HomeMy WebLinkAboutOrdinance No. 11-08-108 (2)STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, OF THE CITY OF
MILTON CODE OF ORDINANCES TO AUTHORIZE THE BROWN BAGGING OF
ALCOHOLIC BEVERAGES BY INDIVIDUALS INTO ESTABLISHMENTS POSSESSING A
BROWN BAG ESTABLISHMENT ALCOHOL LICENSE
WHEREAS, Chapter 4 of the City of Milton Code of Ordinances regulates the sale of alcoholic
beverages within the City of Milton; and
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on August 1, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to Alcoholic Beverages in the City of Milton is
amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 1" day of August, 2011.
Joe Lockwoo ayor
Attest:
Sudie AM Gordon, Ci y Clerk
STATE OF GEORGIA
COUNTY OF FULTON
Sec. 4-1. - Definitions.
ORDINANCE NO. 11-08-108
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:
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
Alcoholic beverage includes all alcohol, distilled spirits, beer, malt
beverage, wine or fortified wine as defined in this section.
Applicant means the person, partner, firm or corporation, as owner, or
other entity authorized to represent the business making application for the
license.
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
14 percent alcohol by volume.
(1) The term "beer or malt beverage" includes ale, porter, brown, stout,
lager beer, small beer, and strong beer.
(2) The term "beer or malt beverage" also includes beverages known
as "nonalcoholic beer." The term "nonalcoholic beer" means a
beverage which is made by the 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 alcohol by
volume.
(3) The term "malt beverage" does not include sake, known as
Japanese rice wine.
Bottle house (Brown bag establishment or brown bagging or brown
bagged) 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 wine on the premises. Throughout this chapter the phrase
Bottle house establishment or Brown bag establishment are used
interchangeably and are considered synonymous. Brewpub means an
accessory use to a permitted restaurant where distilled spirits, malt beverages or
wines are licensed to be sold and where beer or malt beverages are
manufactured or brewed for consumption on the premises and solely in draft
form.
Church building means the main structure used by any religious
organization for the purpose of worship.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
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.
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.
(1)
The term "full-service kitchen" consists of:
a. A three -compartment pot sink;
b. A stove or grill permanently installed; and
c. A refrigerator all of which must be approved by the health and
fire departments.
(2) An eating establishment will be prepared to serve food every hour
they are open and will derive as least 50 percent of its annual gross food
and beverage sales from the sale of prepared meals or food.
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 or
her by its members at a prior annual meeting or by the city council 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.
Fortified wine means any alcoholic beverage containing more than 21
percent alcohol by volume made from fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added. Fortified wine
includes, but is not limited to, brandy.
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.
Hotel 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 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 this definition.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
License means an authorization granted by the city to operate as:
(1) A retail consumption dealer;
(2) A retail package dealer;
(3) A wholesale dealer; or
(4) A Bottle house / A Brown bag establishment.
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.
Liter means the metric measurement currently used by the United States.
Manufacturer means any maker, producer, or bottler of an alcoholic
beverage. The term "manufacturer" also means:
(1) In the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits;
(2) In the case of malt beverages, any brewer; and
(3) In the case of wine, any vintner.
Package means a bottle, can, keg, barrel, or other original consumer
container. The term "retail package alcoholic beverages" includes all alcoholic
beverages in their original container, sold at retail to the final consumer, and not
for resale.
Pouring permit means an authorization granted by the city to cork,
dispense, sell, serve, take orders, or mix alcoholic beverages in establishments
licensed as a retail consumption dealer or Brown bag establishment.
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.
which:
Private club means any nonprofit association organized under state law
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
(1) Has been in existence at least one year prior to the filing of the
application for a license to be issued pursuant to this chapter;
(2) Has at least 75 regular dues -paying members;
(3) Owns, hires or leases a building or space within a building for the
reasonable use of its members with:
a. Suitable kitchen and dining room space and equipment; and
b. A sufficient number of employees for cooking, preparing and
serving meals for its members and guests;
(4) Has no member, officer, agent or employee directly or indirectly
receiving in the form of salary or other compensation any profits from the
sale of alcoholic beverages beyond a fixed salary.
Retail consumption dealer means any person who sells alcoholic
beverages for consumption on the premises, at retail, only to consumers and not
for resale.
School building or educational building applies 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 the
state and which are public schools and private schools as defined in O.C.G.A. §
20-2-690(b). The term "school building" includes only those structures in which
instruction is offered.
Sports club means an association or corporation organized and existing
under state law, organized and operated primarily to provide a location for the
patrons thereof to engage in sporting events.
(1) To qualify for an 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.
(2) A sports club organized or operated primarily for serving alcoholic
beverages shall not qualify for licensing under this chapter, and
accordingly shall not be permitted to serve alcoholic beverages at any
time.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(3) Unless otherwise indicated, a sports club licensee shall comply with
all other requirements imposed upon retail consumption dealers.
Retail package dealer means any person who sells unbroken packages,
at retail, only to consumers and not for resale.
Wholesaler or wholesale dealer means any person who sells alcoholic
beverages to:
(1) Other wholesale dealers;
(2) Retail dealers; or
(3) Retail consumption dealers.
Wine means any alcoholic beverage containing not more than 21 percent
alcohol made from fruits, berries, or grapes either by natural fermentation or by
natural fermentation with brandy added.
(1) The term "wine" includes, but is not limited to, all:
a. Sparkling wines, champagnes, and combinations of such
beverages;
b. Vermouths; and
c. Special natural wines, rectified wines, and like products.
(2) 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.
(3) A liquid shall first be deemed to be a wine at the point in the
manufacturing process when it conforms to this definition.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 2), 12-6-2007)
State law reference— Similar definitions, O.C.G.A. § 3-1-2.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Sec. 4-2. - Penalty; misdemeanor.
(a) A violation of any section of this chapter 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 chapter.
(b) Any such violation may be tried in the city municipal court if no jury trial is
demanded, otherwise trial shall be in the state court of Fulton County.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 2), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 2, § 2), 12-6-2007)
State law reference— Punishment for misdemeanors generally, O.C.G.A. § 17-
10-3; maximum punishments which may be imposed for violations of city or
county ordinances, O.C.G.A. § 36-1-20.
Sec. 4-3. - License is a privilege.
(a) Granted by mayor and city council. 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 chapter.
(b) Privilege. All licenses in this chapter shall be a mere grant of privilege to
carry on the business during the term of the license, subject to all the terms and
conditions imposed by this Code and state law.
(c) Required language. All licenses pursuant to this chapter shall have printed
on the front these words:
"This license is a mere privilege subject to being revoked and annulled, and is
subject to any further ordinances that may be enacted by the city."
(d) Compliance with state law required. Any holder of a license issued pursuant
to this chapter to operate as a retail consumption dealer, a retail package dealer,
or a wholesale dealer 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 1), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 1), 12-6-2007)
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
State law reference— License as privilege, O.C.G.A. § 3-3-1; 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.
Sec. 4-4. - Delinquent taxes; city authority to execute.
If any person shall fail to pay the sum due under this chapter, the city
manager or his or her designee shall issue an execution against the person so
delinquent and his or her property for the amount of the delinquent fee or tax.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 13), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 13), 12-6-2007)
Sec. 4-5. - 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 20), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 20), 12-6-2007)
Sec. 4-5. - Required; sales restricted to licensed premises.
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, or to allow brown bagging.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 4), 12-6-2007)
Sec. 4-26. - Fees.
(a) Required.
(1) Each application for a license under this chapter shall be accompanied by a
processing fee in an amount established by the city council to defray
investigative and administrative costs. The processing fee shall be nonrefundable
except as provided in this section.
(2) Any person applying for more than one license shall pay only one processing
fee to defray investigative and administrative expenses, which fee shall be the
largest of the processing fees authorized under this Code. As to any applicant for
a license under this chapter who has in existence at the time of making the new
application an existing license under this chapter, there shall be no investigative
and administrative fee.
(3) Upon issuance of the license, the applicant shall make payment of the
license fee in the amount established by the city council.
(b) Proration. All licenses granted under this chapter shall be for the calendar year, and
the full license fee 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.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
(c) Late fees and interest. 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 per
month on the delinquent balance.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16, art. 4, § 5), 11-21-2006; Ord. No. 07-11-53, §
1(ch. 7, art. 1, § 16, art. 4, § 5), 12-6-2007)
State law reference— Maximum fees for municipal and county licenses, O.C.G.A. § 3-
4-50.
Sec. 4-27. - 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 32 fluid ounces (0.947 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 this section.
(d) No provision of this section shall be construed to prohibit licensees from:
(1) Offering free food or entertainment at any time;
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(2) Including an alcoholic beverage as part of a meal package; or
(3) Selling or delivering 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 the responsibility for the enforcement of this
chapter.
(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 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 9, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
9, § 1), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-6-25.1; limitations with
regard to posting of signs by retail dealer of distilled spirits, O.C.G.A. § 3-4-3.
Secs. 4-28-4-46. - Reserved.
Separate application and license for each location of sale.
Separate applications must be made for each location and separate licenses must be
issued.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 7), 12-6-2007)
Sec. 4-48. - Required.
(a) City form. All persons desiring to sell alcoholic beverages, or allow brown bragging
shall make an application on the form prescribed by the city manager.
(b) Contents. The application shall include, but not be limited to:
(1) The name and address of the applicant;
(2) The proposed business to be carried on;
(3) If a partnership, the names and residence address of the partners;
(4) If a corporation, the names of the officers;
(5) The names and address of the registered agent for service of process;
(6) The name of the manager; and
(7) 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 license is sought.
(c) Financial information. All applicants shall furnish such financial and other
information and records as may be required by the city manager to ensure compliance
with the provisions of this chapter. Failure to furnish the information and records
pursuant to such request shall automatically serve to dismiss the application with
prejudice.
(d) Notary. All applications shall be sworn to by the applicant before a notary public or
other officer empowered by law to administer oaths.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-49. - Affidavit regarding criminal history required.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
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 of, or pleaded guilty or entered a plea
of nolo contendere and has been released from parole or probation to any crime
involving:
(a) Moral turpitude;
(b) Illegal gambling;
(c) Illegal possession or sale of controlled substances;
(d) Illegal possession or sale of alcoholic beverages, including the sale or transfer of
alcoholic beverages to minors in a manner contrary to law;
(e) Keeping a place of prostitution;
(f) Pandering;
(g) Pimping;
(h) Public indecency;
(i) Prostitution;
0) Solicitation of sodomy; or
(k) Any sexually related crime within a period of ten years immediately prior to the filing
of such application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-50. - Withdrawal by applicant; refunds.
(a) Any license application made pursuant to this chapter may be withdrawn by the
applicant at any time.
(b) If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 9), 12-6-2007)
Sec. 4-51. - Notice.
(a) Posting on premises to be licensed.
(1) Required; specifications. The applicant for an original license including a
brown bag license shall, at his or her own expense, post a notice on the
premises to be licensed. The notice shall be posted for at least 15 days prior to
the date of the hearing. The notice shall be on a sign having a surface of not less
than 12 square feet. The notice shall be painted or printed in black letters at least
three inches in height against a white background. The notice shall state:
a. That an application for a license to allow brown bagging or sell
alcoholic beverages on the premises has been filed with the city;
b. The type of license applied for;
c. The time and place of the public hearing to be held on such license
application; and
d. The names in which the license is to be issued.
(2) Placement. The advertisement shall be placed with the base of the sign not
more than three feet from the ground on the most conspicuous part of the
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
premises, facing the most frequently traveled road, street or highway abutting
same, and not more than ten feet there from.
(b) Publication.
(1) Contents. The city treasurer shall prepare and cause to be published a notice
of each pending application, which notice shall include:
a. The date the application will be considered by the city council;
b. The location or street number of the premises where the applicant
proposes to conduct activities permitted by this chapter; and
c. The applicant's name.
(2) Costs. The applicant shall pay the publication costs.
(3) Newspaper of general circulation. The notice shall be published in a
newspaper of general circulation within the city, and shall appear once a week for
two weeks immediately preceding consideration of the application by the city
council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
State law reference— 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.
Sec. 4-52. - Approval by ordinance.
All applications for alcoholic beverage licenses shall be approved via ordinance by the
city council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-53. - Denial.
(a) Notice required. 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.
(b) Reapplication permitted after one year. 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Secs. 4-54-4-72. - Reserved.
Applicants.
(a) No license issued pursuant to this chapter for 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) If the applicant is a partnership or corporation, the provisions of this section shall
apply to all its partners, officers and majority stockholders. Issuance of the license shall
be as follows:
(1) In the case of a corporation the license shall be issued jointly to the corporation and
the majority stockholder, if an individual. If the majority stockholder is not an individual,
the license shall be issued jointly to the corporation and its agent registered under the
provisions of this chapter.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(2) In the case of a partnership, the license will be issued to all the partners owning at
least 20 percent 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 or her designee that such person, partners in
the firm, officers 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:
(1) Moral turpitude;
(2) Illegal gambling;
(3) Illegal possession or sale of controlled substances;
(4) Illegal possession or sale of alcoholic beverages, including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
(5) Keeping a place of prostitution;
(6) Pandering;
(7) Pimping;
(8) Public indecency;
(9) Prostitution;
(10) Solicitation of sodomy; or
(11) Any sexually related crime within a period of ten years immediately prior to
the filing of such application.
(d) No license issued pursuant to this chapter for alcoholic beverages shall be granted
to any person convicted under 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 issued pursuant to this chapter for alcoholic beverages shall be granted
to any person who has had any license issued under the police powers of any
jurisdiction within the state 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 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 applicants shall be of good business reputation.
(i) 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 who would
not otherwise qualify for a license for any reason whatsoever.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Page 13 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
Sec. 4-74. - Effect of prior criminal history; exceptions.
(a) 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 alcoholic beverage license.
(b) For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall
be ignored as to any offense for which a defendant who was allowed to avail
themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. 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 sentenced as a first offender.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-75. - City manager permitted discretion concerning qualifications.
(a) The city manager, in his or her discretion, may consider any extenuating
circumstances which may reflect favorably or unfavorably on:
(1) The applicant;
(2) The application; or
(3) The proposed location of the business.
(b) If, in the city manager's judgment, circumstances are such that granting of the
license would not be in the general public's best interest, such circumstances may be
grounds for denying the application.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Secs. 4-76-4-95. - Reserved.
FOOTNOTE(S):
(18) State Law reference— Local discretion and due process as to grant or suspension
of permits, O.C.G.A. § 3-3-2. Back
Sec. 4-96. - Registered agent required.
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 or she may prescribe.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-97. - Notice of change in management required.
If the manager of the licensed premises changes, the licensee must furnish the city
treasurer's office with the name and address of the new manager and other information
as may be required by the city council within ten days of such change.
Page 14 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 8), 12-6-2007)
Sec. 4-98. - Display of license at place of business required.
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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 15), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 15), 12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-3-3.
Sec. 4-99. - Limited circumstances where transfer of license permitted.
(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, or allow for brown bagging, for a period of 45 days from the
date of death or until the expiration of the license or until approval of a new licensee,
whichever shall first occur; provided that no sale 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 an application for authorization with the city
manager.
(c) If a license is surrendered or a licensee severs his or her association with a licensed
establishment, the establishment may continue to sell alcoholic beverages, or allow
brown bagging, for a period of 45 days from the date of surrender, or from the date
determined by the city manager to be the date of severance; provided no such sale, or
brown bagging 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 or
allow brown bagging 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 partners 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 or her 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 the revocation of the license being used and a
fine on the new ownership and the old ownership as provided in this chapter.
(g) No license will be issued to the old or the new owner in the county for one year from
the date of the violation of this section.
(h) 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
Page 15 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
location. Each applicant for a transfer of location shall pay a transfer fee as set forth
from time to time by city council resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 14), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 14), 12-6-2007)
Sec. 4-100. - Audits.
(a) If the city manager deems it necessary to conduct an audit of the records and books
of the licensee, he or she shall notify the licensee of the date, time and place of the
audit. The city manager may designate the city's 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 issued under this chapter.
(b) All establishments possessing a retail consumption, retail package, and/or
wholesale license 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 1099s.
(c) The city manager can waive all or some of the requirements of subsection (b) of this
section if the city manager finds that no such records exist and it is not financially
practically -based on the net income of the licensed establishment to require them to
keep such records.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1,§ 22 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 22 ), 12-6-2007)
Sec. 4-101. - Expiration; renewal.
(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 with the
city manager on the form provided for a new or renewal license for the ensuing year.
(b) The applicant for renewal shall be required to comply with all rules and regulations
for the granting of licenses each year, including the submittal of the required data in
order to meet criminal investigative compliance each renewal year.
(c) Alcoholic beverage license renewal applications and payments are due on or before
November 15 of each year. Renewal applications and payments received between
November 16 and December 15 are subject to a ten percent late fee and a one percent
per month simple interest charge on the delinquent balance.
(d) Businesses failing to renew their alcoholic beverage licenses prior to December 15
must reapply for an alcoholic beverage license in which the application will be treated as
if no previous license had been held, including the need to review the investigative,
zoning, and distance requirements.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 16), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 16), 12-6-2007)
Sec. 4-102. - Automatic forfeiture of license 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
Page 16 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
products authorized shall, after the three-month period, automatically forfeit the license
without the necessity of any further action.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 17), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 17), 12-6-2007)
Secs. 4-103-4-121. - Reserved.
Sec. 4-122. - Due cause required.
(a) Definitions. The term "due cause," for the purpose of suspension or revocation of a
license, means:
(1) The violation of any laws or ordinances regulating the business;
(2) The violation of any state or federal law;
(3) Any reason which would authorize the city to refuse the issuance of a
license; or
(4) Any violation of this chapter.
(b) Notice and hearing. No alcoholic beverage license having been issued shall be
suspended or revoked except for due cause, 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 charges upon which the hearing shall be held.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-123. - Imposed upon the following circumstances.
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:
(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 Police Chief, upon
receiving notice of the state revocation, shall take the necessary steps to see that signs
are removed and that all alcoholic beverage sales and/or brown bagging cease.
(c) Any licensed establishment that is found to be in violation of the provisions of this
chapter 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 12 -month period.
(e) The license shall be revoked of a licensee of any premises where alcoholic
beverages have been sold or distributed, or which has allowed brown bagging 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.
(g) An act or omission of a licensee, owner of more than 20 percent 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 the suspension or revocation of its
license in accordance with the provisions of this chapter, regardless of whether any
Page 17 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
criminal prosecution or conviction ensues; provided, however, in the case of an
employee, it shall be established that the acts of the employee:
(1) Were known to or under reasonable circumstances should have been known
to the licensee;
(2) Were condoned by the licensee; or
(3) 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 the issuance of the license was
conditioned, or whenever the licensee has defaulted in any obligation of any kind
whatsoever, lawfully owing to the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Sec. 4-124. - Crimes resulting in immediate revocation.
An alcoholic beverage license shall be immediately revoked and canceled should any
applicant, partner, or officer used in the sale, dispensing, or brown bagging of any
alcoholic beverage, after a license has been granted, be convicted or plead guilty or
nolo contendere to a crime involving:
(a) Moral turpitude;
(b) Illegal gambling;
(c) Illegal possession or sale of controlled substances;
(d) Illegal possession or sale of alcoholic beverages (including the sale or transfer of
alcoholic beverages and the sale or transfer of alcoholic beverages to minors in a
manner contrary to law);
(e) Keeping a place of prostitution;
(f) Pandering;
(g) Pimping;
(h) Public indecency;
(i) Prostitution;
0) Solicitation of sodomy; or
(k) Any sexual related crime.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 10), 12-6-2007)
Sec. 4-125. - Mandatory suspension periods.
Whenever this chapter permits suspension of any license, but does not mandate the
period of suspension, the following guidelines shall apply:
(a) First suspension in a 12 -month period shall not exceed 30 days.
(b) Second suspension in a 12 -month period shall not exceed 60 days.
(c) Third suspension in a 12 -month period shall cause a revocation of the license and
result in the inability of the licensee to obtain a license from the city for a term of three
years from the date of revocation.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 18), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 18), 12-6-2007)
Secs. 4-126-4-144. - Reserved.
Sec. 4-145. - License review board.
Page 18 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(a) Established. There is hereby established a License Review Board (board)
consisting of the currently seated mayor and six councilmembers.
(b) Duties. 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 the issuance or renewal of employee pouring
permits.
(3) To hear any matter involving the 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 city council.
(c) Authority. The board shall have the authority to hear or determine any matter set
forth in this chapter unless specifically prohibited therefrom.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-146. - Hearing; grounds; notice.
(a) Grounds. Applicants shall be given a hearing on the following grounds:
(1) The application for a license or renewal of a license has been denied;
(2) The license have been suspended or revoked; and
(3) The licensee is charged with selling alcoholic beverages to a minor or to an
intoxicated person or for allowing brown bagging without a license.
(b) Notice. The licensees mentioned in subsection (a) of this section 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. Ten
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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Sec. 4-147. - Decisions of board; appeal to city council.
(a) The decision of the board shall be in writing and shall be final unless appealed by
the applicant or licensee to the council within ten days of the date of the board's written
decision. The appeal shall be in writing and filed with the city clerk.
(b) The board shall meet at such times as necessary as determined by the board and
shall render decisions within a reasonable time. Four 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 30 days from the time a matter
is filed for hearing or appealed to the board.
(c) The mayor shall serve as chair and minutes and records of all proceedings shall be
recorded by the city clerk and kept and maintained in the city clerk's office.
(d) The council shall conduct a de novo hearing at a regularly scheduled meeting within
30 days of the filing of the appeal to hear evidence and, at the conclusion of such
hearing shall 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.
Page 19 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
The decision of the council shall be rendered not later than its next regularly scheduled
meeting.
(e) The decision of the council as rendered on an appeal under this article shall be final
unless the licensee applies to the Superior Court of Fulton County by filing a petition for
a writ of certiorari within 30 days of the decision rendered by the council.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 19), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 1, § 19), 12-6-2007)
Secs. 4-148-4-166. - Reserved.
Sec. 4-167. - Temporary licenses.
(a) Authority. 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) Not to exceed 60 days; requirements. Temporary licenses may be issued for such
period as may be determined by the city manager, not to exceed 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 of the
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 this section authorizing such license
in the city.
(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 fee 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) Fee. The fee for issuance of a temporary license under this section shall be as
established from time to time by the city council.
(d) No bearing on decision for permanent license. The grant or denial of a temporary
license under the provisions of this section shall not affect or have any bearing upon the
grant or denial of a permanent license.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
1, § 6), 12-6-2007)
Sec. 4-168. - Temporary special event license (pouring permit).
(a) Not to exceed ten days; application; fee; requirements. A temporary pouring permit
may be issued to any person for a period not to exceed ten days in any one year for an
approved special event. The person must make an application and pay the fee that may
be required from time to time by city council ordinance 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) Not to be issued for brown bagging. Brown bagging is not allowed at any special
event as defined in this ordinance.
(c) Criteria for issuance. The special event must meet the following criteria prior to the
issuance of a license to sell alcoholic beverages:
Page 20 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(1) The event must have been permitted as an approved special event through
the city's community development department prior to the issuance of a
temporary pouring permit.
(2) The special event must be associated with and benefit the cause of a
charitable or civic organization.
(3) The special event must receive approval from the city police department on
crowd control and security measures.
(4) The special event must receive approval from the city department of
transportation, traffic operations section, on traffic control measures.
(5) The location at which the special event is to take place must be properly
zoned and approved by the city planning and community development
departments.
(6) The premises at which the special event is to take place must be approved
by the city manager.
(c) Employee or volunteer excepted. 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) Police Chief's authority to revoke. The Police Chief or his or her 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) Indemnification required. 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 6), 12-6-2007)
Secs. 4-169-4-177. - Reserved.
Sec. 4-188. - Permitted where 50 percent of floor space and storage area devoted to
retail grocery.
No beer or malt beverage or wine shall be sold at retail except in establishments
maintaining 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 1), 12-6-2007)
Sec. 4-189. - Hours and days of operation.
(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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 2), 12-6-2007)
Page 21 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Sec. 4-190. - Use of tags or labels required.
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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 3), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-191. - Single cans/bottles or other containers permitted for sale.
Single cans or bottles or other containers of alcoholic beverages may be sold at retail.
(Ord. No. 06-11-13, § 1(ch. 7, art. 4, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
4, § 4), 12-6-2007)
Secs. 4-192-4-210. - Reserved.
Sec. 4-211. - Distance requirement for retail package establishments.
No retail package liquor licensed place of business shall be licensed to operate within
500 yards of any other business licensed to sell package liquor at retail, as measured
by the most direct route of travel on the ground.
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Sec. 4-212. - Hotels excepted.
The distance provision of section 4-211 shall not apply to any hotel licensed under this
chapter.
(Ord. No. 06-11-13, § 1(ch. 7, art. 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 5),
12-6-2007)
State law reference— Similar provision, O.C.G.A. § 3-4-49.
Secs. 4-213-4-221. - Reserved.
Sec. 4-232. - Permitted where eating establishment has full-service kitchen or publicly -
owned golf course.
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold, except:
(1) In eating establishments having a full-service kitchen.
a. Definitions. The term "full-service kitchen" means a kitchen prepared to serve
food every hour it is open, consisting of:
1. A three -compartment sink;
2. A stove or grill permanently installed; and
3. A refrigerator, all of which must be approved by the health and fire
departments.
b. Location. The eating establishments referred to in this section 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.
(2) At a publicly -owned golf course.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 1), 12-6-2007)
Sec. 4-233. - Hours and days of operation.
Page 22 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
The sale of malt beverages or wine by the drink for consumption on premises and/or the
allowance of brown bagging of wine shall be permitted only during the following hours
and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least 50 percent
of its total annual gross sales from the sale of prepared food or meals.
(c) All licensed premises shall close their premises to the public and clear the premises
of patrons within 30 minutes after the time set in this section for discontinuance of the
sale of alcoholic beverages on the premises.
(d) The licensed business shall open its business each day it is open by not later than
5:00 p.m.
(e) The sale of beer or malt beverages or wine shall not be permitted within 250 feet of
any polling place on primary or election days.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
State law reference— Sale of alcoholic beverages on Sunday, O.C.G.A. § 3-3-7; sale
of alcoholic beverages on Sundays and election days, O.C.G.A. § 3-3-20.
Sec. 4-234. - Sale of food, fully -equipped kitchen, and premises maintenance required;
exception.
(a) In addition to other requirements under this article, a licensed premise for the sale
of beer or malt beverages or wine by the drink shall comply with the following:
(1) The licensed business shall offer to its patrons prepared food and meals
during all hours it is open.
(2) The licensed business shall have a fully -equipped kitchen, including cooking
range, oven, refrigeration, food preparation area, sink and other items necessary
for the preparation of food and meals to be served on the premises.
(3) Comply with all the requirements of this chapter relating to the manner by
which premises shall be maintained.
(b) This section shall not apply to private clubs or establishments that solely allowing
brown bagging.
(Ord. No. 06-11-13, § 1(ch. 7, art. 3, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
3, § 3), 12-6-2007)
Secs. 4-235-4-253. - Reserved.
Sec. 4-254. - Condition of premises to comply with city, county and state regulations;
inspections.
(a) The licensed premises shall be kept clean and shall be in full compliance with all
city regulations governing the conditions of the 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 his or her designee.
(c) City fire personnel shall regularly inspect the premises to see that they are in
compliance with all city, Fulton County and state fire regulations and report any violation
to the city manager or his or her designee.
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(d) The city community development department shall regularly inspect the licensed
premises to determine if the premises are in compliance with all technical codes of the
city and Fulton County and report any violation to the city manager or his or her
designee.
(e) City police personnel shall periodically inspect the premises to determine if the
licensed premises are in compliance with all provisions of this article and report any
violation to the city manager or his or her designee.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 3), 12-6-2007)
Sec. 4-255. - Hours of operation.
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 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 p.m. until 2:00 a.m. of the following day; provided, however, any
licensed establishment which serves alcohol on Sunday shall derive at least 50 percent
of its total annual gross sales from the sale of prepared food or meals.
(c) All licensed premises shall close their premises to the public and clear the premises
of patrons within 30 minutes after the time set in this section for discontinuance of the
sale of alcoholic beverages on the premises.
(d) In addition to other requirements under this article, a licensed premises 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 p.m.
(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 the requirements of section 4-254, relating to the manner by
which the premises shall be maintained.
(e) This section shall not apply to private clubs.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 5), 12-6-2007)
Sec. 4-256. - 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 those 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 the 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
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
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 person except a licensee, his or her manager, or agent in charge of the licensed
premises, to carry into or have in his or her possession on any licensed premises, any
alcoholic beverages in the original package the seal of which has been broken or the
original package opened; provided that this section shall not apply to private clubs or
brown bagging.
(f) Employee pouring permits. No person may be employed by an establishment
holding a license hereunder until a letter of compliance has been issued by the police
department indicating the person has not violated any law defined by this article and is
eligible for such employment.
(1) The term "employee" includes:
a. Performers;
b. Entertainers;
c. Bartenders;
d. Barmaids;
e. Bouncers;
f. Musicians engaged in temporary work;
g. Regular employees.
(2) All persons subject to the provisions of this section shall, within five days
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, or which
allows brown bagging, submit an application to the city for an alcoholic beverage
pouring permit.
(3) The police department shall have a complete and exhaustive search made
relative to any police record of the applicant. In the event there is a violation of
laws, the police department shall advise the applicant that the person is not
eligible for employment.
(4) 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.
(5) Any letter of eligibility for employment issued hereunder shall expire 12
months from the date of issue. The mayor and city council may prescribe
reasonable fees for certifying the eligibility of employment.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
2, § 6), 12-6-2007)
State law reference— Advertisement of prices, O.C.G.A. § 3-4-26.
Sec. 4-257. - Conflicts with wholesaler or manufacturer prohibited.
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.
Page 25 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 12), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 2, § 12), 12-6-2007)
Secs. 4-258-4-276. - Reserved.
Sec. 4-277. - General provisions.
(a) The holder of a wine -only package store license shall be eligible for an ancillary
wine tasting license to provide samples of wine offered for sale to customers under the
conditions set forth in this chapter.
(b) Wine sampling shall be on limited occasions when a customer requests a sample of
a wine offered for sale within the premises or in conjunction with wine education classes
and sampling designed to promote wine appreciation and education.
(c) Wine tasting for customers shall only be conducted at a wine counter area
constituting no more than ten percent of the entire floor area of the premises.
(d) Wine sampling and tasting is only permitted within the enclosed portion of the
premises.
(e) No open containers of wine shall be removed from the licensed premises.
(f) Wine sampling for customers shall be limited to no more than one time per week for
a period not to exceed a consecutive two-hour period in any one day.
(g) Samples shall not exceed two ounces and no customer shall consume more than
eight ounces in any two-hour period.
(h) Wine bottles shall be opened only by the licensee or an employee and samples
shall only be poured by the licensee or an employee.
(i) Holders of an ancillary wine tasting permit shall not charge for samples or tasting but
may accept donations for a charitable organization of their choice.
(j) There will be an annual fee to obtain an ancillary wine tasting permit as set forth
from time to time by the city council, and a copy of the fee schedule shall be maintained
in the city clerk's office.
(Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 35), 12-6-2007)
Secs. 4-278-4-296. - Reserved.
Sec. 4-297. - General provisions.
(a) Authorization of license holder. A brewpub license authorizes the holder of such
license to manufacture on the licensed premises not more than 1,500 barrels of beer in
a calendar year solely for retail sale on the premises and solely in draft form.
(b) License required. No person shall be issued a brewpub license without first
obtaining a retail consumption license.
(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed
under this article to any wholesaler is prohibited.
(d) Administration.
(1) The city treasurer, or his or her designee, is authorized to establish
procedures for administering all provisions of this article to include, but not limited
to:
a. Reporting forms and requirements; or
b. 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 20th day of each month, on such forms as the revenue
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
division may prescribe, setting forth all malt beverages produced during such preceding
calendar month, to include the 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 city council
resolution.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-298-4-316. - Reserved.
Sec. 4-317. - Requirements for sale of alcoholic beverages.
Private clubs may sell and dispense alcoholic beverages upon:
(a) Compliance with all applicable city ordinances and regulations governing the sale of
such beverages; and
(b) Payment of such license fees and taxes as may be required by the existing
ordinances, rules and regulations of the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 2), 12-6-2007)
Sec. 4-318. - Tax exempt organizations not required to operate food establishment.
Veterans' organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue
Code or the state income tax law shall not be required to operate a food establishment
serving prepared food. However, any such organization selling or dispensing alcoholic
beverages, or allowing brown bagging, shall be subject to all ordinance regulations
dealing with general licensing and consumption on the premises establishments.
(Ord. No. 06-11-13, § 1(ch. 7, art. 7, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
7, § 3), 12-6-2007)
Sec. 4-319. - Hours and days of operation.
(a) No alcoholic beverages shall be sold for consumption on the premises except
between the hours of 9:00 a.m. and 4:00 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 or wine for consumption on the premises is permitted on Sundays
from 12:30 p.m. until 12:00 midnight in:
(1) Any licensed establishment which derives at least 50 percent 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; and
(2) Any licensed establishment which derives at least 50 percent 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.
Page 27 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Secs. 4-320-4-338. - Reserved.
FOOTNOTE(S):
(20) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et
seq.; local licensing and regulation of private clubs, O.C.G.A. § 3-7-40 et seq.; local
excise taxation regarding private clubs, O.C.G.A. § 3-7-60. Back
Sec. 4-339. - General provisions.
(a) Definitions. The term "in -room service" means:
(1) The provision of a cabinet or other facility located in a hotel -motel guestroom
which contains beer and wine only;
(2) Which is provided upon the guest's written request and which is accessible
by lock and key only to the guest; and
(3) For which the sale of the beer and 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) Compliance. 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) License required; fee. 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 from time to
time by city council resolution shall be imposed to provide only beer and wine by "in -
room service."
(d) Limited by restrictions. The sale of beer and wine by in -room service shall be
subject to all the restrictions and limitations relative to the retail sale of any alcoholic
beverages, except as provided otherwise in this article.
(e) Sale of keys. Keys for in -room service shall only be sold to guests between the
hours of 7:00 a.m. and 12:00 midnight Monday through Saturday and between the
hours of 12:30 p.m. and 12:00 midnight on Sunday.
(Ord. No. 06-11-13, § 1(ch. 7, art. 8, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
8, § 1), 12-6-2007)
Secs. 4-340-4-358. - Reserved.
Sec. 4-359. - General provisions.
(a) License required, fee. 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 fee as
set forth by city council resolution.
(b) Conflicts prohibited. 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) Restricted sales. 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;
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
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) Delivery by duly licensed wholesaler required. No alcoholic beverage shall be
delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The
name of the wholesale distributor shall be clearly marked on the delivery vehicle.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 1), 12-6-2007)
Sec. 4-360. - Hours and days of operation.
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 by Wholesalers.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 2), 12-6-2007)
Sec. 4-361. - Audits.
If the city manager deems it necessary to conduct an audit of the licensee's records and
books, he or she shall notify the licensee of the date, time and place of the audit.
(Ord. No. 06-11-13, § 1(ch. 7, art. 6, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art.
6, § 3), 12-6-2007)
Secs. 4-362-4-397. - Reserved.
Sec. 4-417. - Levied; late payment penalty.
There is hereby levied an excise tax on all beer and malt beverages produced by a
brewpub at the rate set forth by city council resolution. Such tax shall be paid to the
revenue division no later than the 20th day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(Ord. No. 06-11-13, § 1(ch. 7, art. 11, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 11, § 1), 12-6-2007)
Secs. 4-418-4-436. - Reserved.
Sec. 4-437. - Levied; rate and manner of collection.
(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 city council resolution.
(c) The excise tax 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.
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, 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. 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. Failure to file such a statement, or to
Page 29 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 1), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 1), 12-6-2007)
Secs. 4-438-4-456. - Reserved.
Sec. 4-457. - Levied; method of collection; payment.
(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 city council resolution.
(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. 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, 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. 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. 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 2), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 2), 12-6-2007)
Secs. 4-458-4-476. - Reserved.
Sec. 4-477. - Levied; method of collection; personal liability for nonpayment.
(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 city
council resolution.
(b) Every licensee for the sale of distilled spirits by the drink operating a place of
business in the city 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 the 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 the licensee of alcoholic beverages containing
distilled spirits by the drink, shall be liable for and pay the tax himself or herself.
(d) Due dates, returns and collection fees.
(1) All taxes collected by any licensee by this section shall be due and payable
to the city treasurer monthly on or before the 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 in such
form as the city may prescribe or authorize and signed by the licensee liable for
the payment of tax hereunder.
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STATE OF GEORGIA
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ORDINANCE NO. 11-08-108
(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 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 city treasurer.
(5) Licensees collecting the tax shall be allowed three percent of the first
$3,000.00 of tax due and one-half percent of the amount in excess of $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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 3), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 3), 12-6-2007)
Secs. 4-478-4-496. - Reserved.
Sec. 4-497. - Deficiency determinations; penalty.
(a) If the city is not satisfied with the return of the tax or the amount of the tax required
to be paid to the city 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
per month, or fraction thereof, from the 15th day of the month after the close of the
period for wholesale tax due, or from the 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 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 article, a penalty of 25 percent 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 or her address as it appears in the city records. 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 article, or failure to make a return,
every notice of deficiency determination shall be mailed within three years after the 20th
of the calendar month following the monthly period for which the amount is proposed to
be determined, or within three years after the return is filed, whichever period should
last expire.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 4), 12-6-2007)
Sec. 4-498. - Determination of tax if no return filed; penalty.
(a) If any licensee fails to make a return, the city 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
Page 31 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
sales in the city which are subject to the tax. The estimate shall be made for the period
in respect to which the licensee failed to make the return and shall be based upon any
information which is or may come into the city's possession. Upon the basis of this
estimate, the city shall compute and determine the amount required to be paid the city.
One or more determinations may be made for each period.
(b) If the failure of any person to file a return is due to fraud or intent to evade this
article, a penalty of 25 percent of the amount required to be paid by the party shall be
added thereto in addition to any other penalties which are imposed under this chapter.
(c) The city shall promptly give to the party written notice of the deficiency.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 5), 12-6-2007)
Sec. 4-499. - Interest and penalty for failure to pay tax.
(a) Any party who fails to pay the tax herein imposed by the city, or fails to pay any
amount of such tax required to be paid by the party shall, in addition to the tax, pay
interest on the outstanding tax obligation at the rate of one percent per month, or
fraction thereof, from the date the tax payment was last due until payment is made.
(b) Any party who fails to pay the tax herein imposed by the city, or fails to file any
required tax return to the city, within the time required, shall pay a penalty of 15 percent
of the tax, or amount of the tax and interest, due the city.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 6), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 6), 12-6-2007)
Sec. 4-500. - Failure to pay grounds for suspension or revocation.
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. 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 or her 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 10, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7,
art. 10, § 7), 12-6-2007)
Secs. 4-501-4-519. - Reserved.
ARTICLE VIII. - REGULATIONS
Sec. 4-520. - Sales on election days, Sundays and holidays governed by state law.
Sec. 4-521. - Distance requirements.
Sec. 4-522. - Sales to minors or physically or mentally incapacitated persons prohibited.
Sec. 4-523. - Minors prohibited on licensed premises unless accompanied by parent guardian or
custodian: exceptions.
Sec. 4-524. - Minors prohibited from selling or handling alcoholic beverages in workplace.
Sec. 4-525. - Unlawful for minor to misrepresent age for purpose of acquiring alcoholic beverage.
Sec. 4-526. - Advertising: location requirements signs.
Page 32 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
Sec. 4-527. - Retailer to purchase from licensed wholesaler only.
Sec. 4-528. - Retail consumption dealers to store inventory only on premises
Sec. 4-529. - Adding to contents of alcoholic beverage prohibited
Sec. 4-530. - Poured alcohol to be transported by employees only.
Sec. 4-531. - Licensees to maintain a copy of this chapter on premises: employees to be familiar with
terms: licensee responsible for violations.
Sec. 4-532. - Unlawful to employ minor as entertainer or to dispense serve sell or take orders for
alcoholic beverages: exceptions.
Sec. 4-533. - Failure to require and properly check identification.
Sec. 4-534. - Sales to underage persons prohibited.
Sec. 4-535. - Unlawful for minor to purchase or possess alcoholic beverages
Sec. 4-536. - Regulations concerning managers and employees: pouring permits.
Sec. 4-537. - Open area and patio sales regulations.
Sec. 4-538. - Consumption outside premises prohibited.
Sec 4-539 - Complete and detailed specifications of premises and surrounding area required to
accompany application for alcoholic beverage license
Sec. 4-540. - Solicitation prohibited.
Sec. 4-541. - Authority of Chief of Police to inspect licensed establishments.
Sec. 4-542. - Authority of Chief of Police to close establishment in emergency situations.
Sec. 4-543. - Unlawful to bring alcoholic beverage (brown bagging) onto any establishment.
Sec. 4-544. - Types of entertainment, attire and conduct prohibited.
Sec. 4-545. - Alcohol awareness training.
Sec. 4-520.- Sales on election days, Sundays and holidays governed by state law.
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 3-3-7.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 4), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 4),
12-6-2007)
Sec. 4-521.- Distance requirements.
(a) Distilled spirits. No person may allow brown bagging or sell or offer to sell any distilled
spirits in or within 100 yards of a church building or within 200 yards of any school building,
educational building, school grounds, or college campus.
(b) Malt beverage or wine. No person may allow brown bagging or sell or offer to sell any wine
or malt beverage within 100 yards of any school building, school grounds, or college campus.
(c) Most direct route used. For purposes of this section, the 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
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.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
(d) Preexisting establishments. No location which is licensed to sell alcoholic beverages on
the effective date of the ordinance from which this section is derived shall be denied continued
operation under an existing license, nor shall any new owner of the location be denied a new
license based upon the measurements set forth in subsections (a) and (b) of this section.
(e) New church or schools. 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 5), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, § 5),
12-6-2007)
State law reference— Sales of alcoholic beverages near churches, schools or college campus, O.C.G.A. § 3-
3-21.
Sec. 4-522.- Sales to minors or physically or mentally incapacitated persons prohibited.
No licensee shall allow brown bagging or sell or permit to be sold alcoholic beverages to a
minor, as defined in O.C.G.A. § 3-3-23, which reads as follows:
(1) Except as otherwise authorized by law:
a. No person knowingly, by himself or herself or through another, shall sell, cause
to be furnished, or permit any person in his or her employ to sell or furnish any
alcoholic beverage to any person under 21 years of age.
b. No person under 21 years of age shall purchase or knowingly possess any
alcoholic beverage.
C. No person under 21 years of age shall misrepresent his or her age in any
manner whatsoever for the purpose of obtaining illegally any alcoholic beverage.
d. 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 21 years of age.
(2) The prohibitions contained in subsections (1) a, b, and d of this section shall not apply
to the sale, purchase, or possession of alcoholic beverages for consumption:
a. For medical purposes pursuant to a prescription of a physician duly authorized
to practice medicine in the state.
b. At a religious ceremony.
C. In the home with parental consent.
(3) The prohibition contained in subsection (1)a 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
21 years of age or older.
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
a. For purposes of this subsection, the term "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. § 40-5-100,
requiring the Police Department to issue identification cards to handicapped persons
who do not have a motor vehicle driver's license.
b. The "proper identification" does not include a birth certificate.
(4) No licensee shall allow or require a person in his or her employment under 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.
(5) Testimony by any person under 21 years of age, when given in an administrative or
judicial proceeding against another person for violation of any provision of this section,
shall not be used in any administrative or judicial proceeding brought against such
testifying person under 21 years of age.
(6) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. §
15-11-1 et seq. (pertaining to juvenile proceedings); or to any person who is physically or
mentally incapacitated due to the consumption of alcoholic beverage. Nor shall any
licensee violate O.C.G.A. § 3-3-22, 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 7), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 7),
12-6-2007)
Sec. 4-523.- Minors prohibited on licensed premises unless accompanied by parent, guardian
or custodian; exceptions.
(a) 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.
(b) Such minors shall be permitted in eating establishments or private clubs without being
accompanied by a parent, legal guardian, or custodian.
(c) This section shall not apply to minors who are employees under the terms of this article.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 8), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 8),
12-6-2007)
Sec. 4-524.- Minors prohibited from selling or handling alcoholic beverages in workplace.
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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 9), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, § 9),
Page 35 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
12-6-2007)
Sec. 4-525.- Unlawful for minor to misrepresent age for purpose of acquiring alcoholic
beverage.
It shall be unlawful for any minor to falsely misrepresent his or her age in any manner
whatsoever where said minor's purpose is to acquire and possess alcoholic beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 2, § 10), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 2, §
10), 12-6-2007)
Sec. 4-526.- 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:
(1) On the exterior of any retail package outlet;
(2) On the premises of the consumption dealer; or
(3) 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 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 21 ), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
21 ), 12-6-2007)
Sec. 4-527.- Retailer to purchase from licensed wholesaler only.
(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 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 or her designee may request, from time to time, information
concerning purchases and sales of alcoholic beverages from retailers and wholesalers.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 23), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
Page 36 of 45
STATE OF GEORGIA
COUNTY OF FULTON
23 ), 12-6-2007)
ORDINANCE NO. 11-08-108
Sec. 4-528.- Retail consumption dealers to store inventory only on premises.
No retail consumption dealer licensed under this chapter shall keep any beer, malt beverage,
wine or other alcoholic beverage at any place except the licensed place of the 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 24), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
24 ), 12-6-2007)
Sec. 4-529.- Adding to contents of alcoholic beverage 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 25), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
25 ), 12-6-2007)
Sec. 4-530.- Poured alcohol to be transported by employees only.
Poured alcoholic beverages will be transported from the point of dispensing to the customer by
permitted employees only.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 26), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
26 ), 12-6-2007)
Sec. 4-531.- Licensees to maintain a copy of this chapter on premises; 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 27), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
27 ), 12-6-2007)
Sec. 4-532.- Unlawful to employ minor as entertainer or to dispense, serve, sell or take orders
for alcoholic beverages; exceptions.
(a) No person shall allow or require a person in his or her employment under 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 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 18 years of age to work as an entertainer in any
establishment licensed under this chapter without written consent from parents or guardian.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 28), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
28), 12-6-2007)
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
Sec. 4-533.- 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 or her possession any alcoholic beverages
while in a licensed establishment. In this section, the term "identification" means 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:
(1) A passport;
(2) A military ID card;
(3) A driver's license; or
(4) State department of public safety ID card.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 29), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
29), 12-6-2007)
Sec. 4-534.- 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:
(1) 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 21 years. Allow brown bagging by any
person under the age of 21.
(2) The prohibition in subsection (1) 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 21 years of age or older.
a. For the purposes of this subsection, the term "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.
b. The term "proper identification" does not include a birth certificate.
(3) Sell or offer to sell or allow brown bagging 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 or her employees.
(4) 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.
(5) 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
Page 38 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
commercial recreational 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 chapter.
(6) The penalty for violation of this section by an individual shall be as follows:
a. For the first offense, a minimum fine of $250.00.
b. For the second offense and subsequent violations within one year, a minimum
fine of $500.00.
(7) Any licensed establishment where three or more violations of this section, or
O.C.G.A. § 3-3-23, have occurred within any 36 -month period shall be punished as follows:
a. For the third offense within any 36 -month period, suspension of the license for a
period not to exceed 90 days.
b. For the fourth and any subsequent violation within any 36 -month period,
suspension of the license for a period not to exceed one year. As to the penalties in
this subsection, 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 if a majority of the
owners, partners or shareholders are the same.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 30), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
30), 12-6-2007)
State laver reference— Furnishing to, purchase of, or possession by persons under 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 21 years of age in the course of employment; seller's
duty to request proper identification, O.C.G.A. § 3-3-23.
Sec. 4-535.- Unlawful for minor to purchase or possess alcoholic beverages.
(a) No person under 21 years of age shall purchase or possess any alcoholic beverage.
(b) No person under 21 years of age shall attempt to purchase any alcoholic beverage or
misrepresent his or her age in any manner whatever for the purpose of obtaining alcoholic
beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 31), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
31), 12-6-2007)
Sec. 4-536.- Regulations concerning managers and employees; pouring permits.
The following regulations shall apply to all establishments holding a license for consumption of
alcoholic beverages on the premises:
(1) 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 cleared by the Chief of Police or his or her
designee, indicating that the person is eligible for such employment.
Page 39 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
(2) This section shall not be construed to include volunteer groups with nonprofit tax
exempt status from the Internal Revenue Service whose volunteer efforts financially benefit
a nonprofit organization with no direct financial benefit, either by wages, tips or donations,
to the individual volunteer. No volunteer under the age of 18 years shall be allowed to
dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed
establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall
also be excluded from this section.
(3) No pouring permit shall be issued until such time as a signed application has been
filed with the city manager or his or her 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 not be limited to, name, date of
birth, and social security number. These applications and the resulting criminal
investigative report shall be regarded as confidential and shall not be produced for public
inspection without a court order.
(4) The Chief of Police or his or her designee shall have a complete and exhaustive
search made relative to any police record of the applicant. If there is no record of a
violation of this chapter, the Chief of Police or his or her designee shall approve the
issuance of a permit to the person, stating that the person is eligible for employment. If it is
found that the person is not eligible for employment, The Chief of Police or his or her
designee shall notify the person, in writing, that they are not eligible for employment, the
cause of such denial and their right to appeal.
(5) Crimes preventing the possession of a pouring permit.
a. No person shall be granted a pouring permit who has, within five years of the
date of applying for a pouring permit, been convicted or pled guilty or entered a plea
of nolo contendere to any crime involving:
Moral turpitude;
2. Illegal gambling;
3. Illegal possession or sale of controlled substances;
4. Illegal sale or possession of alcoholic beverages (including the sale or
transfer of alcoholic beverages to minors in a manner contrary to law;
5. Keeping a place of prostitution;
6. Solicitation of sodomy; or
7. Any sexual related crime.
Or, at the time of applying for a pouring permit, is then on parole or probation for
any of the criminal offenses identified in [subsection] (5)a.(1.-7.) above.
b. Reserved.
C. 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
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
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 himself or herself of the state
first offender provisions, O.C.G.A. § 48-8-98 et seq. 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.
(6) An alcoholic beverage pouring permit shall be issued for a period of one calendar
year from the date of the original application. As noted in subsection (11) of this section,
the alcoholic beverage 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 4-545, as a condition to the privilege of continuing to maintain a valid
alcohol pouring permit.
(7) No person shall be issued a permit if it is determined that the person falsified,
concealed or covered up any material fact by any device, trick or scheme while making
application to the city for an 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 30 calendar days must elapse from the date of notification per certified
mailing before a new application and fee may be resubmitted.
(8) All permits issued through administrative error can be terminated and seized by the
Chief of Police or his or her designee or the city manager or his or her designee.
(9) A replacement permit will be issued within 30 days of the original date, upon paying
one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days
of original application date, a new application and fee must be submitted.
(10) All permits issued under this chapter remain city property and shall be produced for
inspection upon demand of any city police officer, his or her designee or code enforcement
officer.
(11) 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 his or her possession a current
valid city pouring permit. For new employees, an application for a permit must be made
within five calendar days of date of initial employment. Licensees are required by this
chapter to inspect and verify that each employee has in his or her possession a valid city
alcoholic beverage pouring permit.
(12) It shall be the duty of all persons holding any license to sell alcoholic beverages to file
with the city 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.
(13) The licensee is required to maintain the exterior of the licensed premises, parking lot
Page 41 of 45
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-08-108
and all parts of premises abutting public rights-of-way during all hours the business is open
and to do an inspection of the premises within three hours after closing. The term
"maintain" means keeping the defined areas free of bottles, cans, cups, trash and other
litter.
(14) Any person convicted of any violation of this section shall receive a fine in an amount
not to exceed state law.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 32), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
32), 12-6-2007; Ord. No. 10-01-59, § 1, 3-8-2010)
Sec. 4-537.- Open area and patio sales regulations.
(a) Alcoholic beverage sales and/or brown bagging 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 community development department.
Interior type patio/open sales areas must meet the requirements of the city's development and
fire codes.
(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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 33), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
33), 12-6-2007)
Sec. 4-538.- Consumption outside premises prohibited.
(a) It is prohibited for customers to leave the premises with open alcoholic beverages, except
as allowed by O.C.G.A. 3-6-4, "Removal of partially consumed bottle of wine from premises",
and it is the licensee's responsibility to ensure that no open beverages purchased at the
establishment are carried out. In the event of brown bagging in accordance with this chapter, a
Page 42 of 45
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
partially consumed bottle of wine must be sealed by the licensee prior to removal from the
premises and transported in accordance with O.C.G.A. 40-6-253, "Consumption of alcoholic
beverage or possession of open container of alcoholic beverage in passenger area."
However, nothing in this section shall be construed to prohibit the carrying out of wine or malt
beverages for consumption at a publicly -owned or privately -owned golf course.
(b) Brown bag licensees must post notice stating "A partially consumed bottle of wine must be
sealed by the licensee prior to removal from the premises and transported in accordance with
O.C.G.A. 40-6-253, Consumption of alcoholic beverage or possession of open container of
alcoholic beverage in passenger area" in a conspicuous place at the main exit of the
establishment.
(c) It is prohibited for customers to gather outside an alcoholic beverage establishment and
consume alcoholic beverages.
(d) It is prohibited for the manager or any employee to allow persons to gather outside an
alcoholic beverage establishment and consume alcoholic beverages.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 34), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
34), 12-6-2007)
Sec. 4-539.- Complete and detailed specifications of premises and surrounding area required to
accompany application for alcoholic beverage license.
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 the proposed plans and specifications and a building
permit of a proposed building are attached to the application.
(1) The completed building or the proposed building shall comply with city ordinances,
regulations of the state revenue commissioner and the state.
(2) The proposed building shall also be subject to final inspection and approval when
completed by the building inspector.
(3) 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.
(4) 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.
(5) If the applicant is a franchisee, then such applicant shall attach a copy of the
franchise agreement or contract with the application.
(6) 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.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 35), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
36), 12-6-2007)
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STATE OF GEORGIA
COUNTY OF FULTON
Sec. 4-540.- Solicitation prohibited.
ORDINANCE NO. 11-08-108
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 himself or
herself, or for any person other than the patron and guest of the patron, the purchase by the
patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with
which to purchase the beverage; nor shall any licensee pay a commission or any other
compensation to any person frequenting his or her establishment or to his or her agent or
manager to solicit for himself or herself or for the others, the purchase by the patron of any
drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to
purchase the beverage.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 36), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
37), 12-6-2007)
Sec. 4-541.- Authority of Chief of Police to inspect licensed establishments.
(a) Sworn officers of the police department shall have the authority to inspect establishments
licensed under the city's alcoholic beverages ordinances during the hours in which the premises
are open for business. These inspections shall be made for the purpose of verifying compliance
with the requirements of this chapter and state law.
(b) This section is not intended to limit the authority of any other city officer to conduct
inspections authorized by other provisions of this Code.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 38), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
38), 12-6-2007)
Sec. 4-542.- Authority of Chief of Police to close establishment in emergency situations.
The Chief of Police, or his or her 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 24 hours.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 39), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
39), 12-6-2007)
12-6-2007)
Sec. 4-544.- Types of entertainment, attire and conduct prohibited.
Pursuant to O.C.G.A. § 3-3-41:
(1) No person shall perform on a premises licensed hereunder acts of or acts which
constitute or simulate:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
b. The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
c. The displaying of any portion of the female breast below the top of the areola or
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 11-08-108
the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks,
vulva, or genitals.
(2) 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 (1) of this section.
(3) 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 (1) or (2) of this section.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 42), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
42), 12-6-2007)
Sec. 4-545.- Alcohol awareness training.
(a) Required. Any person to whom an alcoholic beverage pouring permit is issued and all
licensee's managerial staff shall be required to complete an alcohol awareness training program
within 30 days from date the person is issued an alcoholic beverage pouring permit.
(b) City treasurer to maintain list of approved programs. The city treasurer shall maintain a list
of schools, training facilities and trade associations 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.
(c) Certificate. 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.
(d) Establishment to maintain certificates in employees' files and forward copy to city
treasurer. The establishment employing individuals required to complete an alcohol awareness
program shall obtain the certificates stating the employees have successfully completed the
course and have the same delivered to the city treasurer to be kept with the records of the
employees having an alcoholic beverage pouring permit.
(e) Failure to obtain certificate cause for suspension of pouring permit. The privilege of a
person to continue having a valid alcoholic beverage 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 beverage pouring permit.
(Ord. No. 06-11-13, § 1(ch. 7, art. 1, § 43), 11-21-2006; Ord. No. 07-11-53, § 1(ch. 7, art. 1, §
43), 12-6-2007)
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