HomeMy WebLinkAboutORDINANCE NO 12 07 138j&tma-i
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.12-07-138
AN ORDINANCE TO AMEND CHAPTER 4.ALCOHOLIC BEVERAGES.TO
AUTHORIZE THE SALE OF "GROWLERS":TO PROVIDE FOR AN EFFECTIVE DATE:
AND TO REPEAL CONFLICTING ORDINANCES.
WHEREAS,Chapter 4 oftheCodeof Ordinances of theCityof Milton,Georgia contains provisions
applicable to theretail packages salesof malt beverages,beerand wine;and
WHEREAS,the Georgia Department of Revenue has historically interpreted its regulations so as to
prohibit the use ofGrowlers for purchasesof malt beverages;and
WHEREAS,the Georgia Department of Revenue recently revised its interpretation of its own
regulations and now has determined that Growlers can be utilized forthe purchase of malt beverages
at retail package locations whichdo notsell distilled spiritsbythe package;and
WHEREAS,the Mayorand Council have determined that it is properin lightof this change of state
regulatory interpretation to amend Chapter4 to allowthe sale of Growlers(as hereinafter defined);
BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular
called council meeting on the 2nd ofJuly,2012 at6:00 p.m.as follows:
SECTION 1.Section 4-1 -Definitions,is hereby amended by deleting the definition of
Retail Package Dealer and replacingit withthe followingdefinition:
Retail packagedealermeansany person who sells unbroken packages or growlers,at
retail,only to consumers and not for resell.
SECTION 2.Section 4-1 -Definitions,is hereby amended bythe insertion of the following
defined term therein:
Growler means a glass or ceramiccontainer not to exceed 64 ounces that is filled by
a licensee or employee ofa licensee with beer from a keg and securely sealed for off-
premises consumption.
SECTION 3.Article IV- Retail Package Sales, Division2 - Malt Beveragesand Wine, is
hereby amended by the insertion of the following language as a new Section 4-192 -
Growlers:
(a)The sale ofGrowlers is authorized in establishments authorized to sell beer,malt
beverages, and wine by the package, but shall not occur in establishments that
also sell distilled spirits by the package.
(b) The filling of Growlers by means of a tapped keg shall not constitute the
breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this Ordinance.
(c)Growlers may only be filled from kegs procured by the licensee from a duly
licensed wholesaler.