HomeMy WebLinkAboutOrdinances 25-08-587 - 08/18/2025 - Modify Ch. 4 License Renewals, Hours of Sale MicroBreweries-DistilleriesSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. d..5-0 g-58' 7
AN ORDINANCE OF THE CITY OF MILTON MODIFYING CHAPTER 4 OF THE
CODE OF THE CITY OF MILTON TO AMEND THE DATES RELATED TO LICENSE
RENEWALS, ELIMINATE THE LIMITED FOOD SERVICE RESTAURANT LICENSE,
AND AMEND THE HOURS OF SALE FOR MICROBREWERIES AND
MICRODISTILLERIES
WHEREAS , Milton , Georgia is a dul y formed political subdivision of the State of
Georgia, with all the powers attendant thereto ; and
WHEREAS , pursuant to it s Charter and other laws of the State of Georgia, the City of
Milton has the power to adopt clearly reaso nable ordinances, resolutions and regulations for the
protection and preservation of the public health , safety and welfare of its citizens; and
WHEREAS , the City desires to modify amend Chapter 4 of the Code of the City of Milton
("Code"), referred to as the Alcohol Ordinance ;
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS :
I. The text of Section 4-50(c) of the Code (Annual expiration; renewal requirements) is
hereby amended by removing the strikethrough language and adding the following bold ,
underlined language:
Alcoho lic beverage license renewal applications and payments are due on or before
November 15 October 31 of each year. Renewal applications and payments
received between November +e--!and December 15 November 30 are subject to a
ten percent late fee, plus interest.
2. The text of Section 4-50(d) of the Code (Annual expiration: renewal requirements) is
hereby amended by removing the strikethrough language and adding the fo ll owing bold.
under Ii ned lan guage:
Licensees failing to renew their alcoholic beverage licenses on or before December
+.§. November 30 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.
3. Section 4-87 of the Code (Limited food service restaurant license) is hereby amended by
striking the text in its entirety and leaving that Section as Reserved.
4 . The text of Section 4-116 of the Code (Microbrewery license -Hours of sale) is hereby
amended by removing the strikethrough language and adding the following bold,
under lined language:
fat-No malt beverages by the package or 6-ffik drink may be sold at retail except
during the following hours:
( l) Monday through Saturday, from 9:00 a.m. until I 0:00 p.m. 12:00 a.m.; and
(2) Sunday, from 11 :00 a .m . until 10:00 p.m. 12:00 a.m. provided the retailer
has also applied for and received an approved Sunday sales license.
5. The text of Section 4-121 of the Code (Microdistillery license -Hours of sale) is hereby
amended by removing the strikethrough language and adding the following bold,
under lined language:
fat-No distilled spirits by the package drink may be sold at retail except during the
following hours:
(I) Monday through Saturday, from 9 :00 a.m. until 10:00 p.m.12:00 a.m.; and
(2) Sunday, from 11 :00 a.m . until I 0:00 p.m. 12:00 a.m. provided the retailer
has also applied for and received an approved Sunday sales license.
6 . It is the express intent of the City of Milton that thi s Ordinance be cons istent with both
federal and state law . If any provi s ion of thi s Ordinance or application thereof to any person
or circumstances be held invalid , the invalidity shall not affect other provision s or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared severable.
7. All other ordinances shall continue in full force and effect and shall remain unaffected ,
except where such ordinance, or part thereof, conflicts herewith , in which case such
ordinance, or part thereof, is hereby repealed .
8. This ordinance shall become effective immediately following the date of adoption.
+.b (\
SO ORDAINED , this l_Q__day of H LljUS.J.-, 2025.
Approved:
Attest:
PART II -CODE OF ORDINANCES
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE II. -LICENSING
DIVISION 5. EXPIRATION, RENEWAL, FORFEITURE, AND TRANSFER
DIVISION 5. EXP/RATION, 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 Ne~1eFAber 1§ October
liof each year . Renewal applications and payments received between Ne¥eFAber_-±6-November 1 and
E)eeeFAber -~ November 30 are subject to a ten percent late fee, plus interest.
(d) Licensees failing to renew their alcoholic beverage licenses on or before E)eeeFAber 1§ November 30 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 revie w the investiga tive, 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. 22-10-522, § l(Exh . A), 10-17 -2022)
Sec. 4-51. Automatic forfeiture of license for nonuse.
(a) All holders of licenses under this chapter must, within six months after the issua nce of said license, open for
business the establishment referred to i n the license. Failure to open the licensed establishment w ithin six
months after the issuance of such license shall serve as cause for the revocation of such license, and no
refund of license fee s 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 . 22-10-522, § l(Exh . A), 10-17-2022)
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
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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 applicat i on 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 th is 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) 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 .
(f) If a violation of this section results in revocation of the l icense , 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 . 22-10 -522 , § l(Exh . A), 10-17-2022)
Secs. 4-53-4-59. Reserved.
Created: 2025 -06 -01 15 :06: 38 (EST)
(Supp. No. 44)
Page 2 of 2
PART II -CODE OF ORDINANCES
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE Ill. -ON -PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES
DIVISION 3 . NON -STANDARD CONSUMPTION ON PREMISES LICENSES
DIVISION 3. NON-STANDARD CONSUMPTION ON PREMISES LICENSES
Sec. 4-86. Non-standard consumption on premises licenses.
A non-standard consumption on -premises license may perm it the sale of distilled spirits, malt beverages and
wine by the drink subject to specific conditions and lim itati ons fo r each license. No new applicati ons for any non-
standard licenses will be accepted and only yearly renewals for establishment that held thi s licen se on or before
January 1, 2022 will be considered. Notwithstanding this Divisio n or any other provision of the City of M i lton code
of ordinances, establ ishments hold i ng a non -sta ndard consumption on-premises lice nse that was first issued on or
before January 1, 2022, and have further had no changes to the ownership of the establishment, will be permitted
to apply for a new license for the sole purpose of relocating the establishment.
(Ord . No. 22 -10-522, § l(Exh . A), 10-17-2022; Ord . No . 23-03-531, § l{Exh. A), 3-20-2023)
5es. 4 87. bimile&t too&t &@F\'ise F@&lawFaAI liseAse.
(a) An establisl=u'f!ent tRat seFYes food b1:1t does not n,eet all of tRe Feei1:1iFeA1ents of a Festa1:1Fant as defined in
section 4 2 of tRis cRapteF is a lin,ited food seFVice Festa1:1Fant. A lin,ited food seFvice Festa1:1rnnt n,1:1st deFiYe
at least 3Q peFcent of its total ann1:1al gFess food and be11eFage sales fron, tRe sale of pFepaFed n,eals OF food
as defined in section 4 2 of tRis cRapteF.
(bl A lin,ited food ser.,ice rnsta1:1Fant license a1:1tR0Files tRe RoldeF of s1:1cR license to sell distilled spiFits, v,•ine,
and n,alt be·,eFages foF on pFen,ises cons1:1n,ption s1:1bject to tRe following lin,itations :
(1) TRe establisRn,ent n,1:1st deFive a n,inin,1:1n, of 3Q peFcent of its total ann1:1al gFess food and beYeFage
sales fron, tRe sale of pFepaFed n,eals OF food as defined in section 4 2 of this chapteF;
(2) It n,a•t not opeFate as a nigRtcl1:1b as defined in section 4 2 of tRis cRapteF . NigRtcl1:1bs aFe stFictly
pFoRibited.
(3) Lin,ited food ser.•ice Festa1:1Fants a Fe pFBRibited fron, applying foF a S1:1nday sales OF ancillaPr tasting
#eeASe.
(c) Mo1:1Fs of sale of alcoRolic bevernges foF a lin,ited food seFYice Festa1:1Fant aFe Monday thF01:1gR Sat1:1Fday, fron,
9:QQ a.n,. 1:1ntil 11:QQ p.A1., eMcept foF any lin,ited food ser.,ice Festa1:1Fant tRat Fecei·,ed its initial license fron,
tRe City of Milton pFioF to OetobeF 18, 2Q21 . TRese establisRn,ents' R01:1Fs will be lin,ited to Monday tRF01:1gR
Sat1:1Fda11, fron, 9 :QQ a .n,. 1:1ntil 2:QQ a.n,. of tRe following day.
(Ord . No . 22 -10-522, § l(Exh . A), 10-17-2022; Ord . No . 23-03-531, § l(Exh. A), 3-20-2023)
Sec. 4-88. Limited tap license.
(a) An establishment that does not se ll food prepared o n the premises and that provides a limited selection of
craft beers on tap for consumption o n prem ises only. An establishment with a limited tap license is limited to
having five o r fewer craft bee r taps .
(b) A l imited tap license authorizes the holder of such licen se to sell distille d c raft beer on tap for on-prem ise s
consumption subject to the following limitations:
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(1) May have five or fewer beer taps;
(2) Consumption is limited to 48 ounces for any individual within a calendar day ;
(3) The establishment must obtain approval from the fire marshal and building offici al in accordance w ith
applicable codes;
(4) Limited tap license holders are prohib ited from applying for a Sunday sales license ;
(c) Hours of alcoholic beverage sales are Monday through Saturday, from 9 :00 a.m. until 10:00 p.m.
(Ord . No . 22-10 -522, § l(Exh . A), 10-1 7-2 022 ; Ord . No. 23 -03 -531 , § l(Exh . A), 3-20-2023)
Sec. 4-89. Reserved.
Created: 2025-06 -01 15 :06:38 [EST ]
(Supp . No . 44)
Page 2 of 2
PART II -CODE OF ORDINANCES
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE VI. -MANUFACTURING OF ALCOHOLIC BEVERAGES
DIVISION 2 . MICROBREWERY LICENSE
DIVISION 2. MICROBREWERY LICENSE
Sec. 4-115. Microbrewery license.
(a) A microbrewery license permits the manufacture and sale of malt beverages at retail for both on -premises
consumption and by the package for off-premises con sum ption . An establishment that wishes to apply for
this license must first meet the applicable zoning requirements.
(b) Special provis ions related to microbreweries :
(1) As a limited exception to the provisions of state law which implement and enforce the three-tier
system for the manufacture, distribution and sale of malt beverages , a microbrewery license authorizes
the holder of such license to sell directly to the public on its licensed premises for personal use and not
for resale, subject to following terms and conditions;
(2) The brewer may only make sales of malt beverages to an individual while the i ndividual is physically on
the brewer's licensed premises where the brewer produces malt beverages;
(3) The brewer may only make sales of malt beverages for which the brewer is the sole owner of the brand
and brand label ;
(4) Sales for consumption off the premises shall not exceed a maximum of 288 ounces of malt beverages
per individual per day ; and
(5) The maximum amount of malt beverages the brewer may sell pursuant to this chapter at retail each
calendar year shall be 6,000 barrels in the aggregate among all brewer's licensed prem is es making such
sales .
(Ord . No. 22-10-522, § l(Exh . A), 10-17 -2022)
Sec. 4-116. Hours of sale.
(a) No malt beverages by the package or dink may be sold at retail except during the following hours:
(1) Monday through Saturday, from 9 :00 a.m . until 10:00 ~.R'l .12:00 a.m .: and
(2) Sunday, from 11 :00 a.m. until 10:00 ~.R'l .12 :00 a.m . provided the retailer has also applied for and
received an approved Sunday sales license.
(Ord . No. 22-10-522 , § l(Exh. A), 10-17-2022)
Sec. 4-117 Distance requirements .
Minimum distance requirements apply to this use as defined in section 4-22 of this chapter .
(Ord . No. 22 -10-522 , § l(Exh. A), 10-17-2 022)
Secs. 4-118, 4-119. Reserved.
Milton, Georgia , Code of Ordinances
(Supp. No . 44}
Created: 2025 -06 -0 1 15: 06: 39 [EST]
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PART II -CODE OF ORDINANCES
Chapter 4 -ALCOHOLIC BEVERAGES
ARTICLE VI. -MANUFACTURING OF ALCOHOLIC BEVERAGES
DIVISION 3 . MICRODISTILLERY LICENSE
DIVISION 3. MICRODISTILLERY LICENSE
Sec. 4-120. Microdistillery license.
(a) A microdistillery license permits the manufacture and sale of distilled spirits at retail for both on-premises
consumption and by the package for off-premises consumption . An establ ish ment that wishes to apply for
this license must first meet the applicable zoning requirements .
(b) Special provisions applicable to microdistilleries.
(1) As a limited exception to the provision s of state law which implement and enforce the three-tier
system for the manufacture, distribution and sale of distilled spirits, a microdistillery license authorizes
the holder of such license to sell directly to the public on its licensed premises for personal use and not
for resale, subject to following terms and conditions;
(2) A distiller may only sell up to 750 barrels of distilled spirits at retail per calendar year;
(3) The distiller may only make retail sales of distilled spirits to an individual while the individual is
physically on the distiller's licensed premises ;
(4) Such distiller shall only make such reta il sales of distilled spirits that such distiller has distilled, rectified,
blended, aged, or bottled at one or more of its licensed prem ises;
(5) The distiller may only make sales of distilled spirits for which the distiller is the sole owner of the brand
and brand label ;
(6) Sales for consumption off the premises shall not exceed a maximum of 4,500 milliliters of distilled
spirits per individual per day.
(Ord . No . 22 -10-522, § l(Exh . A), 10-17-2022)
Sec. 4-121. Hours of sale.
(a) No distilled spirits by the package or drink may be sold at retail except during the following hours :
(1) Monday through Saturday, from 9:00 a.m. until 10:00 fJ.A'l .12:00 a.m.; and
(2) Sunday , from 11:00 a.m . until 10:00 fl .A'!. 12:00 a.m .provided the retailer has also applied for and
received an app r oved Sunday sales license.
(Ord . No . 22 -10-522, § l(Exh . A), 10-17-2022)
Sec. 4-122 Distance requirements.
Minimum distance requirements apply to this use as defined in section 4-22 of this chapter .
(Ord . No . 22 -10-522 , § l(Exh . A), 10-17-2 022)
Milton, Georgia , Code of Ordinances
(Supp . No . 44)
Page 2 of 3
Created: 2025 -06 -01 15 :06:39 [EST)
Secs. 4-123-4-125. Reserved.
Created: 2025 -06-01 15 :06 :39 [EST)
(Supp . No . 44)
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