The URL can be used to link to this page

Home My WebLink About2021-08-11 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 8/11/2021- 1:00 PM PUBLIC SERVICES 1.Alcohol Ordinance: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include licensing requirements and definition for Bodega as a business type located in the Entertainment Zone that is eligible for an On –Premise Incidental Alcohol License. Attachments 2.Motion to approve the minutes of the Public Services Committee held on July 27, 2021.Attachments 3.Panhandling Ordinance: request approval of amendments to Augusta, Georgia Code, Title 3, Article 18, Chapter 7, Section 3-7-1 (x) Panhandling, so as to define soliciting, panhandling, aggressive panhandling, public area and to specify prohibited acts to the extent allowed without infringing on anyone exercising their rights to constitutionally protected activities. Attachments www.augustaga.gov Public Service Committee Meeting 8/11/2021 1:00 PM Alcohol Ordinance Amendments Department:Planning & Development Presenter:Rob Sherman Caption:Alcohol Ordinance: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include licensing requirements and definition for Bodega as a business type located in the Entertainment Zone that is eligible for an On –Premise Incidental Alcohol License. Background:The Planning & Development Department is requesting to amend the Alcohol Ordinance to include a bodega as a business type eligible for an On-Premise Incidental Alcohol License…. The owner of two restaurants in the Central Business District for over fifteen years is changing the operation for each establishment so that each business will operate as a bodega which by definition is typically small market type store that sells limited beer and wine with prepared food items, coffee, and merchandise that may include retail packaged food products, retail beer and wine, home goods, and décor items. Analysis:The proposed amendments will provide that a bodega, or similar type establishments, are eligible to apply for an Incidental On- Premise Alcohol License subject to approved regulations that includes ‘total revenue generated from the sell of alcohol does not exceed 25 percent of the business’s total annual gross sales of products and /or services at the business’s location’. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the N/A Cover Memo Item # 1 Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Item # 1 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-19 AND SECTION 6-2-52; SO AS TO DEFINE BODEGA, CLARIFYING MINIMUM AGE REQUIREMENT FOR EMPLOYMENT AND BEING ON THE PREMISES, AND ADDING BODEGA UNDER INCIDENTAL ON-PREMISE CONSUMPTION ALCOHOL LICENSING REQUIREMENTS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT INCIDENTAL ON-PREMISE CONSUMPTION ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2 is hereby amended by adding new Section 6-2-2 (ss) as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-19 (d) (1) (2), (e), and (f) are hereby amended by deleting these sections in its entirety, AND new Sections 6-2-19 (d) (1) (2), (e), and (f) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-52 (f) (g) and (h) are hereby amended by deleting these sections in its entirety, AND new Sections 6-2-52 (f) (g) and (h) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 5. This ordinance shall become effective upon adoption. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2021 and that such Ordinance Attachment number 1 \nPage 1 of 4 Item # 1 has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Attachment number 1 \nPage 2 of 4 Item # 1 “EXHIBIT A” (Amended sections are underlined) Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (ss) Bodega shall mean a market type store located in the Entertainment Zone that sells limited beer and wine with prepared food items, coffee, and merchandise that may include retail packaged food products, retail beer and wine, home goods, and décor items. Entertainment Zone shall mean the area of Augusta, Georgia, in the Central Business District that is bounded by the Savannah River to the north, Greene Street to the south, Fifth Street to the east and Thirteenth Street to the west. Sec. 6-2-19. Furnishing to minors - Prohibited. (d) If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one (21) years of age from: (1) Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed restaurant, art shop, personal service establishment, indoor amusement and recreational gaming enterprise, bodega, or Augusta Convention and Visitors Bureau, as defined in Section 6-2-2. (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (e) Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice, which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall employ any individual under the age of 21, or allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment, entertainment venue, art shop, personal service establishment, indoor amusement and recreational gaming enterprise, bodega or Augusta Convention and Visitors Bureau, as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-52. License for eating establishment, hybrid restaurants, entertainment venue, art shop, personal service establishment, indoor amusement and recreational gaming enterprise, bodega, or Augusta Convention and Visitors Bureau; authority to sell for consumption on the premises. (f) For Art Shops, Personal Service Establishments, indoor amusement and recreational gaming enterprise, bodega, and the Augusta Convention and Visitors Bureau to be eligible to apply for an ‘incidental on –premise consumption alcohol license’ it must have a permanent physical location; be a public place kept, used, maintained, advertised and held out to the public as a place of business; and such place being provided with adequate and sanitary facilities as specified by the County Health Department. The serving of such on-premise consumption alcohol shall be incidental to the principal business conducted, and at no time can the sell of alcohol be the dominant activity within the business. The total revenue generated from the sell of alcohol under the ‘incidental on – premise consumption alcohol license’ must not exceed 25 percent of the business’s total annual gross sales of products and/or services at the business’s location. The Planning & Development Department staff, upon receiving an application for an ‘incidental on –premise consumption alcohol license’ shall inspect the business to determine if the applicant is meeting the intent of the above requirements and shall advise the Attachment number 1 \nPage 3 of 4 Item # 1 Commission the determination of his/her inspection. Businesses that receive an Incidental Alcohol License are required to pay an annual regulatory fee as required in Augusta, Georgia Code Section 2-1-3 (c). (Ordinance # 7651& 7652) (g) The licensee for an ‘incidental on –premise consumption alcohol license’ desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (f) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business’s location during the preceding calendar year or, if a new business, fully intends and expects to derive at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business’s location during the remainder of the current calendar year. Such an affidavit must be submitted annually with such business’s ‘incidental on –premise consumption alcohol license’ renewal application if it is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. h) The holder of an ‘incidental on - premise consumption alcohol license’ is not eligible to hold an Alcohol Catering License Attachment number 1 \nPage 4 of 4 Item # 1 Public Service Committee Meeting 8/11/2021 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on July 27, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Public Service Committee Meeting Commission Chamber - 712712021 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Frantom, Chairman; Johnson, Vice Chairman; Clarke and Sias, members. PUBLIC SERVICES 1. Request approval to adopt by reference the International Property Item Maintenance Code (IPMC) 2018 Edition and Georgia Amendments, with the Action: exclusion of (IPMC) Chapter I, Scope and Administration. Approved 2. Approve American Architectural Design Specialties, d.b.a. Playground Item Creations to install a new modular playground unit for Eisenhower Park. This Action: project went through the Procurement process as RFP 2l-177. Approved Motions f#:"" Motion Text Made By seconded By Motion to ^ aDDrove.APProve uotio, Passes 4-0. Motions ffit:'" Motion Text Made By seconded By Approve Motion toapprove. Commissioner Commissioner Motion Passes Sammie Sias Jordan Johnson 4-0. American Architectural Design Specialties, d.b.a. to install a new splash pad at the McBean Community Commissioner Commissioner Sammie Sias Jordan Johnson Passes Motion Result Motion Result Passes Playground Center. This Approve Creations 3. Attachment number 1 \nPage 1 of 4 Item # 2 project went through the Procurement process as a Request for Proposals (RFP Item2t-174). Action: Approved Motions f#:"' Motion Text Made By seconded By Motion to ^ approve. Commissioner CommissionerApprove il[iion purr., a;;-i. S,^ iordu, Johnson Passes 4-0. 4. Motion to approve Change Order 2 to Reeves Construction Company's Item Contract in the amount of ($9,941 .44).In addition to the cost associated with Action: the Change Order #2, Reeves Construction contract time is increased by 5 Approved calendar days. Motion Result Motion Result Passes Motion Result Motions Motion Motion TextI ype Motion to . aDDrove.APProve uotion Passes 4-0. Motions Motion Motion TextI ype Motion to approve. ^ Mr. Clarke out.APProve Motion Passes 3-0. 6. Motion to amend smoke free cigar lounges. (Requested by from July 14 Public Services Made By Seconded By Made By Commissioner Sammie Sias Seconded By Commissioner Jordan Johnson 5. Motion to approve the Contract Amendment #l to McCarthy Improvement Item Company's Contract to re-assign all services previously agreed to and Action: contracted for the Commercial and General Aviation Apron Rehab Phase III Approved Project to C.W. Mathews Contracting Company, Inc. Commissioner Commissioner sammie Sias Jordan Johnson Passes ordinance to allow for the establishment of Item Commissioner Jordan Johnson - referred Action: Committee) Disapproved Attachment number 1 \nPage 2 of 4 Item # 2 Motions X:'1" Motion Text seconded By Motion r Ype uLLv'qLu DJ Result Motion to approve. a. - -.- Mr. Frantom and commissioner commissionerApprove Mr. Sias vote No. Jordan Johnson John Clarke Ties Motion Ties 2-2. 7. Discuss with Parks and Recreation the possibility of organizing a Fishing Day Itemfor city youth at the Mayor's Fishing Hole or DiimondLakes.lRequesteA Uy Action:Commissioner John Clarke - referred from July 14 Public Services ApprovedCommittee) Motions X:j*1" Motion Text Made By seconded By Motion f YPe ''"-- "r vvlvusus vJ Result Motion to approve ^ ., receiving this item as commissioner commissionerApprove information. John clarke Sammie Sias Passes Motion Passes 4-0. 8. Motion to approve the minutes of the Public Services Committee held on July Item14,2021. Action: Approved Motions X:11"' Motion Text Made By seconded By Motion I YPe ' ---- -r Result Motion to Approve ffi|ffiu*., ff##"."Jn.' i"",r#T:ffi passes 4-0. 9. Approve FY 2022 Metropolitan Transportation Planning Services Annual Item Contract (aka PL Funds Contract). Action: Approved Motions Y:-'1" Motion Text Made By seconded By Motion lYPe '''--- -r svlv'svs uJ Result Approve Motion to commissioner commissioner passesapprove. Sammie Sias Jordan Johnson Attachment number 1 \nPage 3 of 4 Item # 2 Motion Passes 4-0. 10. Motion to approve the transfer of Contract with Societe International de Item Communications Aeronautiques Radio, Inc. (SITA) Action: Approved Motions Y:jti"" Motion rext Made By seconded Bv [:Xii'l-ype Motion to ^ - approve. Commissioner CommissionerApprove frotion Passes Sammie sias Jordan Johnson Passes 4-0. 11. Discuss the partnership and agreement with Augusta Richmond County Item Aquatic Center and the Aiken Augusta Swim league. (Requested by Action: Commissioner Sean Frantom) Approved Motions IVlotion d r rn-- Motion:"""" Motion Text Made By Seconded By Type rrrvrrv' r var rvrssv vJ Result Motion to approve ^ receiving this item Commissioner CommissionerApprove ul inro.*utior. Sammie Sias Jordan Johnson Passes Motion Passes 4-0. www.ausustasa.sov Attachment number 1 \nPage 4 of 4 Item # 2 Public Service Committee Meeting 8/11/2021 1:00 PM Panhandling Ordinance Amendments Department:Planning & Development Presenter:Rob Sherman Caption:Panhandling Ordinance: request approval of amendments to Augusta, Georgia Code, Title 3, Article 18, Chapter 7, Section 3-7-1 (x) Panhandling, so as to define soliciting, panhandling, aggressive panhandling, public area and to specify prohibited acts to the extent allowed without infringing on anyone exercising their rights to constitutionally protected activities. Background:The Augusta, Georgia CodeSection 3-7-1 (x) Panhandling approved on March 21, 2006 addresses aggressive panhandling in two locations: Broad Street / Augusta Common District, and Armstrong Galleria District. The proposed amendments provide regulations on soliciting / panhandling for all of Augusta. Analysis:The proposed amendments, that define certain activities and prohibit certain acts, intend to provide for the safety and wellbeing of Augusta residents and visitors while at the same time not infringing on anyone exercising their rights to constitutionally protected activities. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A Cover Memo Item # 3 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 3, ARTICLE 18, CHAPTER 7, OFFENSES – DISORDERLY CONDUCT, SECTION 3-7-1 (X) PANHANDLING; TO DEFINE SOLICITING, PANHANDLING, AGGRESSIVE PANHANDLING, AND PUBLIC AREA; TO SPECIFIY PROHIBITED ACTS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT THE IMPROPER USE OF PUBLIC AREAS FOR THE PURPOSE OF SOLICITING, PANHANDLING AND AGGRESSIVE PANHAHDLING SHALL BE REGULATED TO THE EXTENT ALLOWED WITHOUT INFRINGING ON ANYONE EXERCISING THEIR RIGHTS TO CONSTITUTIONALLY PROTECTED ACTIVITIES. NOW THEREFORE THE AUGUSTA, GEORGIA COMMISSION HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 3, Chapter 7, Offenses – Disorderly Conduct, Section 3-7-1(x) Panhandling is hereby deleted in its entirety AND new Section 3-7-1 (x) Panhandling is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. ____________________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 1 of 4 Item # 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2021 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ Date: _________________________ Attachment number 1 \nPage 2 of 4 Item # 3 “EXHIBIT A” (x) Panhandling as hereinafter defined is prohibited as stated. 1. This section regulates the time, place, and manner of solicitations and panhandling and shall not apply to anyone exercising their rights to constitutionally-protected activity. 2. 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: (a) Solicit or Panhandle shall mean to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, including a request for employment, business, or contributions, or to request the sale of goods or services. This definition shall include all methods of solicitation including, but not limited to, spoken, written, or printed words, or by other means of communication including, but not limited to, bodily gestures. (b) Public Area shall mean an area to which the public or a substantial group of persons has access, including, but not limited to, streets, highways, roadways (including shoulders and medians), bridges, the area above and below any bridge, sidewalks, alleys, parking lots and decks, plazas, parks, public greenspace areas, playgrounds, schools, transportation facilities, within a public-transportation vehicle, an area owned in whole or in part by, operated by, for, or under the custody and control of Augusta, Georgia, and other public property, including city-owned property and any other property where public gatherings occur on a regular basis, and any other property where public meetings are conducted. (c) Outdoor Dining Area shall mean an outdoor dining area of a restaurant or other establishment serving food or drink for immediate consumption. . (d) Aggressive shall mean Panhandling, as defined, in any one or more of the following manners in a public area or on private property: (1) Behavior shall be deemed as "aggressive" or "intimidating" if a reasonably prudent individual could be deterred from passing through or remaining in or near any thoroughfare, or place open to the public because of fear, concern or apprehension caused by such behavior. (2) Intentionally or recklessly making any physical contact with another person or vehicle in the course of soliciting without that person’s express consent; (3) Continuing to solicit from a person after that person has given a negative response to an initial solicitation; Attachment number 1 \nPage 3 of 4 Item # 3 (4) Soliciting a person who is located in an outdoor dining area; (5) Soliciting a person at night. (a) At Night shall mean the time period between 30 minutes after sunset to 30 minutes before sunrise. 3. Prohibited Acts. It shall be unlawful for any person within the corporate limits of Augusta, Georgia to commit any of the following acts. (a) No person shall engage in aggressive panhandling within the corporate limits of the city. (b) No person shall solicit or panhandle on private property or business without first having obtained the permission of the owner or other person legally in possession of the property; (c) No person shall solicit or panhandle within 30 feet of any automated teller machine or any bank, financial institution, or check-cashing facility. (d) No person shall solicit or panhandle within five feet of the entrance or exit of a structure without having obtained the permission of the owner or other person legally in possession of the property; (e) No person shall solicit or panhandle within 30 feet of an outdoor dining area. (f) No person shall solicit or panhandle an operator or passenger of a motor vehicle while such operator or passenger is operating or occupying a motor vehicle; provided, however, that this section shall not apply to services rendered in connection with the provision of emergency repairs requested by the operator or passengers of such vehicle. (g) No person shall use the median within the public right-of-way for the purpose of soliciting or panhandling. 4. False or misleading solicitation. It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting. Attachment number 1 \nPage 4 of 4 Item # 3