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HomeMy WebLinkAbout2019-01-29 Meeting Minutes Public Service Committee Meeting Commission Chamber - 1/29/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke, member. Absent: Hon. Fennoy, member. PUBLIC SERVICES 1. Presentation by Mr. William Varnell regarding age limit on taxis.Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting in order to comprehensively analyze the age limit on taxis in comparisons with other modes of transportation such as Uber and Lyft and look at what other cities have done in these cases. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 2. New Ownership Application: A.N. 19-03: A request by Michael Newsome for an on premise consumption Beer License to be used in connection with Billards II, LLC dba Rack and Grill II located at 3801 Mike Padgett Hwy. District 8. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 3. New Ownership Application: A.N. 19-04: A request by Naveed Gojali for a retail package Beer & Wine License to be used in connection with S T Food Store located at 3706 Mike Padgett Hwy. District 1. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 4. New Application: A.N. 19-05: A request by Amy Adamo for an on premise consumption Liquor, Beer & Wine License to be used in connection with Vance's Bakery Bar located at 901 B Broad St. District 1. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 5. New Application: A.N. 19-06: A request by William M. Hatch for a wholesale Distilled Spirits License for Carolina Moon Distillery dba 2nd City Distilling Company located at #4 8th St. District 1. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan 6. Incidental On-Premise Alcohol Licenses: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include additional definitions, Incidental Alcohol licenses for beer, wine and liquor, and amendments for regulating such licenses; and to waive the second reading. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 7. The Planning & Development Department requests approval to amend the Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2-1-3(c), so as to establish the ‘Incidental Alcohol License’ regulatory fee, to provide an effective date, and to waive the second reading. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 8. Transfer of Adult Entertainment Permit: request approval to amend the Augusta, Georgia Code, Title 6, Chapter 1, Section 6-1-15, so as to provide conditions under which an adult entertainment permit may be transferred. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner John Clarke Commissioner Ben Hasan Passes Motion Passes 3-0. 9. Discuss the Augusta Public Transit System. (Requested by Commissioner Marion Williams) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to provide an assessment of the bus shelters that are in our inventory and how many will be needed, where the locations are and a cost estimate for the new signage and bring it back to the next committee meeting with a sample of the signage to come back to the Commission meeting on Tuesday. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 10. Motion to approve the design work for four LED Digital Display Message Boards (Bid Item 18-204, approved 8/21/2018). Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes 11. Motion to approve the minutes of the Public Services Committee held on January 8, 2019. Item Action: Approved Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Mary Davis Commissioner Ben Hasan Passes www.augustaga.gov Public Service Committee Meeting 1/29/2019 1:00 PM Attendance 1/29/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: First and third{uesdays of each month _ 2:00 p.m.committee meetings: second and last Tuesdays or"".f*onth - 1:00 p.m. commission/committee: (prease check one and insert meeting date) Commission Date of Meeting Date of MeetingPublic Safety Committee Public Services Committee Administrative Services Committee Date of Me"t.gJantrar,4 ?_t ,2-O Iq Date of Meeting J Date of Me"tirg_ Date of Me"tirg __-- _ Engineering Services Committee_ Finance Committee contact rnformation for rndividuaupresenter Making the Request: Name: Address: Telephone Number: Fax Number: E-Mail Add." opic of Discussion to.be placed on the Agenda:ll,,. lL ^.^T--,,-o Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 706-821-1820 706-821-1838 nmorawski@augustaga.gov Telephone Number: Fax Number: E-Mail Address: Requests may be faxed, e-mailed or delivered in person and must be received in the clerk,soffice no later than 9:00 a.m. on the Thursauy'p."""aiog the commission or committeemeeting of the following week. A five-minute time limit will be allowed for presentations. Public Service Committee Meeting 1/29/2019 1:00 PM William S. Varnell Department: Presenter: Caption:Presentation by Mr. William Varnell regarding age limit on taxis. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 1/29/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership Application: A.N. 19-03: A request by Michael Newsome for an on premise consumption Beer License to be used in connection with Billards II, LLC dba Rack and Grill II located at 3801 Mike Padgett Hwy. District 8. Super District 10. Background:This is a New Ownership Application. Formerly in the name of Chris D. Kuneman. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $635.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 1/29/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Ownership Application: A.N. 19-04: A request by Naveed Gojali for a retail package Beer & Wine License to be used in connection with S T Food Store located at 3706 Mike Padgett Hwy. District 1. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Pok Sun Greubel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 1/29/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Application: A.N. 19-05: A request by Amy Adamo for an on premise consumption Liquor, Beer & Wine License to be used in connection with Vance's Bakery Bar located at 901 B Broad St. District 1. Super District 9. Background:This is a New Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,385.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Public Service Committee Meeting 1/29/2019 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:New Application: A.N. 19-06: A request by William M. Hatch for a wholesale Distilled Spirits License for Carolina Moon Distillery dba 2nd City Distilling Company located at #4 8th St. District 1. Super District 9. Background:This is a New Application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,500.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-14, SECTION 6-2- 17, SECTION 6-2-19, SECTION 6-2-19, SECTION 6-2-26, SECTION 6-2-51, SECTION 6-2- 52, AND SECTION 6-2-67; SO AS TO PROVIDE ADDITIONAL DFINITIONS, HOURS OF SALE, CLARIFYING MINIMUM AGE REQUIREMENT FOR EMPLOYMENT, ADDING ALCOHOL LICENSE CLASSIFICATIONS, ADDING LICENSING REQUIREMENTS FOR ART SHOPS, PERSONAL SERVICE ESTABLISHMENTS, AND AUGUSTA CONVENTIONS AND VISIITORS BUREAU, AND ADDING LICENSING FEES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; 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 ALL 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 deleting this section in its entirety, AND new Section 6-2-2 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-14 is hereby amended by deleting this section in its entirety, AND new Section 6-2-14 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-17, is hereby amended by deleting this section in its entirety, AND new Section 6-2-17 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-19, is hereby amended by deleting this section in its entirety, AND new Section 6-2-19 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-51, is hereby amended by deleting this section in its entirety, AND new Section 6-2-51 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 6. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-52, is hereby amended by deleting this section in its entirety, AND new Section 6-2-52 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 7. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-67, is hereby amended by deleting this section in its entirety, AND new Section 6-2-67 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 10. This ordinance shall become upon adoption. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. __________________________ ______________________________ 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 ________________, 2019 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: _________________________ WAIVE SECOND READING “EXHIBIT A” (Amended sections are underlined) Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Definitions Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (a) Alcohol. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including, but not limited to, distilled spirits, beer, malt beverage, wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department, including the buildings and the surrounding property or campus directly incorporated into such use. (d) Bar/ Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. (e) Beer. Malt beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water containing not more than fourteen percent (14%) Alcohol by volume and including ale, porter, brown, stout, lager beer, and strong beer. This term does not include sake, known as Japanese rice wine. (f) Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (g) Brewpub shall mean a restaurant that produces a limited quantity of an alcoholic malt beverage for on- site consumption with incidental sales to the public as carryout and is consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Such use must be connected to public water and sewer. (h) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (i) Church: A permanent building owned and operated exclusively by a religious organization and publicly designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (j) Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (k) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department, or any designated representative thereof. (l) Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (m) Distributor shall mean the manufacturer’s direct point of contact for prospective buyers of certain products. (n) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, within the limits of Augusta, Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area; Restaurants (eating establishments) as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b) Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (o) Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (p) Fortified Wines shall mean any alcoholic beverage containing more than twenty-one percent (21%) Alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (q) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and 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 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (r) Hotel: A building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. (s) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the “Housing Authorities Law”. (t) Incidental Alcohol License (t) Liquor. Distilled spirits, which means any alcoholic beverage obtained by distillation or containing more than 21% alcohol by volume, including but not limited to all fortified wines. (u) Liquor Store shall mean a retail outlet for the purpose of the sale of alcoholic beverages to include beer, wine and spirits. (v) Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (w) Main entrance door/ front door means the principal entrance by which access may be obtained to the operational area of a structure. (x) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (y) Nightclub shall mean an established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business) and which also may provide live entertainment. (z) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (aa) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. (No restaurant component) (bb) Off-premises consumption. The sale of alcoholic beverages in unbroken packages for consumption in a location other than the licensed premises. (cc) On-premises consumption. The sale of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (dd) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (ee) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. Such use must be connected to public water and sewer. (No restaurant component) (ff) Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (gg) Package. A bottle, can or other original consumer container. (hh) Private club means any nonprofit corporation or association organized under the laws of this state which: (1) Has been in existence at least one year prior to filing an application for a license; (2) Has at least 75 regular dues-paying members; and (3) Owns, hires or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; b. Is staffed with a sufficient number of employees for cooking, preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time. (ii) Restaurant: An established place of business: (1) Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2) Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3) Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4) Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5) Which serves food during all hours of operation. (6) Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52, provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (3) of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-2(w)(7) of the Augusta, Georgia Code." and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (jj) Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises, only to consumers and not for re-sale. (kk) Wine. Any alcoholic beverage containing not more than 21% alcohol by volume, made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (ll) Wholesaler shall mean person or firm that buys large quantities of goods from various producers and resells them to retailers. (mm) Wine Tasting as regulated under Georgia State Alcohol regulations Section 560-2-9-.01, and Section 6-2-77 of the Augusta, Georgia Alcohol Ordinance. An application for a Wine Tasting in an establishment with a current Retail Wine License shall be approved by the Director of Planning & Development. (nn) Incidental Alcohol License shall mean an on-premise consumption alcohol license under which the total revenue generated from the sale 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. The serving of such on-premise consumption alcohol shall be incidental to the principal business conducted, and at no time can the sale of alcohol be the dominant activity within the business. 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). (oo) Art Shop shall mean a retail business devoted exclusively to providing art education that is limited to instruction in painting, sculpture and similar crafts; or to selling and displaying portraits, paintings, sculptures, art supplies and similar artwork and crafts. An art shop shall not allow activities that would cause the business to be an adult entertainment establishment as defined in Augusta Code, Section 6-1-2. (pp) Personal Service Establishment means a retail business devoted to providing salon services to individuals such as hair coloring, cutting and styling; nail services; massage therapy, and/or waxing. A stand-alone message therapy business - one that is not under the same business license as a personal service establishment, is not eligible for an incidental alcohol license. (Massage therapy is defined in Augusta Code 6-4-1.) (qq) Augusta Convention and Visitors Bureau located at 1010 Broad Street is the official destination marketing organization for Augusta, Georgia. Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4) No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. (5) Holders of Class O, P, and Q licenses (incidental on-premise consumption of Beer, Wine, and Liquor) shall not serve alcohol earlier than 10:00 a.m. Monday through Saturday and may serve any authorized alcoholic beverage until 10:00 PM. The aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of other non-alcoholic merchandise or services. No alcoholic beverage shall be allowed to be in the possession of patrons before 10:00 AM or after 10:00 PM. On Sunday, the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. Sec. 6-2-15. Sunday Sales. (a) The sale of alcoholic beverages is authorized for consumption on-premises in eating establishments, or inns, as defined herein, on Sundays between the hours of 11:00 a.m. and 2:00 a.m. Monday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 2:30 a.m. Monday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. For the purpose of this subsection, eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty (50) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in section 6-2-52. For the purpose of this subsection, inn means an establishment which is licensed to sell alcoholic beverages and which derives at least fifty (50) percent of its total annual gross income from the rental of rooms for overnight lodging. (b) The Augusta-Richmond County Commission recognizes the value of the Masters Tournament to tourism and recruitment of industry and business to Augusta, Georgia: that entertainment of visitors to Augusta during the Masters Tournament, including the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament is an important resource to Augusta; and that allowing “eating establishments” and “inns”, that are not otherwise licensed for Sunday sales, to sell alcoholic beverages on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament enhance the ability of Augusta to attract tourism, economic development, and industry and businesses. Therefore, “eating establishments” and “inns” as provided in subparagraph (a) hereof, shall be allowed to secure a special license authorizing the sale of alcoholic beverages, for which they are otherwise licensed, on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. The fee for such permit shall two hundred dollars ($200.00) per Sunday , and application for same must be made as provided in Augusta-Richmond County Code § 6-2- 77 at least thirty (30) days in advance of the such event. The license provided for herein shall be in addition to any other license granted under Augusta-Richmond County Code § 6-2-77 or any other section of this Chapter. (c) Policy Statement. The intent of this Sunday Sales Ordinance is to allow those full service restaurants that serve the public to sell alcoholic beverages with the meals on Sunday. It is not the intent of this Ordinance to encourage neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday. Sec. 6-2-17. Inventory to be kept under lock and key when sale prohibited. (a) On all days and times that the sale of alcoholic beverages or a particular type of alcoholic beverage is prohibited by state law and where the business is otherwise open and operating for the purpose of the sale of other items and services, it is required that all coolers designated as alcoholic beverage coolers be kept under lock and key during the period of time that sale of alcoholic beverages is prohibited, and also that any inventory of alcoholic beverages must be kept under lock and key during these periods. Sec. 6-2-19. Furnishing to minors - Prohibited. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one (21) years of age; (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under twenty-one (21) years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and (4) 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 twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the sale, purchase or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2) At a religious ceremony; or (3) In the home of the parent or guardian, with the parent or guardian present. (c) The prohibition contained in paragraph (1) of subsection (a) of this section shall not apply with] respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21) years of age or older. 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 including, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec. 40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. (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, 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; (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed restaurant, art shop, personal service establishment, or Augusta Convention and Visitors Bureau, as defined in Section 6-2-2. (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, 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. 6-2-26. Employment of persons under eighteen years of age prohibited. (a) In establishments holding a license permitting the sale of alcoholic beverages for on-premises consumption that do not prohibit individuals under the age of 21 from entering, no person shall allow or require a person in his employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b) This section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets, convenience stores, breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-51. License required. (a) No alcoholic beverage may be sold, possessed for sale, or distributed in Augusta-Richmond County, other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b) Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewery, Manufacturer of Malt Beverages (8) Class H: Brewpub Operator (9) Class I: Micro Brewery (10) Class J: Nano Brewery (11) Class K: Pico Brewery (12) Class L: Distillery (13) Class M: Nano Distillery (14) Class N: Pico Distillery (15) Class O: Incidental on-premise beer (16) Class P: Incidental on-premise wine (17) Class Q: Incidental on-premise liquor (18) Wholesale Beer (19) Wholesale Wine (20) Wholesale Liquor (21) Sunday Sales Sec. 6-2-52. License for eating establishment, hybrid restaurants, entertainment venue, art shop, personal service establishment, or Augusta Convention and Visitors Bureau; authority to sell for consumption on the premises. (a) For an eating establishment to be eligible to sell alcoholic beverages for consumption on the premises, it must be a public place kept, used, maintained, advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen to include an appropriate stove, refrigerator, food preparation area, sink, and other items required by the County Health Department and Planning & Development Department for the preparation of foods, and shall have a printed or posted menu from which selections for prepared food can be made, and dining room equipment, and a seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the principal business conducted, with the serving of distilled spirits to be consumed on the premises as only incidental thereto, and to qualify as an eating establishment under this section, such establishment must derive at least 50 percent of its total annual gross food and beverage sales from the sales of prepared meals and foods on-premises. The Planning & Development Department staff, upon receiving an application from an eating establishment to sell alcoholic beverages for consumption on the premises, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission the determination of his/her inspection. (b) The licensee of any eating establishment desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (a) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the preceding calendar year or, if a new business, fully intends and expects to derive at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the remainder of the current calendar year. Such an affidavit must be submitted annually with such establishment's alcoholic beverage license renewal application if restaurant classification is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (c) Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1) the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; (2) the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (a) and (b) of this section; (3) no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c) of the Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6) restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (d) For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats, affixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept, used, maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto, and to qualify as an entertainment venue under this section, such establishment must derive at least 50 percent of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets. The Director of Planning and Development, upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the commission the determination of his/her inspection. The sale of alcoholic beverages is authorized for consumption on-premises in entertainment venues as defined herein, on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the shall be vacated of all persons, including employees, by no later than 12:00 midnight. For the purpose of this subsection, entertainment venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (1) Any business operating as an entertainment venue as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining, renewing and maintaining such certificate shall be governed by the applicable provisions of the Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a business tax certificate issued to any entertainment venue shall be as set forth in section 2-1-3(c). (e) Upon renewal of an alcoholic beverage license at a premise where an eating establishment, hybrid restaurant, or entertainment venue is in operation, verified records of sales of food or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment. The Director of Planning and Development may cause an audit of the books of a qualifying eating establishment, hybrid restaurant, or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment, hybrid restaurant, or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. Any untrue or misleading information contained in, or material omission left out of, shall be cause for action to be taken against the alcohol license as provided for in Section 6-2-74. (f) For Art Shops, Personal Service Establishments,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 (i.e. operating as a bar). 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 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). (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) While at a business holding an incidental alcohol license, no customer therein shall consume more than two 6-ounce servings of wine, or two 12-ounce servings of beer, or two 1.5 ounce servings of distilled spirits during a three-hour period. (i)The holder of an ‘incidental on - premise consumption alcohol license’ is not eligible to hold an Alcohol Catering License. Sec. 6-2-65. Same—Additional considerations. (a) In determining whether or not any license applied for hereunder shall be granted, renewed, transferred or issued to a new location, in addition to all the provisions of this Ordinance, the following shall be considered in the public interest and welfare: (1) Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct this business. (2) Previous violations of liquor laws. If the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any law, regulation or ordinance relating to such business. (3) Manner of conducting prior liquor business. If the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder, especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. (4) Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent and surrounding property values. (5) Number of licenses in trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. (6) Dancing. If dancing is to be permitted upon the premises for which the license is sought and the applicant has previously permitted dancing upon any premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation or ordinance. (7) Previous revocation of license. If the applicant is a person whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages license suspended or revoked. (8) Payment of taxes. If the applicant and business are not delinquent in the payment of any local taxes. (9) Congregation of minors. Any circumstances which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64(b) herein. (10) Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. (11) Previous Denial or Revocation. The denial of an application, or the revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. (b) If the application is denied, the Augusta-Richmond County Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial, together with the written report, to the Director of Planning & Development who shall notify the applicant of the denial within five (5) days of the denial. Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice, in writing, on the Commission within five (5) days of the receipt of the denial of the application. (c) On reconsideration, the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel, may offer testimony by witnesses or any other evidence and may question any opposing witnesses. At the close of the evidence, the Commission shall either uphold its denial or shall approve the issuance of a license. Sec. 6-2-67. License fee. (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b) Amount. Each applicant shall pay a license fee as set out herein: (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Retail and Wholesale: Fee (1) Class A: Consumption on-premises beer $625.00 - $665.00 (2) Class B: Retail beer $665.00 (3) Class C: Consumption on-premises wine $625.00 - $665.00 (4) Class D: Retail wine $665.00 (5) Class E: Consumption on-premises liquor $3,115.00 - $3,330.00 (6) Class F: Retail liquor $3,330.00 (7) Class G: Brewery, Manufacturer of Malt Beverages $1,000.00 (8) Class H: Brewpub Operator $1,000.00 (9) Class I: Micro Brewery $1,000.00 (10) Class J: Nano Brewery $1,000.00 (11) Class K: Pico Brewery $1,000.00 (12) Class L: Distillery $1,500.00 (13) Class M: Nano Distillery $1,500.00 (14) Class N: Pico Distillery $1,500.00 (15) Class O: Incidental on-premise beer $315.00 (16) Class P: Incidental on-premise wine $315.00 (17) Class Q: Incidental on-premise liquor $1,560.00 (18) Wholesale liquor $6,050.00 (19) Wholesale beer $665.00 (20) Wholesale wine $135.00 (21) Sunday sales $1,245 - $1,330.00 (22) Alcohol Catering $365.00 (flat fee) (23) Second Alcohol License $625.00 - $665.00 Restaurants and Bars (On-premise consumption) Occupancy Load / Fee 1 – 100 101 – 200 201 – 300 301+ Beer $625 $635 $650 $665 Wine $625 $635 $650 $665 Liquor $3115 $3175 $3235 $3330 Sunday Sales $1245 $1270 $1295 $1330 Second Alcohol Lic. $625 $635 $650 $665 Sunday Sales Single $250 $275 $300 $325 Event Restaurant and Bars (c) Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half (1/2) of the full license fee shall be paid for a license issued after July 1 of the license year. (d) Refund. In case of the revocation or surrender of such license before the expiration of the calendar year, the holder thereof shall not be entitled to receive any refund whatsoever. Public Service Committee Meeting 1/29/2019 1:00 PM ALCOHOL ORDINANCE AMENDMENTS Department:Planning & Development Presenter:Rob Sherman Caption:Incidental On-Premise Alcohol Licenses: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include additional definitions, Incidental Alcohol licenses for beer, wine and liquor, and amendments for regulating such licenses; and to waive the second reading. Background:At the January 15, 2019 Commission meeting the motion was approved to authorize the Planning & Development Department and Legal Department to research the steps necessary to amend the City’s alcohol ordinance to allow Augusta & Company (Convention and Visitors Bureau) to serve free samples of local products (beer, wine, distilled spirits) to visitors and locals…. In addition, there was discussion that the amendments would allow businesses such as art studios and personal service establishments to sale alcohol products for on-premise consumption. Analysis:The Convention and Visitors Bureau is seeking amendments to the Alcohol Ordinance so that it may obtain alcohol licenses for on-premise consumption to promote at its new location on Broad Street locally brewed and distilled alcohol products. In addition, Planning & Development has received inquiries from art studios and personal service establishments that would like to obtain an on-premise alcohol license to provide beverages to customers… The alcohol licenses for on-premise consumption would be incidental to the dominant purpose of the organization or business. The proposed amendments regulates the hours of sale, age for consumption, days of operation, and the percentage of gross annual sales that can be derived from the sale of alcohol. Financial Impact:FINANCIAL IMPACT: The proposed Alcohol License fees: Incidental on-premise beer: $315.00 Incidental on-premises wine: $315.00 Incidental on-premise liquor: $1,560.00 (Regulatory Fee: $250.00 per year / this fee is presented in another agenda item) Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ORDINANCE NO. __________ AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE SECTION 2-1-3(c) SO AS TO ESTABLISH THE INCIDENTAL ALCOHOL LICENSE REGULATORY FEE; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. Augusta, Georgia Code § 2-1-3(c), is hereby amended by deleting said subsection in its entirety, and substituting in lieu thereof the following, to-wit: Sec. 2-1-3 (c). The regulatory fee schedule for persons in occupations and professions shall be as set below, and may be amended from time to time: Adult Entertainment Establishments $3,479.00 per year Adult Entertainment (live) $140. per day Amusement Parks $696.00 per year Arcades $349.00 $350.00 per year Craft Show Promoters $418.00 per year Dance Hall License incidental to Alcohol License $140.00 per year Entertainment Venue: $349.00 per year Flea Markets 1 through 10 rental spaces $418.00 per year 11 or more rental spaces $696.00 per year Fortune Tellers $696.00 per year Going Out of Business Sales $140.00 per 90 days (May be renewed for 60 days) $140.00 Hybrid Restaurant $500.00 per year Incidental Alcohol License $250.00 per year Second Hand Goods $140.00 per year Street Vendors $50.00 per day Temporary and Transient Vendors $175.00 per day Wreckers $36.00 per year Taxicabs $36.00 per year Limousines $36.00 per year Vending Machines (per machine) $9.00 per year. Salvage Yards $317.00 Section 2. This ordinance shall become effective upon adoption. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this _________ day of ______________, 2019. Adopted this ___ day of ___________, 2019. _________________________________ 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 ________________, 2019 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: _________________________ WAIVE SECOND READING Public Service Committee Meeting 1/29/2019 1:00 PM Proposed Regulatory Fee Amendment - Incidental Alcohol License Department:Planning & Development Presenter:Rob Sherman Caption:The Planning & Development Department requests approval to amend the Augusta, Georgia Code, Administrative and Regulatory Fee Structure, Section 2-1-3(c), so as to establish the ‘Incidental Alcohol License’ regulatory fee, to provide an effective date, and to waive the second reading. Background:It is proposed that an ‘Incidental Alcohol License’ regulatory fee be approved. The annual fee will be to offset the cost of regulating the business. Analysis:The approval of the proposed ‘Incidental Alcohol Licenses’ for liquor, beer, and wine will necessitate the monitoring of the businesses that obtain the alcohol license. Under this license, the sale of alcohol is intended to be incidental to the dominant business. The occasional inspection of the business will ensure compliance with the codes. Financial Impact:The proposed Ordinance amendment will result in additional revenue in the amount of $250 for each business that receives an Incidental Alcohol License. Alternatives:Do not approve the regulatory fee. Recommendation:Approval Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 1, ADULT ENTERTAINMENT, SECTION 6-1-15, SO AS TO PROVIDE CONDITIONS UNDER WHICH AN ADULT ENTERTAINMENT PERMIT MAY BE TRANSFERRED; 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 TRANSFER OF ADULT ENTERTAINMENT PERMITS MAY BE ALLOWED AS PROVIDED FOR WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Section 6-1-15, is hereby amended by deleting this section in its entirety, AND new Section 6-1-15 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2019. ______________________________ 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 ________________, 2019 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: ____________________________ “EXHIBIT A” (Amended sections are underlined) Sec. 6-1-15. Same—Nontransferable. No adult entertainment establishment permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case the permit, upon notification to Augusta, shall be placed in the name of the surviving partner. (a) Exceptions. (1) Estate administration, etc. In case of the death of any person holding such a permit, or any interest therein, the same may be transferred to the administrator, executor, or the lawful heirs of the deceased person, if otherwise qualified. (b) Procedure for application for exception. Any permittee desiring a transfer of a permit pursuant to an exception under (a)(1) above shall notify the Director of Planning & Development of the basis of the exception. (c) All applicants under (a)(1) above, shall furnish all data, information and records requested of them by the License & Inspection Department and/or the Augusta - Richmond County Sheriff's Department, and failure to furnish such data, information and records within thirty (30) days from the date of the request shall automatically serve to dismiss, with prejudice, the application. Applicant, by filing an application, agree to produce for oral interrogation any person or persons involved in any transaction pertinent to the application or any evidence relevant to the application as may be requested by the Planning & Development Department or the Richmond County Sheriff's Department. Failure to produce such evidence, person or persons within thirty (30) days after being requested to do so shall result in the automatic dismissal of the application. (1) The application for the transfer of an adult entertainment establishment permit under this section shall contain the following information: (a)The full true name and any other names used by the applicant; (b) The present address and telephone number of the applicant; (c) The previous addresses of the applicant, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each; (d)Acceptable written proof that the applicant is at least twenty-one (21) years of age; (e)The business license history of the applicant and whether such applicant, in previous operations in this or any other county, city, state or territory under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation; (f) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions; (g) The names and addresses of the owner and lessor of the real property upon which the business is to be conducted and a copy of the lease or rental agreement; (h) The age and date of birth of the applicant. (j) If the applicant, has ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the past five (5) years, and if so, a complete description of any such crime, including date of violation, date of conviction, jurisdiction of any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed; (j) Address of the premises to be permitted; (k) Whether the premises is owned or rented and, if the applicant has a right to legal possession of the premises, copies of those documents giving such legal right; (l) The applicant for the transfer of an adult entertainment permit shall, if approved for transfer, obtain a Business Tax Certificate under the exact name as shown on the approved transfer application. (m) If the answers to any of the above disclosure requirements should change for any reason whatsoever, that applicant shall submit the changes to the Augusta Planning & Development Department within thirty (30) days. (d) The Director of Planning & Development and the Augusta-Richmond County Sheriff’s Office shall review the transfer application and either approve or deny the exception. If the exception is approved, the Director shall submit the transfer application to the Administrator who shall have the authority to approve such a change of permit. In the event that the Administrator denies such change of permit, the applicant shall have the right within ten (10) days of such denial to appeal same to the Augusta-Richmond County Commission. (e) A transfer fee shall be two-hundred twenty dollars ($220.00). (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Public Service Committee Meeting 1/29/2019 1:00 PM Transfer of Adult Entertainment Permit Department:Planning & Development Presenter:Rob Sherman Caption:Transfer of Adult Entertainment Permit: request approval to amend the Augusta, Georgia Code, Title 6, Chapter 1, Section 6-1-15, so as to provide conditions under which an adult entertainment permit may be transferred. Background:The referenced ordinance section does not allow an adult entertainment permit to be sold, transferred or assigned by a permittee. It does provide that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit. Analysis:There are two adult entertainment establishments in the Central Business District owned by the same person. The current ordinance does not allow for the transfer of the permit if the owner dies and there is not a partner on the permit. The Alcohol Ordinance provides that in case of the death of any person holding such a license, or any interest therein, the same may be transferred to the administrator, executor, or the lawful heirs of the deceased person, if otherwise qualified…. The proposed amendment allows for similar language as the Alcohol Ordinance, that is in case of the death of any person holding such a permit, or any interest therein, the same may be transferred to the administrator, executor, or the lawful heirs of the deceased person, if otherwise qualified. Financial Impact:The proposed Adult Entertainment Permit Transfer Fee: $220.00 Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 1/29/2019 1:00 PM Augusta Public Transit Department: Presenter:Commissioner Marion Williams Caption:Discuss the Augusta Public Transit System. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 1/29/2019 1:00 PM Design Approval for Digital Display Message Boards Department:Recreation and Parks Presenter:Glenn Parker Caption:Motion to approve the design work for four LED Digital Display Message Boards (Bid Item 18-204, approved 8/21/2018). Background:The Commission has approved the award of Bid Item 18-204, LED Digital Display Message Board to AAA Sign Co. on August 21, 2018. AAA has worked with the Recreation and Parks Department to create the designs for the four Display Message Boards. Four Digital Display Message Boards have been designed, one each for the Augusta Aquatics Center, Diamond Lakes Regional Park, the Augusta Municipal Golf Course and Newman Tennis Center. These message boards will be placed at the entrance of all four location. Analysis:The design work incorporates visual requirements such as good visibility and visual clarity with the current logo colors and layout. Standardizing our Recreation and Parks “look” supports our branding efforts and helps with market visibility. Financial Impact:No impact; On August 21, 2018 Bid Item 18-204 was awarded to AAA Sign Company in the amount of $141,435 and the design work was included in the bid package. This motion is to approve the designs only. Alternatives:1. To Approve the four designs of the LED Digital Display Message Boards and proceed. 2. To modify/deny the four designs of the LED Digital Display Message Boards and request additional designs. Recommendation:1. To Approve the four designs of the LED Digital Display Message Boards and proceed. N/A (Purchase Order #P358924) Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - ll8l20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Davis, Chairman; Hasan, Vice Chairman; Clarke and Fennoy, members. PUBLIC SERVICES 1. A motion to renew the Sec. 531 I Rural Transit grant application between the ltem Georgia Department of Transportation (GDOT) and August4 Georgia for July Action: 1,2019 to June 30,2020. Approved Motions ryJ:"' Motion Text Made By Seconded By Motion to ^ aDDrove.APProve vtotion passes 4-0. Commissioner Commissioner Ben Hasan William Fennoy Passes Motion Result Motion Result Passes New Location: A.N. 19-01: A request by Anita Jones for a retail package Item Beer & Wine License to be used in connection with Masters Food Mart Action: located at 2443 Peach Orchard Rd. District 2. Super District 9. Approved Motions Motion Motion Textrype Motion to, aDDrove.APProve votion passes 4-0. Seconded By Commissioner William Fennoy Made By Commissioner Ben Hasan 3. New Application: A.N. 19-02: A request by Jeremy premise consumption Wine License to be used in Underground located at 144 8th Street. Lafontaine for an on ltem connection with Joe's Action: Approved Motions Motion Type Approve Motions Motion Type Approve Motion Text Motion to approve. Motion Passes 4-0. Made By Seconded By Motion Result Passes Motion Result Motion Result Passes Motion Text Made By Seconded By Motion toapprove. Commissioner Commissioner Motion Passes Ben Hasan William Fennoy 4-0. 4. Motion to approve the Fire Fighter Physicals Contract with University Health Item for the Augusta Regional Airport. This is an amendment to the Augusta Action: Richmond County Contract for fire fighter physicals (RFP 17-196). Approved Commissioner Commissioner william Fennoy Ben Hasan Passes 5.Motion to approve the minutes of the Public Services Committee held on Item December I l, 2018. Action: Approved Motions Motion Type Approve 4-0. 6. Provide an update on the inspection of Ms. Yvonne Murphy's apartment at Georgian Place Apartments and include a report from the Board of Health. Motions Item Action: Approved Motion Text Made By Seconded By Motion to approve. Commissioner Commissioner Motion Passes Ben Hasan William Fennoy Motion Text Made By Seconded By Motion Type Motion to approve receiving this item as information and Approve bringing back an established report in 30 Commissioner William Passes Fennoy Motion Result days. Motion Passes 4-0. 7. A motion to approve a contract amendment with Reeves Young LLC for Item Construction Project Management Services for Augusta's Transit Operation Action: and Maintenance Facility project. Approved Commissioner Ben Hasan Made By seconded By HXil Motion to approve the item as presented and ask the Administrator to come back in 90 days. Commissioner CommissionerApprove wrth a recommendatron ;^-.;;^^-_^-- -- , , --;; _;_ --^ Passes ^iot how to proceed n Ben Hasan John Clarke forward in terms of a project management plan. Motion Passes 4-0. 8. A motion to approve a contract amendment with SKANSKA USA Building Item Inc. for Construction Project Management Services for Augusta's Transit Action: Operation and Maintenance Facility project. Approved Motions Motion Motion Textr ype Motions Motion Type Approve Motion Text Motion to approve the item as presented and ask the Administrator to come back in 90 days with a recommendation as to how to proceed forward in terms of a Made By seconded By Hiil Commissioner Commissioner Passes Ben Hasan John Clarke project management plan. Motion Passes 4-0. 9. A motion to approve an amendment to increase the value of the Architectural ltem and Engineering services contract with Wendel Companies dated March 25, Action: 2013 for the Design of a Transit Operation and Maintenance Facility for Approved Augusta, Georgia. Motions Motion Motion:"-^"" Motion Text Made By Seconded ByType Result Motion to approve the item as presented and ask the Administrator to come back in 90 days ^Approve Xti:trf,#::S3;'", ;:il#:il*' ;J*ilI',T#J" passes forward in terms of a proj ect management plan. Motion Passes 4-0. 10. Discuss authorizing the Planning & Development and Legal Department to Item research the steps necessary to change the City's alcohol ordinance to allow Action: Augusta & Co. to serve free samples of local products to visitors and locals. Approved (Requested by Commissioner Mary Davis) Motions []i:I' Motion Text Made By Seconded By Ht#rype Motion to approve authorizing the Approve research to change commissioner commissioner Lt ,! Ben Hasan william Fennoy Passes Ine orolnance. Motion Passes 4-0. www.auqustaqa.qov Public Service Committee Meeting 1/29/2019 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on January 8, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: