional sports events taking place on the Licensed Premises. 5. License Fees (a) In consideration for the rights granted herein, Licensee shall pay to Company the applicable License Fee as calculated pursuant to the Rate Schedule, as such may be amended pursuant to paragraph 5(b) below. A copy of the current Rate Schedule is attached hereto, and incorporated herein, as Schedule A. (b) Notwithstanding anything to the contrary contained in this Agreement, upon sending of written notice to Licensee, Company shall have the right to adjust the rates set forth in the Rate Schedule; provided, however, that any such adjustment shall only be effective upon the commencement of the next Renewal Period. In the event that Licensee’s License Fee increases as a result of such adjustment to the rates set forth in the Rate Schedule, Licensee shall have the right to terminate the Agreement effective as of the date such increase is to take effect, provided that Licensee gives Company written notice of such termination by certified mail, not later than the date such rate increase is to take effect (i.e., not later than the DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 25 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 3 commencement of the next Renewal Period). (c) Company shall have the right to impose a late payment charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is less, on any payment by Licensee that is more than thirty (30) days past due per the terms of the Rate Schedule. Company shall have the right to impose a $25.00 service charge for each unpaid or dishonored check, draft or other means of payment submitted to Company by Licensee. In the event that Company incurs any expenses in connection with the collection of any amounts past due to Company, Licensee shall be responsible for reimbursing Company for any such reasonable, documented, out-of-pocket, third-party expenses. (d) In the event that Company is determined by the taxing authority or courts of any state, territory or possession in which Licensee conducts its operation to be liable for the payment of sales, use, business use, gross receipts or other tax that is based on the amount of Company’s fees from Licensee, then Licensee shall reimburse Company, within thirty (30) days of notification therefor, for Licensee’s pro rata share of any such tax derived from fees received from Licensee. (e) Licensee warrants and represents that Licensee has the right to enter into this Agreement and to satisfy its obligations hereunder to Company including payment of the License Fees required hereunder. 6. Reports and Payment (a) In consideration of the rights grant herein for the Initial Term: (i) Licensee shall deliver an annual report in a computer readable format (an “Annual Report”) to Company no later than upon full execution of this Agreement. (ii) Licensee shall pay Company the total License Fees due within thirty (30) days of full execution of this Agreement. (b) In consideration of the rights grant herein for each Renewal Period: (i) Licensee shall deliver to Company an updated Annual Report promptly upon the commencement of each Renewal Period (i.e., promptly upon each one (1) year anniversary of the Effective Date of this Agreement). (ii) Licensee shall pay Company the License Fee for each Renewal Period within thirty (30) days of the commencement of such Renewal Period. (c) The Annual Reports shall include: (i) Licensee’s population based on the most recent U.S. Census data; (ii) The License Fee calculated to be due for the then-current Initial Term or Renewal Period. 7. Right to Verify Reports (a) Upon thirty (30) days prior written notice to Licensee, Company shall have the right to examine, by its duly authorized representatives, during customary business hours, such portion of Licensee’s business records to such extent as may be reasonably necessary to verify the information required in the Annual Reports, enabling Company to verify any and all payments, computations and reports rendered and accountings made or required hereunder. All data and information brought to Company’s attention as a result of any examination shall be treated as confidential by Company. (b) Should any such examination reveal that Licensee has underpaid Company any License Fee obligation, Licensee shall pay to Company (i) the amount of such underpayment, (ii) a finance charge on the balance shown due of one and one- half percent (1.5%) per month, or the maximum rate permitted by law, whichever is less, from the date(s) the License Fees should have been paid pursuant to this Agreement, and (iii) solely in the event that such examination reveals that Licensee has underpaid Company any License Fee obligation by five percent (5%) or more, any reasonable costs incurred by Company to undertake such examination. The amounts payable pursuant to the preceding sentence shall be due within thirty (30) days’ notice from Company of the additional fees due. DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 26 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 4 8. Indemnification To the extent allowed under applicable Georgia state law, Licensee agrees to indemnify, hold harmless, and defend Company (which shall be deemed to include Company’s parent company) and Company’s officers, directors, employees, successors, and assigns, and each of them (the “Indemnified Parties”), from and against any and all third party claims, demands, or suits that may be made or brought against them or any of them, and the reasonable attorneys’ fees and costs that the Indemnified Parties incur in defending such claims, demands, or suits, arising out of Licensee’s breach of any representation, warranty, obligation or limitation hereunder. Company will promptly notify Licensee of any such claim, demand, or suit, and reasonably cooperate with Licensee with respect thereto. 9. Breach or Default Company shall not be entitled to recover damages or to terminate the Agreement by reason of any breach by Licensee of its material obligations, nor shall Licensee otherwise be deemed in default or breach of this Agreement by reason of any such breach, unless Licensee is given written notice thereof by Company and same is not cured within thirty (30) days after receipt of such notice. This right to terminate shall be available in addition to any and all other remedies that Company may have, including but not limited to the right to institute legal action for copyright infringement as permitted by the Copyright Act under 17 U.S.C. § 501. 10. Notices All notices required or permitted to be given by either party to the other shall be deemed provided if sent by first class U.S. Mail, return receipt requested, or generally recognized expedited services where a receipt is received (e.g., Federal Express) to the addresses set forth above. Company and Licensee shall notify the other in writing in the event of any address change hereunder. 11. Confidentiality (a) Subject to and in accordance with applicable Georgia state law (including the Georgia Open Records Act, as applicable) both parties acknowledge that the nature of this Agreement, the terms set forth in this Agreement and the non- public information provided by the parties to one another in the negotiation and carrying out of this Agreement (collectively, the "Confidential Information") are strictly confidential and both parties agree to keep the Confidential Information strictly confidential and to not disclose the Confidential Information to any third party without the prior written consent of both parties unless in response to legal action, and then upon prior written notice of five (5) business days and opportunity to respond to such legal process and protect Confidential Information, if permitted by law. The parties acknowledge that the Confidential Information is of great value to each party and if disclosed to third parties without the express written consent of the parties would cause irreparable harm. Accordingly, the parties agree that any breach or threatened breach of this confidentiality provision by either of them shall entitle the non-breaching party, in addition to any legal remedies available to it, to apply to a court of competent jurisdiction to enjoin any breach or threatened breach of this Agreement. The parties' obligations under this paragraph shall survive the expiration or termination of this Agreement. Both parties agree that after the Term of this Agreement, each party will destroy the Confidential Information provided by the other party if the disclosing party requests in writing for the receiving party to do so. Nothing herein contained, however, shall prevent Company from using such information for the purpose of licensing or collecting fees from Licensee for performances of the Compositions as authorized hereunder. (b) Nothing in subparagraph 11(a) above shall be construed to countermand Licensee’s obligations under applicable state law (including the Georgia Open Records Act, as applicable). 12. Miscellaneous (a) Licensee is a Georgia government entity and as such the terms and conditions of this Agreement are binding on Licensee to the extent authorized under applicable Georgia state law. (b) Company shall have the right, at its election and without limitation, to assign any of Company’s rights hereunder, in whole or in part, to any person, including, without limitation, to a parent company, affiliate or subsidiary. Company shall also have the right to assign or sublicense any of its rights hereunder to any of its licensees in order to effectuate the DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 27 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 5 purposes hereof. (c) This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and supersedes and cancels any and all previous and contemporaneous discussions, negotiations, covenants, Agreements, commitments, representations, warranties and writings of any kind with respect thereto, all of which have been and are merged and integrated into, and are superseded by, this Agreement. No modification, amendment, waiver, termination or discharge of this Agreement shall be binding upon Company unless confirmed by a written instrument signed by an authorized officer of Company, or binding upon Licensee unless confirmed by a written instrument signed by Licensee or Licensee’s representative. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future or of any subsequent breach thereof. Except as otherwise specifically set forth in this Agreement, all rights, options and remedies in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, option or right available to either party. The headings of the paragraphs hereof are for convenience only and shall not be deemed to in any way affect the scope or meaning of this Agreement or any portion thereof. The parties acknowledge and agree that there are no third-party beneficiaries of this Agreement and none of the provisions hereof are intended to confer, and shall not be construed as conferring, upon any person or entity other than the parties hereto, any rights or remedies hereunder. (d) Each and every provision of this Agreement shall be considered severable, and if for any reason any provision or provisions herein are determined to be indefinite, invalid, contrary to any applicable existing or future laws or otherwise legally unenforceable, that shall not impair the operation or effect of any other portion of this Agreement, and any portion of this Agreement found to be unenforceable shall be severed, and the balance of the provisions of this Agreement shall remain in full force and effect. (e) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. PDF and/or electronic signatures shall be binding for all purposes. GLOBAL MUSIC RIGHTS, LLC LICENSEE BY: ___ \signature{s1}\_____________ BY: ________ \signature{s2}\________ An Authorized Representative An Authorized Representative NAME: ___ \fullname{s1}\\__________ NAME: _____ \fullname{s2}\________ DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 Emio Zizza 28 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 6 SCHEDULE A LOCAL GOVERNMENTS & MUNICIPALITIES RATE SCHEDULE The License Fee for the Initial Term and for each Renewal Period shall be the applicable License Fee as follows: LICENSEE POPULATION (based on most recent US Census data) ANNUAL LICENSE FEE CHECK APPLICABLE FEE 1 - 100,000 $850 \ratecheck{s2}\ 100,001 - 250,000 $2,000 \ratecheck2{s2}\ 250,001 - 500,000 $3,500 \ratecheck3{s2}\ 500,001 Plus each additional 100,000 $4,500 + $500 \ratecheck4{s2}\ x \rate{s2}\ For illustration purposes only, if Licensee has a population of 125,000, the License Fee shall be $2,000. If Licensee has a population of 650,000, the License Fee shall be $5,500 ($4,500 + ($500 x 2) = $5,500). PAYMENT AND REPORTING Licensee shall pay Company the License Fee for the Initial Term within thirty (30) days of full execution of this Agreement. Licensee shall pay Company the License Fee for each Renewal Period within thirty (30) days of the commencement of such Renewal Period (i.e., within thirty (30) days of each one (1) year anniversary of the Effective Date of this Agreement). In the event this Rate Schedule is completed with accurate data provided by Licensee at the time of execution of this Agreement, such completed Rate Schedule shall be deemed part of the Annual Report for the Initial Term only. This schedule is incorporated and made part of the Agreement. DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 29 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 7 NOTICE TO ALASKA PROPRIETORS. Alaska law (Alaska Stat. § 45.45.500 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at the time of the offer or within seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Global Music Rights: (1) A schedule of the rates and terms of royalties under the contract, including any sliding scale, discounts, or reductions in rates on any basis, for which you may be eligible, and any scheduled increases or decreases in rates during the term of the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) Notice that Company has a toll-free telephone number from which you may obtain answers to inquiries concerning specific musical works and the copyright owners represented by Company; Company's toll-free information hotline is 310-209-6444; and (3) Notice that the most recent available list of the members or affiliates represented by Company and the most recent available list of the copyrighted musical works in Company's repertoire will be available on electronic media through the Cabaret Hotel and Restaurant Retail Association at Company’s expense. NOTICE TO ARKANSAS PROPRIETORS. Arkansas law (Ark. Code Ann. § 4-76-101 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance right license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) At your request, the opportunity to review the most current available list of the members or affiliates represented by Company; The most current listing of Company’s members may be accessed at http://globalmusicrights.com. (3) Notice that Company will make available, on your written request and at your sole expense, the most current available listing of the copyrighted musical works in the performing rights society’s repertory; Requests for the most current available listing of Company’s repertory can be made at http://globalmusicrights.com. and (4) A toll-free number that you can use to obtain answers to specific questions concerning the performing rights society's repertoire. Company’s toll-free information hotline is 310-209- 6444. NOTICE TO COLORADO PROPRIETORS. Colorado law (C.R.S.A. § 6-13-101 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract requiring you to pay royalties to Company: (1) A description of the rules and terms of royalty payments required under the contract; The description of rules and terms of royalty payments is contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part of the contract. (2) A schedule of the rates and a description of the terms of royalty payments required under Agreements executed by the copyright owner or performing rights society; These items are contained in paragraphs 1, 3, 4, and/or 5 of the Agreement and the rate schedule attached thereto and made a part of the contract. (3) Information concerning how to obtain a current list of the copyright owners represented by that society; A current list of the copyright owners represented by Company and the works licensed under the contract above is available at http://globalmusicrights.com. and (4) Failure to provide you with this information will entitle you to bring an action against or to assert a counterclaim in an action brought by this performing rights society and, if you prevail, to recover three times your actual damages or one thousand dollars ($1,000.00), whichever is greater, plus your costs and reasonable attorney fees under C.R.S.A. § 6-13-104. NOTICE TO FLORIDA PROPRIETORS. Florida law (Fla. Stat. 501.93) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract, and the basis upon which those rates were calculated; Be advised that the rates and terms of Company’s performance rights license & the basis upon which those rates were calculated, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) Notice that Company will make available, upon your written request, and upon your payment of the costs incurred in responding to your request, the most current available listing of the copyrighted musical works in Company’s repertory; Any request for the most current list of the Company repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, the Company repertory may be accessed at http://globalmusicrights.com. (3) Notice that Company has established a toll-free telephone number and a means of computer access from which you may obtain answers to inquiries concerning specific musical works and the copyright owners represented by Company; Company’s toll-free information hotline is 310-209-6444. The most current list of Company’s works and affiliates may be accessed at http://globalmusicrights.com. (4) Notice that a copy of each form of contract or Agreement offered by Company to a proprietor in this state will be made available upon request of any proprietor; Any request for copies of Company contracts should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. (5) Notice that Company complies with federal law and with orders of courts having appropriate jurisdiction regarding rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor; (6) Notice that you are entitled to the information provided in this notice, and that the failure of Company to provide this information is unlawful; and (7) Notice that you should consider obtaining a separate license or other form of authorization from those performing rights societies or copyright owners whose copyrighted musical works are not licensed pursuant to Company’s performance rights contract. NOTICE TO IDAHO PROPRIETORS. Idaho law (Idaho Code § 48-1301 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing: (1) Information as to whether specific copyrighted musical works are in Company’s repertoire; Company’s toll-free information hotline is 310-209-6444. and (2) The opportunity to review the most current available list of Company’s members or affiliates. The most current list of Company’s affiliates may be accessed at http://globalrightsmusic.com. NOTICE TO ILLINOIS PROPRIETORS. Illinois law (815 Ill. Comp. Stat. Ann. 637/1 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract requiring you to pay royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance right license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com. and (3) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory. Requests for the most current list of the Company repertory can be made at http://globalmusicrights.com. NOTICE TO INDIANA PROPRIETORS. Indiana law (Ind. Code § 32-37-2 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) A toll-free telephone number from which you may obtain answers to inquiries concerning musical works and copyright owners represented by Company; Company’s toll-free information hotline is 310-209-6444. (3) Notice that Company is in compliance with state and federal law and with orders of courts having jurisdiction over rates and terms of royalties and the licensing for public performance of copyrighted non-dramatic musical works; and (4) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory. Any request for the most current list of the Company repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, Company’s repertory may be accessed at http://globalmusicrights.com. NOTICE TO IOWA PROPRIETORS. Iowa law (Iowa Code § 549.1 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract requiring you to pay royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com. (3) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory; Any request for the most current list of the Company repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, the Company repertory may be accessed at http://globalmusicrights.com. and (4) Notice that Company complies with federal law and with orders of courts having appropriate jurisdiction regarding rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor. NOTICE TO KANSAS PROPRIETORS. Kansas law (Kan. Stat. Ann. § 57-221 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under copyright law, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com. and (3) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory. Requests for the most current list of the copyrighted musical works in Company’s repertory can be made at http://globalmusicrights.com. NOTICE TO MARYLAND PROPRIETORS. Maryland law (Md. Code Ann., Com. Law § 11-1401 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; The rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) A schedule of the rates and terms of royalties under Agreements executed by the performing rights society and proprietors of comparable businesses in the area; Please contact Company at http://www.globalmusicrights.com or at 310-209-6444 to request this information. (3) Company has a toll-free telephone number from which you may obtain answers to inquiries concerning specific musical works and the copyright owners represented by Company; Company’s toll-free information hotline is 310-209-6444. (4) In the case of a performing rights society which offers discounts to proprietors in the area on any basis, the amounts and terms of those discounts; and (5) Notice that you are entitled to the information provided in this notice, and that failure of Company to provide this information may make the contract unenforceable. NOTICE TO MICHIGAN PROPRIETORS. Michigan law (Mich. Comp. Laws § 445.2101 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract including, but not limited to, any sliding scale, discounts, or reductions in fees on any basis for which you may be eligible and any schedule increases or decreases in fees during the term of the contract; Be advised that the rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) Notice that Company shall, upon your request and before entering into a contract with you, provide a schedule of the rates and terms of royalties under contracts executed by Company and proprietors of comparable businesses in the state within the past 12 months; Any request for such a schedule should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. (3) Notice that Company has established an electronic database of its repertoire, a toll-free telephone number that can be used to answer inquiries regarding specific musical works licensed by Company and that Company shall provide, upon request and at cost, a copy of its most current lists of copyrighted musical works and members; Company’s toll-free information hotline is 310-209-6444. Any request for a copy of the most current list of Company’s copyrighted musical works and members can be made at http://globalmusicrights.com. (4) Notice of the fact that there are exemptions that may exclude you from liability under the copyright laws; The United States Copyright Act is set forth at 17 U.S.C. § 101 et seq. Exemptions are set forth at 17 U.S.C. §§ 105-110. Please contact your attorney for advice as to the applicability of any exemptions to your premises. and (5) Notice that you are entitled to the foregoing information and that the failure to provide this information is a violation. NOTICE TO MINNESOTA PROPRIETORS. Minnesota law (Minn. Stat. § 325E.50 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com. and (3) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory. The Company repertory may be requested at http://globalmusicrights.com. NOTICE TO MISSOURI PROPRIETORS. Missouri law (Mo. Ann. Stat. § 436.150 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract, including any sliding scale, discounts, or reductions in fees on any basis for which you may be eligible, and any scheduled increases or decreases in fees during the term of the contract; Be advised that the rates and terms of Company’s royalties, including any sliding scale, discounts, or reductions in fees on any basis for which you may be eligible, and any scheduled increases or decreases in fees during the term of the contract, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity to review, upon your request, the most currently available list of the copyright owners' licenses by Company at your premises; and (3) Notification of the method that you must use to obtain a listing of the copyrighted works licensed by contract, including the DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 30 Section 6, Item C. GMR w Milton Georgia– 2020 – Local Government and Municipalities 8 location of such listing of works licensed by Company and Company’s toll-free information hotline number. Company’s repertory can be accessed at http://globalmusicrights.com. A listing may be requested at the same address. Company’s toll-free information hotline is 310-209-6444. NOTICE TO NEW JERSEY PROPRIETORS. New Jersey law (N.J. Stat. Ann. § 56:3A-1 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract, and upon your request amounts and terms of any discounts offered to proprietors in your county; Be advised that the rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) Notice that Company will make available, upon your written request, and upon your payment of the costs incurred in responding to your request, the most current available listing of the copyrighted musical works in Company’s repertory; Any request for the most current list of Company’s repertory should be made at http://globalmusicrights.com. (3) Notice that Company has established a toll-free telephone number and a means of computer access from which you may obtain answers to inquiries concerning specific musical works and the copyright owners represented by Company; Company’s toll-free information hotline is 310-209-6444. The most current list of Company’s works and affiliates may be accessed at http://globalmusicrights.com. and (4) Notice that you are entitled to the foregoing information and that the failure to provide this information is a violation of the Music Licensing Practices Act. NOTICE TO NEW YORK PROPRIETORS. New York law (N.Y. Arts & Cult. Aff. Law § 31.04) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates is available on-line and may be accessed at http://globalmusicrights.com. (3) Notice that Company will make available, upon your written request, or the request of a bona fide trade association representing you, and at your sole expense, or the sole expense of the association, by electronic means or otherwise, the most current available listing of the copyrighted musical works in Company’s repertory; Any request for the most current list of the Company repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, the Company repertory is available at http://globalmusicrights.com. (4) Notice that Company has a toll-free telephone number from which you may obtain answers to inquiries regarding specific musical works and the copyright owners represented by Company; Company’s toll-free information hotline is 310-209-6444. and (5) Notice that Company complies with federal law and with orders of courts having appropriate jurisdiction regarding rates and terms of royalties and the circumstances under which licenses for rights for public performance are offered to any proprietor. NOTICE TO NORTH DAKOTA PROPRIETORS. North Dakota law (N.D. Cent. Code § 47-21.2-01 et seq.) requires Global Music Rights, (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information prior to the execution of any contract for the payment of royalties to Company: (1) Notice that Company will provide information as to whether specific copyrighted musical works are in Company’s repertoire This information can be accessed by calling Company’s toll-free hotline at 310-209-6444. and (2) The opportunity to review the most current available list of Company’s affiliates. The most current available list of Company’s affiliates can be accessed at http://globalmusicrights.com. NOTICE TO OKLAHOMA PROPRIETORS. Oklahoma law (Okla. Stat. Ann. tit. 15, § 790) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Please be advised that Global Music Rights’ license Agreement contains such a schedule of the rates and terms of royalties in paragraphs 1, 3, 4, and/or 5 of the contract, along with the rate schedule that is attached to the license and made a part of the contract. and (2) Annual notice, in a form prescribed by the Attorney General, that the proprietor is entitled to this information. NOTICE TO OREGON PROPRIETORS. Oregon law (Or. Rev. Stat. Ann. § 647.700) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information prior to the execution of any contract for the payment of royalties to Company: (1) Notice that Company will provide information as to whether specific copyrighted musical works are in the repertoire of Company; Company’s toll-free information hotline is 310-209-6444. (2) The opportunity to review the most current available list of Company’s affiliates; The most current available list of Company’s affiliates can be accessed at http://globalmusicrights.com. and (3) A schedule of the rates and terms of royalties under the contract, including any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract. Be advised that the rates and terms of Company’s performance rights license, including any discounts available, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. NOTICE TO TEXAS PROPRIETORS. Texas law (Tex. Occ. Code Ann. § 2102 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com. (3) Notice that Company will make available, upon your written request and at your sole expense, the most current available listing of the copyrighted musical works in Company’s repertory; and (4) Notice that Company will identify the method for securing the list. Any request for the most current list of the Company repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, the Company repertory may be accessed at http://globalmusicrights.com. NOTICE TO UTAH PROPRIETORS. Utah law (Utah Code Ann. § 13-10a-1 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) Any sliding scale, discounts, or reductions in fees on any basis for which you may be eligible; and (2) Any scheduled increases or decreases in fees during the term of the contract. Be advised that the rates and terms of Company’s performance rights license, including any discounts available and any scheduled increases or decreases, are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. NOTICE TO VIRGINIA PROPRIETORS. Virginia law (Va. Code Ann. § 59.1-460 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) Notice that Company has filed for public inspection, within the previous twelve months, with the State Corporation Commission (i) a certified copy of each form of performing rights contract or license Agreement providing for the payment of royalties made available from Company to any Virginia proprietor; (ii) the most current available list of Company's members or affiliates; and (iii) the most current available listing of the copyrighted musical works in Company's repertory; (2) Company will make available, upon request, to any proprietor, by electronic means or otherwise, information as to whether specific copyrighted musical works are in its repertory; Information as to whether specific copyrighted musical works are in Company’s repertory can be accessed by calling Company’s toll-free information hotline at 310-209- 6444. (3) Company will make available, upon your written request, any of the information referred to in subdivision 1 of this section, at your sole expense, provided that such notice shall specify the means by which such information can be secured; Any request for the list of Company affiliates or for Company’s repertory should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. Alternatively, Company’s repertory may be accessed at http://globalmusicrights.com. and (4) Notice that Company complies with federal law and with orders of courts having appropriate jurisdiction regarding rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor. NOTICE TO WISCONSIN PROPRIETORS. Wisconsin law (Wis. Stat. Ann. § 100.206) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at the time of the offer or between the time of the offer and seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) Notice that Company must file annually for public inspection with the Wisconsin Department of Agriculture, Trade, and Consumer Protection a certified copy of each document that is used at the time of the filing by Company to enter into a contract with a proprietor who operates a retail establishment or restaurant in this state; and a list, that is the most current list available at the time of the filing, of the copyright owners who are represented by Company and of the musical works licensed by Company; (2) Company must make available by telephone or other electronic means, upon your request, information as to whether a specific musical work is licensed under a contract entered into by the performing rights society and a copyright owner; Company’s toll-free information hotline is 310-209-6444. Alternatively, Company’s repertory may be accessed at http://globalmusicrights.com. (3) Notice that Company will make available, upon your written request and your sole expense, any of the information required to filed under subdivision 1; Any such request should be addressed to: Global Music Rights, 1100 Glendon Ave. Suite 2000, Los Angeles, CA 90024. and (4) Notice that Company complies with any applicable federal law or court order that relates to the rates and terms of royalties to be paid by you or that relates to the circumstances or methods under which contracts subject to this section are offered to you. NOTICE TO WYOMING PROPRIETORS. Wyoming law (Wyo. Stat. Ann. § 40-13-301 et seq.) requires Global Music Rights (“Company”), a “performing rights society” as defined under the same statute, to provide you with the following information, in writing, at least seventy-two (72) hours prior to the execution of any contract for the payment of royalties to Company: (1) A schedule of the rates and terms of royalties under the contract; Be advised that the rates and terms of Company’s performance rights license are contained in paragraphs 1, 3, 4, and/or 5 of the contract and the rate schedule attached thereto and made a part thereof. (2) The opportunity, at your request, to review the most current available list of the affiliates represented by Company; The most current list of Company’s affiliates may be accessed at http://globalmusicrights.com (3) Notice that Company will make available, upon your written request, or the request of a bona fide trade association representing you, and at your sole expense or the sole expense of the association, by electronic means or otherwise, the most current available listing of the copyrighted musical works in Company’s repertory; The most current list of the Company repertory may be accessed at http://globalmusicrights.com. (4) Notice that Company has a toll-free telephone number which you can use to obtain answers to inquiries concerning specific musical works and the copyright owners represented by; Company’s toll-free information hotline is 310-209-6444. and (5) Notice that Global Music Rights complies with federal law and with orders of courts having appropriate jurisdiction regarding rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor. DocuSign Envelope ID: 728694F5-C0D7-4CBB-A959-9507A7824853 31 Section 6, Item C. Effective as of June 1, 2021 City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 Reference is hereby made to the Agreement effective as of June 1, 2021 between Global Music Rights, LLC (“Company”) and the City of Milton, Georgia (“Licensee”) (the “Agreement”). Company and Licensee hereby acknowledge and agree that this addendum (the “Addendum”) effective as of the date above is attached to and forms part of the Agreement, but solely to the extent of the provisions below which are expressly prescribed by Georgia state law. Licensee acknowledges and agrees that the Agreement sets forth the terms and conditions of Company’s grant of a license to Licensee and that Company is not providing Licensee any goods, equipment, labor, materials or services pursuant to such Agreement or in connection therewith. Any capitalized terms used herein shall have the same meanings and definitions as set forth in the Agreement unless otherwise defined herein. Nothing contained in this Agreement shall be construed to be a waiver of Licensee’s sovereign immunity or any individual’s qualified, good faith or official immunities. Further, there shall be no requirement on the part of Licensee to procure any additional insurance related to any obligations of Licensee under this Agreement. GLOBAL MUSIC RIGHTS, LLC LICENSEE BY: _____________________________ BY: _____________________________ An Authorized Representative An Authorized Representative Name: ___________________________ Name: ____________________________ DocuSign Envelope ID: 718649C8-5354-4BA5-AE1F-88C5D1C8B917 Emio Zizza 32 Section 6, Item C. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and AAA Tree Experts Group, LLC for the Removal of Hazardous Trees at Providence Park. MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X October 4, 2021 X 33 Section 6, Item D. To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks & Recreation Manager Date: Submitted on September 20th, 2021 for the October 4th, 2021 City Council Meeting Agenda Item: Approval of a Construction Service Agreement Between the City of Milton and AAA Tree Experts Group, LLC for the Removal of Hazardous Trees in Providence Park. _____________________________________________________________________________________ Project Description: This is a Construction Service Agreement to remove ten hazardous trees along the Blue Trail at Providence Park. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-6110-522240005 Requisition Total: $3,250.00 Financial Review: Bernadette Harvill, September 28, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – September 9, 2021 Attachment(s): Construction Service Agreement 34 Section 6, Item D. 35 Section 6, Item D. 36 Section 6, Item D. 37 Section 6, Item D. 38 Section 6, Item D. 39 Section 6, Item D. 40 Section 6, Item D. 41 Section 6, Item D. 42 Section 6, Item D. 43 Section 6, Item D. 44 Section 6, Item D. 45 Section 6, Item D. 46 Section 6, Item D. 47 Section 6, Item D. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement with Peek Pavement Marking, LLC. for Thermoplastic Striping and Raised Pavement Marking Project MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X October 4, 2021 48 Section 6, Item E. To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Public Works Director Date: Submitted on September 28, 2021 for the October 4, 2021 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement with Peek Pavement Marking, LLC. for Thermoplastic Striping and Raised Pavement Marking Project _____________________________________________________________________________________ Project Description: The contractor will be providing installation of thermoplastic striping and raised pavement markings on various roadways throughout the city. The project includes proposed striping and raised pavement markers on portions of Freemanville Road, Bethany Road, and Thompson Road. New Providence Road, Batesville Road and Cogburn Road were recently restriped, so this project includes adding raised pavement markers on sections of these roadways. The agreement includes all materials, labor, and equipment to complete the work. Staff is recommending approval of this construction services agreement. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-4101-523850006 (This account will fund the local match portion of the project and up to 70% will be funded by GDOT LMIG SAP grant) Requisition Total: $67,055.00 Financial Review: Bernadette Harvill, September 28, 2021 Legal Review: Dennis Bost, Jarrard & Davis, LLP – September 7, 2021 Attachment(s): Construction Services Agreement 49 Section 6, Item E. 1 Construction Services Agreement | Version 1.0 CONSTRUCTION SERVICES AGREEMENT ITB 21-PW22 Thermoplastic Striping & RPM Project This Construction Services Agreement (the “Agreement”) is made and entered into this ___ day of ____, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the “City”), and PEEK PAVEMENT MARKING, LLC, a Georgia limited liability company, having its principal place of business at 233 12th Street, Suite 500, Columbus, Georgia 31908 (hereinafter referred to as the “Contractor”), and the City and Contractor may be collectively referred to herein as the "Parties.” W I T N E S S E T H: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City solicited bids for construction of the Project pursuant to the Request for Bids, dated August 5, 2021, attached hereto as “Exhibit A” and incorporated herein by reference; and WHEREAS, the Contractor submitted a complete and timely bid, attached hereto as “Exhibit B” and incorporated herein by reference, and met all bid requirements such that the City awarded Project Number ITB 21-PW22, Thermoplastic Striping & RPM Project to the Contractor; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid, the City has selected Contractor as the successful bidder, and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract 50 Section 6, Item E. 2 Construction Services Agreement | Version 1.0 Documents, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the “Contract Documents”: A. Request for Bids, attached hereto as “Exhibit A”; B. Bid Documents from Contractor, dated August 30, 2021, attached hereto as “Exhibit B”; C. Scope of Work, attached hereto as “Exhibit C”; D. Any required Performance Bond, Payment Bond and Maintenance Bond, attached hereto collectively as “Exhibits D.1, D.2, and D.3”; E. Noncollusion Affidavit of Prime Bidder, attached hereto as “Exhibit E”; F. Final Affidavit, attached hereto as “Exhibit F”; G. Alien Employment affidavits, attached hereto as “Exhibits G.1 and G.2”; H. Plans, drawings and specifications, attached hereto collectively as “Exhibit H”; I. Additional Payment/Retainage Requirements, attached hereto as “Exhibit I”; J. “Exhibit J” - reserved; K. “Exhibit K” - reserved; L. General Conditions (if issued), attached hereto as “Exhibit L”; M. Supplementary Conditions (if issued), attached hereto as “Exhibit M”; N. “Exhibit N” - reserved; 51 Section 6, Item E. 3 Construction Services Agreement | Version 1.0 O. City of Milton Code of Ethics (codified in the official Code of the City of Milton); P. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description; Architect; Engineer; Contract Administrator A. Project. A general description of the Project is as follows: installation of Thermoplastic Striping and Raised Pavement Markers at various locations/streets in the city limits of Milton. Specific locations and a more detailed scope of work is further described in Exhibit “A” (the “Project”). A third-party Architect or Engineer (as identified below) has not been retained related to this Project. B. Architect/Engineer (if any). (i) Architect [if applicable]. The Project has been designed by ______N/A_______________ (hereinafter referred to as the “Architect”). The Architect will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. (ii) Engineer [if applicable]. The Project has been designed by ______N/A________________ (hereinafter referred to as the “Engineer”). The Engineer will have authority to act on behalf of the City only to the extent provided in the Contract Documents, unless otherwise modified in accordance with the provisions of this Agreement. C. Contract Administrator. The Contract Administrator for this Agreement shall be: Matthew Fallstrom, Capital Projects Manager. Section 3. The Work A. The Work. The work to be completed under this Agreement includes, but shall not be limited to, the work described in the Scope of Work provided in “Exhibit C”, attached hereto and incorporated herein by reference. The work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents (collectively referred to herein as the “Work”). The term “reasonably inferable” takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the 52 Section 6, Item E. 4 Construction Services Agreement | Version 1.0 Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Notice to Proceed. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work (“Commencement Date”) and the Expected Date of Final Completion (defined in Section 4(A) below). Unless otherwise approved, the Contractor shall perform its obligations under this Agreement as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Work. C. Plans; Drawings and Specifications. The plans, drawings and specifications provided in “Exhibit H”, attached hereto, are hereby acknowledged by the Parties and incorporated herein by reference. D. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. (i) “Shop Drawings” are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) “Product Data” are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) “Samples” are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved 53 Section 6, Item E. 5 Construction Services Agreement | Version 1.0 by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Contract Administrator’s approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator’s approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator’s attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator’s attention to such additional revisions, the Contract Administrator’s approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damages; Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement shall commence on the Effective Date and continue until the earlier of (i) the Expected Date of Final Completion (as defined in this paragraph below) or (ii) the proper termination and non-renewal of this Agreement (“Term”) (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Commencement Date provided by the City, and the Parties intend that all Work shall be completed by December 1, 2021 (the 54 Section 6, Item E. 6 Construction Services Agreement | Version 1.0 “Expected Date of Final Completion”). Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non- renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence; Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City __________N/A___________for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City’s approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or 55 Section 6, Item E. 7 Construction Services Agreement | Version 1.0 use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor’s Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed SIXTY-SEVEN THOUSAND FIFTY-FIVE and 00/100 DOLLARS $67,055.00 (the “Maximum Contract Price”), except as outlined in Section 6 below. The compensation for Work performed shall be based upon the unit prices detailed in Exhibit “B”, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as “Exhibit I”, attached hereto and incorporated herein by reference. C. Material Deviations. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor’s request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. 56 Section 6, Item E. 8 Construction Services Agreement | Version 1.0 Section 6. Change Orders A. Change Order Defined. A “Change Order” means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Changes. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Milton City Council. Notwithstanding anything to the contrary or in conflict herein, no Change Order variance in price shall exceed ten percent (10%) of the Maximum Contract Price. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Term and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Term, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code; Conflict of Interest. 57 Section 6, Item E. 9 Construction Services Agreement | Version 1.0 (i) Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of his knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub-consultant under a contract to the prime Contractor or higher tier sub- consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days’ notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in 58 Section 6, Item E. 10 Construction Services Agreement | Version 1.0 pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City’s requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator’s services or expenses, will be provided at Contractor’s expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor’s responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor’s duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully 59 Section 6, Item E. 11 Construction Services Agreement | Version 1.0 study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor’s Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City’s or separate contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator 60 Section 6, Item E. 12 Construction Services Agreement | Version 1.0 for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor’s subcontractors or sub-subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an 61 Section 6, Item E. 13 Construction Services Agreement | Version 1.0 appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. I. City’s Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, or specifications by any person, body, or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. J. Contractor’s Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator’s request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor’s expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has 62 Section 6, Item E. 63 Section 6, Item E. 15 Construction Services Agreement | Version 1.0 exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney’s fees and costs of defense (“Liabilities”), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, defend, and hold 64 Section 6, Item E. 16 Construction Services Agreement | Version 1.0 harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. 2. Insurance. (2) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (2) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad-from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable). (b) Commercial Automobile Liability (owned, non-owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non-owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. I Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor’s errors, omissions, or negligent acts (required if any professional services will be provided). 65 Section 6, Item E. 17 Construction Services Agreement | Version 1.0 (d) Workers’ Compensation and Employers’ Liability: Workers’ Compensation policy with limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ Compensation Act, Contractor must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder’s Risk Insurance: Contractor shall provide a Builder’s Risk Insurance Policy to be made payable to the City and Contractor, as their interests may appear. The policy amount shall be equal to 100% of the Maximum Contract Price, written on a Builder’s Risk “All Risk,” or its equivalent. The policy shall provide, or be endorsed to provide, as follows: “The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy: i) Equipment may be delivered to the insured premises and installed in place ready for use; and ii) Partial or complete occupancy by City; and iii) Performance of Work in connection with construction operations insured by the City, by its agents or lessees, or other contractors of the City or using agency.” The insurance coverage shall include extended coverage, and providing coverage for transit, with sub- limits sufficient to insure the full replacement value of the property or equipment removed from its site and while located away from its site until the date of final acceptance of the Work. (f) Commercial Umbrella Liability Coverage: $__N/A___ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (2) (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectivelya) General Liability, Automobile Liability and 66 Section 6, Item E. 18 Construction Services Agreement | Version 1.0 Umbrella Liability Coveragei) Additional Insured Requirement. The City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligencei) Primary Insurance Requirement. The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor’s insurance and shall not contribute with iti) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Partiesv) Separate Coverage. Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers’ Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (2) (c) All Coveragesi) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, 67 Section 6, Item E. 19 Construction Services Agreement | Version 1.0 voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non- payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. i) Starting and Ending Dates. Policies shall have concurrent starting and ending dates) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(O) of this Agreement5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder’s rating of no less than “A-” and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage7) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. 68 Section 6, Item E. 20 Construction Services Agreement | Version 1.0 (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. 2. (9) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5,000.00) or more, or in any other instance where the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide Performance, Payment, and Maintenance bonds on the forms attached hereto as “Exhibits D.1, D.2, and D.3” and with a surety licensed to do business in Georgia and listed on the Treasury Department’s most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be madeR. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. S. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as “Exhibits G.1 and G.2” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or 69 Section 6, Item E. 21 Construction Services Agreement | Version 1.0 (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in “Exhibit G.1”, and submitted such affidavit to City or provided the City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as “Exhibit G.2”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is 70 Section 6, Item E. 71 Section 6, Item E. 23 Construction Services Agreement | Version 1.0 (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City’s representative(s) for examination all Records. The Contractor will permit the City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of the City, shall make the Records available for inspection at the City’s office. Further, Contractor shall permit the City or City’s representative(s) to observe and inspect any or all of Contractor’s facilities and activities during normal hours of business for the purpose of evaluating Contractor’s compliance with the terms of this Agreement. In such instances, the City or City’s representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Contractor further acknowledges that, if Contractor submits records containing trade secret information and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such permits, licenses, etc. to the City within ten (10) days after issuance. 72 Section 6, Item E. 24 Construction Services Agreement | Version 1.0 W. Key Personnel. All of the individuals identified in “Exhibit J”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the Project team, as listed in “Exhibit J”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief, political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications 73 Section 6, Item E. 25 Construction Services Agreement | Version 1.0 or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor’s equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City’s Representative. Matthew Fallstrom, Capital Projects Manager shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. Final Project Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors’ and manufacturers’ warranties. At such time, Contractor shall also deliver to the City copies of all as- built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. This warranty excludes remedy for damage or defect caused by abuse by the City or modifications to the Work not 74 Section 6, Item E. 26 Construction Services Agreement | Version 1.0 executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within 1 year(s) (the “Warranty Period”) from the date of Final Completion (as defined in “Exhibit I”, attached hereto and incorporated herein by reference) at no additional cost to the City. Further, Contractor shall provide all maintenance services, including parts and labor, for 2 year(s) (the “Maintenance Period”) from the date of Final Completion at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the respective Warranty Period/Maintenance Period to identify any issues that must be resolved by the Contractor. After the expiration of the Maintenance Period, City shall be responsible for repairing issues resulting from normal wear and tear and shall be responsible for general maintenance of the equipment; however, expiration of any Warranty Period or Maintenance Period shall not affect the Contractor’s continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, are hereby preserved and shall apply in full force and effect beyond any Warranty Period or Maintenance Period. City may purchase additional maintenance services from the Contractor upon a written proposal for such services being executed by authorized representatives of both Parties, and upon execution, such proposal for additional services shall be incorporated herein by this reference. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The City shall give Contractor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of the City. 75 Section 6, Item E. 27 Construction Services Agreement | Version 1.0 D. Payment. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City’s Rights; Contractor Default A. City Rights Related to the Work. 76 Section 6, Item E. 28 Construction Services Agreement | Version 1.0 (i) City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City’s expenses and compensation for the Architect/Engineer’s and/or Contract Administrator’s additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor’s obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un-discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor’s default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the 77 Section 6, Item E. 29 Construction Services Agreement | Version 1.0 Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration If a Contract Administrator other than the City has been hired in relation to the Project, the Contract Administrator’s administration of the construction of the Project shall be as described in “Exhibit K”, attached hereto. The Contractor agrees to the construction administration provisions contained in “Exhibit K.” Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia – Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions; Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. 78 Section 6, Item E. 79 Section 6, Item E. 31 Construction Services Agreement | Version 1.0 I. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of services under this Agreement shall not subject Contractor’s individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. L. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. M. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. 80 Section 6, Item E. 32 Construction Services Agreement | Version 1.0 O. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. P. Material Condition. Each term of this Agreement is material, and Contractor’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to the City at law or in equity. Q. Use of Singular and Plural. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES BEGIN ON THE FOLLOWING PAGE] 81 Section 6, Item E. 82 Section 6, Item E. “EXHIBIT A” 83 Section 6, Item E. ITB 21-PW22 1 | Page CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 21-PW22 Project Name: Thermoplastic Striping & RPM Project Due Date and Time: August 30, 2021 Local Time: 2:00 p.m. Number of Pages: 103 ISSUING DEPARTMENT INFORMATION Issue Date: August 5, 2021 City of Milton Public Works Department 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Bid Submittal: Bid Number: 21-PW22 Name of Company or Firm Special Instructions: Deadline for Written Questions August 17, 2021 at 5:00 p.m. Submit questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 84 Section 6, Item E. ITB 21-PW22 2 | Page Table of Contents Topic Page Definitions 3 Invitation to Bid 4 Schedule of Events 6 Bidding Instructions (What must be submitted) 7 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 13 Bid Bond (3 pages) 15 Qualifications Signature and Certification 18 Corporate Certificate 18 List of Subcontractors 19 Contractor Affidavit and Agreement (eVerify) 20 Disclosure Form 21 Project Specifications 22 Bid Submittal Form (3 pages) 28 General Conditions 31 EPD Air Quality Rules 37 Sample Contract Agreement 38 85 Section 6, Item E. ITB 21-PW22 3 | Page DEFINITIONS COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT: Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials 86 Section 6, Item E. ITB 21-PW22 4 | Page Invitation to Bid 21-PW22 The City of Milton is accepting sealed bids from qualified firms for the Public Works Maintenance & Operations Services for the Public Works Department in conformance with Title 32, Chapter 4, Article 4, Part 2 of the Official Code of Georgia Annotated. All work will be done in accordance with Georgia Department of Transportation’s (GDOT) Standard Drawings, Standard Specifications (current edition), and Pay Items Index as standards and specifications for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Electronic bids will be received no later than 2:00 PM Local Time on August 30, 2021. Electronic bids shall be submitted online via BidNet Direct, the City’s procurement portal, at www.cityofmiltonga.us . At approximately 2:30 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding bidders will be emailed a meeting link should the need to hold this type meeting arise. Any other interested members of the public may attend. Bids received after the above time will not be accepted. Questions must be also be submitted online in the same manner listed above for bids. Deadline for questions is August 17, 2021 at 5:00 p.m. Official answers to questions and potential change (Addendums) to the ITB (Addendums) will be posted at the same web locations as the ITB on or about August 23, 2021. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. Please refer to Bid (21-PW22) and bid name (Thermoplastic Striping & RPM Project) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. 87 Section 6, Item E. ITB 21-PW22 5 | Page The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is to be determined prior to the issuance of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. Section 108.08 of the State of Georgia Department of Transportation Standard Specifications Construction of Transportation Systems (current edition) shall be applied. 88 Section 6, Item E. ITB 21-PW22 6 | Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date August 5, 2021 Deadline for Receipt of Written Questions 5 PM on August 17, 2021 Posting of Written Answers by City to Websites on or about August 23, 2021 ITB DUE No Later than 2:00 PM on August 30, 2021 Tentative Contract Award (on/about) September 20, 2021 Notice to Proceed (on/about) To be coordinated with the Contractor NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 89 Section 6, Item E. ITB 21-PW22 7 | Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Bid Form and Addenda Acknowledgement (2 pages) 13-14 3 Bid Bond (3 pages) 15-17 4 Qualifications Signature and Certification 18 5 List of Subcontractors 19 6 Contractor Affidavit and Agreement (eVerify) 20 7 Disclosure Form 21 8 Bid Submittal Form (3 pages) 28-30 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a unit price “purchasing contract” with one firm to be the primary supplier of the Thermoplastic Striping & RPM Project, ITB 21-PW22. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer’s number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. The City reserves the right to cancel the contract at any time with 30 days written notice. 90 Section 6, Item E. ITB 21-PW22 8 | Page Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, responsible and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. 91 Section 6, Item E. ITB 21-PW22 9 | Page (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's 92 Section 6, Item E. ITB 21-PW22 10 | Page liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all 93 Section 6, Item E. ITB 21-PW22 11 | Page of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the base bid price. The Successful Bidder shall also be required to furnish a MAINTENANCE BOND, in the amount of one-third (1/3) of the contract price, guaranteeing the repair or replacement caused by defective workmanship or materials for a period of two (2) years from the completion of construction. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. 94 Section 6, Item E. ITB 21-PW22 12 | Page OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. 95 Section 6, Item E. ITB 21-PW22 13 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 21-PW22 Thermoplastic Striping & RPM Project The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces within ten (10) calendar days from the Notice to Proceed, and to complete all Work as scheduled in Task Order(s) issued. 96 Section 6, Item E. ITB 21-PW22 14 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT If weather affects the required completion schedule, the City and selected Bidder will negotiate a new completion date. Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ________________________________________ Print Name: ______________________________________ Title: _____________________________________________ 97 Section 6, Item E. ITB 21-PW22 15 | Page [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 2006 Heritage Walk Milton, Georgia 30004 BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: 98 Section 6, Item E. ITB 21-PW22 16 | Page Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon 99 Section 6, Item E. ITB 21-PW22 17 | Page receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 100 Section 6, Item E. ITB 21-PW22 18 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name______________________________________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) 101 Section 6, Item E. ITB 21-PW22 19 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ 102 Section 6, Item E. ITB 21-PW22 20 | Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Thermoplastic Striping & RPM Project Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______________, ____, 20___ in ______________________(city), ______(state). Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent _______________________________ SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,20___. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 103 Section 6, Item E. ITB 21-PW22 21 | Page DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ ___________________ ____________________________________________________ 104 Section 6, Item E. ITB 21-PW22 22 | Page SCOPE OF WORK/PROJECT DESCRIPTION: The City of Milton Public Works Department (City) requests for interested parties to submit bids to install Thermoplastic Striping and Raised Pavement Markers (RPM) at the locations called out below. All Bidders must comply with all general and special requirements of this document and instructions enclosed herein. • New Providence Road Start at the asphalt seam by the fire station at Arnold Mill (SR140) and end at the asphalt seam approaching the roundabout at Birmingham Hwy. (SR 372). The Contractor will be placing yellow raised pavement markers at 40’ intervals according to GDOT specification. Quantities will be shown in the bid schedule. • Batesville Road Start at the Milton City Limits and end at the asphalt seam at Birmingham Hwy. (SR 372). The Contractor will be placing yellow raised pavement markers at 40’ intervals according to GDOT specification. Quantities will be shown in the bid schedule. • Cogburn Road Start at the asphalt seam south of Bethany Bend and end at the asphalt seam at Windward Parkway. The Contractor will be placing yellow raised pavement markers at 40’ intervals according to GDOT specification. Quantities will be shown in the bid schedule. • Thompson Road Starting at Redd Road and going to the asphalt seam at the new roundabout at Hopewell Road. The Contractor will be placing updated thermoplastic striping to improve the existing striping. The work will consist of 5” white edge line, 5” double yellow, 24” white stop, and installation of raised pavement markings (RPM) at 40’ intervals. The Contractor will be placing yellow raised pavement markers according to GDOT specification. Quantities will be shown in the bid schedule. • Bethany Road Starting at Providence Road and going to the asphalt seam at Mayfield Road. The Contractor will be placing updated thermoplastic striping to improve the existing striping. The work will consist of 5” white edge line, 5” double yellow, 24” 105 Section 6, Item E. ITB 21-PW22 23 | Page white stop, and installation of raised pavement markings (RPM) at 40’ intervals. The Contractor will be placing yellow raised pavement markers according to GDOT specification. Quantities will be shown in the bid schedule. • Freemanville Road Starting at the asphalt seam north of the Providence Road roundabout and ending on the northside of the Chicken Creek bridge. The Contractor will be placing updated thermoplastic striping to improve the existing striping. The work will consist of 5” white edge line, 5” double yellow, installation of raised pavement markings (RPM) at 40’ intervals. The Contractor will be placing yellow raised pavement markers according to GDOT specification. Quantities will be shown in the bid schedule. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). SPECIAL PROVISIONS All work associated with this contract shall meet the Georgia DOT standard specifications for construction materials, methods and procedures not specifically listed in this solicitation. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. PROSECUTION AND PROGRESS The City desires to have all work completed by November 1, 2021. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or 106 Section 6, Item E. ITB 21-PW22 24 | Page workweeks upon written request by the Contractor on a case-by-case basis. No work will be allowed on City recognized holidays. The work will require bidder to provide all labor, administrative forces, equipment, materials, and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the Contractor at his expense prior to issuance of Final Acceptance. Except to the extent limited by law, 10% retainage will be held from the total amount due the Contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, labor, and equipment necessary to perform the work without delay unto completion. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. UTILITIES Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that 107 Section 6, Item E. ITB 21-PW22 25 | Page existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. DEVIATION OF QUANTITIES The quantities given are estimates only and will vary from those indicated. Payment will be made based on actual quantities of work completed and accepted. The City reserves the right to add or delete quantities at any time. Contractor will notify the City in writing if additional items are identified, or quantities of contract items will exceed plan. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City. TEMPORARY TRAFFIC CONTROL The Contractor shall, at all times, conduct his work as to assure the least possible obstruction of traffic. The safety and convenience of the general public and the residents along the roadway and the protection of persons and property shall be provided for by the Contractor as specified in the State of Georgia, Department of Transportation Standard Specifications Sections 104.05, 107.09 and 150. Traffic whose origin and destination is within the limits of the project shall be provided ingress and egress at all times unless otherwise specified by the City. The ingress and egress includes entrances and exits VIA driveways at various properties, and access to the intersecting roads and streets. The Contractor shall maintain sufficient personnel and equipment (including flaggers and traffic control signing) on the project at all times, particularly during inclement weather, to ensure that ingress and egress are safely provided when and where needed. Two-way traffic shall be maintained at all times unless otherwise specified or approved by the City. In the event of an emergency situation, the Contractor shall provide access to emergency vehicles and/or emergency personnel through or around the construction area. Any pavement damaged by such an occurrence will be repaired by the Contractor at no additional cost to the City. The Contractor shall furnish, install and maintain all necessary and required barricades, signs and other traffic control devices in accordance with the latest MUTCD and GDOT specifications, and take all necessary precautions for the protection of the workers and safety of the public. 108 Section 6, Item E. ITB 21-PW22 26 | Page All existing signs, markers and other traffic control devices removed or damaged during construction operations will be reinstalled or replaced at the Contractor’s expense. At no time will Contractor remove regulatory signing which may cause a hazard to the public. The Contractor shall, within 24 hours place temporary pavement markings (paint or removable tape) matching existing pavement markings on milled or patched pavements. The Contractor shall provide four (4) variable message boards to be placed at the direction of the City. All personnel and equipment required for maintaining temporary traffic control, public convenience and safety will not be paid for separately and shall be incidental to other pay items. THERMOPLASTIC PAVEMENT MARKINGS AND RAISED PAVEMENT MARKINGS This work shall consist of placement of Thermoplastic Pavement Markings. These final pavement markings shall match the original pavement markings including center lines, lane lines, turn arrows, crosswalks, stop bars, etc. unless specifically directed otherwise by the City. Pavement marking materials shall meet GDOT standard specifications and be on the qualified products list. SAFETY REQUIREMENTS The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she shall be responsible for any damage to the Owner's property or that of others on the job, by himself/herself, his/her personnel or his/her subcontractors, and shall make good such damages. He/she shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing and shall barricade excavations and similar hazards. He/she shall protect against damage or injury resulting from falling materials and he/she shall maintain all protective devices and signs throughout the progress of the work. CODES, PERMITS AND INSPECTIONS The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If 109 Section 6, Item E. ITB 21-PW22 27 | Page the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. The Contractor is responsible for obtaining all required inspections. CLEANUP All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. SAFETY Beginning with mobilization and ending with acceptance of work, the Contractor shall be responsible for providing a clean and safe work environment at the project site. The Contractor shall comply with all OSHA regulations as they pertain to this project. 110 Section 6, Item E. ITB 21-PW22 28 | Page Bid Submittal Form ~ Page 1 of 3 MUST BE RETURNED WITH BID Thermoplastic Striping & RPM Project (ITB 21-PW22) The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY___________________________________________________________________ ADDRESS_____________________________________________________________________ AUTHORIZED SIGNATURE______________________________________________________ PRINT / TYPE NAME ___________________________________________________________ TITLE _________________________________________________________________________ 111 Section 6, Item E. ITB 21-PW22 29 | Page Bid Submittal Form ~ Page 2 of 3 MUST BE RETURNED WITH BID Thermoplastic Striping & RPM Project (ITB 21-PW22) BID SCHEDULE Item Number Description Unit Quantity Unit Price Total Price 653-2501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LM 2.7 653-2502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LM 2.7 654-1001 RAISED PVMT MARKERS TYPE 1 EA 715 TOTAL Item Number Description Unit Quantity Unit Price Total Price 653-2501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LM 3 653-2502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LM 3 653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE LF 15 654-1001 RAISED PVMT MARKERS TYPE 1 EA 800 TOTAL Item Number Description Unit Quantity Unit Price Total Price 653-2501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LM 4.6 653-2502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LM 4.6 653-1704 THERMOPLASTIC SOLID TRAF STRIPE, 24 IN, WHITE LF 15 654-1001 RAISED PVMT MARKERS TYPE 1 EA 610 TOTAL Unit Price Total Price Item Number Description Unit Quantity 654-1001 RAISED PVMT MARKERS TYPE 1 EA 950 TOTAL Unit Price Total Price Item Number Description Unit Quantity 654-1001 RAISED PVMT MARKERS TYPE 1 EA 350 TOTAL Unit Price Total Price Item Number Description Unit Quantity 654-1001 RAISED PVMT MARKERS TYPE 1 EA 370 TOTAL Freemanville Road New Providence Road Batesville Road Cogburn Road Bethany Road Thompson Road 112 Section 6, Item E. ITB 21-PW22 30 | Page Bid Submittal Form ~ Page 3 of 3 MUST BE RETURNED WITH BID Thermoplastic Striping & RPM Project (ITB 21-PW22) Total Bid Price $_____________________________ Print Total Bid Price __________________________________________ Fill out "Unit Price" column, "Total Amount" column, and "Total Bid Price" Actual price to the City will be based on actual quantity multiplied by the bid “Unit Price”. • Number of days to fully complete project (exclude weather related days) _______________________ 113 Section 6, Item E. ITB 21-PW22 31 | Page GENERAL CONDITIONS Unless otherwise directed, all work performed under this contract shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition), and Special Provisions modifying them, except as noted below. SECTION 101 DEFINITION AND TERMS Section 101.10 Delete as written and substitute the BOARD following: CITY COUNCIL OF CITY OF MILTON, GEORGIA Section 101.14 Delete as written and substitute the COMMISSIONER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON Section 101.16 Delete the second paragraph and substitute CONTRACT the following: The Contract Documents shall be composed of the Advertisement for Bid; Notice to Contractors; Form of Bid Proposal; General Conditions; Special Provisions; Detail Specifications, as identified in Section 105.03; Form of Contract; Form of Bond(s); Addenda; the drawings, including all changes incorporated herein before their execution; and also any Change Orders and Supplemental Agreements that are required to complete the construction of The Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. No oral agreement or orders are to be considered as valid or as a part of the Contract. Section 101.22 Delete as written and substitute the DEPARTMENT following: PUBLIC WORKS DEPARTMENT CITY OF MILTON 114 Section 6, Item E. ITB 21-PW22 32 | Page Section 101.24 Delete as written and substitute the ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.47 Delete as written and substitute STATE HIGHWAY ENGINEER following: DIRECTOR OF PUBLIC WORKS, CITY OF MILTON, ACTING DIRECTLY OR THROUGH A DULY AUTHORIZED REPRESENTATIVE OF THE DIRECTOR Section 101.74 Retain as written and substitute the SUPPLEMENTAL AGREEMENT following: Any Supplemental Agreement that has a dollar value amount that is less than $25,000.00 shall not require the assent of the Surety." Section 101.84 Add: DIRECTOR OF PUBLIC WORKS CITY OF MILTON SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS Section 102.05 EXAMINATION OF PLANS, Add the following paragraph: SPECIFICATIONS, SPECIAL PROVISIONS, “The City will not be responsible for AND SITE OF THE WORK Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations.” Section 102.07 REJECTION OF Add the following subparagraphs PROPOSALS “I. The City reserves the right to reject any and all bids, to waive technicalities, and to make an award as deemed in its best interest. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. 115 Section 6, Item E. ITB 21-PW22 33 | Page “J. The City also reserves the right to reject any and all bids from any person, firm, or corporation who is in arrears in any debt or obligation to The City of Milton, Georgia.” Section 102.08 PROPOSAL Substitute the following for the first GUARANTY sentence “No bid will be considered unless it is accompanied by an acceptable bid bond an amount not less than five percent (5%) of the amount bid and made payable to City of Milton, Georgia. Such Bid Bond shall be on the forms provided by the City.” Add Section 102.15 ADDENDA AND INTERPRETATION Delete in its entirety and substitute the following: Bids shall be submitted on the Bid Form provided by the City. The bid package as described in Notice to Contractors, Page 1 must be submitted with the bid. Failure to do so could result in the omission of pertinent documents and the rejection of the apparent low bid.” Section 102.09 DELIVERY OF PROPOSALS: Add the following as 102.15: “No interpretation of the meaning of the Contract Documents will be made orally to any Bidder. Any request for such interpretation should be in writing addressed to the Purchasing Department, The City of Milton 2006 Heritage Walk Milton, Ga. 30004. TEL. 678/242-2500, FAX 678/242- 2499.Each such interpretation shall be given in writing, separately numbered and dated, and furnished to each interested Bidder. Any request not received in time to accomplish such interpretation and distribution will not be accepted. 116 Section 6, Item E. ITB 21-PW22 34 | Page SECTION 103 - AWARD OF AWARD AND EXECUTION OF CONTRACT Section 103.02 AWARD OF CONTRACT Delete in its entirety and substitute the following: “The contract, if awarded, shall be awarded to the lowest responsible bidder. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties.” Section 103.05 REQUIREMENTS OF Delete in its entirety and substitute the CONTRACT BONDS following: “At the time of the execution of the contract, and as a part thereof, the successful bidder shall furnish Contract Bond Below: Performance Bond in the full amount of the contract. Payment Bond in the full amount of the contract. Maintenance bond in the amount of one-third (1/3) of the contract. “ Section 103.07 FAILURE TO Delete in its entirety and substitute the EXECUTE CONTRACT following: “Failure to execute the Contract Performance, Payment or Maintenance Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. The Contract and Contract bonds shall be executed in quadruplicate.” 117 Section 6, Item E. ITB 21-PW22 35 | Page SECTION 107 - LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107.18 ACQUISITION OF Add the following paragraph: RIGHT OF WAY “The Contractor shall inspect all easements and rights-of-way to ensure that the City has obtained all land and rights-of-way necessary for completion of the Work to be performed pursuant to the Contract Documents. The Contractor shall comply with all stipulations contained in easements acquired by the Department.” Section 107.21 CONTRACTORS Add the following sentence to Paragraph A: RESPONSIBILITY FOR UTILITY “The Contractor is responsible for the PROPERTY AND SERVICE location of above and below ground Utilities and structures which may be affected by the Work.” SECTION 109 MEASUREMENT AND PAYMENT Section 109.07 PARTIAL PAYMENTS Delete the first sentence of the Second Paragraph under ‘A. General” As long as the gross value of completed work is less than 50% of the total Contract amount, or if the Contractor is not maintaining his construction schedule to the satisfaction of the Engineer, the Department shall retain 10% of the gross value of the work that has been completed as indicated by the current estimate certified by the Engineer for payment. Section 109.08 FINAL PAYMENT Delete in its entirety and substitute the Following: “Final Payment: Upon completion by the Contractor of the work, including the receipt of any final written submission of the Contractor and the approval thereof by the Department, the CITY will pay the Contractor a sum equal to 100 percent (100%) of the compensation set forth herein, less the total of all previous partial payments, 118 Section 6, Item E. ITB 21-PW22 36 | Page paid or in the process of payment. The Contractor agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the CITY for work done, materials furnished, costs incurred, or otherwise arising out of this Agreement and shall release the CITY from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same.” 119 Section 6, Item E. ITB 21-PW22 37 | Page ***NOTICE TO CONTRACTORS*** EPD AIR QUALITY RULES ON OPEN BURNING REFER TO CHAPTER 391-3-1-02-05 For additional/information, please contact: Georgia Department of Natural Resources Environmental Protection Division Air Protection Branch 4244 International Parkway, Suite 120 Atlanta, GA 30354 404/363-7000; 404/362-2534 – FAX 120 Section 6, Item E. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ 121 Section 6, Item E. “EXHIBIT B” 122 Section 6, Item E. 123 Section 6, Item E. 124 Section 6, Item E. 125 Section 6, Item E. 126 Section 6, Item E. 127 Section 6, Item E. 128 Section 6, Item E. 129 Section 6, Item E. 130 Section 6, Item E. 131 Section 6, Item E. 132 Section 6, Item E. 133 Section 6, Item E. 134 Section 6, Item E. 135 Section 6, Item E. 136 Section 6, Item E. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Arch Insurance Company Great American Insurance Company 9/08/2021 Marsh & McLennan Agency LLC 200 Brookstone Centre Pkwy Suite 118 Columbus, GA 31904 Rebecca Hightower 706-596-4660 rebecca.hightower@MarshMMA.com Peek Pavement Marking, LLC Fortson-Peek Company, Inc. 6867 Mountainbrook Drive, Suite 101 Columbus, GA 31904 11150 16691 A X X ZAGLB9239302 10/01/2020 10/01/2021 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X ZACAT9260902 10/01/2020 10/01/2021 1,000,000 B X X X 10000 TUU237058003 10/01/2020 10/01/2021 20,000,000 20,000,000 A N ZAWCI9424702 10/01/2020 10/01/2021 X 1,000,000 1,000,000 1,000,000 RE: Contract: ITB 21-PW22, Thermoplastic Striping & RPM Project (General Liability) Blanket Additional Insured per form CG 20 10 04 13 "Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization" (General Liability) Blanket Waiver of Subrogation per form CG 24 04 05 09 "Waiver of Transfer of Rights of Recovery Against Others to Us" City of Milton 2006 Heritage Walk Alpharetta, GA 30004 1 of 1 #S8669900/M6820686 FORTSCOMPAClient#: 655169 JJBXR 1 of 1 #S8669900/M6820686 137 Section 6, Item E. “EXHIBIT C” See Exhibits “A” and “B” [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 138 Section 6, Item E. 139 Section 6, Item E. 140 Section 6, Item E. 141 Section 6, Item E. 142 Section 6, Item E. 143 Section 6, Item E. 144 Section 6, Item E. 145 Section 6, Item E. 146 Section 6, Item E. “EXHIBIT F” FINAL AFFIDAVIT STATE OF __________________ COUNTY OF ________________ TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by ______________________ or any of its subcontractors in connection with the construction of __________________________ for City of Milton, Georgia have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of ___________________________________, that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ 147 Section 6, Item E. 148 Section 6, Item E. 149 Section 6, Item E. “EXHIBIT H” See Exhibit “A” [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 150 Section 6, Item E. “EXHIBIT I” ADDITIONAL PAYMENT TERMS A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) “Final Completion” means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. C. Evaluation of Payment Requests. The Contract Administrator will evaluate the Contractor’s applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor’s application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator’s reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed 151 Section 6, Item E. or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Payment and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City under this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 152 Section 6, Item E. “EXHIBIT J” Reserved [THIS “EXHIBIT J” IS RESERVED AND INTENTIONALLY LEFT BLANK] 153 Section 6, Item E. “EXHIBIT K” The City will Administer the Contract Itself [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 154 Section 6, Item E. “EXHIBIT L” See Exhibit “A” [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 155 Section 6, Item E. “EXHIBIT M” Contractor Responsibility for Project and Worksite During Construction 1. Maintenance of Worksite: The Contractor shall maintain the Project and the surrounding worksite from the Commencement Date until Final Completion of the Project. Such maintenance duties include, but shall not be limited to, continuous and effective prosecution of the Work day by day with adequate equipment and forces to ensure that the roadway or structures within the Project worksite are kept in satisfactory condition at all times. All existing guard rail, signs, pavement, pavement markings, bridge handrail, traffic control devices and other safety appurtenances that are not subject to removal or relocation in the completion of the Work shall also be maintained in a safe and satisfactory condition. The Contractor shall not allow vegetative growth at any time to obstruct signs, delineation, traffic movements, or sight distance. The Contractor shall, as necessary to keep the worksite clean and clear of all litter and debris, clean up and remove litter and debris. The Contractor shall, at intervals not to exceed 6 months, remove all weeds from around guard rail, barrier, poles, standards, utility facilities, and other structures, and cut or trim trees, bushes, or tall grass. These requirements shall apply to all areas within the Project worksite (i.e., the Project termini and lateral limits). All maintenance costs during construction and before the Work is accepted will be included in the Maximum Contract Price (and any individual flat fee or unit prices), and the Contractor will not be paid any additional compensation for such maintenance services. 2. Repair of Worksite and Private Property In the Case of Damage: From the Commencement Date until the Final Completion, the Contractor shall take every precaution against injury or damage to any part of the Project and the surrounding worksite by any cause whatsoever. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project or the worksite (with the exception of injury or damage caused by the sole negligence of the Owner) before Final Completion and shall bear the expense thereof. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Project and shall take such precautions as may be necessary to prevent damage to the Project, provide for normal drainage and shall erect any necessary temporary structures, signs, or other facilities at its expense. Where the City elects to carry out a portion of the Work, in accordance with Section 11(A)(ii) of the Agreement, the City will determine if certain precautions are unnecessary and may be waived in that instance. The Contractor shall also take every precaution against injury or damage to private property in or around the worksite and shall repair or replace any private property damaged (directly or indirectly) by the Work. For purposes of progress payments and retainage calculation, and except where otherwise approved by the City in writing, damage to the Project or the worksite shall be repaired to the satisfaction of the City before the Work shall be deemed to have increased in value such that any further progress payments are due to the Contractor. Further, except where otherwise approved by the City in writing, any damage to private property in or around the worksite, which damage is caused by the Contractor, shall be repaired or otherwise addressed to the satisfaction of the City before the Work 156 Section 6, Item E. shall be deemed to have increased in value such that any further progress payments are due to the Contractor. 3. Roadway Maintenance and Repair Duties in Relation to Traffic Activity: If the Project requires that traffic be maintained through the Project worksite during the prosecution of the Work, the Contractor shall assume all responsibility for damage to the Project and surrounding worksite caused by such traffic until Final Completion of the Work. If the Work requires that traffic be relocated to an alternate roadway or the Project is constructed on a new location, the Contractor shall be responsible for all damage to the Project and the worksite until the City directs that the Project be opened to traffic. At that time, the Contractor will no longer be responsible for traffic-related damage to the Project or worksite other than damage attributable to the Contractor’s actions or inadequate construction. 157 Section 6, Item E. “EXHIBIT N” Reserved [THIS “EXHIBIT N” IS RESERVED AND INTENTIONALLY LEFT BLANK] 158 Section 6, Item E. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Data Media Associates, Inc. for Property Tax Billing Services MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ October 4, 2021 X X X X 159 Section 6, Item F. 160 Section 6, Item F. 161 Section 6, Item F. 162 Section 6, Item F. 163 Section 6, Item F. 164 Section 6, Item F. 165 Section 6, Item F. 166 Section 6, Item F. 167 Section 6, Item F. 168 Section 6, Item F. 169 Section 6, Item F. 170 Section 6, Item F. 171 Section 6, Item F. 172 Section 6, Item F. 173 Section 6, Item F. 174 Section 6, Item F. 175 Section 6, Item F. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/15/2021 (478) 743-0588 (478) 743-0589 11000 Data Media Associates, Inc. P.O. Box 2305 Alpharetta, GA 30023 30104 29459 41297 1 A 2,000,000 X X 20SBAAI1698SA 4/1/2021 4/1/2022 1,000,000 10,000 2,000,000 4,000,000 4,000,000 EMPLOYMENT PRAC 10,000 2,000,000A 20SBAAI1698SA 4/1/2021 4/1/2022 2,000,000 10,000 B 20WECAC9R9S 4/1/2021 4/1/2022 500,000 500,000 500,000 C Employment Practices 20KB0297280-21 8/1/2021 Aggregate 2,000,000 D Errors & Omissions EKI3340864 8/1/2021 9/27/2021 1,000,000 Project: Property Tax Bill Printing & Mailing Services. City of Milton is included as Additional Insured/Designated Person or Organization, on General Liability coverage, per form IH 12 00 11-05. Waiver of Subrogation is afforded the City of Milton per the endorsement noted on page 2. City of Milton Attn: Honor Motes 2006 Heritage Walk Milton, GA 30004 DATAMED-01 SUSAN Waites & Foshee Insurance P.O. Box 4803 Macon, GA 31208 Sentinel Insurance Company Ltd Hartford Underwriters Ins Co Twin City Fire Insurance Co Scottsdale Insurance Company X 8/1/2022 X X X X X 176 Section 6, Item F. FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Waites & Foshee Insurance DATAMED-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Data Media Associates, Inc. P.O. Box 2305 Alpharetta, GA 30023 SEE PAGE 1 SUSAN 1 Policy forms & endorsements Business Liability Coverage Form SS0008 04-05 includes: - Waiver of Rights of Recovery (Waiver of Subrogation) All policy forms & endorsements apply per written contract or agreement, executed prior to injury or damage. 177 Section 6, Item F. 178 Section 6, Item F. 179 Section 6, Item F. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X October 4, 2021 X X 180 Section 6, Item G. To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Director Date: Submitted on September 28, 2021 for the October 4, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Minor Plat for Jackson Farms described herein consists of 9.878 acres located on Birmingham Road to be subdivided into 3 tracts. Tract sizes range from 3.00 acres – 3.878 acres (Large Lots). Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager 181 Section 6, Item G. Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Jackson Farms 2000 Birmingham Road LL 387 & 406 Dist. 2 Sect. 2 Minor Plat Subdividing one parcel into 3 Tracts ranging in size from 3.00 acres – 3.878 acres 9.878 Acres 0.30 Lots/Acre 182 Section 6, Item G. Consent Agenda Plats Staff Memo Page 3 of 5 Jackson Farms 183 Section 6, Item G. Consent Agenda Plats Staff Memo Page 4 of 5 Jackson Farms 184 Section 6, Item G. Consent Agenda Plats Staff Memo Page 5 of 5 Jackson Farms 185 Section 6, Item G. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation honoring the 7U Hopewell Mustangs Baseball Team for Winning the Dizzy Dean World Series Championship MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ October 4, 2021 X X X 186 Section 7, Item A. Honoring the Dizzy Dean World Series Champion 7U Hopewell Mustangs Baseball Team WHEREAS, baseball requires skillful hand-eye coordination, mental awareness, physical endurance, and teamwork; and WHEREAS, the sport has long been woven into the fabric of our community spearheaded by the Hopewell Youth Association, which has run baseball programs out of Bell Memorial Park since 1986; and WHEREAS, Hopewell players represent Milton well year-in and year-out with their exemplary talents and attitudes – with one team, in particular, having recently risen to great heights; and WHEREAS, in the summer of 2021, the 7U Hopewell Mustangs finished their regular season with an incredible 24-2 record; and WHEREAS, following this great season, the team advanced to – and went undefeated at – the State Dizzy Dean tournament to win the Georgia State Championship; and WHEREAS, not done yet, the 7U Mustangs traveled to Southhaven, Mississippi, and defeated every team they played from the southeast -- including the state champions from Alabama and Mississippi – to be crowned Dizzy Dean World Series Champions; and WHEREAS, Milton is proud of the players on the 2021 7U Hopewell Mustangs for being champions on the field as well as off it in the classroom and the community. Now, therefore, we – the Mayor and City Council of the City of Milton – honor the Dizzy Dean World Series Champion 7U Hopewell Mustangs baseball team. Given under our hand and seal of the City of Milton, Georgia on this 4th day of October 2021. ____________________________________ Joe Lockwood, Mayor 187 Section 7, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverages) and Appendix A of the Milton Code of Ordinances to Update Various Sections to Clarify Requirements for Alcohol Beverage Licensing in the City of Milton MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X October 4, 2021 X 188 Section 8, Item A. To: Honorable Mayor and City Council Members From: Bernadette Harvill, Assistant City Manager Date: Submitted on September 30, 2021 for First Presentation on the October 4, 2021 Regular City Council Meeting and Unfinished Business on the October 18, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 (Alcoholic Beverages) and Appendix A of the Milton Code of Ordinances to Update Various Sections to Clarify Requirements for Alcohol Beverage Licensing in the City of Milton. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: On September 20, 2021, staff presented recommended updates to chapter 4 (alcoholic beverages) to City Council. The enclosed edits reflect amendments that align with the guidance provided by Council at that meeting. These edits represent phase 1 of the update process; phase 2 will address Council feedback on consumption on-premises in establishments that do not qualify as eating establishments (50/50). A moratorium on these types of establishments has been requested while staff works to determine the best method of implementing Council’s vision for these types of establishments. The changes include: •Definition clarifications, additions, and removals: o Alcoholic beverage caterer Clarifying that both on-premises and off-premises retailers that are properly licensed are eligible to be alcoholic beverage caterers. The edits also include the addition of public functions on private property and city sponsored events o Ancillary tasting license Clarifying that hybrid and manufacturer license holders are eligible for ancillary tasting licenses in addition to retail package license holders o Bring your own beverage (BYOB) Clarifying that only standard consumption on-premises license holders and establishments that do not hold any alcoholic beverage license are eligible for a BYOB license o City food market 189 Section 8, Item A.  Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Courtyard market  Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Events facility  Clarification that the term is synonymous with “special event facility” that is utilized throughout the ordinance as well as the addition of the conditional use permit category that was in place prior to the creation of the rural or agricultural event facility conditional use permit in chapter 64 o Farm winery  Clarification that farm wineries must be in compliance with chapter 64 to ensure that applicants and staff are aware of this step prior to the issuance of an alcoholic beverage license o Flight tasting  Creating a definition for flight tasting as it is referred to elsewhere in the ordinance o Food hall/food hall café  Removal of this term – to be addressed in phase 2 of the chapter 4 edits o Free-standing vendor  Edit the definition to allow these vendors to operate at permitted special event or city sponsored event only o Grocery store  Adding a definition for this term as it appears elsewhere in the ordinance o Micro-brewery/micro-distillery  Removing the work tasting room to create consistency throughout the rest of the ordinance. Tasting room will refer to a farm winery only, while tap room will be associated with a brewery or distillery o Senior living facility  Addition of a definition for this term as it will be added in the staff recommendations for standard consumption on-premises eligible establishments o Tap-room  Addition of a definition for this term as it is referenced elsewhere in the ordinance o Tasting room  Addition of language requiring the tasting room to be located at least 100 yards from any adjacent residential property lines and no larger than 2,500 square feet in size • Edits to specific code sections o Sec. 4-12  Remove the exception for sales by the package by anyone other than a holder of a retail package license at special and temporary events as it is not consistent with Council or staff intent o Sec. 4-36  Addition of a section to bring back the advertising requirements for new alcoholic beverage license applications o Sec. 4-70(a)  Removal of the language referring to BYOB prohibition as this is inherent in the requirements for a BYOB (staff felt that the mention 190 Section 8, Item A. in some places and not others may be misleading). See Sec. 4-77 for additional deletions of similar language for other license types.  Removal of the term city food market as this has been stricken from the ordinance to be addressed in phase 2 of the chapter 4 edits o Sec 4-70(b)(1)  Clarification of what types of establishments qualify for a standard consumption on-premises license. Any other consumption on- premises establishments will be addressed in phase 2 of the chapter 4 edits. o Sec. 4-70(b)(2)  Clarification to the BYOB license for establishments with no pre- existing alcohol beverage license with reference to Sec. 4-88 for additional provisions (BYOB was listed several times in the ordinance and these edits as well as others later in the document will combine the sections into one area. Please also see Sec. 4-77 & Sec. 4-156 for additional revisions related to this edit).  Removal of the reference to Courtyard market license as this has been stricken from the ordinance to be addressed in phase 2 of the chapter 4 edits. o Sec. 4-70(e)  Clarification of the alcoholic beverage catering license section to coincide with the definition (also see Sec. 4-87)  Clarification to the BYOB license for establishments with an existing standard consumption on-premises license with reference to Sec. 4-88 for additional provisions (BYOB was listed several times in the ordinance and these edits as well as others later in the document will combine the sections into one area). o Sec. 4-72  Clarification of who is eligible for a special event alcohol permit to coincide with other references throughout the ordinance o Sec. 4-77  Removal of the reference to a courtyard market license  Removal of a sports complex as a qualifying establishment for a special events facility license as it contradicts the definition of special event facility o Sec. 4-84  Addition of language that the holder of a hybrid license will receive an ancillary tasting license at no additional cost (this will still be a separate license revokable according to the rules of chapter 4, but the applicant will not have to pay the annual $100 fee) o Sec. 4-85  Addition of language to clarify that consumption on-premises can only occur inside or adjacent to the tasting room no to extend beyond 20 feet from the approved tasting room in any direction  Addition of language that the holder of a hybrid license will receive an ancillary tasting license at no additional cost (this will still be a separate license revokable according to the rules of chapter 4, but the applicant will not have to pay the annual $100 fee)  Removal of language referring to wedding or dining facilities and multiple licenses.  Updates to the approved hours according to Council direction o Sec. 4-86 191 Section 8, Item A.  Clarification that a separate Sunday sales license will be required for on-premises sales and off-premises sales. o Sec. 4-88  Updating hours for BYOB to clarify between a standard consumption on-premises establishment and one that does not hold any other alcohol beverage license  Restricting BYOB to only these types of establishments  Removing any reference to distilled spirits/allowing only beer and/or wine o Sec. 4-90  Clarify that a restaurant package sale license is a limited quantity add-on license and desire to sell more than one bottle and/or package will require the establishment to apply for a retail package license o Sec. 4-92  Remove the prohibition for sales in an establishment that also sells liquor by the package o Sec. 4-93  Clarification of allowed activities and distinction between what is allowed at a package store versus a manufacturer or hybrid license holder • Distilled spirits only allowed at a distillery or micro-distillery • Limits to quantities and types of alcohol to be sampled during a calendar day o Sec. 4-102  Addition of a section explaining requirements and prohibitions for liquor selling establishments o Sec. 4-125  Clarification of allowed hours of operation for each type of establishment o Sec. 4-152  Clarification that the provision for alcohol consumption outside of a retail package store has exceptions within the open container areas in the city’s “special districts” o Sec. 4-153  Removal of the requirement to apply separately for patio sales as this will be handled through the building permit and fire inspection processes Funding and Fiscal Impact: The changes proposed should not impact revenues significantly as they are mainly clarifications to the intent not the costs with exception to the changes in Appendix A related to breweries and distilleries to bring them in line with other licensing fees in the city. Alternatives: Leave the ordinance as is or other Council directed action. Legal Review: Katie Taylor, Jarrard & Davis – September 28, 2021 192 Section 8, Item A. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Chapter 4 – Redlined Copy Appendix A – Redlined Copy 193 Section 8, Item A. Chapter 4 ‐ ALCOHOLIC BEVERAGES[1]   Footnotes:   ‐‐‐ (1) ‐‐‐   Editor's note— Ord. No. 20-12-462 , § 1(Exh. A), adopted Dec. 21, 2020, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4- 1—4-4, 4-10—4-16, 4-20—4-25, 4-30—4-35, 4-40—4-43, 4-50—4-52, 4-60—4-64, 4-70, 4-71, 4-75—4- 85, 4-90—4-94, 4-100—4-102, 4-105—4-113, 4-120—4-122, 4-130—4-138, 4-140—4-143, 4-150—4- 153, 4-160—4-166, 4-170—4-174, 4-180—4-182, pertained to similar subject matter, and derived from Ord. No. 20-07-438 , § 1, adopted July 20, 2020; Ord. No. 20-09-453 , § 1, adopted Sept. 21, 2020; and Ord. No. 20-10-455 , § 1, adopted Oct. 5, 2020. See the Code Comparative Table for complete derivation. State Law reference— Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3-7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3-6-40; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq. ARTICLE I. ‐ IN GENERAL   Sec. 4‐1. ‐ Purposes.   (a) Purposes. This chapter 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 194 Section 8, Item A. defined herein shall be defined as set forth by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms, as amended, shall govern. (b) As used in this chapter, the singular and the plural shall each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this chapter the term "may" is permissive and the term "shall" is mandatory. (d) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult entertainment and adult entertainment establishment shall have the same meanings as set forth in section 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-premises consumption retailer or properly licensed off-premises package retailer properly licensed to provide alcohol for consumption at private functions on private property, public functions on private property, at city sponsored events, 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, hybrid license, or manufacturing license andthat allows for on-premises tastings under limited conditions as provided for in this chapter. Applicant means the person, partner, firm, or corporation, as owner, or other entity (individually or collectively) making the application for the alcohol license, whether compensated or not. The term "applicant" shall include a licensee agent. Assembly hall or events facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment, including but not limited, to trade shows and other similar activities, as well as some social events such as receptions, meetings, banquets, conventions, parties, catered events or similar gatherings. The facility must be available to public or private groups of persons for monetary consideration on a rental, fee, percentage or similar basis; be used primarily for special occasions including but not limited to, the events mentioned in this definition; be open to or attended by invited or selected guests or paying patrons; and the premises shall contain a minimum occupancy load of 200 persons for each show, event, reception or activity as permitted by the fire marshal. 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 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 chapter 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". 195 Section 8, Item A. 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 alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, also known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. The term "beer" is used interchangeably throughout this chapter with "malt beverage," and any reference to beer or malt beverage shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. Brewer means a manufacturer of beer, malt beverage, cider and/or similar alcoholic beverages. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided licenses are issued as required by the state and this chapter, a brewery is authorized to sell beer by the package or by the drink and to operate flight tastings on-premises of the brewery pursuant to state law. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or liquor are licensed to be sold for consumption on-premises and in which beer is manufactured or brewed, subject to the barrel production limitation prescribed in state law for retail consumption in and on premises. Bring your own beverage (BYOB) license means a license issued for any place of business open to the public or any private club that allows guests, patrons or members to bring their own beer and/or wine onto the premises for the guests' consumption. A BYOB license may be issued to establishments that hold a standard consumption on-premises licenses as well as to approved establishments that are not licensed to sell or serve alcoholic beverages. Building code means and includes all building, plumbing and electrical codes and any similar technical code of the city. Building official means the building official of the city as such position presently exists, or by whatever name the position may be designated in the future. The term building official will also be deemed to include any designee of the building official. Chief of police means the chief of police of the city as such position presently exists, or by whatever name the position may be designated in the future. The term chief of police will also be deemed to include any designee of the chief of police. City means the City of Milton, and when used in a geographical sense, means the territorial limits of the City of Milton. City food market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, liquor, tobacco products, lottery tickets, or related games of chance or beer by the keg; (b) does not provide for the on-premises use of coin operated amusements; (c) at all times that it is open to the public, maintains an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods, and beverages, with a minimum cumulative cost of goods sold of such food products of at least $125,000.00; (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 of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than four individuals who work at least 35 hours per week on the premises, and (f) derives less than 20 percent 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. 196 Section 8, Item A. College means only those state, county, city, church, or other higher education institutions that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations, and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of the State of Georgia First Offender Act. County means Fulton County, Georgia, and, when used in a geographical sense, means the territorial limits of Fulton County, Georgia. Courtyard market means a commercial or retail center consisting of one or more structures on one or more contiguous tracts or parcels of land, having a minimum of at least ten 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 6,000,000 barrels. Craft beer and/or wine market means a retail establishment whose primary purpose must be one of the following: (1) the sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries. Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). See section 4-91 for additional requirements. Distance means the distance requirements, as prescribed by state law, for the sale of alcoholic beverages and the manner in which distances are measured. Distilled spirits, liquor, or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume, including, but not limited to, all fortified wines. Any reference to distilled spirits, liquor, or spirituous liquor shall be deemed to include alcoholic consumables that contain distilled spirits or spirituous liquor. The terms distilled spirits, liquor, or spirituous liquor, when used in this chapter, shall all carry the same meaning. Distiller means a manufacturer of distilled spirits. Distillery means a domestic manufacturing facility for distilled spirits that is licensed by the state. Provided that licenses are issued as required by this chapter, a distiller/distillery is authorized to sell distilled spirits by the package, by the drink and to operate flight tastings on-premises of the distillery as provided for and subject to the limitations of state law. Domestic wine means any and all wines produced by a farm winery within this state. Throughout this chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating establishment shall have the same meaning as set forth by state law (O.C.G.A. § 3-3-7). An eating establishment may be licensed to sell beer, wine and/or liquor but must derive a minimum of 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesalers pursuant to state law, package sales of beer and/or wine shall be used when determining the total annual gross food and beverage sales. Entertainment or live entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Events facility or Special events facility shall have the same meaning as "assembly hall", or "rural or agricultural event facility", or “festivals or events, outdoor/indoor facility” as set forth in section 64-1. Any 197 Section 8, Item A. 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, and in compliance with all provisions of chapter 64, is authorized to sell Georgia wine at its premises by the package or for consumption on-premises as authorized by Georgia law. Fire marshal 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 marshal 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. Flight tasting means a single service of alcoholic beverages manufactured on the premises from which the consumer can sample for taste the products available from the manufacturer. Tastings shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor during a calendar day. No patron shall consume more than one type of alcohol at a tasting during a calendar day. 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 food hall cafes, where a minimum of 65 percent 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 40 seats at tables for the food hall café patrons collectively within a building, courtyard, or other contiguous space. Food hall café means a food and/or beverage vendor located within a food hall. A food hall café licensed under this chapter for on-premises consumption of alcohol may enter into an agreement with one 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 establishment to meet the ratio cannot be used by another establishment for the same purpose. In order to qualify, any utilized food vendors must be (a) located in the same food hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open, and prepared to serve food every hour that alcoholic beverages are offered for sale from any portion of the premises. Fortified wine means any alcoholic beverage containing more than 24 percent 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 permitted special event or city sponsored event. Full-service kitchen means a kitchen that consists of a commercial sink, a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals, and a refrigerator. Said kitchen must be approved by the county health department and city fire marshal. 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 holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. The term "golf course" does not include miniature golf. 198 Section 8, Item A. Groceries or grocery means saleable food products including meats, dairy, vegetables, fruit, dry good, and non-alcoholic beverages. 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 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. Growler or crowler means a glass, ceramic, or metal container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with craft beer from a keg and securely sealed for off-premises consumption. Growler/crowler shop means a retail establishment that only sells craft beer or wine or wine-based beverages in growlers or crowlers for off-premises consumption and no other alcoholic beverages. Establishments licensed as growler/crowler shops are not authorized to sell liquor and may not sell beer or wine for consumption on premises. Growler/crowler shops shall be no larger than 2,500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, growler/crowler shops are eligible to apply for an ancillary tasting license. Hard cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent of alcohol by volume, including, but not limited to, flavored or carbonated cider. For purposes of this chapter, hard cider shall be deemed a beer. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Incidental service license means an on-premises 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 of gross receipts (gross receipts shall have the same meaning as provided in chapter 12). 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 of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited tap license means an on-premises 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 199 Section 8, Item A. consumption on premises only. An establishment with a limited tap license is limited to having five 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 marshal and building official in accordance with applicable codes. Liter means the metric measurement currently used by the United States. Liquor. For purposes of this chapter, the term liquor may be used interchangeably with the terms distilled spirits and spirituous liquor and will be deemed to have the same meaning. Live entertainment or entertainment means music, comedy, readings, dancing, acting, organized fighting, or other entertainment, excluding adult entertainment, performed on the premises of a licensed establishment. This classification includes dancing by patrons to live or recorded music. Major shareholder means a person that owns or controls a 20 percent 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 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 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 and/or on-site tasting tap room sales. Micro-distilleries must comply with state law restrictions related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or patron dancing and not the consumption of food. A place that derives 75 percent 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 chapter will be presumed to be a nightclub. Nightclubs are prohibited in the city. Nonprofit civic organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Off-premises beer/wine retailer or store means any person that sells or provides beer and/or wine to the public in unbroken packages or in growlers or crowlers, not for consumption on-premises and not for resale. 200 Section 8, Item A. Off-premises 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-premises consumption retailer means any person that sells or provides to the public alcoholic beverages for consumption on-premises, only to consumers and not for resale. Open container area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Unless otherwise provided, open container areas are restricted to the city's special districts and allow for limited outside consumption of alcoholic beverages. Outdoor dining area means an outdoor dining space in which an on-premises licensee serves food and beverages as part of the operation of the licensed premises. Except as otherwise provided, the outdoor dining area must be located immediately adjacent to the licensed premises. An outdoor dining area may include a patio, city approved sidewalk seating, or a designated dining area within the exclusive control of the licensee, and may be separated from the licensee's premises, if at all, only by a sidewalk. No part of an outdoor dining area shall be located within any public right-of-way without permission of the city. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original containers or in a growler or crowler and sold at retail to the final consumer and not for resale. Park means any public lands owned, controlled, or operated by the city, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, legal entity, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private or quasi-public. Police department means the chief of police and any police officers. Premises means the definite, closed, or partitioned-in location (whether room, shop, or building) wherein alcoholic beverages are sold, provided, or consumed pursuant to this chapter and in accordance with state law. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard, or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such licensee. Private club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, and which: (1) Has been in existence for at least one 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. 201 Section 8, Item A. Restaurant means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are actually and regularly served to patrons, without sleeping accommodations, including a cafeteria, with such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its patrons. At least one meal per day shall be served at least six 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 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. Senior living facility means a residence restricted to the housing and care of senior citizens. The facility must have a full-service kitchen and serve prepared meals daily. 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-premises 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 4-211107 of this chapter. Special event has the same meaning as provided in section 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 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-premises 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 of interior floor area is devoted to the display for sale of non-alcoholic beverages. A specialty gift shop may not offer check cashing services; maintain a drive-thru window; or maintain on the premises for sale any of the following: liquor, beers containing more than six percent alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. Spirituous liquor. For purposes of this chapter, the term spirituous liquor may be used interchangeably with the terms distilled spirits and liquor and will be deemed to have the same meaning. Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. (1) To qualify for an on-premises consumption retailer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, that the two-year 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. 202 Section 8, Item A. (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-premises consumption retailers. Standard on-premises consumption retailer means any licensee holding a beer/wine/liquor consumption on-premises license or a beer/wine consumption on-premises license. Tap-room means a place on the premises of an establishment with a manufacturer license, where the beverages manufactured on-site are offered for sale for consumption on premises or flight tastings. 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. The tasting room must be located 100 yards from any adjacent residential property lines and no larger than 2,500 square feet in size. Tax means the tax imposed by the city upon any dealer in alcoholic beverages for each calendar month of the year. Temporary alcoholic beverage license means a license provided to an applicant that applies for an alcoholic beverage license, complies with the requirements set forth in this chapter, and who, in the city manager's discretion, appears to meet the criteria for receiving a license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this chapter. Wholesaler or wholesale dealer means any person that sells alcoholic beverages to other wholesale dealers, off-premises retail dealers, or on-premises consumption retailers. Wine or vinous beverage means any alcoholic beverage containing not more than 24 percent 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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐4. ‐ Severability.   203 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐5—4‐9. ‐ Reserved.  ARTICLE II. ‐ LICENSING[2]   Footnotes:   ‐‐‐ (2) ‐‐‐   State Law reference— Powers of local governing authorities as to granting, refusing, suspension or revocation of licenses generally, O.C.G.A. § 3-3-2; display of license, O.C.G.A. § 3-3-3; local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, sales near churches, schools, O.C.G.A. § 3-3-21; O.C.G.A. § 3-3-40 et seq.; maximum license fee for distilled spirits, O.C.G.A. § 3-4-48; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; restrictions on wholesale license fee, O.C.G.A. § 3-5-43; O.C.G.A. § 3-7-40; local licensing requirements for the sale of wine, O.C.G.A. § 3-6- 40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7- 40 et seq.; false swearing, O.C.G.A. § 16-10-71. DIVISION 1. ‐ GENERALLY   Sec. 4‐10. ‐ License is a privilege.   (a) Granted by city council. Alcoholic beverages may be sold, provided or consumed to or by the public in the city under a license or permit granted by the city council or its designee upon the terms and conditions provided in this chapter. (b) Privilege. All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Compliance with local, state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, city licensees are required to display the license prominently at all times on the premises for which the license is issued and abide by all applicable local, state, and federal regulations and laws. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 204 Section 8, Item A. prohibition shall apply without regard to whether the alcoholic beverages or consumables are intended to be provided free of charge, as a part of any promotion by the owner of the premises or operator of the business, to be given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or intended to be given as bonuses or inducements offered in connection with employment or the purchase of goods and/or services. (c) It shall be prohibited for any person to provide alcoholic beverages or consumables to the general public under the appearance that such alcoholic beverages or consumables are not being sold but are being given away. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages or consumables is considered a "retail sale" of alcohol under this chapter and requires an alcoholic beverage license. (d) Any owner or tenant of a location or business, as well as any 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐13. ‐ Display of license required.   The city alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐14. ‐ Licensee and employees to be familiar with terms.   Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working at the licensed premises with respect to the relevant terms of this chapter. Each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this chapter. 205 Section 8, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐21. ‐ Architectural and zoning standards.   All premises for which an alcoholic beverage license is sought or has been issued shall comply with all state and/or city ordinance requirements regarding architectural and zoning standards. Failure to comply with said standards will subject the license to non-issuance, suspension or revocation. The city shall not be held responsible for licenses that are erroneously issued where architectural and zoning standards were not satisfied, and any fees paid by the licensee will be forfeited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐22. ‐ Distance requirements.   206 Section 8, Item A. (a) No person knowingly and intentionally may sell or offer to sell: (1) Any liquor by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus. (2) Any beer or wine by the package within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of beer or wine was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only beer or wine for consumption off-premises from selling beer or wine within 100 yards of any school building, school grounds, or college campus, where so permitted by resolution or ordinance of the county or city. As used in this subparagraph, the term "grocery store" means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent 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-premises consumption by: (1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five 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. 207 Section 8, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐23. ‐ Applicant standards.   (a) No license for alcoholic beverages issued pursuant to this chapter shall be granted to any person who is not: (1) At least 21 years of age; and (2) A United States citizen, legal permanent resident of the United States; or a qualified alien or non- immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers, and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its designated applicant or licensee agent under the provisions of this chapter. (2) In the case of a partnership, the license shall be issued to the partnership and all the partners owning at least 20 percent of the partnership If no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the city manager that neither such individual nor any person with 20 percent 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 years immediately prior to the filing of such application, for: (1) Moral turpitude; (2) Illegal gambling; (3) Felony possession or sale of controlled substances; (4) Illegal possession or sale of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law; (5) Keeping a place of prostitution; (6) Pandering; (7) Pimping; (8) Public indecency; (9) Prostitution; (10) Solicitation of sodomy; or (11) Any sexually related crime. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual's state of residence or a criminal history report from a police department, sheriff's department or the official state crime investigation center in the individual's state 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. 208 Section 8, Item A. (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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐24. ‐ Effect of prior criminal history; exceptions.   (a) An applicant or licensee agent's first-time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make an applicant/licensee agent ineligible for an alcoholic beverage license. (b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall not be considered as to any offense for which a defendant was allowed to avail themselves of this state's first offender provisions, O.C.G.A. § 42-8-60 et seq.; provided, however, that any such offense may be considered where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐26—4‐29. ‐ Reserved.  DIVISION 3. ‐ APPLICATION REQUIREMENTS   Sec. 4‐30. ‐ Application requirements.   209 Section 8, Item A. (a) City form. All persons desiring to sell alcoholic beverages or desiring to obtain a BYOB license or any other license or permit provided for in this chapter shall make an application on the form prescribed by the city manager or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant/licensee agent; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the name and residence address of each partner; (4) If a corporation, the names of the officers; (5) The name and address of the registered agent for the service of the process; (6) The name of the manager; (7) The names of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) [Grand opening/annual promotion permits.] 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 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. 210 Section 8, Item A. (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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 for the same location. However, on-premises 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐33. ‐ Registered agent required.   All licensed establishments must have and continuously maintain in Fulton County, or any county that borders Fulton County, a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter required to be served upon the licensee or owner may be served. This person must be a resident of one of the aforesaid counties. The licensee shall file the name of such designated 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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, 211 Section 8, Item A. administrative, and investigative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application, to the extent that such is authorized by the city manager, shall pay only one set of processing fees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐35. ‐ Withdrawal by applicant; refund of license fee deposit.   (a) Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest), less non-refundable processing fees. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. (c) No license shall be renewed for less than a calendar year, and if an issued license is revoked or surrendered before the expiration of a calendar year, the licenses shall not be entitled to any refund. (d) Notwithstanding the foregoing provisions, the city council may approve a partial refund of the license fee paid to the city if the licensed business cannot continue to be operated due to any action taken by the city beyond the licensee's control (excluding a suspension, revocation or other disciplinary action). If a refund is approved by the city council, the refund shall be calculated as follows: (1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. (2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. (3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. (4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐36 - Notice requirements. (a) Posting on premises to be licensed. (1) Required; specifications. The applicant for an original license under this chapter shall, at his or her own expense, post a notice on the premises to be licensed. The notice shall be posted for at least 15 days prior to the date of the public hearing. The notice shall be on a sign having a surface of not less than 12 square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: a. That an application for a license related to the sale or consumption of alcoholic beverages on the premises under this chapter has been filed with the city; b. The type of license applied for; c. The time and place of the public hearing to be held on such license application; and d. The name(s) in which the license is to be issued. (2) Placement. The advertisement shall be placed with the base of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. 212 Section 8, Item A. (b) Publication. (1) Contents. The City Manager or his or her designee shall prepare and cause to be published a notice of each pending application, which notice shall include: a. The date the application will be considered by the city council; b. The location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter; and c. The applicant's name. (2) Costs. The applicant shall pay the publication costs. (3) Newspaper of general circulation. The notice shall be published in a newspaper of general circulation within the city and shall appear once a week for two weeks immediately preceding consideration of the application by the city council. Secs. 4‐376—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 section 4-43 of this chapter, to the city council for hearing, along with a recommendation for approval or denial; (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location, or application would not qualify under State law or Georgia Department of Revenue Regulations; or for other due cause; and (6) Receive and submit an applicant's appeal of the city manager's decision to deny the application to the city council for hearing, along with a copy of the city manager's decision; and (7) Receive an applicant's appeal of the police chief's decision to deny an alcohol/server permit under section 4-122(d) and submit such appeal to the city council for hearing, along with a copy of the police chief's decision. (8) With the exception of temporary alcoholic beverage licenses, 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 213 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐41. ‐ City council's consideration of applications; appeals.   (a) Public hearings. The city council shall hold public hearings to (i) consider license applications and recommendations submitted from the city manager for action, and (ii) consider applicant appeals from decisions of the city manager to deny license applications or applicant appeals from decisions of the police chief to deny seller/server permits. Witnesses and evidence shall be presented by the city manager or his or her designee, and the licensee shall be entitled to present evidence and witnesses and cross-examine the city's witnesses. (b) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held. If to the licensee or licensee's agent, service of such notice shall be by personal service on the registered agent by the police department, code enforcement officer, or other city designee. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided, to the licensee, and to the licensee's employee. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (c) [City council actions.] During or following the hearing, the city council may: (1) Request additional written or investigative information from the applicant, city manager, or city staff deemed necessary to consider an application prior to a decision; (2) Consider an application recommended for approval by the city manager and render a final determination approving or denying the application; (3) Hear any appeal from a decision of the city manager to deny an application and render a final determination upholding or overturning the city manager's decision; (4) Consider a recommendation from the city manager to grant or deny "conditional approval prior to completion of proposed licensed premises" consistent with section 4-43 of this chapter and render a final determination. (5) Deny any application on the grounds that it is incomplete, fails to show the applicant has satisfied the qualifications set forth in this chapter or other provisions of this Code; shows the applicant, location or application would not qualify under state law or Georgia Department of Revenue Regulations; or (6) For other due cause. (d) Notice required. The city council shall provide written notice to any applicant whose application is denied. Such written notification shall set forth in reasonable detail the reasons for such denial. Service of such notice shall be by personal service on the registered agent by the police department or code enforcement officer or other designee of the city manager. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Appeal. Any decision by the city council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council. 214 Section 8, Item A. (f) Reapplication permitted after one year. In all instances in which denial of an application is final under the provisions of this chapter, the applicant may not reapply for a license for the same location for at least one year from the date of such final denial. (g) Return of license fee upon denial. If the application is finally denied, and the applicant did not temporarily operate licensed premises under any provision of this chapter, the license fee, if paid at the time of application, shall be refunded. However, non-refundable processing fees and temporary license fees will not be refunded. If the applicant operated on prior licensed premises under section 4- 25 of this chapter while the application was pending, and the application is denied, the applicant shall be entitled to a pro rata refund of the license fee, if a license fee was paid at the time of application. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐42. ‐ Exercise of discretion.   (a) The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the proposed location of the business in light of this chapter. (b) If, after consideration of the evidence, the city council determines that stipulations or conditions should attach to a decision to approve an application, the city council shall provide for such conditions in its action. (c) In addition to all other authority to grant or deny a license, any application for a license may be denied by the city to safeguard the health, safety and welfare of the community. In making such a determination, the city council shall assess the extent to which the granting of the license or the continued holding of the license would contribute to issues, including but not limited to, littering, loitering or public consumption of alcoholic beverages in the area of the establishment, and the exposure of minors to the sale of alcoholic beverages because of the number of minors who frequent the establishment. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐43. ‐ Conditional approval prior to completion of proposed licensed premises.   If a building intending to operate under this chapter is, at the time of the application for a license, not in existence or not yet completed, a license may be conditionally approved by the city manager or his/her designee for the location, provided the plans for the proposed building clearly show an intention to comply with all local, state, and federal requirements. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with the requirements of this chapter, local ordinances and all state and federal laws and regulations. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐44—4‐49. ‐ Reserved.  DIVISION 5. ‐ EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER   Sec. 4‐50. ‐ Annual expiration; renewal requirements.   (a) All licenses granted under this chapter shall expire on December 31 of each year. Licensees shall be required to file a renewal application accompanied by the requisite fee with the city manager on the form provided for a renewal license for the ensuing year. 215 Section 8, Item A. (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 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 penalty, plus interest, along with other fees associated with a new application. The city shall not be responsible for the consequences of delays in the issuance of any license under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐51. ‐ Automatic forfeiture of license for nonuse.   (a) All holders of licenses under this chapter must, within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees or other related fees shall be made. A three- month extension to the original six-month period may be granted by the city manager if requested within the said six-month period in compliance with other sections of this chapter. (b) Any licensee under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall automatically forfeit the license without the necessity of any further action. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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-premises 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 alcoholic beverages or otherwise operate pursuant to any license under this chapter until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed 216 Section 8, Item A. 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 or more of the partners, members or shareholders holding a license from withdrawing from the partnership, corporation or entity in favor of one 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 or more of any class of stock. (d) Except as provided in subsections (a) through (c) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the city manager for a transfer of location. Should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by city council ordinance. (f) Violation of this section may result in the suspension or revocation of the license being used and/or a fine on the new ownership and the old ownership as provided in this chapter. (g) If a violation of this section results in revocation of the license, no license will be issued to the old or the new owner in the city for one year from the date of such violation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐53—4‐59. ‐ Reserved.  DIVISION 6. ‐ SUSPENSION, REVOCATION, OTHER PENALTIES   Sec. 4‐60. ‐ Suspension or revocation of license or permit; other penalties authorized.   (a) The city council shall be authorized to suspend or revoke an alcoholic beverage license or permit or impose other penalties upon the licensee, licensee's employee, or licensee's agent under the conditions set forth in this chapter. However, no revocation, suspension or other penalty shall be imposed without first providing the notice, hearing, and appeal rights as more specifically provided in this chapter. (b) No alcoholic beverage license or permit, after having been issued, shall be suspended or revoked except for due cause. Sufficient grounds, or due cause, for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: (1) The violation of the laws or ordinances regulating the business; (2) The violation of any local, state or federal law; (3) The violation of provisions of this chapter; (4) Any reason which would authorize the city to refuse the issuance of a license or permit; (5) Where a licensee has failed to open for business within six 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 months, upon the timely receipt of a written request from a licensee for such an extension; 217 Section 8, Item A. (6) After opening, where a licensee has ceased to operate the business for a period of three consecutive months; (7) Where a licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; (8) Where a licensee or such licensee's employee or agent, has sold or served alcoholic beverages or allowed patrons to bring their own alcohol to the premises during a period of suspension; (9) Where a licensee has provided incomplete, fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; (10) Where a licensee has failed to file necessary reports, failed to cooperate in any matter related to the license, failed to pay any fee, license fee, tax, fine or other amount due to the city under this chapter or any other licensing ordinance of the city, has failed to file a required return or to pay taxes imposed, or has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this chapter; (11) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; (12) Where a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication at the time of service; (13) Where a licensee, or such licensee's employee or agent, has allowed any person to consume alcohol pursuant to a BYOB license when the licensee, licensee's employee or agent knew or should have known that such person was in a state of intoxication; (14) Where a licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishments; (15) Where a licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage chapter or state law; (16) Where a licensee or an individual or person with 20 percent 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 218 Section 8, Item A. and administration of this chapter that reflect the failure to comply with the requirements of this chapter or state or federal law. (b) City manager. Upon information known to or received by the city manager that creates a reasonable belief that a licensee, licensee's employee, or licensee's agent has violated law or otherwise failed to comply with requirements of this chapter, the city manager shall have the responsibility and authority to: (1) Evaluate the severity of the situation and immediately ensure appropriate measures are taken with regard to any health, safety or welfare concerns to address any immediate threat of harm or damage based upon the information received; (2) Authorize any investigation needed on the part of appropriate persons, requesting additional written or investigative information from the licensee, city staff, or other authorities or persons deemed necessary to consider the actions or inactions of the licensee, licensee's employee, or licensee's agent; (3) After providing the licensee, licensee's employee, and/or licensee's agent with notice of violations and the opportunity to respond to the charges, and following the receipt and consideration of any response, the city manager shall determine whether due cause exists to recommend action against the licensee, licensee's employee or licensee's agent, up to and including revocation of the license or permit. (4) Upon a finding of due cause, the city manager shall provide written notice to the licensee, licensee's employee, and/or licensee's agent, as appropriate, setting forth in reasonable detail the facts upon which due cause exists to take action, the nature of the proposed action, and advising of the scheduling of a public hearing before the city council with a right to present evidence and cross examine witnesses. Such notice shall be mailed by certified mail to the registered agent at the address provided, to the named licensee at the licensed premises, and to any person alleged to have committed the violation. Delivery shall be deemed to take place on the third day following deposit in the United States mail. A copy of the notice shall also be provided to the city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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) Ten days' prior notice. Public hearings shall be scheduled by the city manager, who shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the city council shall be held in accordance with 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) [Decision by city council.] Upon hearing the matter, the city council, shall render a decision as to whether due cause exists for action against the licensee, licensee's employee, or licensee's agent. If due cause exists, the city shall determine the appropriate penalty, up to and including suspension and/or revocation of a permit or license. 219 Section 8, Item A. (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 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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐63. ‐ Exercise of discretion; consideration of mitigating factors.   (a) Nothing in this section shall be deemed to require suspension or revocation of a license, and each violation should be considered at the discretion of the city council on a case by case basis. The city manager and city council, in their discretion, shall consider the evidence, including any extenuating, aggravating or mitigation facts or circumstances that may affect or reflect upon the applicant, the application, and/or the location of the business in light of this chapter. (b) Penalties for the licensee may be mitigated by the city council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (1) Attendance at a responsible alcohol sales and service (RASS) workshop by the licensee and/or managers; (2) Implementation and components of written policies; (3) Evidence that employees have or do not have alcohol seller/server permits; (4) Evidence that the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; (5) Implementation and components of an employee training program; (6) Length of time in business; (7) Whether the ID was requested; (8) The degree to which the licensee has other procedures in place to monitor its alcohol servers/sellers for compliance; (9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any knowing violation of this chapter; and (10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevent illegal alcohol sales or service in the licensed establishment and the community at large. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐64. ‐ Consideration of progressive actions; mandatory penalties for sale or service to persons  under 21; criminal penalties.   (a) If a licensee is found to have violated any provision of this chapter, excluding selling or serving underage persons, the city shall ordinarily give consideration to the following progressive actions: (1) The first alleged violation in a 12-month period shall result in a mandatory hearing before the city council and the issuance of a warning or a license suspension for a period of up to 30 days if the violation is sustained. 220 Section 8, Item A. (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 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 years from the date of revocation if the first, second, and third violations were sustained. (b) If a licensee or employee of such licensee has a conviction (including for purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond) for the violation of O.C.G.A. § 3-3-23 or any section of this chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following minimum penalties shall apply: (1) The first conviction shall result in a mandatory hearing before the city council, a minimum fine of $500.00, and may result in a license suspension for a period of up to 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 and 60 days. (3) The third conviction within a consecutive 24-month period shall result in a mandatory hearing before the city council, a minimum fine of $1,000.00, and revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the city council to allow retention of the license. (c) Nothing contained in this chapter shall be construed to preclude the city council from suspending or revoking an alcoholic beverage license or alcohol seller/server permit for a period exceeding those described in this section if the city council determines in its discretion that such action is necessary and in the best interest of the public health, safety and welfare of the city. (d) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain, or similar locking mechanism, all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premises locked storage area or otherwise secure such beverages so that they are out of view and access of the public. (e) Actions taken by the city council shall be in addition to any criminal citation and prosecution by the city. Each violation of this chapter shall constitute a separate offense subject to a separate citation and penalties. Criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐65—4‐69. ‐ Reserved.  ARTICLE III. ‐ LICENSE TYPES AND 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-premises licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a consumption off-premises license that includes one or more of the following types of retail package categories for off-premises licenses: 221 Section 8, Item A. (1) Retail package beer license. Allows retail sale of beer in the original package, growler or crowler. This license type would be available to the following types of qualified establishments: brewpubs, city food markets, craft beer and/or wine markets, growler/crowler shops, hotels, on-premises 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 chapter. 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-premises 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 chapter. 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-premises liquor retailer, distillery or micro-distillery. On-premises 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-premises 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-premises licenses. Applicants that satisfy the applicable zoning requirements may apply for a consumption on-premises license that includes one or more of the following types of retail consumption categories of on-premises licenses: (1) Standard consumption on-premises licenses. a. Beer/wine/liquor consumption on-premises license. Allows retail sale of beer, wine, and liquor for consumption on-premises. This license type would be available to the following types of qualified establishments that meet the criteria above: assembly halls, city food markets, eating establishments, events facilities, food hall cafes, free-standing vendors, golf courses, hotels, limited food service restaurants, restaurants, private clubs, sports clubs, and other establishments not prohibited under this chapter. To obtain this license, an enterprise must qualify as one of the followingeither: (i) qualify as an eating establishment; or (ii) derive a minimum of 30 percent 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. (i) eating establishment (ii) golf course (iii) hotel (iv) private club (v) sports club (vi) special events facility (vii) senior living facility 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 chapter. To obtain this license, an enterprise must either: (i) qualify as an eating establishment; or (ii) derive a minimum of 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food and 222 Section 8, Item A. obtain a limited food service restaurant license; or (iii) also obtain a craft beer and/or wine market license. (2) Limited consumption on-premises 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 (no pre-existing alcohol beverage license). Allows an establishment that otherwise holds no alcohol beverage licenses to permit patrons to bring into the establishment unopened beer and/or wine for consumption on-premises (see section 4-88). 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. ed. 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. (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 standard on-premises consumption retailer or licensed off-premises package retailer qualified under state law to deliver and serve alcohol at locations other than its licensed facilityprivate functions on private property, public functions on private property, city sponsored events. special events, or special events 223 Section 8, Item A. facilities. 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 consumption on-premises licensees). Allows holders of an standard consumption on-premises license to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises (see section 4-88). (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. (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 to sell craft beer and/or wine on-premises. (7) Growler/crowler license. Allows holders of an off-premises license to sell alcohol in growler/crowler packaging. (8) Ancillary tasting license. Allows holders of an off-premises license to offer the public, at no charge, small quantities of alcohol for on-premises consumption. (f) Summary of license types. (1) The following chart lists the license types and prerequisite underlying licenses: License Category  License Name  Prerequisite License   Off‐premises package  sales  Package beer  None   Off‐premises package  sales  Package wine  None   Off‐premises package  sales  Package liquor  None   Off‐premises package  sales  Specialty gift shop  None   On‐premises  consumption  (standard)   Beer/wine/liquor  None if an eating establishment; otherwise this must  be paired with a limited food service license.   On‐premises  consumption  (standard)   Beer/wine  None if an eating establishment; otherwise this must  be paired with a limited food service license.   224 Section 8, Item A. On‐premises  consumption (limited)  BYOB  None   On‐premises  consumption (limited)  Incidental service  None   On‐premises  consumption (limited)  Limited tap  None   On‐premises  consumption (limited)  Courtyard market  None   On‐premises  consumption (limited)  Special events facility  None   Manufacturing  Brewery or distillery  None   Manufacturing  Micro‐brewery or  micro‐distillery  None   Hybrid  Brewpub  None   Hybrid  Farm winery  None   Add‐on  Sunday sales   Off‐premises package sales, on‐premises  consumption (standard), on‐premises consumption  (limited), or hybrid   Add‐on  Catering  Off‐premises package sales or on‐premises  consumption (standard)   Add‐on  BYOB  On‐premises consumption (standard) or on‐premises  consumption (limited)   Add‐on  Limited food service  license  On‐premises consumption (standard)   Add‐on  Restaurant package   Sales  On‐premises consumption (standard)   225 Section 8, Item A. Add‐on  Craft beer and/or wine  market  Off‐premises package sales   Add‐on  Growler/crowler  Off‐premises package sales   Add‐on  Ancillary tasting  Off‐premises package sales, manufacturing or hybrid  licenses   (2) The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐72. ‐ One‐time permits.   Permits for service of alcohol may be issued for specific events of limited duration to applicants who lack a license allowing the sales, consumption, or service intended at the specific event. Permit fees and requirements may be waived by the city manager or his or her designee when such permits are for a city sponsored event, so long as the applicant shows proof of current alcohol licenses and pouring/server permits. The following permits may be issued: (a) Special event alcohol permit. (1) Existing Milton on-premises licensee. or licensed standard on-premises consumption retailer or licensed off-premises package retailer qualified under state law. (2) Non-licenseeNon-profit civic organization. (b) Grand opening/annual promotion permit. (c) Public facilities event alcohol permit. (d) Catered event permit. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐73—4‐74. ‐ Reserved.  DIVISION 2. ‐ SPECIFIC REQUIREMENTS FOR CERTAIN LICENSE TYPES   226 Section 8, Item A. Sec. 4‐75. ‐ Reserved.  Sec. 4‐76. ‐ License prohibited for liquor package sales in connection with certain establishments.   No retail license for the sale of liquor by the package shall be allowed in or in connection with any business holding a license for any type of on-premises consumption. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐77. ‐ Limited sales or consumption on‐premises licenses.   Certain establishments that do not possess a beer/wine/liquor consumption on-premises license or a beer/wine consumption on premises license may be qualified to obtain licenses that allow for limited service or sale of certain alcoholic beverages for on-premises consumption. See sec 4-88. as follows: (a) "Bring your own beverage" (BYOB) license (no pre-existing on-premises license). A "bring your own beverage" license is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold on-premises 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 one hour before close. Sunday from 12:30 p.m. until one 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-premises retailers who do not also hold an on-premises 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-premises 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-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: a. The establishment may not sell liquor by the package. b. 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. c. 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. d. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. 227 Section 8, Item A. e. No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. g. 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. h. 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. (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 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-premises 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 or fewer beer taps. (2) The establishment must gain approval from the fire marshal 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-premises consumption dealers. (6) A limited tap establishment is not eligible to also hold a package or BYOB license. (d) Courtyard market license: Allows owner or property manager of a commercial or retail center that meets the requirements of a courtyard market to hold events or have free-standing vendors sell or serve alcohol within a designated courtyard area on the licensed premises without being required to obtain a separate special event alcohol permit. The applicant for a courtyard market license shall show by plat or survey, submitted with the license application, the physical 228 Section 8, Item A. 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. (de) 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-premises 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-premises consumption. (3) In order to be eligible for a consumption on-premises license, a special events facility must: a. Be available to public or private groups of persons; b. 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 c. Be open to or attended by invited or selected guests or paying patrons; or d. Be a sports complex situated in conformance with the city's zoning ordinances. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐78—4‐83. ‐ 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 each brewpub licensee shall comply with all other applicable state and local license requirements. (b) In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an eating establishment as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or growler or crowler, shall be included. (c) A brewpub licensed under this chapter may engage in the retail sale of beer for off-premises consumption, so long as beers sold by the package by the brewpub are manufactured on site, subject to the limitations of state law and this section. (d) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer per day. 229 Section 8, Item A. (3) Operate a restaurant that shall be the sole retail outlet for such beer provided directly for on-premises consumption (not through a wholesaler). Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on-premises by this article, including beer, wine and liquor, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on- premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled beer from licensed wholesalers for consumption on-premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on-premises or by the package, as 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-premises consumption retailer for the purpose of resale. (5) Notwithstanding any other provision of this section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on-premises consumption retailers (6) Be issued a tasting license. The holder of a hybrid license will receive an ancillary tasting license at no additional cost. (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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 an approved 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 for consumption on-premises or in closed packages for consumption off-premises inside or adjacent to athe approved tasting room not to extend beyond 20 feet from the approved tasting room in any direction. 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 licenseThe holder of a hybrid license will receive an ancillary tasting license at no additional cost. 230 Section 8, Item A. (e) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (f) Licenses issued. The alcoholic beverage licenses which are issued to farm wineries under a farm winery license issued under this chapter 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 approved 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 conducted inside, or adjacent to the approved tasting room (consumption shall not to extend beyond 20 feet from the approved tasting room in any direction). 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-premises 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- premises. (45) 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 (unless altered by the terms of a conditional use permit): (1) Monday through Saturday, from 911:00 a.m. until 108:00 p.m. (2) Sunday from 12:30 p.m. until 107:00 p.m. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (i) Applicable provisions. The provisions of this chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof. (j) Licensing limitations. The tasting license created in accord with this article shall be limited to the approved farm winery tasting rooms on-site, 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. In addition, the licensee must provide a copy of the renewed State license by January 31st annually, ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 231 Section 8, Item A. 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. A separate Sunday sales license will be required for consumption on-premises licenses and consumption off-premises licenses. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐87. ‐ Alcoholic beverage caterers.   (a) License and permit requirements for resident alcoholic beverage caterers. (1) Any licensed standard on-premises consumption retailer or licensed off-premises package retailer qualified under state law off-premises or on-premises alcohol beverage licensee within the city may apply for an alcoholic beverage catering license that, when utilized in compliance with state law and upon receipt of a catered event permit, permits the transport, delivery and sale of alcoholic beverages for service and consumption at private functions on private property, at duly licensed special events and at assembly halls or special events facilities. (2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license shall be set by resolution of the mayor and city council, and this fee shall remain in effect until modified or amended by subsequent resolution. (b) It shall be prohibited for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off-premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein and as regulated by state law and the Georgia Department of Revenue. (c) Catered event permit approval. In order to distribute or sell beer, wine or liquor to or at a catered function within the city, a licensed alcoholic beverage caterer shall file an application for a catered event permit with the city manager or his or her designee. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local license numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other information the city deems necessary to review a request for such approval. There will be an annual fee set by city council for applications filed by resident caterers. Non-resident caterers must include with the application a copy of the caterer's current alcohol license and server permits from the non-resident caterer's home jurisdiction. For non-resident caterers, the fee for each permit shall be established from time to time by the mayor and city council as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state alcoholic beverage catering licenses as well as the original catered event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (e) It shall be prohibited for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the alcoholic beverage catering license and catered event permit. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain a server/seller alcohol permit required for alcohol. (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (h) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a 232 Section 8, Item A. non-resident caterer in the amount set forth in this chapter and shall be paid within 30 days after the conclusion of the catered event or function. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 beer and/or wine for consumption on-premises. A BYOB license may be issued to eating establishments that hold a standard on-premises 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 one hour before close, but no later than 1:00 a.m.. Sunday from 121:300 pa.m. until one hour before close, but no later than 10:00 p.m. if the establishment qualifies as an eating establishment. Hours for establishments with no existing alcohol beverage license If the establishment does not qualify as an eating establishment, are limited to Monday through Saturday from 9:00 a.m. until one hour before close, but no later than 10:00 p.m. aAlcoholic beverages may not be brought onto the premises of the establishment by patrons on Sundays. (2) Prohibited at any establishment other than (1) a standard consumption on-premises license holder or (2) no alcohol beverage license. Off-premises retailers who do not also hold an on-premises 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-premises 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-premises license. (4) Establishments that do not otherwise serve or sell alcohol and meet all requirements for a BYOB license under this chapter will receive a separate BYOB license. BYOB licenses may only be issued to establishments in a zoning district that allows such use. (5) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (6) Further requirements and prohibitions for an establishment holding a BYOB license include the following: a. The establishment may not sell liquor by the package. b. 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. c. 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. d. No alcohol may be brought onto the premises of a BYOB licensed establishment or consumed by a patron under 21 years of age. e. No alcohol may be brought onto the premises by a patron less than one hour prior to closing. f. All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. 233 Section 8, Item A. g. 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. h. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐90. ‐ Restaurant package sale license.   (a) Sale of beer and/or wine for consumption off-premises sold by a restaurant licensed for on-premises consumption is subject to the following provisions: (1) Beer and/or wine shall be properly labeled in accordance with this chapter and state law; (2) Beer and/or wine purchases may only be made in conjunction with a food purchase; (3) No more than one bottle of wine and/or one package of beer may be sold to a legally aged patron (desire to sell more than this quantity will require a retail package license); and (4) The price of beer and/or wine for consumption off-premises must be the same as the price for beer and/or wine consumed on premises. (b) Wine that has been opened for consumption on the premises may be removed from the premises by the patron only when the licensee has complied with the "Merlot to Go" provisions of section 4-134 of this chapter and state law governing the same. This subsection does not apply to beer that has been opened for consumption on the premises; (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-premises consumption retailer to obtain a license as an off-premises liquor retailer. (e) Notwithstanding any of the provisions of this section, on-premises 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐91. ‐ Craft beer and/or wine market license.   234 Section 8, Item A. 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 50 different beer and/or wine selections. (b) The establishment must meet the quantity restrictions and/or requirements as set forth in this chapter and specified by state law. The establishment shall meet all distance requirements for a consumption on-premises license as well as an off-premises beer and/or wine package license. (c) The primary purpose of the establishment must be one of the following: (1) the sale of craft beers and/or wine for consumption off-premises or (2) the sale of craft beers and/or wine for consumption off-premises in conjunction with the sale of prepared food and/or groceries. The establishment shall: (1) Have an interior floor space of which 60 percent or more is devoted to retail sales of craft beers and/or wine for consumption off-premises, food preparation, or grocery sales including shelving and displays; and (2) Maintain 60 percent of gross sales derived from retail package craft beer and or wine for off-premises consumption, prepared food and meals, groceries, or any combination thereof. (d) Sales of craft beers and wines may be for consumption on-premises and/or package (including growlers or crowlers). Although a craft beer and/or wine market is required to apply for a growler/crowler license in order to sell growlers or crowlers, the license fees for any such growler/crowler license will be waived for such establishments. (e) Craft beer and/or wine markets shall be permitted in areas currently zoned to allow for both on- premises and off-premises consumption and shall meet all distance requirements for both types of licenses. (f) Craft beers and wine consumed on the premises of a craft beer and/or wine market shall only be opened by the licensee or an employee of the craft beer and/or wine market. Craft beers and wine to be consumed on-premises shall not include growlers or crowlers or packaged beer. (g) No open containers of beer or wine shall be removed from the licensed premises unless otherwise specifically permitted by this chapter. (h) The sale of food is expressly permitted in a craft beer and/or wine market provided all applicable laws and regulations are complied with. (i) The hours during which beer and wine may be sold or consumed on the premises are limited to Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (j) The craft beer and/or wine market license is a supplement to, and not a substitute for, the off- premises sales license that would be required for such establishment. An ancillary tasting license will also be required if tasting events will be held. (k) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐92. ‐ Growlers or crowlers.   (a) The sale of growlers or crowlers requires a separate growler/crowler license. Brewpubs, craft beer and/or wine markets, eating establishments and restaurants may be licensed to sell growlers or crowlers if they meet all other requirements to hold an off-premises beer and/or wine package license. Establishments that sell liquor by the package are prohibited from also selling growlers or crowlers. 235 Section 8, Item A. (b) The filling of growlers or crowlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers or crowlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers or crowlers may be filled and made available for retail sale. (e) Each growler or crowler must be securely sealed and removed from the premises in its original sealed condition. (f) As with any other off-premises package license, unless the licensee holds a separate on-premises consumption license, consumption on-premises is strictly prohibited. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐93. ‐ Ancillary tasting.   (a) Ancillary tasting license. The holder of a hybrid or manufacturing license will receive an ancillary tasting license as part of its hybrid license at no additional cost. The holder of an off-premises retail license, manufacturing license or hybrid license may be eligible for a separate ancillary tasting license to provide samples of beer and/or wine it offers for sale by the package to patrons upon meeting all of the requirements specified in this chapter and paying the required fees. An ancillary tasting license may be utilized at an approved establishment only under the following conditions: (1) Sampling in a retail package store 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 wine appreciation and education. (2) Beer and/or wine tasting for patrons in a retail package store shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (3) Sampling for patrons shall not exceed two ounces per sample of beer/wine or one-half ounce of liquor, and no patron shall consume more than eight ounces of beer/wine or two ounces of liquor (or any proportional combination of the two)during a calendar day in any two-hour period. a. No patron shall consume more than one type of alcohol at a tasting during a calendar day. b. Liquor tasting are restricted to distilleries and micro-distilleries only. (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: a. Retail package stores: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 236 Section 8, Item A. b. Manufacturer license and hybrid license holders: must comply with hours of operation as outlined for each type of establishment. (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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) a Sec. 4‐94. ‐ Temporary alcoholic beverage licenses.   (a) Authority. The city manager is authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or liquor, subject to the conditions set forth in this section. (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the city manager, not to exceed 90 days. No such license shall be issued unless: (1) An application for a license is filed with the city manager and payment in full of the fee thereof has been deposited with, and cleared, the city's financial institution. (2) The city manager is satisfied that the location for the proposed license substantially complies with the provisions of this chapter authorizing such license in the city. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the city manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the city council. (d) Extension of temporary license. If, at least three 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 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 60 days and the city manager finds the factual circumstances surrounding the additional extension request to support the granting, then the city manager shall present the request to city council for consideration and approval or denial at the next regular session of city council. (e) No bearing on decision for license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a license. The city shall not be liable to the applicant if, for any reason, a license is not issued either prior to the expiration of the temporary license or not issued at all. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) DIVISION 3. ‐ SPECIFIC REQUIREMENTS FOR CERTAIN PERMIT TYPES   Sec. 4‐95. ‐ Special event alcohol permits.   (a) For existing consumption off-premises and/or on-premises licensed establishments. A special event alcohol permit may be issued to any establishment licensed to sell alcoholic beverages for consumption off-premises or on-premises to allow such establishment to sell alcoholic beverages for sale or 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- 237 Section 8, Item A. refundable fee, and, in relation to the special event alcohol permit, shall be required to comply with all licensing requirements associated with its consumption off-premises or 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-premises consumption license may not receive a special event alcohol permit for package sales for off-premises consumption. (b) For non-profit civic organizations. A special event alcohol permit may be issued to any non-profit organization for a period not to exceed the time permitted by the approved special event permit issued under chapter 64. The applicant must submit an application and pay the required non-refundable processing fee and shall be required to comply with all licensing requirements for a consumption on- premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this chapter, the holder of a special event alcohol permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event, sell sealed packaged beer and/or wine for off-premises 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. (1c) [Pouring Permit not required.] 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. (2d) [Special event criteria.] The special event must meet the following criteria prior to the issuance of a special event alcohol permit: (1a) 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. (b2) The special event must be associated with and benefit the cause of a non-profit charitable or civic organization. (e) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this chapter. (f) 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. (g) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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-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 238 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. (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 days for a public park and one 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 marshal, 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. 239 Section 8, Item A. (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 permits per calendar year shall be issued to an individual who is not a licensed caterer. (j) The city manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (k) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a public facilities event alcohol permit shall be cause for the denial or revocation thereof. (l) Except as set forth above in this section, a public facilities event alcohol permit holder must comply with all of the provisions set forth in this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐98. ‐ Catered event permit.   See section 4-87. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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-premises 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. 240 Section 8, Item A. (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-premises licensees. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 (3) Contain one 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 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-premises consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Liquor sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. 241 Section 8, Item A. (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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4-102 -Liquor selling establishments (a) Must be in compliance with chapter 64, including the requirement of a warrant. (b) May not sell or offer to sell any of the following: 1. Tobacco, CBD or vape products 2. Lottery tickets 3. Games of chance 4. Video games Secs. 4‐1032—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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐107. ‐ Definition of special districts.   For the purposes of this article only, the city's special districts are designated as follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached maps) and are defined as follows: The area of the city identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a special district, the entire licensed establishment shall be considered part of the special district, regardless of whether any portion of the licensed establishment is in a zoning district not included in the special district. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐108. ‐ Open container areas allowing outside consumption of alcoholic beverages.   242 Section 8, Item A. Notwithstanding any other provisions in this chapter, the following activities are specifically allowed within open container areas in the city's "special districts." (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on-premises whose entrance is located in a special district is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be 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 premisesconsumption on-premises establishment within the defined districts. A licensed premises will be deemed to be within the defined district if the entrance to the licensed premises is located within the district. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 243 Section 8, Item A. made effective immediately and shall remain in force until the city manager or chief of police determines the emergency no longer exists or until the next meeting of the city council, at which time the city council shall decide whether the suspension shall cease or be extended. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐118. ‐ 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐119—4‐124. ‐ Reserved.  DIVISION 2. ‐ OPERATING REGULATIONS   Sec. 4‐125. ‐ Hours and days of sale.   Alcoholic beverages shall only be permitted during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premises 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-premises 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-premises 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 one hour before closing but no later than 1:00 a.m. Sundays between the hours of 11:00 a.m. and 10:00 p.m. (e) BYOB. Monday through Saturday, from 9:00 a.m. until one hour before close. Sundays from 11:00 a.m. until one hour before close, but no later than 10:00 p.m. 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. (fe) Incidental service license, limited tap license, manufacturer license, craft beer and/or wine market, growler/crowler shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. Crowler/growler licensee may also serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. with a valid Sunday sales license. Incidental service license may serve on Sundays between the hours of 11:00 a.m. and 10:00 p.m. (gf) Farm winery. See sec 4-85 tasting license. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. and Sunday from 11:00 a.m. until 12:00 midnight. 244 Section 8, Item A. (gh) Wholesalers. Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers. Unless otherwise provided for in this chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to private clubs. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) State Law reference— Georgia Dept. of Rev. Regulations 560-2-3-.02. Sec. 4‐126. ‐ Maintenance and compliance of premises.   (a) The licensed premises shall be kept clean and shall be in full compliance with all city regulations governing the conditions of the premises, including but not limited to, compliance with the applicable sections of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All eating establishment and restaurant areas, including all tables, booths, and other areas where patrons are served and including all passageways for patrons, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all county and state health rules and regulations and report any violations to the city manager or his or her designee. (e) City fire personnel are authorized to regularly inspect the premises to see that they are in compliance with all city, county, and state fire regulations and report any violation to the city manager or his or her designee. (f) The city community development department is authorized to regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the city and county and report any violation to the city manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this chapter and report any violation to the city manager or his or her designee. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐127. ‐ Advertising; signs; pricing.   (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of an on-premises consumption dealer; or (3) In the windows of any licensed establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the city advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other 245 Section 8, Item A. merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to patrons on a regular printed menu. (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐128. ‐ Wholesaler and distributor registration and delivery requirements.   All wholesalers or distributors shall register and pay appropriate fees with the city and comply with this chapter before they can sell or deliver any alcoholic beverages to any establishment in the city. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor registered as set out in this chapter and shall at all times when deliveries are being made be subject to inspection by any and all duly authorized authorities of the city. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a valid retail license. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐129. ‐ Storage of alcoholic beverages by retailers.   All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no other place. All alcoholic beverages shall be available at all times for inspection by authorized city officials. Any brand or type of alcoholic beverages found in any retailer's stock that was not delivered to the licensed premises by an authorized wholesaler or distributor shall be subject to immediate confiscation. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐130. ‐ Conflicts with wholesaler or manufacturer prohibited.   No financial aid or assistance to any retail licensee hereunder from any wholesaler or manufacture of beer, wine or other alcoholic beverages shall be permitted. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐131. ‐ Requests for additional information.   The city manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐132. ‐ Single cans/bottles or other containers permitted for sale.   Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 246 Section 8, Item A. Sec. 4‐133. ‐ Tasting of samples by employees.   Notwithstanding any contrary term or prohibition in this chapter, in any retail package liquor store in which alcoholic beverages are legally sold in unbroken packages, tasting of alcohol samples by retail dealers and their employees is permitted to the extent allowed by O.C.G.A. § 3-3-26. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐134—4‐139. ‐ Reserved.  DIVISION 3. ‐ REGULATION OF EMPLOYEES; SELLER/SERVER PERMITS   Sec. 4‐140. ‐ Licensee to identify employees involved with alcoholic beverages.   It shall be the duty of the licensee to file with the city a list of the names, driver's license numbers, addresses and telephone numbers of all present employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐141. ‐ Restrictions on employment of underage persons.   (a) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. It shall be prohibited for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of retail package distilled spirits establishments must be at least 21 years of age. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premises beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off-premises if there is, at all times during which any person under 18 years of age is working and during hours within which alcoholic beverages are sold, either the licensee or at least one employee over the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. (c) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages, all such employees shall require proper age identification of any person attempting to purchase alcoholic beverages. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐142. ‐ Alcohol seller/server permits required; application process and conditions; appeals;  training.   The following regulations shall apply to all establishments holding an alcoholic beverage license other than non-profit special event alcohol permits and grand opening/annual promotion permits: (a) No person shall be employed or allowed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible to hold an alcohol seller/server permit. (b) This section shall not be construed to include volunteer groups with nonprofit tax-exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit 247 Section 8, Item A. organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. However, no volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No alcohol seller/server permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the city council, and a search of the criminal record of the seller/server is completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The chief of police or his or her designee shall have a complete search made relative to any police record of the seller/server seeking a permit. If there is no record of a violation that would preclude the individual from selling or serving alcohol under this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for sales and service of alcohol at the licensed location. If it is found that the person is not eligible, the chief of police or his or her designee shall notify the person, in writing, that he or she not eligible for an alcohol seller/server permit from the city, of the cause of such denial, and of the individual's right to appeal. Appeals shall be filed with the city manager and heard by the city council. (e) Crimes preventing the possession of an alcohol seller/server permit: Any individual seeking an alcohol seller/server permit shall submit to fingerprinting as part of a background investigation by the police department in connection with the application for the permit. No person shall be granted an alcohol seller/server permit who has, within five years of the date of applying for said permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involving: moral turpitude, illegal gambling, felony possession or sale of controlled substances, illegal possession or sale of alcoholic beverages (including sale or transfer of alcoholic beverages to minors in manner contrary to law), keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime. No person shall be granted an alcohol seller/server permit who, at the time of applying for an alcohol seller/server permit, is then on parole or probation for any of the criminal offenses identified in this subsection. No person shall be granted an alcohol seller/server permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall not be considered as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq.; provided, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the police department or the city manager's staff. (g) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the city for an alcohol seller/server permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. 248 Section 8, Item A. (h) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (i) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcohol seller/server permit. After 30 days of original application date, a new application and fee must be submitted. (j) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid city alcohol seller/server permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcohol seller/server permit. Training of permit holders. (1) Licensees shall provide regular information, the establishment's alcohol sale/service policies, and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages and do not appear to be legally intoxicated. Training shall also include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and the city's ordinances regarding the prohibitions against providing alcoholic beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. (2) Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. Evidence of such training records shall be made available upon request for inspection by the city. (k) Any establishment that has agents or employees acting in violation of this section may receive a fine and/or license suspension or revocation as set forth in this chapter for violations of this chapter. (l) Any individual working in a licensed establishment without the required permit may be charged with a misdemeanor and penalized accordingly and may also be prohibited from applying for an alcohol seller/server permit within the city for a period of time up to 60 days in the discretion of city council. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. 249 Section 8, Item A. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. See Sec. 4-108 for exceptions within open container areas in the city’s “special districts”. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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 250 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐156. ‐ BYOB prohibited except in licensed establishments.  See section 4‐77(a) for establishments  with no pre‐existing consumption on‐premises license and section 4‐88 for existing consumption on‐ premises licensees.   (a) It is prohibited for any person to bring an alcoholic beverage into any business establishment (regardless of whether the establishment holds a license to sell or serve alcoholic beverages), unless such establishment holds a valid BYOB license. (b) Where an establishment holds a BYOB license, in addition to all requirements in place for holding such license, the following requirements/prohibitions apply: (1) The establishment may not sell liquor by the package. (2) The licensee must have an established policy pertaining to BYOB practices. (3) BYOB beverages are limited to beer and wine, unless a patron has rented an entire section of the premises for a private function. (4) No alcohol may be brought onto the premises or consumed by a patron under 21 years of age. (5) No alcohol may be brought onto the premises by a patron less than one hour prior to closing. 251 Section 8, Item A. (6) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. (7) Any beer or wine opened and not completely consumed at a business establishment pursuant to a BYOB license shall be properly disposed of and not kept on the premises. (8) Employees of the establishment/licensee are prohibited from handling any patron's alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐158. ‐ Promotions and sales.   (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on-premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this section, "free" means free to the patron on behalf of the establishment. (2) Deliver more than two alcoholic beverages to one person at a time. For the purposes of this section, one alcoholic beverage shall be the equivalent of one 16-ounce beer, or one six-ounce glass of wine or one ounce of 100 proof spirits. a. Nothing herein shall prohibit a licensed establishment from offering a sampler of beer in containers not exceeding eight ounces. Each sampler shall not exceed four different types of beer. b. Nothing herein shall prohibit a licensed establishment from offering a sampler of wine in containers not exceeding three ounces. Each sampler shall not exceed four different types of wine. c. Nothing herein shall prohibit a licensed establishment from offering a sampler of liquor in containers not exceeding one-half ounce. Each sampler shall not exceed four different types of liquor. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. 252 Section 8, Item A. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that 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 or more legally aged persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This subsection shall not apply to incidental service licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one 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 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐159. ‐ Reserved.  253 Section 8, Item A. DIVISION 5. ‐ "UNDER 21" PROHIBITIONS   Sec. 4‐160. ‐ Furnishing to, purchasing of alcoholic beverages by persons under 21 years of age  prohibited; maintaining place where persons under 21 may purchase, drink, or possess alcoholic  beverages prohibited.   Refer to section 32-135 of the City of Milton Code of Ordinances, prohibited acts by persons under 21 years of age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐161. ‐ Purchase, consumption, possession by or for underage persons.   (a) It shall be prohibited for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be prohibited for any person to keep or maintain a place where persons under 21 years of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. (c) It shall be prohibited for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee and his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐162. ‐ Under‐age persons on licensed premises, employment of minors.   No licensee who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or spouse who is 21 years of age or older; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐164—4‐169. ‐ Reserved.  DIVISION 6. ‐ ACTIVITIES PROHIBITED ON PREMISES   Sec. 4‐170. ‐ Contents of bottles.   254 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐173. ‐ Types of entertainment—Attire and conduct prohibited.   (a) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in this section. (c) It shall be prohibited for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (1) and (2) of this section. (d) Failure to comply with this section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the city pursuant to this chapter. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 255 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐181. ‐ Audits.   (a) If the city manager deems it necessary to conduct an audit of the records and books of a licensee, he or she shall notify the licensee of the date, time and place of the audit. The city manager may designate the city's finance director or other designee to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this chapter. (b) All establishments licensed under this chapter must maintain the following records for five 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 256 Section 8, Item A. 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐183. ‐ Tax levied; reporting requirements; duties of dealers and wholesalers; prohibited sales and  deliveries; bonds; penalties.   (a) Scope of section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the city in the business of selling beer, wine and liquor, as defined under the laws of the state, there is imposed and levied upon all dealers described in this section within the city limits an 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 years for beer, wine, and liquor, and to be made available upon request to any duly authorized representative of the city. (2) Collect from each such retail dealer in the city limits at the time of delivery of the beer, wine, and liquor the amount of tax due under the terms of this article and to hold such amount in trust for the city until such amount is remitted to the city as provided in this section. (3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each calendar month make a verified and comprehensive report to the city manager or his or her designee, which shall correctly show all sales and deliveries of beer, wine, and liquor to or for retail dealers in the city limits for the month immediately preceding such report. Such report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this article, and such other information as may be called for by the city. This report shall be accompanied by remittance to the city for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this section, the city shall notify the party in writing; and if the reports are not made and the taxes remitted within five 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 15 percent per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent per month. (e) Prohibited retail sales. It shall be a violation of this section for any person to sell at retail within the city any beer, wine, or liquor on which the taxes provided for in this section have not been paid. This section shall also apply to farm wineries. 257 Section 8, Item A. (f) Prohibited deliveries. It shall be prohibited and a violation of this section for any wholesale dealer or distributor to deliver any beer, wine, or liquor to any retail dealer in the city without collecting the taxes provided for in this section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this section, or who shall assist any retail dealer in beer, wine, or liquor in the city to evade or avoid the payment of the taxes provided for in this section shall be punished as provided in this chapter and shall also be subject to having his/her license revoked. (h) Farm wineries. Wines sold at retail by a farm winery shall have levied thereon the excise tax that applies to wholesalers. farm wineries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (i) Distilleries. Liquor sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Breweries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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‐premises consumption  retailers.   (a) There is hereby levied and imposed a specific excise tax on the sale of liquor in the amount of three percent of the charge to the public (or the patron in the case of a catered event) for the beverage that contains the liquor; this does not include any sales tax. (b) The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in whole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. (c) The excise taxes provided for in this section shall be imposed upon and shall be paid by the on- premises 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 of the total amount due). 258 Section 8, Item A. (g) Excise taxes received after the tenth day of the month shall be charged a 15 percent 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a deficient or late filing penalty of $25.00 for each deficient reporting period. (b) There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½) gallons) and $12.00 per barrel (31 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c) There is levied an excise tax on all liquor produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. (d) Such tax shall be paid to the city no later than the 20th day of each month for the preceding month's production. A late payment penalty of 15 percent of the tax otherwise due plus interest shall be added to the amount due for any payment not received by the due date. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 tenth day of the following month. (2) Excise taxes received after the 20th day of the month shall be charged a 15 percent 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. 259 Section 8, Item A. (4) Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of liquor delivered, together with the price thereof and the tax collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for inspection by authorized representatives of the city. If requested by an authorized representative of the city, a copy of such records shall be attached to any reports requested or required by the city. (5) It shall be a violation of this chapter for any retail dealer to possess, own, hold, store, display or sell any wine or liquor on which such tax has not been paid. Wholesalers collecting the tax authorized in this section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b) There is levied an excise tax on all beer sold by wholesalers to retailers in the city at the rate of $0.05 per 12-ounce container and $6.00 for each container of tap or draft beer of 15½ gallons and in similar proportion for bottles, cans and containers of various sizes as follows: Size of Container  Tax Per Container  7‐ounce  $0.0291   8‐ounce  0.0333   12‐ounce  0.0500   14‐ounce  0.0583   16‐ounce  0.0666   32‐ounce  0.1333   Half barrel (15½ gallons) 6.00   One barrel (31 gallons)  12.00   All provisions as to excise tax in this section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent of the taxes collected which shall not apply to beer wholesalers. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐187—4‐189. ‐ Reserved.  260 Section 8, Item A. 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 per month, or fraction thereof, and a penalty of 15 percent 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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, to accrue monthly from the 20th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year 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 month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this Article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The city shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a city police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 return and shall be based upon any information which is or may come into the city's 261 Section 8, Item A. possession. Upon the basis of this estimate, the city shall compute and determine the amount required to be paid the city. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this chapter. (c) The city shall promptly give to the party written notice of the deficiency in the manner specified by 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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 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 15 percent 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Sec. 4‐194. ‐ Actions for collections; overpayment.   (a) At any time within three years after the delinquency of any amount due under this chapter, the city may bring an action in the courts of this state, any other state, or the United States in the name of the city to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the city, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the city, the licensee shall have three 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐195—4‐199. ‐ Reserved.  ARTICLE VII. ‐ WHOLESALERS  262 Section 8, Item A. DIVISION 1. ‐ GENERALLY   Sec. 4‐200. ‐ 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. ( Ord. No. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. (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 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. 20-12-462 , § 1(Exh. A), 12-21-2020) 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. 20-12-462 , § 1(Exh. A), 12-21-2020) Secs. 4‐203—4‐222. ‐ Reserved.   263 Section 8, Item A. Appendix A ‐ FEES AND OTHER CHARGES[1]   FEES AND OTHER CHARGES Section  Description  Conditions  Amount (in dollars)   Chapter 4—Alcoholic Beverages  4‐30(i)  License fees    See chapter 4, article III, division 1   4‐34  Processing fee— Administrative   $100.00/year   4‐36 (a) Posting on premises   $200.00  4‐36(b) Publication  Paid directly to sign vendor  4‐52(e)  Transfer license fee    $100.00   4‐64(b)1  Penalty for sale to underage  persons  For the first offense  A minimum fine of $500.00   4‐64(b)2  Penalty for sale to underage  persons   For the second offense in 24‐month  period  A minimum fine of $750.00   4‐64(b)3  Penalty for sale to underage  persons   For the third offense in 24‐month  period  A minimum fine of $1,000.00   4‐64(e)  Criminal penalties   In addition to available actions,  violators of chapter could be charged  criminal penalties   Not to exceed $1,000.00    Retail package license fees      4‐70(a)  Wine    $400.00/year   4‐70(a)  Beers (including growlers)    $400.00/year   4‐70(a)  Wine and beers    $800.00/year   4‐70(a)  Liquor    $3,000.00/year   4‐70(a)  Wine, beers and liquor    $3,800.00/year   4‐70(a)  Specialty gift shop license  (beer/wine)   $100.00/year   264 Section 8, Item A.  Consumption on Premises  (Standard)     4‐70(b)(1)  Wine  See 4‐70(f) for prerequisites  $650.00/year   4‐70(b)(1)  Beers  See 4‐70(f) for prerequisites  $650.00/year   4‐70(b)(1)  Wine and beers  See 4‐70(f) for prerequisites  $1,300.00/year   4‐70(b)(1)  Liquor  See 4‐70(f) for prerequisites  $3,200.00/year   4‐70(b)(1)  Wine, beers and liquor  See 4‐70(f) for prerequisites  $4,500.00/year    Consumption on Premises  (Limited)     4‐ 70(b)(2)(a)   "Bring your own beverage"  (BYOB) license (no pre‐ existing on‐premises  licensees)    $100.00/year   4‐ 70(b)(2)(b)  Incidental service license    $100.00/year   4‐ 70(b)(2)(c)  Limited tap license    $325.00/year   4‐ 70(b)(2)(d)  Courtyard market license   $250.00/year   4‐ 70(b)(2)(e)  Special events facility license    $250.00/year    Manufacturing      4‐70(c)(1)   Manufacturer's License   Brewery or distillery –  manufacturing    $400.00/year   4‐70(c)(1)   Manufacturer's License   Brewery or distillery –  consumption on‐premises   $50650.00/year   4‐70(c)(1)   Manufacturer's License   Brewery or distillery – retail  package sales   $400.00/year   265 Section 8, Item A. 4‐70(c)(2)   Manufacturer's license micro‐ brewery or micro‐distillery –  manufacturing    $200.00/year   4‐70(c)(2)   Manufacturer's license micro‐ brewery or micro‐distillery –  consumption on‐premises   $253250.00/year   4‐70(c)(2)   Manufacturer's license micro‐ brewery or micro‐distillery – retail package sales   $200.00/year    Hybrid      4‐70(d)(1)  Brewpub    $1,650.00/year   4‐70(d)(2)  Farm winery ‐ wholesale    $400.00/year   4‐70(d)(2)  Farm winery ‐ retail packages  sales   $400.00/year   4‐70(d)(2)  Farm winery ‐ consumption  on premises   $650.00/year    Add‐On License      4‐70(e)(1)  Sunday sales license   Retail package (standard)   $250.00/year   4‐70(e)(1)   Sunday sales license   Consumption on premises   (standard)    $500.00/year   4‐70(e)(1)   Sunday sales license   (When added to  crowler/growler license or  craft beer and/or wine market  license)    $25.00/year   4‐70(e)(2)  Resident caterer license   For currently licensed consumption on  premises or retail package  establishments   $150.00/year   4‐70(e)(2)  Non‐resident caterer license  For authorized event  $50.00/event   266 Section 8, Item A. 4‐70(e)(3)   "Bring your own beverage"  (BYOB) license (standard on‐ premises licensees)   See 4‐70(f) for prerequisite license  $100.00/year   4‐70(e)(4)  Limited food service  restaurant license  See 4‐70(f) for prerequisite license  $250.00/year   4‐70(e)(5)  Restaurant package sale  license  See 4‐70(f) for prerequisite license  $100.00/year   4‐70(e)(6)  Craft beer and/or wine  market license  See 4‐70(f) for prerequisite license  $250.00/year   4‐70(e)(7)  Growler/crowler license  See 4‐70(f) for prerequisite license  $100.00/year   4‐70(e)(8)  Ancillary tasting license  See 4‐70(f) for prerequisite license  $100.00/year    Permits      4‐72(a)  Special event alcohol permit  For currently licensed establishments  $250.00   4‐72(a)  Special event alcohol permit  For non‐profit civic organizations  $100.00   4‐72(b)  Grand opening/annual  promotions permit   No fee   4‐72(c)  Public facilities event alcohol  permit   $50.00/event   4‐72(d)  Catered event alcohol permit  For resident caterers No fee   4‐72(d) Catered event alcohol permit  For non‐resident caterers $50.00/event   Other      4‐94(c)  Temporary alcoholic beverage  license   25% of assessed annual fee   4‐99  Private clubs    See section 4‐70   4‐100  Hotel and hotel in‐room  service   See section 4‐70   4‐128  Wholesaler license fee  Located within the city limits       Wine  $400.00/year   267 Section 8, Item A.   Beers  $400.00/year     Wine and beers  $800.00/year     Distilled spirits  $3,000.00/year     Wine, beers and distilled spirits  $3,800.00/year   4‐128  Wholesaler license fee  Located outside of the city limits       Wine  $100.00/year     Beers  $100.00/year     Wine and beers  $100.00/year     Liquor  $100.00/year     Wine, beers and liquor  $100.00/year   4‐142(c)  Pouring permit  Investigative fee  $60.00/every 2 years   4‐142(i)  Pouring permit replacement     If within 30 days of original application date,  then fee is $7.50. If after 30 days of original  application, new application and fee must be  submitted (see 4‐235).   4‐184(a)  Excise tax on liquor by the  drink   3% of the charge to the public for the beverage   4‐185(b)   Excise tax on all beer  produced by a brewpub,  brewery, or micro‐brewery     $6.00 per half barrel (15½ gallons) and $12.00  per barrel (31 gallons), $0.05 per 12 ounces  and a proportionate tax at the same rate on all  fractional parts of 12 ounces   4‐185(c)   Excise tax on all liquor  produced by a distillery or  micro‐distillery     $0.22 per liter or [$0.0065] per ounce, and a  proportionate tax at the same rate on all  fractional parts of a liter   4‐185(d)  Penalty for late excise tax  payment   15% of the tax otherwise due   4‐186(a)  Wholesale excise tax on liquor     $0.22 per liter of liquor, and a proportionate  tax at the same rate on all fractional parts of a  liter   268 Section 8, Item A. 4‐186(a)  Wholesale excise tax on wine     $0.22 per liter of wine, and a proportionate tax  at the same rate on all fractional parts of a liter   4‐186(b)  Wholesale excise tax on beers  Container types       When beers are sold in or from a  barrel or bulk container   $6.00 on each container sold containing not  more than 15½ gallons and a proportionate tax  at the same rate on all fractional parts of 12  ounces      When beers are sold in bottles, cans,  or other containers other than barrel  or bulk containers   $0.05 per 12 ounces and a proportionate tax at  the same rate on all fractional parts of 12  ounces   4‐191(b)  Interest on deficiency of  wholesale or retail excise tax   See section 4‐171(b)   4‐191(c)  Penalty on deficiency due to  fraud   25% of the amount required to be paid   4‐192(b)  Penalty for failure to file  return   For any deficiency which is determined  to be made due to fraud, or intent to  evade this chapter   25% of the amount required to be paid   4‐193(b)  Penalty for failure to pay tax   Any party who fails to pay the tax  herein imposed by the city, or fails to  file any required tax return to the city,  within the time required   15% of the tax, or amount of the tax and  interest, due the city     269 Section 8, Item A. STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4 OF THE MILTON CODE OF ORDINANCES (ALCOHOLIC BEVERAGES) AND APPENDIX A OF THE MILTON CODE OF ORDINANCES TO UPDATE AND CLARIFY REQUIREMENTS FOR ALCOHOLIC BEVERAGE LICENSING IN THE CITY OF MILTON The Council of the City of Milton hereby ordains, while in a regularly called council meeting on October 18, 2021 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 amend various sections of the Alcohol Code pertaining to the requirements and licensing of establishments; to provide for and modify certain definitions; 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. [EXECUTED ON FOLLOWING PAGE] 270 Section 8, Item A. ORDAINED this the 18th day of October, 2021. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Tammy Lowit, City Clerk 271 Section 8, Item A. Exhibit A 272 Section 8, Item A. Exhibit B 273 Section 8, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution to Enact a Moratorium – for 120 Days – on the Acceptance of Alcohol Applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants in the City of Milton MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X October 4, 2021 X 274 Section 12, Item A. STATE OF GEORGIA RESOLUTION NO. ___________ COUNTY OF FULTON RESOLUTION OF THE CITY OF MILTON ENACTING A MORATORIUM ON THE ACCEPTANCE OF ALCOHOL APPLICATIONS FOR CRAFT BEER AND/OR WINE MARKETS, LIMITED TAP ESTABLISHMENTS, AND LIMITED SERVICE RESTAURANTS IN THE CITY OF MILTON WHEREAS, the City of Milton, Georgia (“City”) is a duly formed political subdivision of the State of Georgia, with all the powers attendant thereto; and WHEREAS, the City desires to modify its alcoholic beverages code regarding licensing consumption on-premises establishments that do not qualify as an eating establishment; and WHEREAS, the City finds that instituting and imposing a moratorium (the “Moratorium”) on the acceptance of alcohol applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants within the City will preserve and maintain the status quo, while allowing the City sufficient time to draft amendments to its alcoholic beverages code regarding Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants without such uses becoming licensed until the alcoholic beverage code amendment process occurs; and WHEREAS, the City finds that a one-hundred twenty (120) day Moratorium on consideration of new alcohol applications is in the best interest of the public and is a reasonable and necessary use of the City’s police power; and WHEREAS, the Moratorium on consideration of new alcohol license applications shall not be construed as to prohibit consideration of alcohol license applications submitted prior to the passage of this Resolution, nor to applications for the renewal of existing alcohol licenses. NOW THEREFORE, BE IT RESOLVED, 275 Section 12, Item A. 1. The City of Milton hereby adopts a one-hundred twenty (120) day Moratorium barring the acceptance of new alcohol license applications for Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants within the City of Milton; and 2. If not renewed or extended by the City Council following a public hearing, the Moratorium imposed by this Resolution shall terminate upon any of the following: (1) the passage of one-hundred twenty days from adoption of this Resolution on February 1, 2022; (2) adoption of an amendment to the alcohol beverage code regarding Craft Beer and/or Wine Markets, Limited Tap Establishments, and Limited Service Restaurants, as contemplated herein; or (3) action by the City Council otherwise terminating the Moratorium. SO RESOLVED, the public health, safety and welfare demanding it, this 4th day of October 2021. Approved: __________________________________ Joe Lockwood, Mayor Attest: [SEAL] ________________________________ City Clerk 276 Section 12, Item A. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Adopting the City of Milton Comprehensive Plan 2040 MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X October 4, 2021 X X 277 Section 12, Item B. To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Date: Submitted on September 20, 2021 for the October 4, 2021 Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the City of Milton Comprehensive Plan 2040 __________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton adopted its 2030 Comprehensive Plan Update 2016 on October 17, 2016. Per the regional and State planning requirements, the City is required to prepare and submit a five-year update of its Comprehensive Plan by October 31, 2021. With the assistance of TSW planning consultant Laura Richter, Community Development Staff, and the Comprehensive Plan Advisory Committee (CPAC), the planning process got underway in November 2020 beginning with a Public Kick-Off Meeting on December 10, 2020. Subsequent CPAC meetings and community engagements and events were held to discuss and gather feedback. A total of eight CPAC Work sessions, two Virtual Public Workshops, two Pop-Up Events, three Community Education Sessions, and Draft Plan Open House were completed. Further, the Draft Comprehensive Plan 2040 was presented and discussed at the June 21, 2021 joint CPAC and City Council work session. The required 30 day public comment period was held from June 26th to July 26th, 2021. Feedback derived from the work session and public comment period were considered by CPAC and resulted in the revised Draft Plan dated July 30, 2021. On August 2, 2021 the City Council approved a resolution to transmit the Draft Comprehensive Plan 2040 for State and Regional review. On August 27, the Atlanta Regional Commission and the Georgia Department of Community Affairs determined that the Comprehensive Plan 2040 conforms to the Minimum Standards for Local Comprehensive Planning. 278 Section 12, Item B. Funding and Fiscal Impact: None Alternatives: None Legal Review: Paul Frickey, Jarrard & Davis (09-19-2021) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Comprehensive Plan 2040 (Exhibit “A”) Resolution to Adopt the Plan 279 Section 12, Item B. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON COMPREHENSIVE PLAN 2040 WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC), plus one two City Council liaisons, were appointed by the Mayor and Council to review and assist in the development of the City of Milton Comprehensive Plan 2040; and WHEREAS, the preparation of the City of Milton Comprehensive Plan 2040 was initiated in the Summer of 2020 with the assistance of Tunnell-Spangler-Walsh & Associates (TSW); and WHEREAS, the City of Milton completed the City of Milton Comprehensive Plan 2040 (a copy of which is attached hereto as Exhibit “A”) as the State required five-year update; and WHEREAS, the draft City of Milton Comprehensive Plan 2040 was prepared by TSW with funds provided by the City of Milton, in accordance with the Standards and Procedures for Local Comprehensive Planning established by the Georgia Planning Act of 1989, and the required public hearings were held on December 10, 2020 and August 2, 2021; and WHEREAS, the draft City of Milton Comprehensive Plan 2040 was submitted and reviewed by the Atlanta Regional Commission and the Georgia Department of Community Affairs in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989; and WHEREAS, the Atlanta Regional Commission and Georgia Department of Community Affairs have reviewed the City of Milton Comprehensive Plan 2040, and found it to be in compliance with all State and Regional requirements; BE IT THEREFORE RESOLVED, that the City Council does hereby adopt the City of Milton Comprehensive Plan 2020 attached hereto as Exhibit “A”. RESOLVED this 4th day of October 2021. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk 280 Section 12, Item B. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Adopting the Capital Improvements Element (CIE) 2021 Annual Update Relating to the City’s Impact Fee Program MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X October 4, 2021 X X X 281 Section 12, Item C. To: Honorable Mayor and City Council Members From: Robert Buscemi, Community Development Date: Submitted on September 20, 2021 for the October 4, 2021 Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the Capital Improvements Element (CIE) 2021 Annual Update Relating to the City’s Impact Fee Program __________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual Update is required per the Georgia Department of Community Affairs (DCA). The 2021 CIE Annual Update contains the five-year project lists for impact fee eligible items based on the adopted 2015 CIE. The CIE 2021 Annual Update was prepared by the city’s impact fee consultants, Ross+ Associates. The document was reviewed by staff and presented at the August 2, 2021 Council Meeting. A public hearing was held on August 16, 2016 and the Council approved a resolution to transmit the draft CIE 2021 Annual Update for state and regional review. On September 8, 2021, the Atlanta Regional Commission and the Georgia Department of Community Affairs determined that the CIE 2021 Annual Update is consistent with the Development Impact Fee Compliance Requirements and the Minimum Planning Standards and Procedures for Local Comprehensive Planning. Funding and Fiscal Impact: None Alternatives: None Legal Review: Paul Frickey, Jarrard & Davis (09-19-2021) 282 Section 12, Item C. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Capital Improvements Element 2021 Annual Update (Exhibit “A”) Approval Letter (Exhibit “B”) Resolution to Adopt the Plan 283 Section 12, Item C. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENTS ELEMENT 2021 ANNUAL UPDATE WHEREAS, the City of Milton previously adopted a Capital Improvements Element as an amendment to the Milton Comprehensive Plan; and WHEREAS, the City of Milton has prepared a 2021 Annual Update to the adopted Capital Improvements Element (a copy of which is attached hereto as Exhibit “A”), which incorporates an impact fee financial report for FY 2020; and WHEREAS, the draft Capital Improvements Element 2021 Annual Update was prepared, submitted and reviewed in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989; and WHEREAS, the Atlanta Regional Commission and Georgia Department of Community Affairs have reviewed the Capital Improvements Element 2021 Annual Update and found it to be in compliance with all State and Regional requirements (a copy of the approval letter dated September 8, 2021 is attached hereto as Exhibit “B”); BE IT THEREFORE RESOLVED that the City Council does hereby adopt the Capital Improvements Element 2021 Annual Update (a copy of which is attached hereto as Exhibit “A”), as per the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 4th day of October, 2021. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Tammy Lowit, City Clerk 284 Section 12, Item C. Capital Improvements Element 2021 Annual Update Fiscal Year 2020 (10/1/19—9/30/20) Financial Report & Community Work Program City of Milton, Georgia October 4, 2021 Adoption 285Section 12, Item C. Introduction City of Milton 2021 CIE Annual Update _________________ 10/4/21 Adoption __________________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Devel-opment Impact Fee Act (DIFA) and the De-partment of Community Affairs (DCA) docu-ments Development Impact Fee Compliance Requirements and Standards and Proce-dures for Local Comprehensive Planning. These three documents dictate the essential elements of an Annual Update, specifically the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Require-ments, the Annual Update: “must include: 1) the Annual Report on impact fees required under O.C.G.A. 36-71-8; and 2) a new fifth year schedule of improvements, and any changes to or re-visions of previously listed CIE projects, including alterations in project costs, pro-posed changes in funding sources, con-struction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improvements Ele-ment, as adopted by the City September 21, 2015. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program requirements in a previous version Financial Report The Financial Report included in this document is based on the require-ments of DIFA, specifically: “As part of its annual audit process, a municipality or county shall pre-pare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.” (O.C.G.A. 36-71-8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The sta-tus of all impact fee projects, by public facility category, is shown on the ta-bles on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo-ber 1 to September 30. of the Standards and Procedures for Local Com-prehensive Planning. The correct current de-scription is found at Chapter 110-12-1-Schedule of Improvements In addition to the financial report, the City has prepared a five-year schedule of im-provements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2-.03(2)(c)), which states that local govern-ments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1. According to DCA’s requirements,2 the CWP must include: A brief description of the activity; Legal authorization, if applicable; Timeframe for undertaking the activity; Responsible party for implementing the activity; Estimated cost (if any) of implementing the activity; and, Funding source(s), if applicable. All of this information appears in the Com-munity Work Program portion of this docu-ment, beginning on page 7..04(2)(b)1. 2 Chapter 110-12-1-.03(3). 286Section 12, Item C. Financial Report City of Milton 2021 CIE Annual Update ________________ 10/4/21 Adoption ___________________________________________ page 2 IMPACT FEES FINANCIAL REPORT – CITY OF MILTON, GA Fiscal Year 2021 City of MiltonPublic FacilityParks & RecreationFire ProtectionLaw EnforcementRoadsAdminis- tration 1TOTALImpact Fee Fund Balance October 1, 20192,492,082.07$ 253,632.65$ 60,012.33$ 165,135.46$ 33,331.34$ 3,004,193.85$ Impact Fees Collected (October 1, 2019 through September 30, 2020)658,800.60$ 60,593.16$ 10,574.32$ 76,354.25$ 24,190.03$ 830,512.36$ Subtotal: Fee Accounts3,150,882.67$ 314,225.81$ 70,586.65$ 241,489.71$ 57,521.37$ 3,834,706.21$ Accrued Interest1,467.32$ 130.83$ 22.81$ 163.90$ 53.55$ 1,838.41$ (Impact Fee Refunds)-$ -$ -$ -$ -$ -$ (Expenditures)(895,335.99)$ -$ (70,012.11)$ (234,135.38)$ (8,452.00)$ (1,207,935.48)$ Impact Fee Fund Balance September 30, 20202,257,014.00$ 314,356.64$ 597.35$ 7,518.23$ 49,122.92$ 2,628,609.14$ Impact Fees Encumbered2,257,014.00$ 314,356.64$ 597.35$ 7,518.23$ 49,122.92$ 2,628,609.14$ Annual Impact Fee Financial Report - Fiscal Year 20201 3% of the fees collected for the public facility categories represents 99.999% of the collected Adminstration fees due to a rounding error in the automated collection system. The 36₵, which is an overage of only .001%,will be accounted for in next year's report. 287Section 12, Item C. Financial Report City of Milton 2021 CIE Annual Update ________________ 10/4/21 Adoption ___________________________________________ page 3 Public Facility:Responsible Party:Parks and Recreation DepartmentService Area:Project DescriptionProject Start DateProject End DateLocal Cost of Project*Maximum % of Funding from Impact FeesMax Funding from Impact Fees*FY 2020 Impact Fees ExpendedImpact Fees Expended (Previous Years)Total Impact Fees Expended to DateImpact Fees Encumbered Status/RemarksPark Land (455 acres)2017 203568,665,646.59$ 67.39%46,275,786.85$ 895,335.99$ 856,396.45$ 1,751,732.44$ $ 1,209,192.00 Trailhead Park, Mayfield Farm Park, Milton County Club, Cox Road ComplexConservation Easements (2747 ac)2017 203537,687,219.02$ 41.44% 15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 203522,637,026.35$ 41.39% 9,369,796.00$ -$ -$ Baseball Fields (8)2022 20352,416,978.76$ 63.80% 1,541,931.23$ -$ 12,760.00$ 12,760.00$ BUMC baseball field leaseFootball/Soccer/Lacrosse (2)2022 2035277,625.94$ 89.85%249,433.52$ -$ -$ 1,017,108.00$ Basketball Courts (11)2023 2035898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 20351,665,755.63$ 42.89%714,408.29$ -$ 21,445.00$ 21,445.00$ Broadwell ParkPicnic Shelters / Pavilions (34)2022 20354,997,266.90$ 42.89% 2,143,224.88$ -$ -$ Community Centers (4)2023 20352,605,646.33$ 42.53%1,108,195.49$ -$ -$ Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48% 26,419,298.43$ -$ -$ 30,714.00$ 204,047,252.94$ 103,817,254.24$ $895,335.99 890,601.45$ 1,785,937.44$ 2,257,014.00$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated basedon the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can beexpended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process.Parks and RecreationCity-Wide288Section 12, Item C. Financial Report City of Milton 2021 CIE Annual Update ________________ 10/4/21 Adoption ___________________________________________ page 4 Public Facility:Responsible Party:Fire Department / AdministrationService Area:Project DescriptionProject Start DateProject End DateLocal Cost of Project*Maximum % of Funding from Impact FeesMax Funding from Impact Fees*FY 2020 Impact Fees ExpendedImpact Fees Expended (Previous Years)Total Impact Fees Expended to DateImpact Fees Encumbered Status/RemarksEmergency Warning Sirens2014 2035 216,329.00$ 41.44% 89,646.74$ -$ -$ Recoupment costs for existing sirensStorage Facility 2017 2019 267,096.40$ 100.00%267,096.40$ -$ 40,251.00 40,251.00$ -$ CompletedFire Station 42 Replacement2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 314,356.64$ Training Facility2017 2017 430,176.66$ 100.00%430,176.66$ -$ 50,000.00$ 50,000.00$ CompletedWestside Fire Station 2024 2026 1,501,562.50$ 100.00%1,501,562.50$ -$ -$ Hwy 9 Fire Station 2017 2020 1,194,623.89$ 66.67%796,455.75$ -$ -$ CompletedGeneral Vehicle2015 2015 38,609.80$ 100.00% 38,609.80$ -$ -$ CompletedHeavy Vehicle2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ CompletedGeneral Vehicle2022 2022 39,442.62$ 100.00% 39,442.62$ -$ -$ Heavy Vehicle2018 2018 462,839.28$ 100.00% 462,839.28$ -$ -$ CompletedGeneral Vehicle2022 2022 40,725.67$ 100.00% 40,725.67$ -$ -$ Heavy Vehicle2022 2022 477,895.17$ 100.00% 477,895.17$ -$ -$ CompletedGeneral Vehicle2024 2024 42,050.45$ 100.00% 42,050.45$ -$ -$ Heavy Vehicle2024 2024 493,440.83$ 100.00% 493,440.83$ -$ -$ Heavy Vehicle2027 2027 509,492.17$ 100.00% 509,492.17$ -$ -$ General Vehicle2029 2029 43,884.11$ 100.00% 43,884.11$ -$ -$ Heavy Vehicle2030 2030 526,065.66$ 94.36% 496,408.38$ -$ -$ General Vehicle2033 2033 45,797.72$ 94.36% 43,215.84$ -$ -$ Heavy Vehicle2033 2033 543,178.27$ 0.00% -$ -$ -$ General Vehicle2034 2034 47,287.49$ 0.00% -$ -$ -$ 8,762,807.58$ 6,781,706.20$ -$ 90,251.00$ 90,251.00$ 314,356.64$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated basedon the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can beexpended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process.NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2020 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects.VehiclesFire ProtectionCity-wideFacilities289Section 12, Item C. Financial Report City of Milton 2021 CIE Annual Update ________________ 10/4/21 Adoption ___________________________________________ page 5 Public Facility:Responsible Party:Police Department / AdministrationService Area:Project DescriptionProject Start DateProject End DateLocal Cost of Project*Maximum % of Funding from Impact FeesMax Funding from Impact Fees*FY 2020 Impact Fees ExpendedImpact Fees Expended (Previous Years)Total Impact Fees Expended to DateImpact Fees Encumbered Status/RemarksLaw Enforcement Center, Phase 12016 2017 30,947.62$ 41.44% 12,825.42$ -$ - -$ Completed Law Enforcement Center, Phase 22018 2018 1,729,358.54$ 41.44% 716,686.51$ -$ - -$ Completed Law Enforcement Center, Phase 32019 2022 2,738,978.49$ 41.44% 1,135,096.56$ 70,012.11$ - 70,012.11$ 597.35$ Police building4,499,284.65$ 1,864,608.49$ 70,012.11$ -$ 70,012.11$ 597.35$ *All costs are Net Present Value per CIE adopted September 21, 2015. Maximum funding based on percent impact fee eligible.When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated basedon the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can beexpended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process.Law EnforcementCity-wide290Section 12, Item C. Financial Report City of Milton 2021 CIE Annual Update ________________ 10/4/21 Adoption ___________________________________________ page 6 Public Facility:Responsible Party:Public WorksService Area:Project DescriptionProject Start DateProject End DateLocal Cost of Project*Maximum % of Funding from Impact FeesMax Funding from Impact Fees*FY 2020 Impact Fees ExpendedImpact Fees Expended (Previous Years)Total Impact Fees Expended to DateImpact Fees Encumbered Status/RemarksIntersection-Hopewell/Francis/Cogburn2014 2014 992,103.00$ 40.1% 397,918.39$ -$ -$ CompleteIntersection-Deerfield Pkwy @ Morris Rd2014 2014 85,206.00$ 40.1% 34,174.91$ -$ -$ CompleteIntersection-Bethany @ Cogburn2014 2014 446,923.00$ 40.1% 179,254.45$ -$ -$ CompleteIntersection-Arnold Mill @ New Providence2014 2014 313,300.00$ 40.1% 125,660.17$ -$ -$ CompleteIntersection-Birmingham @ Providence2014 2014 852,581.00$ 40.1% 341,958.10$ -$ -$ CompleteIntersection-Hopewell @ Birmingham**2015 2015 1,700,234$ 40.1% 681,939.66$ -$ 96,000.00$ 96,000.00$ CompleteIntersection-Crabapple @ Birmingham2014 2018 1,353,263.94$ 40.1% 542,774.90$ -$ -$ CompleteTransportation Master Plan Update2015 2016 231,044.84$ 40.1% 92,668.80$ -$ -$ CompleteMcGinnis Ferry Interchange2015 2015 51,343.30$ 40.1% 20,593.07$ -$ -$ Forsyth/GDOT to fund interchange, City to tie in with the Morris Rd widening projectCrabapple NE Connector Rd2017 2020 2,581,434.50$ 40.1% 1,035,376.64$ -$ -$ CompleteBridge Replacement Program2014 2035 2,445,358.07$ 40.1% 980,798.32$ -$ -$ 7,518.23$ Ongoing ProgramIntersection-Freemanville @ Providence/B'ham2015 2022 2,409,375.80$ 40.1% 966,366.34$ 234,135.38$ 205,961.08$ 440,096.46$ Phase 1 CompletePhase 2 in 2022Intersection-SR9 @ Bethany Bend2014 2026 173,168.05$ 40.1% 69,455.24$ -$ -$ GDOT to fund short term and long term improvementsIntersection-Webb Rd Turn Lanes2015 2015 189,970.20$ 40.1% 76,194.34$ -$ -$ CompleteIntersection-Bethany @ Providence2016 2023 1,794,032.06$ 40.1% 719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bend/ Way2015 2022 3,346,503.60$ 40.1% 1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2024 123,223.91$ 40.1% 49,423.36$ -$ -$ Phase 1 CompletePhase 2 in 2024Intersection-Hopewell @ Hamby2020 2022 1,412,239.23$ 40.1% 566,429.05$ -$ -$ Intersection-Hopewell @ Thompson2021 2022 1,439,668.46$ 40.1% 577,430.53$ -$ -$ Crabapple SE Connector2025 2025 180,587.44$ 40.1% 72,431.05$ -$ -$ Concept study to determine future costsHopewell/Hamby Road Widening2030 2030 7,991,049.35$ 40.1% 3,205,096.16$ -$ -$ Morris Road Widening2024 2024 9,125,056.76$ 40.1% 3,659,930.39$ -$ -$ 39,237,666.52$ 15,737,669.56$ 234,135.38$ 301,961.08$ 536,096.46$ 7,518.23$ *All costs are Net Present Value per CIE adopted September 21, 2015, except as noted with " ** ", which are actual costs. Maximum funding based on percent impact fee eligible.When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated basedon the Level of Service standards in the Capital Improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can beexpended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.**Actual cost figures related to impact fee funding shown for this project.NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process.NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2020 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects.RoadsCity-wide291Section 12, Item C. Community Work Program City of Milton 2021 CIE Annual Update _____________ 10/4/21 Adoption _____________________________________ page 7 The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2022-2026, and thereby amends the master Community Work Program (CWP) in the Comprehensive Plan. 2022-2026 Community Work Program – Impact Fee Eligible Projects Project Description20222023202420252026Responsible PartyCost EstimateFunding Sources Notes/ ExplanationParks & RecreationContinue land acquisition program for park landsx x x x xParks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond IssueOn-going debt service to bondsContinue acquisition program for conservation easements and multi-use trailsx x x x xParks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi-use trails; Bond issueOn-going debt service to bondsConstruction of multi-use trailsx x x x xParks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General FundOn-going annuallyDesign and improve Providence Park: 1 Playground (structured)1 Pavilion / Picnic Shelter1 Multi-Use Trail (1 mi. est.)4 Baseball Fieldsx x x xParks and Recreation$1,208,489 63.79% impact fees; General Fund4 fields total to be constructed over several yearsParks and Recreation$881,25042.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fundx x292Section 12, Item C. Community Work Program City of Milton 2021 CIE Annual Update _____________ 10/4/21 Adoption _____________________________________ page 8 Project Description20222023202420252026Responsible PartyCost EstimateFunding Sources Notes/ ExplanationParks & Recreation con't2 Football/Soccer/LacrossexParks and Recreation$277,626 89.85% impact fees; General Fund2 Basketball Courtsx xParks and Recreation$163,309 42.18% impact fees; General Fund1 Playground (Structured)xParks and Recreation$21,012 42.89% impact fees; General Fund1 Picnic Shelter / PavilionxParks and Recreation$63,036 42.89% impact fees; General FundDesign and construct a community centerx x xParks and Recreation$651,412 42.53% Impact Fees; General FundPreparation of concept plans could begin in 2023FireReplace Fire Station 42 xFire/ Administration$1,389,24340% impact fees; General FundCompletion in 2022Construct Westside Fire Stationx x xFire/ Administration$1,501,56266.67% impact fees; General FundCompletion anticipated in 2026Purchase heavy vehicle xFire/ Administration$477,895 100% impact feesPurchase general vehicle (2)xFire/ Administration$80,168 100% impact feesPurchase heavy vehicle xFire/ Administration$493,441 100% impact feesPurchase general vehicle xFire/ Administration$42,050 100% impact feesPoliceDesign and construct Law Enforcement CenterxPolice/ Administration$4,499,28541.44% impact fees; General Fund293Section 12, Item C. Community Work Program City of Milton 2021 CIE Annual Update _____________ 10/4/21 Adoption _____________________________________ page 9 Project Description20222023202420252026Responsible PartyCost EstimateFunding Sources Notes/ ExplanationRoadsBridge Replacement Programx x x x xPublic Works $2,445,35840.1% impact fees; TSPLOSTAnnual improvementsIntersection-Freemanville @ Providence & B'hamxPublic Works $2,409,37640.1% impact fees; TSPLOSTTo be completed in phases; Phase 1 completed in 2019 (Freemanville@Providence), Phase 2 to be completed in 2022 Intersection-Bethany @ Providencex xPublic Works $1,794,03240.1% impact fees; TSPLOSTIntersection-Hopewell @ HambyxPublic Works $1,412,23940.1% impact fees; TSPLOSTIntersection-Hopewell @ ThompsonxPublic Works $1,439,66840.1% impact fees; TSPLOSTIntersection-Hopewell @ Bethany Bend/Bethany WayxPublic Works $3,346,50440.1% impact fees; TSPLOSTIntersection-Hopewell @ Redd Roadx x xPublic Works $123,22440.1% impact fees; TSPLOSTPhase 1 complete, Phase 2 to be completed in 2024 Crabapple SE ConnectorxPublic Works $180,58740.1% impact fees; General FundConcept Study to determine future costsMorris Road WideningxPublic Works $9,125,05740.1% impact fees; TSPLOST294Section 12, Item C. 295Section 12, Item C. CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 28, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution of the City of Milton Authorizing a Pre-Application for a Georgia Outdoor Stewardship Program Grant with the Georgia Department of Natural Resources (DNR) MEETING DATE: Monday, October 4, 2021 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X October 4, 2021 X X X 296 Section 12, Item D. To: Honorable Mayor and City Council Members From: Tom McKlveen, Parks and Recreation Manager Date: Submitted on September 28, 2021 for the October 4, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution of the City of Milton Authorizing a Pre- Application for a Georgia Outdoor Stewardship Program Grant with the Georgia Department of Natural Resources (DNR) _____________________________________________________________________________________ Project Description: This request is to submit a pre-application for a Georgia Outdoor Stewardship Program Grant. If awarded, this grant would fund additional trail expansion on the east side of the passive greenspace at the Former Milton Country Club as recommended in the approved Master Plan. It would also carry out the identified hydrology work and land management activities on both the east side and west side of the “North Woods” portion of the property. The City will provide a 50% match of the total project cost of approximately $3,000,000. The matching funds, if approved, could come from external grants and City capital funds. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: Capital Grant Account Number TBD upon Council Approval Requisition Total: Legal Review: Dennis Bost, Jarrard & Davis, September 27, 2021 Attachment(s): A resolution approving the pre-application for a Georgia Outdoor Stewardship Program Grant with the Department of Natural Resources 297 Section 12, Item D. STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON AUTHORIZING A PRE-APPLICATION FOR A GEORGIA OUTDOOR STEWARDSHIP PROGRAM GRANT WITH THE DEPARTMENT OF NATURAL RESOURCES WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a municipality may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, during the 2018 legislative session, the Georgia General Assembly passed House Bill 332 and House Resolution 238, and thereby established the “Georgia Outdoor Stewardship Act” effective July 1, 2019, which founded a new grant program (state-funded) to support parks and trails, to protect and acquire lands critical to wildlife, and to support clean water and outdoor recreation in the state of Georgia; WHEREAS, the City of Milton (the “City”) is drafting a “Pre-Application” for a Georgia Outdoor Stewardship Program grant from the Georgia Department of Natural Resources; and WHEREAS, the purpose of the Pre-Application is to qualify for a grant supporting the creation of recreational trails, hydrology work, and land management at the passive greenspace of the former Milton Country Club located in the City of Milton (the “Project”); and WHEREAS, the City Council believes it is appropriate and in the best interest of the City to authorize submission of the Pre-Application to the Georgia Department of Natural Resources. THEREFORE, IT IS HEREBY RESOLVED, by the Mayor and City Council of the City as follows: 1. The Mayor, and/or other City officials as appropriate, are authorized and directed to execute the Pre-Application and deliver it to the Georgia Department of Natural Resources. 2. The City hereby declares it has the ability and intention to finance 50 percent of the estimated total Project cost – the estimated total cost is a sum equal to $3,000,000.00 - and in the event the City’s Pre-Application is recommended for funding by the Department of Natural Resources, the City will move forward with due diligence to prepare, or have prepared, appropriate documentation as required for a formal Georgia Outdoor Stewardship Program grant application. RESOLVED this 4th day of October 2021. _________________________ Joe Lockwood, Mayor Attest: _____________________________ (SEAL) Tammy Lowit, City Clerk 298 Section 12, Item D.