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HomeMy WebLinkAboutORDINANCE NO. 11-07-107STATE OF GEORGIA ORDINANCE NO. 11-07-107 COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOLIC BEVERAGES, OF THE CITY OF MILTON CODE OF ORDINANCES TO AUTHORIZE THE PACKAGE SALES OF MALT BEVERAGES, WINE AND DISTILLED SPIRITS BY CERTAIN RETAIL PACKAGE LICENSEES DURING CERTAIN HOURS ON SUNDAYS; TO PROVIDE FOR THE REPEAL OF CONFLICTING LICNBEVERAGES AUTHORIZE SUNDAYSEFANDN FOR UM OOTHERPACKAGE LAWFUL SALE OF ALCOHO PURPOSES WHEREAS, Chapter 7 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages within the City of Milton; and WHEREAS, the members of the 2011 Session of the Georgia General Assembly adopted Senate Bill 10, which authorizes Sunday package sales of alcoholic beverages by licensed package retail dealers under certain conditions and subject to a local referendum; and WHEREAS, the package sale of alcoholic beverages is currently lawful in the City of Milton during certain hours on Monday through Saturday; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City's residents VA" to amend the provisions of this Ordinance in accordance with the provisions of Senate Bill 10 to permit the package sale of alcoholic beverages during certain hours on Sundays subject to a referendum. Now THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the 6th day of July, 2011 at 6 p.m. as follows: SECTION 1. That this Ordinance relating to amending Chapter 7 Alcoholic Beverages of the City of Milton Code of Ordinances is hereby adopted and approved as follows: Chapter 7, Article 4, Section 2 (codified as Section 4-189) of the Alcoholic Beverages Ordinance shall be modified by deleting the existing subsection (a) and replacing it with the following new subsection (a): (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except: (i) between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday; and (ii) on Sundays between the hours of 12:30 p.m. and 11:30 p.m. Chapter 7, Article 5 (codified as Chapter 4, Article 4, Division 3) of the Alcoholic Beverages Ordinance shall be modified to include the following new Section 4-213: Section 4-213. Hours and days of operation. (a) Retail package licensees shall not engage in the sale of distilled spirits except: (i) between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday; and (ii) on Sundays between the hours of 12:30 p.m. and 11:30 p.m. (b) Retail package distilled spirits shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. All other portions of the Alcoholic Beverages Ordinance shall remain undisturbed and are hereby reaffirmed. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance is conditioned upon approval in a referendum to be held on November 8, 2011. The election superintendent shall call the election 2nd Senate Bill l qIf more than submit to the qualified of the City the question set forth in Section One (O.C.G.A. § 3-3-7(q)(2) one-half of the votes cast on the question are for approval, this Ordinance shall become effective on November 19, 2011 if the City has declared the certified election results by that date. If the question is not so approved, this Ordinance shall not become effective and shall be deemed repealed without further action of the Mayor and Council. ORDAINED this the 6th day of July, 201 L Approved: Joe Lockwood, a Vr Attest: Sudie AM o�CiClerk 1�. City of Milton 13000 Deerfield Parkway, Suite A, Milton, GA 30004 CERTIFICATE I, Sudie AM Gordon, City Clerk and Custodian of Records for the City of Milton, certify that the attached Ordinance No. 11-07-107, Ordinance to Amend Chapter 7, Alcoholic Beverages, of the City of Milton Code of Ordinances to Authorize the Package Sales of Malt Beverages, Wine and Distilled Spirits by Certain Retail Package Licensees During Certain Hours on Sundays; to Provide for the Repeal of Conflicting Ordinances; to Authorize a Referendum on the Package Sale of Alcoholic Beverages on Sundays; and for Other Lawful Purposes is a true and correct copy. This 12th day of July, 2011. 4 Sudie AM Gordon City Clerk U