HomeMy WebLinkAboutOrdinances 21-10-490 - 10/18/2021 - Amend Chapter 4 and Appendix A to clarify requirements of ABLSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 21-10-490
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 to 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are repealed.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]
ORDAINED this the 18 th day o f October 2021 .
0Y= Joe Lockwood, Mayor
Attes t:
Exhibit 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
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".
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 brewer 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.
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 chapter 64section
64-1. Any establishment licensed as an events facility shall not provide adult entertainment either
regularly or occasionally; nor shall any such establishment operate as a bar or nightclub.
Farm winery or Georgia Farm Winery shall have the same meaning as set forth by state law.
Provided that a license is issued as required by the state and under this chapter, a farm winery licensed
by the city, 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.
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
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.
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.
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 commercial establishment 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.
(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.
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
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.
( 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.
(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.
( 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.
(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.
(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.
(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,
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.
(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
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.
(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.
(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
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;
(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
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.
(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.
(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:
(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 and/or,
wine, and/or 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/full service restaurant
(ii) golf course
(iii) hotel
(iv) limited food service restaurant
(v) private club
(vi) sports club
(vii) special events facility
(viii) 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
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 establishments that do not otherwise in
possession of one of the two on-premises licenses listed above qualify for a standard
consumption on-premises license. 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.
de. 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 transport
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 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 license. 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 a retail package license, hybrid license, or
manufacturing license an off-premises license to offer the public, at no charge, small
quantities of alcohol for on-premises consumption as outlined in Sec. 4-93.
(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 for qualifying
establishments other than a limited food service restaurant
which must be paired with a limited food service restaurant
license and a special event facility which must be paired with
a special event facility license.
On‐premises
consumption
(standard)
Beer/wine None if an eating establishment; otherwise this must be
paired with a limited food service license.
On‐premises
consumption
(limited)
BYOB None
On‐premises
consumption
(limited)
Incidental service None
On‐premises
consumption
(limited)
Limited tap None
On‐premises
consumption
(limited)
Courtyard market None
On‐premises
consumption
(limited)
Special events
facility None On‐premises consumption (standard)
Manufacturing Brewery or
distillery None
Manufacturing Micro‐brewery or
micro‐distillery None
Hybrid Brewpub None
Hybrid Farm winery None
Add‐on Sunday sales Off‐premises package sales, on‐premises consumption
(standard), on‐premises consumption (limited), or hybrid
Add‐on Catering Off‐premises package sales or on‐premises consumption
(standard)
Add‐on BYOB On‐premises consumption (standard) or on‐premises
consumption (limited)
Add‐on Limited food
service license On‐premises consumption (standard)
Add‐on Restaurant package
Sales On‐premises consumption (standard)
Add‐on Craft beer and/or
wine market Off‐premises package sales
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 on-premises licensee. Licensed standard on-premises consumption retailer or
licensed off-premises package retailer that holds an alcoholic beverage catering license.
(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
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.
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
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.
(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.
(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 sell by the package, consume
on-premises, and offer tastings 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)
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
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.
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.
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.
(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.
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 that hold an
alcoholic beverage catering license. 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-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
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.
(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.
(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.
(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.
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
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) Limited service restaurants. Monday through Saturday from 9:00 a.m. until 11:00 p.m.
(ed) 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.
(f) 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.
(ge) 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.
(hf) 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.
(gi) 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
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)
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
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.
(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.
( 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
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.
(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.
(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.
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.
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)
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
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.
(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).
(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.
(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.
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
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
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.
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
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 $500.00/year
4‐70(c)(2) Manufacturer's license micro‐
brewery or micro‐distillery $250.00/year
Hybrid
4‐70(d)(1) Brewpub $1,650.00/year
4‐70(d)(2) Farm winery ‐ wholesale $400.00/year
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) and
Craft beer and/or wine market
off‐premises retail package
sales
$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
$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
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: wine only See 4‐70(f) for prerequisite license $260.00/year
4‐70(e)(6) Craft beer and/or wine market
license: beer only See 4‐70(f) for prerequisite license $260.00/year
4‐70(e)(6) Craft beer and/or wine market
license: beer and wine See 4‐70(f) for prerequisite license $520.00/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
qualifying resident cateres $250.00 No fee
4‐72(a) Special event alcohol permit For qualifying non‐resident caterers $50.00/event
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
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
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