HomeMy WebLinkAboutORDINANCE NO. 06-11-13ORDINANCE NO. 06-11-13
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 7, ALCOHOLIC BEVERAGES,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 7 (ALCOHOLIC BEVERAGES) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the 21' day of
November, 2006 at 4:30 p.m. as follows:
SECTION 1. That the Ordinance relating to Alcoholic Beverages is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 7 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective December 1, 2006.
ORDAINED this the 21St day of November, 2006.
Attest:
ette R. Marchiafava, City Clerk
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Chapter 7: Alcoholic Beverages
ARTICLE 1: General Provisions
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Section]: Sale in city; license a privilege
(a) Alcoholic beverages may be sold in the City under a license granted by the Mayor and City
Council upon the terms and conditions provided in this section.
(b) 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 terms and conditions imposed by this Code and state law.
(c) All licenses pursuant to this chapter shall have printed on the front these words: "This
license is a mere privilege subject to be revoked and annulled, and is subject to any further
ordinances which may be enacted."
(d) Any holder of a 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 abide by all applicable state regulations and laws.
State law references: Permit or license from governing authority required for wholesale or retail
sales of alcoholic beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2.
Section 2: Definitions
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:
(a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
(b) "Alcoholic beverage" means and includes all alcohol, distilled spirits, beer, malt beverage,
wine or fortified wine as defined in this section.
(c) "Beer or malt beverage" means any alcoholic beverage obtained by the fermentation of any
infusion or decoction of barley, malt, hops, or any other product, or any combination of such
products in water containing not more than six percent alcohol by volume, and including ale,
porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known
as "non-alcoholic" beer," which is made by fermentation of any infusion or decoction of barley,
malt, hops, or other products, and containing less than three percent, but more than one-tenth
percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as
Japanese rice wine.
(d) "Bottle house " means any place of business open to the public or any private club which
allows guests, patrons or members to bring in and consume the guest's, patron's or member's
alcoholic beverages on the premises.
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(e) "Brewpub" means any eating establishment in which beer or malt beverages are
manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3 -
Now 5-36 for retail consumption on the premises and solely in draft form. As used in this article, the
term "eating establishment" means an establishment which is licensed to sell distilled spirits,
malt beverages, or wines and which derives at least fifty (50) percent of its annual gross food and
beverage sales from the sale of prepared meals or food.
(f) "Distilled spirits or spirituous liquor" means any alcoholic beverage obtained by distillation
or containing more than 21 percent alcohol by volume including, but not limited to, all fortified
wines.
(g) "Eating establishment" means any public place, including a place available for rental by the
public, selling prepared food for consumption by the public on the premises with a full service
kitchen. A full service kitchen will consist of a three -compartment pot sink, a stove or grill
permanently installed, and refrigerator all of which must be approved by the health and fire
departments. An eating establishment will be prepared to serve food every hour they are open
and will derive as least fifty percent (50%) of its annual gross food and beverage sales from the
sale of prepared meals or food.
(h) "Fortified wine" means any alcoholic beverage containing more than twenty-one percent
(21%) 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.
(i) "Governing authority" means the Mayor and City Council of Milton, Georgia.
0) "Hoter, means any building or other structure providing sleeping accommodations for hire to
the general public, either transient, permanent, or residential. Such hotels shall maintain a
minimum of fifty (50) rooms available for hire and have one or more public dining rooms with
an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be
classified in the same category as hotels. Hotels shall have the privilege of granting franchises
for the operation of any licensed establishment described in this chapter and the holder of such
franchise shall be included in the definition of a hotel pursuant to this definition.
(k) "License" means an authorization granted by the City to operate as a retail consumption
dealer, retail package dealer or wholesale dealer.
(1) "Licensee" means the individual to whom a license is issued or, in the case of a partnership or
corporation, all partners, officers, and directors of the partnership or corporation.
(m) "Liter" means metric measurement currently used by the United States.
(n) "Manufacturer" means any maker, producer, or bottler of an alcoholic beverage.
Manufacturer also means: in the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits; in the case of malt beverage, any brewer; in the case
of wine, any vinter.
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(o) "Package" means a bottle, can, keg, barrel, or other original consumer container. Retail
package alcoholic beverages shall include all alcoholic beverages in their original container, sold
at retail to the final consumer, and not for resale.
(p) "Person" means any individual, firm, partnership, cooperative, nonprofit membership
corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust,
business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or
political subdivision, whether public, private, or quasi -public.
(q) "Pouring permit' means an authorization granted by the City to dispense, sell, serve, take
orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer.
(r) "Retail consumption dealer" means any person who sells alcoholic beverages for
consumption on the premises, at retail, only to consumers and not for resale.
(s) "Retail package dealer" means any person who sells unbroken packages, at retail, only to
consumers and not for resale.
(t) "Wholesaler or wholesale dealer" means any person who sells alcoholic beverages to other
wholesale dealers, to retail dealers, or to retail consumption dealers.
pp.- (u) "Wine" means any alcoholic beverage containing not more than twenty-one percent (21%)
alcohol made from fruits, berries, or grapes either by natural fermentation or by natural
boom fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines,
champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines,
and like products. The term "wine" does 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 the definition
of wine contained in this section.
Section 3: Penalties for Violations of Chapter
Any person who violates any provisions of the sections in this chapter may, upon
conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each
offense and/or up to thirty (30) days in the City Jail, unless a different penalty is set out in
specific sections of this chapter.
Section 4: Sale or possession for sale without license or beyond boundaries of premises covered
by license
It shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic
beverage where the person does not have a license granted by the City to sell or possess for sale
these alcoholic beverages, or to sell or make deliveries beyond the boundaries of the premises
covered by the license. Violations of this section shall result in a fine of not less than three
hundred dollars ($300.00) and/or thirty (3 0) days in jail.
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Section 5: Distance requirements
Ift (a) No person may sell or offer to sell any distilled spirit in or within one hundred (100) yards
of a church building or within two hundred (200) yards of any school building, educational
building, school grounds, or college campus.
(b) No person may sell or offer to sell any wine or malt beverage within one hundred (100)
yards of any school building, school grounds, or college campus.
(c) As used in this section, 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 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.
(d) The term "church building" as used in this section shall mean the main structure used by any
religious organization for purposes of worship.
(e) For purposes of this section, distance shall be measured by the most direct route of travel on
the ground and shall be measured in the following manner:
(1) From the main entrance of the establishment from which alcoholic beverages are sold
or offered for sale;
(2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by
aa-* the nearest route;
(3) Along such public sidewalk, walkway, street, road or highway by the nearest route;
(4) To the main entrance of the church building, or to the nearest portion of the school
grounds.
(f) No location which is licensed to sell alcoholic beverages on the effective date of the
ordinance from which this section derives shall be denied continued operation under an existing
license, nor shall any new owner of the location be denied a new license based upon the
measurements set forth in this Section 5.
(g) As to any location licensed in the future, if the distance requirements in this section are met
at the time of issuance of any license, the subsequent opening and operation of a church or
school 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.
Provided, however, that the distance requirements herein shall not apply at any location for
which a new license is applied for if the sale of alcoholic beverages was lawful at such location
at any time during the 12 months immediately preceding such application.
State law references: Sales of alcoholic beverages near churches, schools or college campus,
O.C.G.A. § 3-3-21.
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Section 6: Temporary licenses for the sale of alcoholic beverages
(a) The City Manager is hereby authorized to issue temporary licenses for the sale of alcoholic
beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth
in this section.
(b) Temporary licenses may be issued for such period as may be determined by the City
Manager, not to exceed sixty (60) days. No such license shall be issued unless:
(1) A written application for the same is filed with the City Manager.
(2) An application for a permanent license, together with payment in full fee thereof, has
been deposited with the City Manager.
(3) The City Manager is satisfied that the location for the proposed license substantially
complies with the provisions of the ordinance authorizing such license in Milton.
(4) 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.
(5) There is payment of the fees prescribed by this section.
(6) 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) The fee for issuance of a temporary license under this section shall be set by Resolution of the
City Council, and shall remain in effect from year to year, until modified or amended by
mom subsequent Resolution adopted by the City Council.
.P. (d) 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 permanent license.
State law references: Local license required for wholesale or retail sales of wine, O.C.G.A. § 3-6-
40.
Section 7: Separate application and separate license for each location of sale
Separate applications must be made for each location and separate licenses must be
issued.
Section 8: Application forms
(a) All persons desiring to sell alcoholic beverages shall make application on the form
prescribed by the City Manager.
(b) The application shall include but shall not be limited to the name and address of the
applicant; the proposed business to be carried on; if a partnership, the names and residence
address of the partners; if a corporation, the names of the officers; the names and address of the
registered agent for service of process; the name of the manager(s); and the name 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
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license is sought. If the manager changes, the applicant must furnish the business license director
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and police department the name and address of the new manager and other information as
requested within ten days of such change.
(c) All applicants shall furnish data, fingerprints, financial responsibility and other records as
required by the City Manager and to ensure compliance with the provisions of this chapter.
Failure to furnish data pursuant to such request shall automatically serve to dismiss the
application with prejudice.
(d) All applications shall be sworn to by the applicant before a notary public or other officer
empowered by law to administer oaths.
(e) In all instances in which an application is denied under the provisions of this chapter the
applicant may not reapply for a license for at least one year from the final date of such denial.
(f) The City Manager shall provide written notice to any applicant whose application is denied
under the provisions of this chapter. Such written notification shall set forth in reasonable detail
the reasons for such denial and shall advise the applicant of the right to appeal under the
provisions of this chapter.
Section 9: Withdrawal of application
Any license application made pursuant to this chapter may be withdrawn by the applicant
'■'°" at any time. If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded less applicable processing fees. After issuance of the license, no
refunds will be made. No refunds shall be made under any circumstances for investigative and
administrative expenses required in this chapter.
Section 10: Licensing qualifications
(a) No license for the sale of alcoholic beverages shall be granted to any person who is not a
citizen of the United States or an alien lawfully admitted for permanent residence.
(b) Where the applicant is a partnership or corporation, the provisions of this section shall apply
to all its partners, officers and majority stockholders. In the case of a corporation the license shall
be issued jointly to the corporation and the majority stockholder, if an individual. Where the
majority stockholder is not an individual, the license shall be issued jointly to the corporation and
its agent registered under the provisions of this chapter. In the case of a partnership, the license
will be issued to all the partners owning at least twenty percent (20%) of the partnership; or 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 or his designee that such person, partners in the firm, officers
ww"O and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo
contendere, and has been released from parole or probation, to any crime involving moral
turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal
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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 sexual related crime within a period of ten
years immediately prior to the filing of such application. At the time an application is submitted
for any alcoholic beverage license, the applicant shall, by a duly sworn affidavit, certify that
neither the applicant, nor any of the other owners of the establishment, has been convicted or has
pleaded guilty or entered a plea of nolo contendere and has been released from parole or
probation to any crime involving moral turpitude, illegal gambling or illegal possession or sale of
controlled substances or the 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
sexual related crime within a period of ten years immediately prior to the filing of such
application. An applicant'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 ineligible for
an alcohol license. Should any applicant, partner, or officer used in the sale or dispensing of any
alcoholic beverage, after a license has been granted, be convicted or plead guilty or nolo
contendere to a crime involving moral turpitude, illegal gambling or illegal possession or sale of
controlled substances or the illegal possession or sale of alcoholic beverages, including the sale
or transfer of alcoholic beverages, including 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 sexual related crime, the license shall be immediately
revoked and canceled.
(d) No license for the sale of alcoholic beverages shall be granted to any person convicted under
ift" any federal, state or local law of any felony, within ten years prior to the filing of application for
such license.
(e) It shall be unlawful 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.
(f) No license for the sale of alcoholic beverages shall be granted to any person who has had
any license issued under the police powers of any jurisdiction within the State of Georgia
previously revoked within two years prior to the filing of the application.
(g) The City Manager may decline to issue a license when any person having any ownership
interest in the operation of such place of business or control over such place of business does not
meet the same character requirements as set forth in this section for the licensee.
(h) All licensed establishments must have and continuously maintain in Fulton County, Georgia
a registered agent upon whom any process, notice or demand required or permitted by law or
under this chapter to be served upon the licensee or owner may be served. This person must be a
resident of the county. The licensee shall file the name of such agent, along with the written
consent of such agent, with the City Manager and shall be in such form as he may prescribe.
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(i) All applicants for any alcoholic beverage license must be of good character, and all
operators, managers, clerks, or other employees shall be of like character. Corporate or firm
ftow applicants shall be of good business reputation.
0) A 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, or where it appears that the application is
intended to be a mere surrogate for a person or persons who would not otherwise qualify for a
license for any reason whatsoever.
(k) The City Manager, in his discretion, may consider any extenuating circumstances which
may reflect favorably or unfavorably on the applicant, application or the proposed location of the
business. If in his judgment circumstances are such that granting of the license would not be in
the best interest of the general public, such circumstances may be grounds for denying the
application.
(1) For purposes of this chapter, a conviction or plea of guilty of nolo contendere shall be
ignored as to any offense for which a defendant who was allowed to avail themselves of the
Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, 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 sentencing court
entered an adjudication of guilt as to the crime for which the defendant had previously been
op.-" sentenced as a first offender.
State law references: Governing authority shall set forth ascertainable standards pertaining to the
granting, refusal, suspension or revocation of alcoholic beverage permits or licenses, O.C.G.A. §
3-3-2.
Section 11: License fee scale
Before a license may be granted, the applicant therefore shall comply with all rules and
regulations adopted by the Mayor and City Council regulating the sale of alcoholic beverages
and each applicant shall pay a license fee in accordance with the scale fixed, from time to time,
by the Mayor and City Council contained in section 12 and kept on file in the office of the City
Treasurer.
Section 12: Fees enumerated
License fees for the privilege of selling any alcoholic beverage, either retail or wholesale,
shall be set by Resolution of the City Council, and shall remain in effect from year to year, until
modified or amended by subsequent Resolution adopted by the City Council. The license fees so
established shall be in addition to any excise tax lawfully imposed.
DOWN State law references: Maximum license fee, O.C.G.A. § 3-4-50.
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Section 13: Collection of fees or taxes sums due
If any person shall fail to pay the sum due under this chapter, the City Manager or his/her
designee shall issue an execution against the person so delinquent and his property, for the
amount of the delinquent fee or tax.
Section 14: Transferability of license
(a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise
provided in this section.
(b) In case of the death of a licensee, the establishment shall be allowed to continue to sell
alcoholic beverages for a period of forty-five (45) days from the date of death or until expiration
of the license or until approval of a new licensee, whichever shall first occur, provided that no
sale of alcoholic beverages shall be allowed until such time as a personal representative of the
estate, appointed by a probate court of competent jurisdiction, shall make application for
authorization with the City Manager.
(c) If a license is surrendered or a licensee severs his association with a licensed establishment,
the establishment may continue to sell alcoholic beverages for a period of forty-five (45) days
from the date of surrender, or from the date determined by the City Manager to be the date of
severance, provided no such sale shall be authorized 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 excepted in this section. Upon issuance of a new license, the authorization to sell 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.
(d) Nothing in this section, however, shall prohibit one or more of the partnership holding a
license to withdraw from the partnership in favor of one or more of the partners who were
partners 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 stock holdings to a
total of ten percent or more of any class of stock.
(e) Except as provided in subsections (a) through (d) 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.
(f) Violation of this section shall result in revocation of the license being used and a fine on the
new ownership and the old ownership of not less than three hundred dollars ($300.00) and/or
thirty (30) days in jail. No license will be issued to the old or the new owner in the county for
one year from the date of the violation.
wow (g) Should a licensee make application to the City Manager for a transfer of location and 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
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a transfer of location shall pay a transfer fee as set by Resolution of the City Council, and shall
j remain in effect from year to year, until modified or amended by subsequent Resolution adopted
by the City Council (see Exhibit B — Fee Schedule). The license fees so established shall be in
addition to any excise tax lawfully imposed.
Section 15: Display of license at place of business
The City alcoholic beverage license shall at all times be kept plainly exposed to view to
the public at the place of the business of the licensee.
Section 16: Expiration and renewal of license
(a) All licenses granted under this chapter shall expire on December 31, each year. Licensees
shall be required to file a renewal application (with the requisite fee enumerated in Exhibit B —
Fee Schedule) with the City Manager on the form provided for a new or renewal license for the
ensuing year. The applicant shall be required to comply with all rules and regulations for the
granting of licenses as if no previous license had been held. Alcoholic Beverage Licenses
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 ten
percent (10%) late filing fee. Businesses failing to renew their alcoholic licenses prior to
December 15 must reapply for an alcoholic beverage license. Investigative and administrative
costs will be assessed as may be prescribed from time to time by the Mayor and City Council.
(b) All licenses granted under this chapter shall be for the calendar year, and the full license fee
"n" must be paid for a license application filed prior to July 1 of the license year. One-half of a full
license fee shall be paid for any license application filed after July 1 of the license year except
for applications for temporary licenses under Section 6.
(c) Any person applying for a new license issued under this chapter who shall pay the required
fee, or any portion thereof, after January 1, shall, in addition to the annual fee and late charges,
pay simple interest of one percent (1%) per month on the delinquent balance.
Section 17: Automatic license forfeiture for nonuse
Any holder of any license 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 of the product or
products authorized shall, after the three-month period, automatically forfeit the license without
the necessity of any further action.
Section 18: Suspension or revocation of license
The City Manager shall impose a suspension of a license, or revoke a license, upon
receiving information of occurrence of any one of the following events:
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00. (a) A license may be denied, or immediately suspended or revoked where the licensee furnishes
fraudulent or untruthful information in the application for a license and for failure to pay all fees,
taxes or other charges imposed under the provisions of this chapter and state law.
(b) Whenever the state shall revoke any permit or license to sell alcoholic beverages the City
license shall thereupon be automatically revoked. The chief of police, upon receiving notice of
the state revocation, shall take the necessary steps to see that signs are removed and that all
alcoholic beverage sales cease.
(c) Any licensed establishment that is found to be in violation of the provisions of this ordinance
shall be subject to immediate license revocation.
(d) The license shall be revoked of any licensee whose license has been suspended three or more
times in any consecutive twelve (12) month period.
(e) The license shall be revoked of a licensee of any premises where alcoholic beverages have
been sold or distributed during a period of suspension.
(f) The license may be suspended or revoked of any establishment which does not meet the
licensing qualifications set forth in this chapter at any time such knowledge becomes known to
the City officials.
off" (g) An act or omission of a licensee, owner of more than twenty percent (20%) interest in the
licensed establishment, or employee of the licensee or licensed establishment willingly or
knowingly performed, which constitutes a violation of federal or state law or of any provision of
this chapter will subject the licensee to suspension or revocation of its license in accordance with
the provisions of this chapter, regardless of whether any criminal prosecution or conviction
ensues; provided, however, in the case of an employee, it shall be established that the acts of the
employee were known to or under reasonable circumstances should have been known to the
licensee, were condoned by the licensee, or where the licensee has not established practices or
procedures to prevent the violation from occurring.
(h) Whenever it can be shown that a license under this chapter no longer maintains adequate
financial responsibility upon which issuance of the license was conditioned, or whenever the
licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the City.
(i) Whenever this chapter permits suspension of any license, but does not mandate the period of
suspension, the following guidelines shall apply:
(1) First suspension in a twelve (12) month period shall not exceed thirty (3 0) days.
(2) Second suspension in a twelve (12) month period shall not exceed sixty (60) days.
(3) Third suspension in a twelve (12) month period shall cause a revocation of license
and result in the inability of licensee to obtain a license from the City for a term of
three (3) years from the date of revocation.
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Section 19: License Review Board: Hearings
(a) There is hereby established a License Review Board ("Board") consisting of five (5)
members appointed by the Mayor and Council. Each member shall serve a term of four (4) years.
(b) The Board shall have the following duties:
(1) To hear deferred applications or appeals from administrative decisions by the City
Manager with regard to issuance of licenses, transfers, renewals, change of
ownership or other matters affecting such licenses.
(2) To hear appeals with regard to issuance or renewal of employee work permits.
(3) To hear any matter involving revocation or suspension of a license or other
disciplinary action against a licensee, or employee under a work permit.
(4) To consider and act upon any other matter specifically delegated to the Board by
City ordinance, resolution or action of the Council.
(c) Applicants or licensees shall be given written notice of the date, time and place when the
Board will consider the respective matter. The applicant and interested parties shall be afforded
the opportunity to be heard by the Board and present evidence to the Board prior to making its
decision. No alcoholic beverage license having been issued shall be suspended or revoked
except for due cause as defined in this section, after a hearing and upon written notice to the
holder of such license of the time, place and purpose of the hearing and a statement of the charge
or charges upon which the hearing shall be held. Ten (10) days notice shall be deemed
reasonable, but shorter or longer periods of notice shall be authorized as the Board may deem the
circumstances to justify. Due cause for the suspension or revocation of a license shall consist of
the violation of any laws or ordinances regulating the business or for the violation of any state or
federal law; or any reason which would authorize the City to refuse the issuance of a license; or
any violation of this chapter. Further, the police department shall notify the City Manager of a
licensee or anyone in the employ of a licensee (A) being charged with or arrested for selling
alcoholic beverages (B) to an underage person or persons or (C) being convicted of selling
alcoholic beverages to an intoxicated persons pursuant to O.C.G.A. § 3-3-22 during the current
license year. Once the City Manager becomes aware of such, charge(s), arrest(s) or conviction(s)
he/she shall place the matter before the Board for hearing. The Board, at said hearing and after
receiving evidence may order the license to sell or serve alcoholic beverages be suspended or
revoked if the evidence so warrants. All decisions of the Board shall be in writing, and a copy
furnished to the applicant or licensee.
(d) The Board shall have the authority to hear or determine any matter set forth in this chapter
unless specifically prohibited therefrom.
(e) The decision of the Board shall be final unless appealed by applicant or licensee to the
Council within ten (10) days of the date of its written decision. The appeal shall be in writing and
filed with the City Clerk. The Council shall conduct a de novo hearing at a regularly scheduled
meeting within thirty (30) days of the filing of the appeal to hear evidence and, at conclusion of
such hearing render a decision to uphold the decision made by the Board, reverse the decision
made by the Board, or in its discretion, modify the decision made by the Board. The decision of
r..� the Council shall be rendered not later than its next regularly scheduled meeting.
Page 12 of 41
(f) The decision of the Council as rendered on an appeal under this article shall be final unless
licensee applies to the Superior Court of Fulton County by filing a Petition for Writ of Certiorari
within thirty (30) days of the decision rendered by the Council.
(g) The Board shall meet at such times as necessary as determined by the Board and shall render
decisions within a reasonable time. Three members of the Board shall constitute a quorum, and
all decisions of the Board shall require a majority vote of the quorum. Such meeting shall not be
scheduled later than thirty (30) days from the time a matter is filed for hearing or appealed to the
Board.
(h) The Board shall select one of its members to serve as chair and one member to serve as
secretary to serve at the pleasure of the Board. Minutes and records of all proceedings shall be
kept and maintained in the office of the City Manager.
Section 20: Notice
For the purpose of this chapter, notice shall be deemed delivered personally, or served by
certified mail within three days after the date of deposit in the United States mail.
Section 21: Advertising; location requirements; signs
(a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic
beverages, or the prices of such beverages, shall be permitted on the exterior of any retail
package outlet, on the premises consumption dealer or in the windows of any such 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 or signs 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 customers on a regular printed
menu.
(c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the
bottles or containers or on the shelf immediately below where the containers are placed, the price
of an alcoholic beverage exposed or offered for sale. No other sign may be exposed prominently
within or without the retail establishment showing prices or indicating that alcoholic beverages
are for sale on the premises.
(d) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this
Code except as to single units or unbroken package quantities.
Page 13 of 41
,. Section 22: Audits of licensees
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit. The City Manager
may designate the city's internal auditor or other designated person to perform any audit
authorized in this Code. The licensee shall cooperate with the audit or forfeit any license(s)
issued under this chapter.
(b) All licensed establishments must maintain the following records for a three-year period and
make them available for audit at the licensed premises:
(1) Monthly income or operating statements.
(2) Daily sales receipts showing liquor, beer, wine 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 1099's.
The City Manager can waive all or some of the requirements of the foregoing sentence if the
City Manager finds that no such records exist and it is not financially practical based on the net
income of the licensed establishment to require them to keep such records.
Section 23: Retailer to purchase from licensed wholesaler only
PON% (a) No retailer shall purchase alcoholic beverages from any person other than a wholesaler
licensed under this chapter. No wholesaler shall sell any alcoholic beverage to anyone other than
b"10 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.
(b) The City Manager or his/her designee may request, from time to time, information
concerning purchases and sales of alcoholic beverages from retailers and wholesalers.
Section 24: Retail consumption dealers to store inventory only on premises
No retail consumption dealer licensed under this chapter shall keep any beer or malt
beverage or wine or other alcoholic beverages at any place except the licensed place of business.
No retail consumption dealer shall be permitted to enter into any type of arrangement whereby
distilled spirits ordered by a licensee are stored by a licensed wholesaler.
Section 25: Addition to contents of alcoholic beverages prohibited
No one shall add to or permit the adding to any alcoholic beverage or refill any alcoholic
beverage manufacturer's container in any manner.
Page 14 of 41
Section 26: Poured alcohol to be transported by employees
Poured alcoholic beverages will be transported from point of dispensing to the customer
by permitted employees only.
Section 27: Licensees to maintain a copy of this chapter; employees to be familiar with terms;
licensee responsible for violations
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 there with respect to the
terms of this chapter; and each licensee, the licensee's agents and employees selling alcoholic
beverages shall at all times be familiar with the terms of this chapter.
Section 28: Employment of underage persons prohibited; exceptions
(a) No person shall allow or require a person in his/her employment under eighteen (18) years
of age to dispense, serve, sell, or take orders for any alcoholic beverage.
(b) The provisions of this section shall not prohibit persons under eighteen (18) years of age
who are employed in supermarkets or convenience stores from selling or handling alcoholic
beverages which are sold for consumption off the premises.
.-• (c) It is unlawful for any person under the age of eighteen (18) years of age to work as an
entertainer in any establishment licensed under this chapter without written consent from parents
i.. or guardian.
Section 29: Failure to require and properly check identification
It shall be a violation not to require and properly check identification to ensure that an
underage person is not sold, served, or does not have in his possession alcoholic beverages while
in a licensed establishment. Identification in this section shall mean any document issued by a
governmental agency containing a description of the person, such person's photograph and
giving such person's date of birth and shall include, without being limited to, a passport, military
ID card, driver's license or state department of public safety ID card.
Section 30: Sales to underage persons prohibited
No holder or employee of the holder of a license authorizing the sale of alcoholic
beverages, shall do any of the following upon the licensed premises:
(a) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcoholic
beverage to any person under the age of twenty-one (2 1) years.
(b) The prohibition in subsection (a) of this section shall not apply with respect to the sale of
distilled spirits to a person when such person has furnished proper identification showing that the
person to whom the distilled spirits are being sold is twenty-one (21) years of age or older. For
Page 15 of 41
the purposes of this subsection proper identification means any document issued by a
government agency containing a description of the person, such person's photograph, or both,
and giving such person's date of birth, including but not limited to, a passport, military
identification card, driver's license, or identification card authorized under an act to require the
department of public safety to issue identification cards to persons who do not have a motor
vehicle driver's license. Proper identification shall not include a birth certificate.
(c) Sell or offer to sell any alcoholic beverages to any person who is noticeably intoxicated,
who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to
the licensee or his employees.
(d) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to be
consumed thereon, on any day or at any time when the sale or consumption is prohibited by law.
(e) No person who holds a license to sell alcoholic beverages by the drink shall allow any
minors to be in, frequent or loiter about the licensed premises of the establishment or lounge
unless such minors are accompanied by a parent, legal guardian, or custodian; provided,
however, that such minors shall be permitted in eating establishments, indoor commercial
recreational establishments, or private clubs as defined in this chapter without being
accompanied by a parent, legal guardian, or custodian and provided further that this section shall
not apply to minors who are employees under the terms of this chapter.
*MM (f) The penalty for violation of this section by an individual shall be as follows:
(1) For the first offense, a minimum fine of two hundred dollars ($250.00).
am" (2) For the second offense and subsequent violations within one year, a minimum fine of
five hundred dollars ($500.00).
(g) Any licensed establishment where three or more violations of this section, or Section 3-3-23
of the Georgia Alcoholic Beverage Laws and Regulations, have occurred within any thirty-six
(36) month period shall be punished as follows:
(1) For the third offense within any thirty-six (36) month period, suspension of license(s)
for a period not to exceed 90 days.
(2) For the fourth and any subsequent violation within any thirty-six (36) month period,
suspension of license(s) for a period not to exceed one year. As to the penalties in
subsection (g), if there is a change in a majority of the licensed establishments'
owners, partners or shareholders, the violations under the old ownership shall not
count against the new owners; however, a different corporation, partnership or other
association will be charged with the violations of its predecessor(s) if a majority of
the owners, partners or shareholders are the same.
State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21)
years of age of alcoholic beverages; use of false identification; proper identification for sale of
alcoholic beverages; dispensing, serving, etc., of alcoholic beverages by persons under twenty-
one (21) years of age in the course of employment; seller's duty to request proper identification,
O.C.G.A. § 3-3-23.
Page 16 of 41
r
„ the purposes of this subsection proper identification means any document issued by a
government agency containing a description of the person, such person's photograph, or both,
and giving such person's date of birth, including but not limited to, a passport, military
identification card, driver's license, or identification card authorized under an act to require the
department of public safety to issue identification cards to persons who do not have a motor
vehicle driver's license. Proper identification shall not include a birth certificate.
(c) Sell or offer to sell any alcoholic beverages to any person who is noticeably intoxicated,
who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to
the licensee or his employees.
(d) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to be
consumed thereon, on any day or at any time when the sale or consumption is prohibited by law.
(e) No person who holds a license to sell alcoholic beverages by the drink shall allow any
minors to be in, frequent or loiter about the licensed premises of the establishment or lounge
unless such minors are accompanied by a parent, legal guardian, or custodian; provided,
however, that such minors shall be permitted in eating establishments, indoor commercial
recreational establishments, or private clubs as defined in this chapter without being
accompanied by a parent, legal guardian, or custodian and provided further that this section shall
not apply to minors who are employees under the terms of this chapter.
(f) The penalty for violation of this section by an individual shall be as follows:
(1) For the first offense, a minimum fine of two hundred dollars ($250.00).
(2) For the second offense and subsequent violations within one year, a minimum fine of
five hundred dollars ($500.00).
(g) Any licensed establishment where three or more violations of this section, or Section 3-3-23
of the Georgia Alcoholic Beverage Laws and Regulations, have occurred within any thirty-six
(36) month period shall be punished as follows:
(1) For the third offense within any thirty-six (36) month period, suspension of license(s)
for a period not to exceed 90 days.
(2) For the fourth and any subsequent violation within any thirty-six (36) month period,
suspension of license(s) for a period not to exceed one year. As to the penalties in
subsection (g), if there is a change in a majority of the licensed establishments'
owners, partners or shareholders, the violations under the old ownership shall not
count against the new owners; however, a different corporation, partnership or other
association will be charged with the violations of its predecessor(s) if a majority of
the owners, partners or shareholders are the same.
State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21)
years of age of alcoholic beverages; use of false identification; proper identification for sale of
alcoholic beverages; dispensing, serving, etc., of alcoholic beverages by persons under twenty-
one (21) years of age in the course of employment; seller's duty to request proper identification,
,,.,.., O.C.G.A. § 3-3-23.
Page 16 of 41
Section 31: Purchase or possession of alcoholic beverages by underage persons
(a) No person under the age of twenty-one (21) years of age shall purchase or possess any
alcoholic beverage.
(b) No person under the age of twenty-one (21) years of age shall attempt to purchase any
alcoholic beverage or misrepresent his/her age in any manner whatever for the purpose of
obtaining alcoholic beverages.
Section 32: Regulations as to employees and manager
The following regulations shall apply to all establishments holding a license for
consumption of alcoholic beverages on the premises:
(a) No person shall be employed 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 fingerprinted or cleared by the chief of police or his designee,
indicating that the person is eligible for such employment.
(b) This section shall not be construed to include volunteer groups with non-profit tax exempt
status from the Internal Revenue Service whose volunteer efforts financially benefit a non-profit
organization with no direct financial benefit, either by wages, tips or donations, to the individual
volunteer. No volunteer under the age of eighteen (18) shall be allowed to dispense, sell, serve,
take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are
UWAW limited solely to those of busboy(s), cook(s), or dishwasher(s) shall also be excluded from this
section.
(c) No permit shall be issued until such time as a signed application has been filed with the
police department, chief of police or designee, and upon paying a fee which shall be established
by the Mayor and City Council, and a search of the criminal record of the applicant completed.
The application shall include, but shall not be limited to, the name, date of birth, and prior arrest
record of the person, though the fact of an arrest record shall be used for investigative purposes
only, and shall give rise to no presumption or inference of guilt. Due to the inclusion of arrest
information, these applications shall be regarded as confidential and shall not be produced for
public inspection without a court order.
(d) The chief of police or his designee shall have a complete and exhaustive search made
relative to any police record of the person fingerprinted or cleared. If there is no record of a
violation of this chapter, the chief of police or his designee shall issue a permit to the person, by
mail, stating that the person is eligible for employment. If it is found that the person is not
eligible for employment, the chief of police or his designee shall notify the person, in writing,
that they are not eligible for employment, the cause of such denial and their right to appeal.
IFMN (e) No person shall be granted a pouring permit unless it appears to the satisfaction of the chief
of police or his designee, that such person has not been convicted or pled guilty or entered a plea
of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession
Page 17 of 41
or sale of controlled substances or the illegal sale or possession of alcoholic beverages, including
the sale or transfer of alcoholic beverages to minors in a manner contrary to law, keeping a place
of prostitution, solicitation of sodomy, or any sexual related crime within a period of five years
of the date of conviction and has been released from parole or probation. A person's first time
conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance
shall not, by itself, make a person ineligible for an alcohol pouring permit.
No person shall be granted a pouring 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 be ignored as to any offense for which defendant who was allowed to avail
themselves of the Georgia First Offender Act (Ga. Laws 1968, p. 324) as amended. Except,
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 pouring permit shall be issued for a period of one calendar year from the date of
the original application. As noted in subsection (k) below, the alcohol pouring permit must be in
the possession of the employee while the employee is working at the licensed establishment.
This permit must be in the possession of the employee while the pouring permit holder is
working and available for inspection by members of the police department or the City Manager's
staff. All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve
in any managerial position in any establishment licensed under this chapter shall be required to
complete an alcohol awareness training program to become a certified Alcohol Awareness
Server, as defined in Section 43 of this Article, as a condition to the privilege of continuing to
maintain a valid alcohol pouring permit.
(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
police department for an alcoholic beverage pouring permit under this section. If it is determined
that a person is in violation of this subsection and a permit is denied for this reason, then thirty
(30) calendar days must elapse from the date of notification per certified mailing before a new
application and fee may be resubmitted.
(h) All permits issued through administrative error can be terminated and seized by the chief of
police or his/her designee, or the City Manager or his/her designee.
(i) Replacement permit(s) will be issued within thirty (30) days of original date, upon paying
one-half of the fee(s) charged for alcohol pouring permits. After thirty (30) days of original
application date, a new application and fee must be submitted.
0) All permits issued under this chapter remain the property of the City of Milton and shall be
produced for inspection upon demand of any City of Milton police or designee(s) or code
enforcement officer.
Page 18 of 41
10 11
(k) No licensee shall allow any employee or manager required to hold a permit to work on the
premises unless the employee or manager has in their possession a current valid city pouring
WE" premises
For new employees, a receipt issued by the city police permit unit may be used for a
maximum of 30 days from the date of its issue. Licensees are required by this chapter to inspect
and verify that each employee is required to have in his/her possession a valid city alcohol
pouring permit.
(1) It shall be the duty of all person(s) holding any license(s) to sell alcoholic beverages to file
with the chief of police or his/her designee, the name of the establishment, the license number
and a list of all employees, with their home addresses and home telephone numbers, twice
annually during the month of June and again during the month of December.
(m) The licensee is required to maintain the exterior of the licensed premises, parking lot and all
parts of premises abutting public right-of-ways during all hours the business is open and to do an
inspection of the premises within three (3) hours after closing. The term "maintain" is defined as
keeping the defined areas free of bottles, cans, cups, trash and other litter.
Any person(s) convicted of any violation(s) of this section shall receive a fine in an amount not
to exceed state law.
Section 33: Open area and patio sales
(a) Alcoholic beverage sales can be made by a licensed consumption on -premises establishment
in a patio/open area type environment if the establishment has been approved to do so by the
City Manager.
(b) The requirement for approval is that the patio/open area be enclosed by some structure
providing for public ingress/egress only through the main licensed premises. The purpose of this
requirement is to prevent a customer from leaving the outside sales area with an open drink
without the licensee's knowledge.
(c) The height of such structure shall be a minimum of three feet above ground level. It does not
have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It
must be permitted and approved by the city's building inspection department and the city's fire
department as required by their governing regulations or codes.
(d) The only exit from this type area is to be through the licensed establishment's main premises
and through an approved fire exit, not for general public use unless an emergency exists. The fire
exit should be of the type that sounds an alarm so that the establishment will be alerted in the
event of unauthorized use when no emergency exists.
(e) If a licensee desires a patio/open sales area inside an existing structure, plans will be
reviewed and approved on an individual basis by the City Manager. Interior type patio/open sales
areas must also meet the requirements of the city's development and fire codes.
blow
Page 19 of 41
(f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the
premises license from making sales and allowing consumption of alcoholic beverages in
ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel, provided such
functions are catered in connection with a meeting, conference, convention or similar type
gathering at such hotel or motel. "Patio areas," as that term is used in this subsection, do not have
to conform to the standards in this section.
Section 34: No consumption outside premises
(a) It is prohibited for customers to leave the premises with open alcoholic beverages, and it is
the licensee's responsibility to ensure that no open beverages are sold and carried out. However,
nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages
for consumption at a publicly owned or privately owned golf course.
(b) It is prohibited for customers to gather outside an alcoholic beverage establishment and
consume alcoholic beverages.
(c) It is prohibited for the manager or any employee to allow persons to gather outside an
alcoholic beverage establishment and consume alcoholic beverages.
Section 35: Specifications of premises
No alcoholic beverage license shall be issued to any person unless the building in which
the business will be located is complete and detailed plans of the building and outside premises
are attached to the application, or unless proposed plans and specifications and a building permit
of a proposed building to be built are attached to the application. The completed building or the
proposed building shall comply with ordinances of the city, regulations of the state revenue
commissioner and the state. The proposed building shall also be subject to final inspection and
approval when completed by the building inspector. Each building in which the business will be
located shall contain sufficient lighting so that the building itself and the premises on all sides of
the building are readily visible at all times from the front of the street on which the building is
located so as to reveal all of the outside premises of such building. Each applicant for an
alcoholic beverage license shall attach to the application evidence of ownership of the building
or proposed building, or a copy of the lease if the applicant is leasing the building. If the
applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or
contract with the application. All premises for which an alcoholic beverage license shall be
issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated
so that all hallways, passage ways and open areas may be clearly seen by the customers therein.
Section 36: Solicitation prohibited
No retail consumption dealers licensed under this chapter shall require, permit, suffer,
encourage, or induce any employee or person to solicit in the licensed premises for
OM„ herself/himself, or for any person other than the patron and guest of the patron, the purchase by
the patron of any drink, whether alcoholic beverage or nonalcoholic beverage or money with
Ono which to purchase the beverage; nor shall any licensee pay a commission or any other
Page 20 of 41
100— compensation to any person frequenting his establishment or to his agent or manager to solicit
for herself/himself or for the others, the purchase by the patron of any drink, whether alcoholic
„,W, beverage or nonalcoholic beverage or money with which to purchase the beverage.
Section 37: Noise from establishments prohibited
It shall be unlawful for any establishment licensed under this chapter to make or cause to
be made any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs,
injures or endangers the comfort, repose, health, peace, or safety of others in the city, and which
is audible to a person of normal hearing ability from the nearest property line of the business in
question. In no event, however, shall any such loud, unnecessary or unusual sound or noise be
made by an establishment licensed under this chapter between the hours of 10:00 p.m. and 8:00
a.m.
Section 38: Inspection of licensed establishments by the police department
Sworn officers of the police department shall have the authority to inspect establishments
licensed under the alcoholic beverages ordinances of the City 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. This section is not intended to
limit the authority of any other City officer to conduct inspections authorized by other provisions
of this Code.
Section 39: Establishment can be closed in cases of emergency
The chief of police, or his designee, may immediately close an establishment licensed
under this chapter in case of emergency, for the safety of the public or to investigate a crime, for
a period of time not to exceed twenty-four (24) hours.
Section 40: Sale on election days
(a) Pursuant to the delegation of authority granted to this governing authority by Act No. 750
(House Bill No. 247) approved April 10, 1985, amending O.C.G.A. § 3-3-20(b)(2)(B), the sale of
wholesale and retail of alcoholic beverages, to wit: distilled spirits, wine and malt beverages,
shall be lawful during the polling hours of any election; provided, however, nothing herein shall
authorize the sale of alcoholic beverages within two hundred fifty (250) feet of a polling place
during such time as the polls are open.
(b) All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
State law references: Local governing authority may authorize the sale of alcoholic beverages on
election days, O.C.G.A. § 3-3-20.
Section 41. Bring your own bottle (brown bagging) prohibited
It is prohibited for any person to bring in his own alcoholic beverage (brown bag) in any
,,,,,,, establishment either licensed or unlicensed to serve alcoholic beverages.
Page 21 of 41
Section 42: Types of entertainment, attire and conduct prohibited
Pursuant to The Constitution of the State of Georgia Article 3, Section 6, Paragraph VII:
(a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or
simulate:
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
(2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
(3) The displaying of any portion of the female breast below the top of the areola or the
displaying of any portion of any person's pubic hair, anus, cleft of the buttocks,
vulva, or genitals.
(b) No person shall use on licensed premises artificial devices or inanimate objects to perform,
simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this
section.
(c) It shall be unlawful 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 subsection (a) or (b) of the section.
Section 43: Alcoholic Awareness Training
""" (a) Any person to whom an alcohol pouring permit is issued, and all licensee's managerial staff,
shall be required to complete an alcohol awareness training program within thirty (30) days from
date the person is issued an alcohol pouring permit.
(b) All persons employed within the City as of the enactment of the ordinance, holding a valid
alcohol pouring permit, shall have through December 31, 2006, in which to complete an alcohol
awareness training program.
(c) The City Manager shall maintain a list of schools, training facilities and trade associations
(Training Facilities) located in Fulton County, Georgia that are authorized and approved by the
City Manager to conduct alcohol awareness programs for the purpose of training servers of
alcohol in intervention procedures when customers become intoxicated.
(d) The Training Facilities shall issue, upon completion of the course, a certificate which shows
the individual has fulfilled the requirement for the course and is certified as an Alcohol
Awareness Server. The cost of the course will be the responsibility of the licensed establishment
that employs such server.
(e) The establishment employing individual(s) required to complete an alcohol awareness
PPM program shall obtain the certificate(s) stating the employee(s) has successfully completed the
course and have the same delivered to the Revenue Division of the City to be kept with the
&UN record(s) of the employee(s) having an alcohol pouring permit.
Page 29 of 41
(f) The privilege of a person to continue having a valid alcohol pouring permit is conditioned
„," upon completing an alcohol awareness program and having a certificate of course completion
provided to the City in a timely manner. Failure to do so is cause for suspension of the person's
alcoholic pouring permit.
Article 2: Retail Sales of Distilled Spirits for Consumption on the Premises
Section 1: Definitions
For the purpose of this article, the following definitions shall apply:
(a) "Applicant" means the person, partner, firm or corporation, as owner, or other entity
authorized to represent the business making application for the license.
(b) "Bottle house" means any place of business open to the public or any private club which
allows guests, patrons, or members to bring in and consume the guest's, patron's, or member's
alcoholic beverages on the premises.
(c) "Distilled spirits, " as defined in this article, means any alcoholic beverage obtained by
distillation or containing more than twenty-one percent (21%) alcohol by volume including, but
No" not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended.
(d) "Golf club" 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.
(e) "License" means the authorization by the Mayor and City Council to engage in the sale of
distilled spirits by the drink for consumption only on the premises.
(f) "Licensee " means any person, partner, firm, or corporation, as owner, holding a license to
engage in the sale of distilled spirits by the drink for consumption only on the premises.
(g) "Owner" means any person, corporation, or partnership or any other entity having a financial
interest in the income of the business. "Owner" shall also include any person, corporation or
partnership operating a business under a management contract.
(h) "Premises" means the definite closed or partitioned -in locality, whether room, shop, or
building wherein distilled spirits are dispensed for consumption on the premises by the drink.
Section 2: Violations of article; misdemeanor
Ow"
(a) A violation of any section of this article shall be unlawful, the penalty shall be as provided
by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be
subject to suspension or revocation in accordance with this article.
Page 23 of 41
(b) Any such violation may be tried in the Municipal Court of Milton if no jury trial is
demanded, otherwise trial shall be in the State Court of Fulton County.
State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum
punishments which may be imposed for violations of city/county ordinances, O.C.G.A. § 36-1-
20(b).
Section 3: Condition of premises; restrictive acts
(a) The licensed premises shall be kept clean and shall be in full compliance with all regulations
of Milton governing the conditions of premises.
(b) The Fulton County Health Department shall regularly inspect such licensed premises to
determine that such licensed premises are in compliance with all Fulton County and state health
rules and regulations and report any violations to the City Manager or designee(s).
(c) The Milton or Fulton County Fire Department shall regularly inspect the premises to see
that they are in compliance with all Milton, Fulton County, and state fire regulations and report
any violation to the City Manager or designee(s).
(d) The Milton Community Development Department shall regularly inspect the licensed
premise(s) to determine if the premise(s) are in compliance with all technical code(s) of Milton
and Fulton County and report any violation to the City Manager or designee(s).
(e) The Milton or Fulton County Police Department shall periodically inspect the premise(s) to
determine if the licensed premise(s) are in compliance with all provisions of this article and
report any violation to the City Manager or designee(s).
Section 4: Days allowed for sale
The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to
O.C.G.A. § 3-3-20.
The sale of alcoholic beverages on Sunday and holidays is limited to provision of state law,
pursuant to O.C.G.A. § 3-3-20 and O.C.G.A. § 3-3-7.
Section S: Hours
The sale of distilled spirits by the drink for consumption on premises shall be permitted
only during the following hours and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 am. until 2:00 am. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed
establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total
annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(1)].
Page 24 of 41
(c) All licensed premises shall close their premises to the public and clear the premises of patrons
within thirty (30) minutes after the time set in this section for discontinuance of the sale of
V&"W alcoholic beverages on the premises.
(d) The sale of alcoholic beverages shall not be permitted within two hundred fifty (250) feet of
any polling place on primary or election days
(e) The sale of alcoholic beverages shall not be permitted on Christmas day [see O.C.G.A. § 3-3-
20]
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of
distilled spirits by the drink shall comply with the following:
(1) The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2) The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3) The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4) Comply with all requirements of Article l: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
Section 6: Conditions for a licensee's operation
(a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a
bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or
brand name of any alcoholic beverage.
(b) Indication of prices. All licensees hereunder, except private clubs, shall display in
prominent places or on their menus, their current prices of alcoholic beverages by the drink. The
licensee shall furnish to any customer that so desires an itemized bill of charges which shall not
exceed the established price list. The City Manager or the City Manager's designee shall
regularly inspect the records of all sales of alcoholic beverages for consumption on the premises
and total sales to determine that the licensee is in compliance with this article.
(c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in
any news media or by any other means the fact that alcoholic beverages by the drink may be
purchased at such establishment; provided, however, that the licensees hereunder shall be
permitted to use the words "your favorite beverages served."
(d) Sale; location of. It shall be unlawful for any sales to be made outside of the building,
premises, or place of business licensed for such sale except as permitted herein.
(e) Opened original packages on licensed premises prohibited. It shall be unlawful for any
o-* person except a licensee, his/her manager, or agent in charge of licensed premises, to carry into
or have in his possession on any licensed premises, any alcoholic beverages in the original
Page 25 of 41
•POW. package the seal of which has been broken or the original package opened, provided that this
section shall not apply to private clubs.
(f) Fingerprinting of employees. No person may be employed by an establishment holding a
license hereunder until such person has been fingerprinted by the police department and has been
issued a letter of clearance by the police department indicating the person has not violated any
law defined by this article. Then a letter of compliance shall be issued by the police department
indicating the person is eligible for such employment. This shall include performers, entertainers,
bartenders, barmaids, bouncers, and musicians engaged in temporary work, as well as regular
employees.
(1) All persons subject to the provisions of this section shall, within forty-eight (48)
hours after the date of their first work in an establishment holding a permit to sell
alcoholic beverages by the drink to be consumed on the premises, report to the Milton
Police Department for purposes of being fingerprinted.
(2) The police department shall have a complete and exhaustive search made relative to
any police record of the person fingerprinted. In the event there is a violation of laws
as defined in this article, the police department shall issue a letter to the person
fingerprinted stating that the person is eligible for employment.
(3) Excluded from the provisions of this section are employees whose duties are not in
any way involved with the preparation of or service of alcoholic beverages; musicians
and entertainers, however, are not excluded.
(4) Any letter of eligibility for employment issued hereunder shall expire twelve (12)
months from the date of issue. The Mayor and City Council may prescribe reasonable
fees for certifying the eligibility of employment.
Section 7: No sales to minors or physically or mentally incapacitated persons
No licensee shall sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A.
§ 3-3-23, as amended, which reads as follows:
(a) Except as otherwise authorized by law:
(1) No person knowingly, by himself or through another, shall sell, cause to be furnished,
or permit any person in his employ to sell or furnish any alcoholic beverage to any
person under twenty-one (21) years of age.
(2) No person under twenty-one (21) years of age shall purchase or knowingly possess
any alcoholic beverage.
(3) No person under twenty-one (21) years of age shall misrepresent his age in any
manner whatsoever for the purpose of obtaining illegally any alcoholic beverage.
(4) No person knowingly or intentionally shall act as an agent to purchase or acquire any
alcoholic beverage for or on behalf of a person under twenty-one (2 1) years of age.
(b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not
apply to the sale, purchase, or possession of alcoholic beverages for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to
practice medicine in this state.
,,. (2) At a religious ceremony.
Page 26 of 41
(3) In the home with parental consent.
WW -W (c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to
sale of alcoholic beverages by a person when such person has been furnished with proper
identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21)
years of age or older. For purposes of this subsection, 'proper identification' means any
document issued by a governmental agency containing a description of the person, such person's
photograph, or both, and giving such person's date of birth and proper identification includes,
without being limited to, a passport, military identification card, driver's license, or an
identification card authorized under O.C.G.A. tit. 40, ch. 5, art. 100(0.C.G.A. § 40-5-100),
requiring the department of public safety to issue identification cards to handicapped persons
who do not have a motor vehicle driver's license. 'Proper identification' shall not include a birth
certificate.
(d) No licensee shall allow or require a person in his or her employment under eighteen (18)
years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall
not prohibit persons under 18 years of age who are employed in supermarkets, convenience
stores, or drugstores from selling or handling alcoholic beverages which are sold for
consumption off the premises.
(e) Testimony by any person(s) under twenty-one (21) years of age, when given in an
administrative or judicial proceeding against another person(s) for violation of any provision of
this section, shall not be used in any administrative or judicial proceeding brought against such
testifying person(s) under twenty-one (2 1) years of age.
(f) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. title 15,
ch. 11 (O.C.G.A. § 15-11-1 et seq.) (pertaining to juvenile proceedings); or to any person(s) who
is physically or mentally incapacitated due to the consumption of alcoholic beverage(s). Nor
shall any licensee violate O.C.G.A. § 3-3-22, as amended, which provides as follows: 'No
alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any
person who is in a state of noticeable intoxication.' A violation of this section shall be cause for
suspending or revoking such license in accordance with provisions of this article.
Section 8: Minors prohibited on licensed premises unless accompanied by parent, guardian, or
custodian
No person who holds a license to sell distilled spirits by the drink shall allow any minors
to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such
minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such
minors shall be permitted in eating establishments or private clubs without being accompanied
by a parent, legal guardian, or custodian, and, provided further, that this section shall not apply to
minors who are employees under the terms of this article.
Page 27 of 41
Section 9: Employment of minor
No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle
alcoholic beverages who is under 18 years of age.
Section 10: Minors misrepresenting age
It shall be unlawful for any minor to falsely misrepresent his age in any manner
whatsoever where said minor's purpose is to acquire and possess alcoholic beverages.
Section 11: Happy hour prohibited
No holder of any license to sell distilled spirits for consumption on the premises shall
engage in any one of the following practices in connection with the sale or other disposition of
distilled spirits:
(a) The sale of distilled spirits during any special period of the day at prices lower than
customarily charged at the premises for distilled spirits during the remainder of the day.
(b) The giving away of any distilled spirits in conjunction with the sale of any other distilled
spirits.
(c) The sale of two or more distilled spirits for a single price, including the sale of all distilled
spirits a customer can or desires to drink at a single price.
(d) The sale or serving of two or more distilled spirits at substantially the same price
customarily charged for one such wine or malt beverage.
(e) Requiring or encouraging the purchase of a second distilled spirit at the same time another
distilled spirit is purchased or before the first such beverage has been consumed.
(f) The sponsoring, conducting or allowing of contests or other promotions on the premises
which have as their primary purpose the increasing of the consumption of distilled spirits on the
premises.
(g) Allowing distilled spirits purchased on the premises to be removed from the premises
without having been consumed.
(h) Selling distilled spirits in pitchers or in jumbo or extra -large containers for less than the
normal retail price charged for an equivalent volume of distilled spirits in a normal size glass or
pitcher.
(i) This section shall not apply to private functions not open to the public. "Private function not
open to the public" shall mean any function wherein the licensee has agreed to the use of the
licensee's establishment by a person, firm or organization for a set period of time for valuable
consideration.
Page 28 of 41
It is the intent of this section to prohibit activities typically associated with promotions
referred to as "happy hour."
Section 12: Conflicting interests
No financial aid or assistance to any licensee hereunder from any wholesaler or
manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted.
Article 3: Retail Sales of Beer or Malt Beverages and Wine for Consumption On the
Premises.
Section 1: Type of retail establishment where permitted
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold except:
(a) In eating establishments having a full service kitchen (a full service kitchen will consist of a
three -compartment sink, a stove or grill permanently installed, a refrigerator, all of which must
be approved by the health and fire departments), prepared to serve food every hour they are
open;
(b) At a publicly owned golf course.
These eating establishments must be located in a zoning district which permits restaurants
and drive-in restaurants as conforming uses or where these eating establishments are incidental
to a hotel or motel.
Section 2: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount as set
by resolution of the City Council to defray investigative and administrative costs. If the
application is denied and the license refused, or if the applicant withdraws his application prior to
being issued, the license fee shall be refunded, but the amount paid for investigation shall be
retained. However, any person applying for more than one license shall pay only one fee to
defray investigative and administrative expenses, which fee shall be the largest of the
investigative and administrative fees authorized under this Code. Any applicant for a license
under this article who has in existence at the time of making the new application an existing
license under this article shall pay no investigative and administrative costs.
Section 3: Hours and days of sale
W„„ The sale of beer or malt beverages and/or wine by the drink for consumption on premises
shall be permitted only during the following hours and days of the week, as indicated:
Page 29 of 41
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed
`ob" establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total
annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 0)(1)].
(c) All licensed premises shall close their premises to the public and clear the premises of patrons
within thirty (30) minutes after the time set in this section for discontinuance of the sale of
alcoholic beverages on the premises.
(d) The sale of beer or malt beverages and/or wine shall not be permitted within 250 feet of any
polling place on primary or election days.
(e) The sale of beer or malt beverages and/or wine shall not be permitted on Christmas day [see
O.C.G.A. § 3-3-20].
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of beer
or malt beverages and/or wine by the drink shall comply with the following:
(1) The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2) The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3) The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4) Comply with all requirements of Article 1: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
Article 4: Retail Package Sales of Malt Beverages and Wine
State law references: License from county or municipality required for wholesale or retail sales
of wine, O.C.G.A. § 3-6-40.
Section 1: Type of retail establishment where permitted
No beer or malt beverage and/or wine shall be sold at retail except in establishments
maintaining fifty (50) percent of the floor space and storage area in a manner which is devoted
principally to the retail sale of grocery products and located in zoning districts in which these
establishments are permitted as a conforming use or in districts where an existing establishment
exists as a nonconforming use.
Page 30 of 41
(a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine
except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours
within which business may be carried on shall be determined by the standard time in force at the
time of the sale of beer or malt beverages and/or wine.
(b) Retail package beer and/or wine shall not be sold at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) No retail package alcoholic beverages shall be sold on Sunday.
Section 3: Use of tags or labels to indicate prices
Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf
immediately below where the containers are placed the prices of all beer and wine exposed or
offered for sale.
Section 4: Quantity sale requirements
Single cans or bottles or other containers of alcoholic beverages may be sold.
Section 5: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount set by
resolution of the City Council to defray investigative and administrative costs. If the application
is denied and the license refused, or if the applicant withdraws his application prior to its being
issued, the license fee shall be refunded; but the amount paid for investigation and administrative
cost shall be retained. However, any person applying for more than one license shall pay only
one fee to defray investigative and administrative expenses, which fee shall be the largest of the
investigative and administrative fees authorized under this Code. As to any applicant for a
license under this article who has in existence at the time of making the new application an
existing license under this article, there shall be no investigative and administrative fee.
Article 5: Retail Package Sales of Distilled Spirits
State law references: Regulation by county or municipality required of package sales of distilled
sprits, O.C.G.A. § 3-4-49
No retail package liquor licensed place of business shall be licensed to operate within five
hundred (5000 yards of any other business licensed to sell package liquor at retail, as measured
#„„ by the most direct route of travel on the ground; provided, however, that this limitation shall not
apply to any hotel licensed under this chapter.
Page 31 of 41
Article 6: Wholesalers
Section]: Special provisions applicable to wholesale purchases
(a) Any person desiring to sell at wholesale any alcoholic beverages in the City shall make
application to the City Manager for a license to do so, which application shall be in writing on
the prescribed forms, and pay any license as set by the Mayor and City Council.
(b) No person who has any direct financial interest in any license for the 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.
(c) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler
licensed under this article. 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.
(d) 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.
Section 2: Hours and days of sale
Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m.
and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic beverages on
Sunday.
Section 3: Audit and penalties
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit.
(b) Any licensee who violates any provisions of this article may, upon conviction, be punished
by a fine of not less than three hundred dollars ($300.00) for each offense and/or thirty (30) days
in the common jail of the city, and the license may be suspended or revoked.
Article 7: Private Clubs
State law references: Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq.
Section 1: Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Page 32 of 41
(a) "Fixed salary" means the amount of compensation paid any member, officer, agent, or
employee of a bona fide private club as may be fixed for him by its members at a prior annual
meeting or by the governing body 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 regulation shall not be
considered as profits from the sale of alcoholic beverages.
(b) "Private club " means any nonprofit association organized under the laws of this state which:
(1) Has been in existence at least one year prior to the filing of its application for a
license to be issued pursuant to this article;
(2) Has at least seventy-five (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. Suitable kitchen and dining room space and equipment;
b. A sufficient number of employees for cooking, preparing and serving meals
for its members and guests; and
c. 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.
(c) "Sports club" means an association or corporation organized and existing under the laws of
the state, organized and operated primarily to provide a location for the patrons thereof to engage
*■°^ in sporting events. To qualify for an alcoholic beverage consumption dealer'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, the two-year operational
requirement shall not apply to golf club associations or golf club corporations where the selling
or the serving of alcoholic beverages is to take place on the golf course premises. A sports club
organized or operated primarily for serving of alcoholic beverages shall not qualify for licensing
under this article, and accordingly shall not be permitted to serve alcoholic beverages at any
time. Unless otherwise indicated, a sports club licensee shall comply with all other requirements
imposed upon retail consumption dealers.
Section 2: Regulation of sale of alcoholic beverages
Private clubs may sell and dispense alcoholic beverages upon compliance with all
applicable ordinances and regulations of the City 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.
Section 3: Certain organizations exempt from food establishment requirements
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 shall be subject to all
Page 33 of 41
ordinance regulations dealing with general licensing and consumption on the premises
establishments.
Section 4: Investigative and administrative costs
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount set by
resolution of the City Council for distilled spirits and/or beer and/or wine to defray investigative
and administrative costs. If the application is denied and the license refused, or if the applicant is
denied a state license, the deposit representing the license fee shall be refunded, but the amount
paid for investigation and administrative cost shall be retained. However, any person applying
for more than one license shall pay only one fee to defray investigative and administrative
expenses, which fee shall be the largest of the investigative and administrative fees authorized
under this Code. Any applicant for a license under this article who has in existence at the time of
making the new application an existing license under this article shall pay no investigative and
administrative costs.
Section 5: Hours and days of sale
(a) No alcoholic beverages shall be sold for consumption on the premises except between the
hours of 9:00 a.m. and 4 a.m. Monday through Saturday.
^^ (b) Alcoholic beverages shall not be sold for consumption at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) The sale of beer and/or wine for consumption on the premises is permitted on Sundays from
12:30 p.m. until 12:00 midnight in: (i) any licensed establishment which derives at least fifty
percent (50%) of its total annual gross sales from the sale of prepared meals or foods in all of the
combined retail outlets of the individual establishment where food is served; (ii) any licensed
establishment which derives at least fifty percent (50%) of its total annual gross income from the
rental of rooms for overnight lodging.
(d) Alcoholic beverages may be sold for consumption on the premises from 12:00 midnight to
2:00 a.m. on any Monday which is New Year's Day, January 1, of any year.
Section 6: Eligibilityfor issuance of a temporary special event license
(a) A temporary license may be issued to any person, firm or corporation, for a period not to
exceed ten days in any one year, for an approved special event. The person, firm or corporation
must make application and pay the fee that may be required by the ordinances and shall be
required to comply with all the general ordinances and the licensing and regulations for a
consumption on the premises establishment with the exception of the full service kitchen
requirement.
(b) The special event must meet the following criterion prior to the issuance of a license to sell
alcoholic beverages:
Page 34 of 41
(1) The special event must be associated with and benefit the cause of a charitable or
civic organization.
(2) The special event must receive approval from the City police department on crowd
control and security measures.
(3) The special event must receive approval from the City department of transportation,
traffic operations section, on traffic control measures.
(4) The location at which the special event is to take place must be properly zoned and
approved by the City planning and development department.
(5) The premises at which the special event is to take place must be approved by the City
Manager.
(c) Any employee or volunteer of the special event licensee, working the special event in any
position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be
required to obtain a pouring permit for the special event.
(d) The chief of police or his designee may immediately revoke any temporary license for a
special event if it is determined continued alcohol sales may endanger the health, welfare or
safety of the public.
(e) As a condition on the issuance of a temporary special event license, the licensee shall
indemnify and hold the City harmless from claims, demand or cause of action which may arise
from activities associated with the special event.
Article 8: Hotel -Motel In -Room Service
Section 1: License
(a) In -room service means the provision of a cabinet or other facility located in a hotel -motel
guestroom which contains beer and/or wine only, which is provided upon written request of the
guest and which is accessible by lock and key only to the guest and for which the sale of the beer
and/or wine contained therein is final at the time requested except for a credit which may be
given to the guest for any unused portion.
(b) Any hotel -motel that acquires this in -room service shall also be required to obtain a
consumption on the premises license and meet all of the requirements of this chapter.
(c) No hotel -motel shall be authorized to provide in -room service until it has been issued a
special license to do so. A license fee as set forth by resolution of the City Council be imposed to
provide only beer and/or wine by "in -room service."
(d) The sale of beer and/or wine by in -room service shall be subject to all restrictions and
limitations relative to the retail sale of any alcoholic beverages, except as provided otherwise in
this article.
Page 35 of 41
(e) Keys for in -room service shall only be sold to guest between the hours of 7:00 a.m.
unti112:00 midnight Monday through Saturday and between the hours of 12:30 p.m. until
midnight on Sunday.
Article 9: Happy Hour
Section 1: 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 the premises, shall:
(1) Offer or deliver any free alcoholic beverage to any person or group of persons.
(2) Deliver more than two alcoholic beverages to one person at a time, however, nothing
herein shall prohibit a brewpub from offering a sampler of malt beverages in
containers not exceeding four ounces. Each sampler shall not exceed four different
types of malt beverages.
(3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverage at a price less than the price regularly charged for such alcoholic beverage
during the same calendar week, except at private functions not opened 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 alcoholic beverages to any person or group of persons
on any one day at prices less than those charged the general public on that day,
except at private functions not opened to the public.
(6) Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, in any
container which holds more than thirty-two (32) fluid ounces (.947 liters), except to
two or more 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.
(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 licensee shall
not vary the schedule of prices from day to day or from hour to hour within a single day. 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 subsection (a) of this section.
(d) No provision of this section shall be construed to prohibit licensees from offering free food
or entertainment at any time, to prohibit licensees from including an alcoholic beverage as part of
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a meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with
meals or to more than one person.
(e) It is the intent of this section to prohibit activities typically associated with promotions
referred to as happy hour or similarly designated promotions.
(f) The police department shall have responsibility for the enforcement of this article.
(g) 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/or services, the alcoholic beverages must be priced separately and all
customers 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.
(h) Any person deemed guilty of violating this section may be punished by a fine not to exceed
the maximum amount allowed by state law and/or by imprisonment not to exceed thirty (30)
days in the common jail of the city. Licensees may further be subject to revocation proceedings.
Article 10: Excise Taxes
*State law references: Levy of tax on sale of distilled spirits by the package authorized, O.C.G.A.
§ 3-4-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60.
Section 1: Bottled Distilled Spirits by the Package and Wine by the Package; Rate
(a) An excise tax is levied on the sale of distilled spirits by the package, at the wholesale level,
and is set at the rate set forth by resolution of the City Council.
(b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level
and is set at the rate set forth by resolution of the City Council.
(c) The excise tax(s) imposed shall be collected by all wholesalers selling wines and alcoholic
beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said
excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such
beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the
Revenue Division of the City of Milton, on or before the 15th day of each month, for the
preceding calendar month. This remittance shall be submitted on forms as prescribed or
authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by
a statement under oath from a responsible person employed by the wholesaler showing the total
sales of each type of wine and alcoholic beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of wine and alcoholic beverages, by size and type
of container, constituting a beginning and ending inventory for the month, sold to every person
holding a retail license for the sale of wine and alcoholic beverages in the City of Milton. Failure
'^ to file such a statement, or to remit the tax collected on or before the 15th day of each month,
shall be grounds for suspension or revocation of the license provided for by this chapter.
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Section 2: Levy of Excise Tax on Sale of Malt Beverages; Reporting of Sales; Payment of Tax.
(a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is
set at the rate set forth by resolution of the City Council (b) The excise taxes imposed shall be
collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale
to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the
time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the
proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of
each month, for the preceding calendar month. This remittance shall be submitted on forms as
prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be
accompanied by a statement under oath from a responsible person employed by the wholesaler
showing the total sales of each type of malt beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of malt beverages, by size and type of container,
constituting a beginning and ending inventory for the month, sold to every person holding a retail
license for the sale of malt beverages in the City of Milton. Failure to file such a statement, or to
remit the tax collected on or before the 15th day of each month, shall be grounds for suspension
or revocation of the license provided for by this chapter.
Section 3: Sales of Distilled Spirits by the Drink
(a) An excise tax is levied upon every sale of alcoholic beverages containing distilled spirits
purchased by the drink at the retail level and is set at the rate set forth by resolution of the City
*"" Council.
.m. (b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the
City of Milton shall, at the time of sale for food and drinks served, itemize separately the price of
each sale of alcoholic beverages containing distilled spirits.
(c) Every licensee is required to pay the tax imposed herein for sale of alcoholic beverages
containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish
all information as may be requested by the City to facilitate the collection of this tax. Any
licensee who shall neglect, fail, or refuse to pay the tax herein provided, upon all retail sales
made by licensee of alcoholic beverages containing distilled spirits by the drink shall be liable
for and pay the tax himself.
(d) Due dates, returns and collection fees.
(1) All taxes collected by any licensee by this section shall be due and payable to the
Revenue Division of the City of Milton monthly on or before the twentieth (20th) day
of every month next succeeding each respective monthly period.
(2) The return for the preceding monthly period shall be filed with the City of Milton in
such form as the City may prescribe or authorize and signed by the licensee liable
for the payment of tax hereunder.
(3) Returns shall show the gross receipts from the sale of food, if applicable, alcoholic
beverages containing distilled spirits, indicating the number sold, by the drink,
amount of tax collected or authorized due for the related period, and such other
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information as may be required by the City, on forms prescribed or authorized by the
City.
(4) The licensee shall deliver the return, together with the remittance of the net amount
of tax due to the Revenue Division of the City of Milton.
(5) Licensees collecting the tax shall be allowed three percent (3%) of the first three
thousand dollars ($3,000.00) of tax due and one-half percent (1/2%) of the amount in
excess of three thousand dollars ($3,000.00) as a vendor's credit under this section
and shall be reimbursed in the form of a deduction in submitting, reporting and
paying the amount due, if said amount is not delinquent at the time of payment. The
rate of the deduction shall be the same rate authorized for deductions from state law
as now or hereafter amended.
Section 4: Deficiency Determinations.
(a) If the City of Milton is not satisfied with the return or returns of the tax or the amount of the
tax required to be paid to the City of Milton by a party, the City may compute and determine the
amount required to be paid upon the basis of any information within its possession or that may
come into its possession. One, or more, deficiency determinations may be made of the amount
due for any monthly period.
(b) The amount determined to be deficient shall bear interest at the rate of one percent (1%) per
month, or fraction thereof, from the fifteenth (15th) day of the month after the close of the period
for wholesale tax due, or from the twentieth (20th) day after the close of the period for retail tax
due, which the amount or any portion thereof should have been returned until paid, in addition to
*NW any other penalties which may be imposed.
(c) For any deficiency which is determined to be made due to fraud, or an intent to evade any
provisions of this ordinance, a penalty of twenty-five percent (25%) of the deficiency shall be
added thereto.
(d) The City shall give to the licensee written notice of the determination. The notice may be
served personally or by mail; if by mail such service shall be addressed to the licensee at his
address as it appears in the records of the City. In the case of service by mail of any notice
required by this Article, the service is complete at the time of deposit in the United States Post
Office.
(e) Except in the case of fraud, intent to evade this ordinance, or failure to make a return, every
notice of deficiency determination shall be mailed within three (3) years after the twentieth (201h)
of the calendar month following the monthly period for which the amount is proposed to be
determined, or within three (3) years after the return is filed, whichever period should last expire.
Section S: Determination of Tax if no Return Made.
(a) If any licensee fails to make a return, the City of Milton shall 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 or periods
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No Text
4b-J
�-^- 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 possession of the City. 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 an intent to evade this ordinance,
a penalty of twenty-five percent (25%) of the amount required to be paid by the party shall be
added thereto in addition to any other penalties which are imposed under this ordinance.
(c) The City shall promptly give to the party written notice of the deficiency.
Section 6: Interest and Penalties for Failure to Pay Tax.
(a) Any party who fails to pay the tax herein imposed by the City of Milton or fails to pay any
amount of such tax required to be paid by the party, shall in addition to the tax, pay an interest on
the outstanding tax obligation at the rate of one percent (1%) per month, or fraction thereof, from
the date the tax payment was last due until payment is made.
(b) Any party who fails to pay the tax herein imposed to the City or fails to file any required tax
return to the City, within the time required shall pay a penalty of fifteen percent (15) of the tax,
or amount of the tax and interest, due the City.
Section 7: Failure to Pay; Grounds for Suspension or Revocation of Retail License.
*00 Failure to pay the taxes imposed by this article or file the required return shall be grounds for
suspension or revocation of any retail license to sell alcoholic beverages in the City of Milton. 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 article, it shall be grounds for suspension or revocation of any retail license
to sell alcoholic beverages in the City. In the event that any person holding a retail license shall
fail or refuse to pay to the wholesaler selling to him alcoholic beverages the tax imposed by the
City, the wholesaler shall immediately report such failure to pay to the business license division
of the City 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.
Article 11: Brewpubs
Section 1: Definition; licensing; excise tax; administration
(a) License required. No person, firm or corporation shall be issued a brewpub license without
first obtaining a retail consumption license.
(b) Authorization of license holder. A brewpub license authorizes the holder of such license to
�^- manufacture on the licensed premises not more than fifteen hundred (1,500) barrels of beer in a
calendar year solely for retail sale on the premises and solely in draft form.
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(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this
article to any wholesaler is prohibited.
(d) Excise tax. There is hereby levied an excise tax on all beer and malt beverage produced by
a brewpub at the rate set forth by resolution of the City Council. Such tax shall be paid to the
Revenue Division no later than the twentieth (20th) day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent (10%) of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(e) Administration.
(1) The City Treasurer, or his/her designee, is authorized to establish procedures for
administering all provisions of this article to include, but not limited to, reporting
forms and requirements, or establishing procedures and schedules for conducting
financial audits or inspections of the books or records of any establishment licensed
under this article.
(2) Every brewpub located within the City shall file a monthly report with the Revenue
Division, no later than the twentieth (20th) day of each month, on such forms as the
Revenue Division may prescribe, setting forth all malt beverages produced during
such preceding calendar month, to include beginning and ending inventories. Such
report shall also indicate the total production of malt beverages 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 late filing
penalty set forth by resolution of the City Council.
Section 2: Severability
If any section, provision or clause of any part of this article shall be declared invalid or
unconstitutional, or if the provisions of any part of this article as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
shall not be construed to affect the portions of this article not so held to be invalid, or the
application of this article to other circumstances not so held to be invalid. It is hereby declared as
the intent that this article would have been adopted had such invalid portion not been included
herein.
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