Chapter 6
ALCOHOLIC BEVERAGES*

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Cross references: Businesses, ch. 26; public drinking and drunkenness, § 54-1.

State law references: Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.

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Sec. 6-1. Definitions.

Sec. 6-2. Jurisdiction.

Sec. 6-3. License.

Sec. 6-4. Expiration date.

Sec. 6-5. License fees.

Sec. 6-6. Tax on wholesalers.

Sec. 6-7. Returns to finance department; right to inspect.

Sec. 6-8. Sale if taxes are not paid.

Sec. 6-9. Possession by retailers if taxes are not paid.

Sec. 6-10. Granting of license.

Sec. 6-11. Rules and regulations.

Sec. 6-12. Sunday sales.

Sec. 6-13. Consumption on public property.

Sec. 6-14. Violation; penalty.

Sec. 6-15. Revocation of license.

Sec. 6-1. Definitions.

When the words "alcohol," "alcoholic beverage," "distilled spirits," "malt beverage," "person," "retail consumption dealer," "retail dealer," "wholesale dealer" or "wholesaler," and "wine" are used in this chapter, they shall be used and applied as defined in O.C.G.A. § 3-1-2.

(Code 1976, § 3-2)

Cross references: Definitions generally, § 1-2.

Sec. 6-2. Jurisdiction.

This chapter shall be effective and applicable in the corporate limits of the city.

(Code 1976, § 3-3)

Sec. 6-3. License.

Every person engaged in either a retail or wholesale alcoholic beverage business, as approved by the state general assembly, shall file an application with the city clerk for a license to conduct such business, to be approved by the aldermanic board, before engaging in or continuing such business.

(Code 1976, § 3-4)

Sec. 6-4. Expiration date.

Alcoholic beverage licenses shall expire at the end of each calendar year and may be renewed only in the manner and form as provided in this chapter for the original granting of such licenses.

(Code 1976, § 3-5)

Sec. 6-5. License fees.

(a) Not being covered by the provisions of O.C.G.A. §§ 48-13-5? 48-13-26, license fees for the following alcoholic beverage license categories are as set forth in the schedule of fees and charges.

(1) Retail beer and wine.

(2) Retail liquor, sale by package only.

(3) Retail liquor, sale by drink only.

(4) Retail liquor, sale by package and by drink, both in one building under the same ownership.

(5) Sunday sales permit beer and wine, drink only.

(6) Sunday sales permit liquor, drink only.

(7) Wholesale beer.

(8) Wholesale liquor.

(9) Wholesale wine.

(10) Distiller, brewer or manufacturer.

(b) Alcoholic beverage license fees are fixed and assessed on an annual basis or on a prorated basis as set forth in subsection (d) of this section. License fees shall be paid annually to the city clerk.

(c) Every person engaged in more than one of the businesses provided for in subsection (a) of this section shall pay the license fees set forth in the schedule of fees and charges for each such business engaged in and each such beverage sold.

(d) Every person engaged in any of the businesses provided for in subsection (a) of this section shall pay the license fees in amounts as set forth in the schedule of fees and charges for every separate place in which he transacts or engages in such business. Any person engaging in such business prior to July 1 of any year shall pay the full annual license fee in amounts as set forth in the schedule of fees and charges. Any person engaging in such business after July 1 shall pay the balance of such annual fee in amounts as set forth in the schedule of fees and charges. There shall be no difference or deduction in the annual license fee for wholesalers.

(e) To transfer a license during the calendar year, any person engaged in any of the businesses provided for in subsection (a) of this section must make a written application to the city clerk, to be approved by the aldermanic board, and pay a fee as set forth in the schedule of fees and charges.

(Code 1976, § 3-6; Ord. of 12-4-1995, § I)

Sec. 6-6. Tax on wholesalers.

Each wholesaler shall pay, in addition to the regular license fees provided by this chapter, a tax on beverages sold to retailers located within the corporate limits of the city in accordance with the following:

(1) Malt beverages.

a. Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons;

b. Where malt beverages are sold in bottles, cans or other containers, except barrel or bulk containers, a tax of $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.

(2) Distilled spirits. For distilled spirits sold to retailers located within the city for sale either by the package or by the drink, an excise tax shall be paid at the rate of $0.22 per liter or $0.83 per gallon. The tax on distilled spirits sold in other size containers shall be computed at proportionate rates.

(3) Wine. For wine sold to retailers located within the city, an excise tax shall be paid at the rate of $0.22 per liter or $0.83 per gallon. The tax on wine sold in other size containers shall be computed at proportionate rates.

(Code 1976, § 3-7)

Sec. 6-7. Returns to finance department; right to inspect.

(a) Each wholesale dealer receiving, selling, shipping or delivering malt beverages, distilled spirits or wine to wholesalers or retailers in the corporate limits of the city shall make a return to the city clerk by the tenth of the month following the month for which the tax is due, and shall pay the taxes imposed by this chapter. The dealer shall also file with his monthly return a certified copy of his report of monthly sales to retailers made to the state department of revenue.

(b) The city shall have free and complete access by its duly authorized agents to any books, papers, records or memoranda bearing upon the statement for the purpose of ascertaining the correctness of any statement required to be filed by this chapter.

(Code 1976, § 3-8)

Sec. 6-8. Sale if taxes are not paid.

(a) It shall be unlawful for any person to sell at retail or for consumption any malt beverages, wines or spirituous liquors on which the taxes provided for in this chapter have not been paid to the wholesale dealer or distributor for the county.

(b) It shall be unlawful for any wholesale dealer or other person to deliver any malt beverages, wines or distilled spirits to any retail dealer in the county without first collecting the taxes as provided in this chapter.

(Code 1976, § 3-9)

Sec. 6-9. Possession by retailers if taxes are not paid.

It shall be unlawful for any retail dealer to have in his possession any alcoholic beverages unless the tax required by the county has been paid to the wholesaler, distributor or other source delivering or causing the beverages to be delivered to the retail dealer. Whenever any alcoholic beverages are found in the possession of a retail dealer and the records of the payment of the taxes do not appear upon the records of the wholesaler, it will be presumed that the tax has not been paid and the burden shall be upon the retailer or seller to prove such fact. All alcoholic beverages found in the possession of any retail dealer on which the tax has not been paid shall be subject to confiscation by the county authorities and shall be sold by the county authorities and the receipts thereof paid into the county treasury.

(Code 1976, § 3-10)

Sec. 6-10. Granting of license.

(a) The aldermanic board shall grant an alcoholic beverage license when it is found to be in the public interest and general welfare.

(b) The aldermanic board, in determining whether or not any license or permit applied for under this chapter shall be granted, shall consider the following:

(1) The applicant's reputation, character and mental and physical capacity to conduct a business engaged in the sale of wine, beer and/or alcoholic beverages.

(2) The location for which the license is sought as to traffic congestion, general character of the neighborhood and the effect such an establishment would have on the adjacent and surrounding property values.

(3) The number of licenses previously granted for similar businesses in the trading area of the place for which the license is sought.

(4) The proximity of the location of such establishment to schools, churches, libraries and other public buildings in the surrounding area as provided for in section 6-11.

(5) Whether the applicant is a previous holder of a license to sell wine, beer and/or alcoholic beverages, and whether the applicant has violated any law, regulation or ordinance relating to such business.

(6 If the applicant is a previous holder of a license to sell wine, beer and/or alcoholic beverages, whether unusual police observation and inspection were required, including the number and frequency of complaints filed by citizens objecting to the manner in which the business was conducted in such location.

(Code 1976, § 3-11)

Sec. 6-11. Rules and regulations.

The following rules and regulations are established and shall govern the conduct and operation of every place of business selling wine, beer and/or alcoholic beverages, and of every person owning and operating such place of business:

(1) All establishments duly licensed under this chapter must fully comply with all sanitary requirements promulgated by the county health department.

(2) All musical units or amusement machines installed in any establishment licensed under this chapter must be properly registered with the city clerk.

(3) Illegal gambling conducted on the premises of any establishment licensed under this chapter shall be cause for revocation of such license.

(4) No alcoholic beverages provided for in this chapter shall be kept for sale or given away in any building, storehouse, place of business or vehicle located within 100 yards of any school ground, college campus or church.

(5) Disorderly conduct in any place of business or other place where wine, beer and/or alcoholic beverages are permitted to be sold is expressly forbidden by this chapter, and every person owning and/or operating a place of business for which a license under this chapter has been granted, and for which the license fee has been paid, shall be subject to license revocation, in the manner provided for in section 6-15, for permitting any disorderly conduct in such place of business.

(6) All of the laws of the state pertaining to the sale of alcoholic beverages by retail dealers are incorporated in this chapter and are as fully applicable as though completely set forth in this chapter.

(7) Retail establishments shall not open before 7:00 a.m. and shall not close later than 2:00 a.m., except on Sundays when the closing shall be no later than 2:55 a.m. When New Year's Eve falls on Sunday, the establishment licensed under this chapter may open at 12:01 a.m. on January 1 (pouring establishments only).

(8) No person shall serve or sell distilled spirits or alcoholic beverages on Sunday unless a valid license for Sunday sales has been issued by the aldermanic board as provided for in section 6-12.

(9) Retail dealers shall keep their place of business sufficiently lighted to protect the health and safety of patrons and persons lawfully on the premises.

(10) Retail grocery establishments and retail package stores selling alcoholic beverages shall permit sales only between the hours of 7:00 a.m. and 11:45 p.m.

(11) The city reserves the right to promulgate additional regulations or ordinances pertaining to the conduct of the business of selling alcoholic beverages, and any person licensed under this chapter shall be subject to such additional regulations that may be promulgated from time to time by the aldermanic board.

(12) No alcoholic beverage, including malt beverages and vinous liquors, shall be sold in any retail establishment on Christmas Day.

(13) All persons holding an alcoholic beverage license within the city shall be permitted to sell alcoholic beverages on any local and statewide election day; however, no sale of alcoholic beverages shall be permitted within 250 feet of any polling place or of the outer edge of any building within which such polling place is established. The term "election day" shall include all elections as defined in O.C.G.A. § 3-3-20.

(14) Except as otherwise provided in this chapter, it shall be unlawful for any person holding a license for the selling or serving of alcoholic beverages to the public for consumption on the premises, or any of such person's clerks, servants, agents or employees to permit any person under 21 years of age to enter such premises; and, it shall be unlawful for any person under 21 years of age to enter such premises. The provisions of this subsection shall not apply to eating establishments as defined in section 6-12, or to events which are not open to the public. The provisions of this subsection shall not apply to persons under 21 years of age who are working on the premises either as an employee or an independent contractor, which persons may enter and remain on such premises while they are working, and at no other time.

(15) Temporary/special event permits to dispense alcoholic beverages may be issued to individuals when the event is sponsored by (1) a private non-profit organization located in the State of Georgia as classified by the U.S. Internal Revenue Service and no less than 80 percent of the proceeds of the event must benefit the sponsoring non-profit organization. Selling of alcohol is permitted and admission to the event may be charged and advance tickets to the event may be sold; and (2) a closed private event to which the general public is not invited and during which alcoholic beverages will be served only to invited guests. No exchange of anything of value such as admission charges or sale of alcoholic beverages shall be permitted under subsection (2) "private events". Temporary/special event permits will be issued for events to be held on Mondays through Saturdays, and are prohibited on Sundays. Applications will be submitted for approval by the police chief and city council. Permits will be issued for a maximum of two days at a rate of $100.00 per day.

(Code 1976, § 3-12; Ord. of 3-21-1992, §§ I? III; Ord. of 7-2-1990, § I; Ord. of 9-16-2002(1), § II)

Sec. 6-12. Sunday sales.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sunday sales means the sale of alcoholic beverages for consumption on the premises in eating establishments or inns between the hours of 12:30 p.m. and 12:00 midnight on Sunday.

Eating establishment means an establishment:

(1) Whose primary business is the sale of prepared meals;

(2) Which is licensed to sell distilled spirits, malt beverages or wine; and

(3) Which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.

A commercial eating establishment shall have its primary floor area specifically designed, set aside, set up and operating to serve meals and food on the premises and shall have a fully-equipped commercial kitchen to include an appropriate stove, refrigerator, food preparation area, sink and other items required by the county health department and city inspections department for the preparation of food. An eating establishment shall have a printed or posted menu from which selections of prepared meals can be made.

Inn means an establishment which is licensed to sell distilled spirits, malt beverages or wines and which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

(b) Intent. The intent of this section is to allow those full service restaurants that serve the public as part of the city's tourism business to sell alcoholic beverages with meals on Sunday. It is not the intent of this section to permit neighborhood taverns and bars to sell alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday.

(c) License application classifications. The following three license application classifications and criteria for Sunday sales licenses are established:

(1) New applicant at new location means an eating establishment or inn that has not been licensed for alcoholic beverage sales for any purpose for at least one year prior to application at such place of business.

(2) Application at existing location means an application for a Sunday sales license at a location which has an alcoholic beverage license under the same ownership or the previous business ownership within the previous license year.

(3) Application at existing location with alcoholic beverage and Sunday sales license (transfer) and/or renewal means a transfer or renewal of a Sunday sales license at an existing licensed location, licensed within the previous license year.

(d) Licensing procedures.

(1) An applicant for a new location shall include an affidavit by the applicant certifying to the intent to meet the requirements of this section and that it will be either an eating establishment or inn. Each new applicant, after having operated for a period of 12 months, must provide to the police department a certified public accountant (CPA) or registered public accountant (RPA) certified affidavit as set forth in subsection (d)(3) of this section.

(2) An application for an existing location shall include an affidavit by the applicant certifying to the intent to meet the requirements of this section for Sunday sales, and that such location is either an eating establishment or an inn.

(3) An application for a transfer or renewal license shall include a certified affidavit from a certified public accountant (CPA) or registered public accountant (RPA) attesting to the accuracy of the financial information supplied to him and that such location derived at least 50 percent of its gross revenues for the last 12 months of business under present or previous ownership from the sale of prepared meals or room rental in the case of an inn. In the absence of such data, the business owner will not be considered for Sunday liquor sales until a certified affidavit from a CPA or RPA is submitted certifying as to the revenues for the immediate 12 months of business preceding the time of application for a Sunday sales license.

(4) Each serving location or place under the same ownership and within the same building or structure under one roof shall be considered one business under the terms of this section, and shall be licensed by one application and one license issued.

(5) A separate license shall be required for serving locations in separate buildings under the same ownership or management control, and for all locations under separate ownership or management or ownership control.

(6) A separate license shall be required for a serving location within a building or structure if that serving location is under separate ownership or management control from other serving locations within the same building or structure, and in such case, each serving location shall meet the appropriate criteria for a Sunday sales license without considering either food sales or room rental of the owner serving locations within the same building or structure.

(7) The accounting and purchasing records for each license issued under this section must be maintained in a manner that is separate and distinct from any other business or activity.

(8) A nonrefundable application fee of $25.00 is required for all Sunday sales license applications. The license fee for Sunday sales of alcoholic beverages shall be $150.00, which shall be refundable if the application is not approved. A license application for the Sunday sales of distilled spirits for such establishments shall be completed by December 31 of the year preceding the year for which the license is sought and returned to the city before March 1 for approval. Failure to return the application or failure to supply all information requested will result in disapproval of the application and disapproval of the license.

(9) An affidavit for a new license shall be completed by the licensee. An affidavit for a transfer or renewal must be completed by an independent certified public accountant or a registered public accountant. This affidavit must be based upon the general ledger and attached to the application for each yearly license attesting to the fact that at least 50 percent of its total annual gross income is derived from the rental of rooms for overnight lodging or from prepared meals if it is an eating establishment. Failure to attach such affidavit or failure to comply with the terms of the affidavit will result in disapproval of the application and disapproval of the license.

(e) Miscellaneous provisions.

(1) Only dealers licensed under this section are authorized to sell distilled spirits, malt beverages or wine for consumption on the premises in those eating establishments and inns so licensed on Sundays, in compliance with the Georgia Alcoholic Beverage Code, O.C.G.A. § 3-3-1 et seq.

(2) In enforcing this section, the city and its authorized agents, employees and representatives have the right to audit the records and financial books of applicants and license holders. The city and its authorized agents, employees and representatives also have the right to enter upon the premises of applicants and license holders to inspect the premises and determine whether they comply with this section.

(3) The provisions of this section shall apply immediately to all Sunday sales licenses.

(f) Sale of alcoholic beverages on Sundays without special license. It shall be unlawful for any person to sell alcoholic beverages on Sunday within the city limits without obtaining and possessing a special license as set forth in this section.

(Code 1976, § 3-14; Ord. of 3-1-1993, § I)

Sec. 6-13. Consumption on public property.

(a) It shall be unlawful for any person to consume any alcoholic beverages or controlled substances in any of the city or public parks, grounds, public facilities or lands owned by the city, or areas appurtenant to any lands and facilities which are owned and/or operated under the jurisdiction of the city.

(b) It shall be unlawful for any person to consume any alcoholic beverages or controlled substances in parking lots open to the public.

(Code 1976, § 3-15; Ord. of 12-4-1989, § II)

Cross references: Streets, sidewalks and other public places, ch. 74.

Sec. 6-14. Violation; penalty.

Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-12. Upon the conviction of any holder of any alcoholic beverage license of a violation of this chapter, the aldermanic board, in its discretion, shall be authorized to revoke the license of the violator.

(Code 1976, § 3-16)

Sec. 6-15. Revocation of license.

(a) (1) In addition to any criminal penalty that may be imposed by section 6-14, the aldermanic board shall have the right to deny, suspend or cancel any license under this chapter if:

a. The license application is not filed in good faith or is filed by some person as a subterfuge for any other person.

b. Any applicant for a license or any licensee under this chapter willfully fails to comply with any provisions of this chapter.

c. Any person to whom a license has been issued under this chapter is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this chapter.

(2) Before any denial, suspension or cancellation of a license granted under this chapter, the applicant or licensee shall be afforded notice and a hearing as follows:

a. The notice shall be served personally or by certified mail, not less than 20 days before the hearing. The notice shall include a:

1. Statement of the time, place and nature of the hearing;

2. Statement of the legal authority under which the hearing is to be held;

3. Reference to the sections of ordinances and statutes involved;

4. Short and plain statement of the matters asserted;

5. Statement as to the right of any party to representation by legal counsel at the hearing; the right of any party to present evidence on all issues; and the right of any party to subpoena witnesses and documentary evidence.

(b) At the hearing, all parties may be represented by legal counsel, and may respond to and present evidence on all issues involved. The aldermanic board, as the hearing agency, shall have the right to exercise the powers provided in O.C.G.A. § 3A-114, and to promulgate such other rules for the orderly disposition of the hearing as it deems appropriate.

(Code 1976, § 3-17)