HomeMy WebLinkAbout2022-11-29-Meeting Minutes Public Service Committee Meeting Commission Chamber - 11/29/2022
ATTENDANCE:
Present: Hons. Frantom, Chairman; Johnson, Vice Chairman; Clarke, member.
Absent: Hons. Hardie Davis, Jr., Mayor; Mason, member.
PUBLIC SERVICES
1. New Location: A.N. 22-77: A request by Karthik Kumar Allatti for retail package Beer & Wine
License to be used in connection with Lotto Market located at 2228 Rosier Rd. Ste F. District 6. 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 Jordan Johnson Commissioner John Clarke Passes
2. New Ownership: A.N. 22-78: A request by Amankumar Patel for a retail package Beer & Wine License
to be used in connection with Lucky Lotto located at 1902 Windsor Spring Rd. District 6. 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 Jordan Johnson Commissioner John Clarke Passes
3. Existing Location: A.N. 22-79: A request by Kevin Goldsmith for a retail package Beer & Wine License
to be used in connection with Polipo located at 3629 Walton Way Ext. Ste A. The applicant is also
requesting an Extension due to construction and permitting issues. District 7. 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 Jordan Johnson Commissioner John Clarke Passes
4. Motion to approve FY2023-FY2028 Aeronautical Radio, Inc. (ARINC) Lease Agreement. Approved by
the Augusta Aviation Commission on October 26, 2022.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
5. Motion to approve FY2023-FY2028 SITA Information Network Computing USA Inc. (SITA) Lease
Agreement. Approved by the Augusta Aviation Commission on October 26, 2022.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
6. Motion to approve the minutes of the Public Services Committee held on November 8, 2022.Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
7. A motion to approve the purchase of four (4) Paratransit Cutaway Vehicles from Creative Bus Sales of
College Park Georgia.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
8. Motion to approve the annual application to the Federal Transit Administration (FTA) for Section 5303
funds in FY 2024.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
9. Per the Augusta Commission on November 1, 2022, Planning and Development was to review applicable
County Codes and Ordinances regarding potential updates to the Adult Entertainment requirements.
Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve.
Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes
www.augustaga.gov
Public Service Committee Meeting
11/29/2022 1:00 PM
Attendance 11/29/22
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
Case Number: A.N.22-77
Application Type: Retail Package Beer & Wine
Business Name: Lotto Market
Hearing Date: November 29,2022
Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager
Applicant: Korthik Kumar Allati
Property Owner: Dekalb Realty Holding LLC
Address of Property: 2228 Rosier RD Ste F
Tax Parcel #: 121-0-151-01-0
Commission District: District: 6 Super District: 10
Background: New Location
ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public
recreation areas.
o Zoning: B-2 (General Business) Zone
o Distance Requirements: The proposed location for retail package Beer & Wine meets the
minimum distance location to churches, schools, libraries, and public recreation areas.
ADDITIONAL CONSI DERAT!ONS:
o Reputation, character. The applicant's reputation, character, trade and business associations or
past business ventures, mental and physical capacity to conduct business.
o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell
alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to
such business.
o Manner of conducting prior liquor business. lf 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.
o 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 surrounding
property values.
o The proposed location is a New Location.o Number of licenses in a trading area. The number of licenses already granted for similar
business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permltted upon the premise for which the license is sought and the
applicant has previously permitted dancing upon the 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.
o Previous revocation of ticense. lf 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 licenses suspended or revoked. payment of taxes. lf the
applicant and business are not delinquent in the payment of any local taxes.r 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.
o 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.
o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring
within the preceding twelve (12) months, which was based on the qualifications of the proposed
location.
FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5G65.00.
RECOMMENDATION:
The Planning & Development 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
a pplicant's statements.
Note: The staff report includes the information available approximately two weeks prior to the Public
Services Committee meeting. lt represents an evaluation of the facts presented by the applicant,
research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning
Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves
the right to make an oral recommendation at the hearing based on all the information available at that
time.
Augusta-Richmond CountY
l815 Marvin Griffin Road
Augusta, GA 30906
ALCOHOL BEVERAGE APPLICATION
t.
2.
3.
4.
5.
Alcohol Number
Applicant Name and Address:
Applicant Social Security #
8.
9.
10.
n.
t2.
r3.
14.
16.Have you ever applied for an Alcohol Beverage License before:
Name of Business Lotto Market, LLC DBA : Lotto Market
Business Address 2228 Rosier Rd. Suite F'
city Augusta
-
State Geor:gia. zip 30906
Business Phone (-) Home Phone (404 )
year
-
Alcohor Account Number /oru ' y'/
Karthik Krrmar Allati
4720 Laural Oak Dr
Hephzibah, GA. 30815
D.O.B.6.
7.lf Application is a transfer, list previous Appllcant:
Business Location: Map & Parcel Zoning
Location Manager(s)K:rrthik Krrmar Allati
Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?
(X)Yes ( )No
OWNERSHIP INFORMATION
Corporation (if applicable): Date Chartered: 091292A22
Mailing Address:
Name of Business
Attention
Address
Lotto Market
Karthik K. Allati
472O Laural Oak Dr
Cit-v/State/Zip Heohzibah GA 30815
Ownership Type: (;) Corporition ( ) Partnership ( ) Individual
Corporate Name: Lotto Market, LLC
Lisfname and other required information for each person having interest in this business.
15. What type of business will you operate in this location?
( ) Restaurant ( ) Lounge (X) Convenience Store
( )PackageStore ( )Other:
Total License Fee: $-
Prorated License f".' (att". luty t bNt-y) $
Ifso, give year ofapplication and its disposition:
Narne Ponlfian ssNo#Addr.e$s Ir*€rcst
Karthik Kumar Allati Member-OwneI
-t
4720 Laval Oak Dr.100o/o
Heohzibah. GA. 30815
Licenss Inforno*ign Lisuor Beer Wine Danoe Sundav Sales
Retail Package Dealer x x
Consumotion on Premises
Wholesale
17.@iaandAugusta-RichmondCountylawsregardingMf|.9
alcoholic beverages? (X) Y"t ( ) No If so, please initial' 9FI/
18.Attach a passport-size photograph
(front view) taken within two years.
Write name on back of the dealer
submitting the license application.
Has any liquor business in which you hold, or have held, any financial interest, or are
employed, or have been employed, ever been cited for any violation of the rules and
regulations of Richmond County or the State Revenue Commission relating to the sale
and distribution of distilled spirits? ( ) Yes (X) No
If yes, give full details:
Have you ever been arrested, or held by Federal, State, or other law-enforcement
authorities, for any violation of any Federal, State, County or Municipal law, regulation
or ordinance? (Do not include traffic violations, with the exception of any offenses
pertaining to alcohol or drugs.) All other charges must be included, even if they are
dismissed. ( ) Yes (X) No
lfyes, give reason charged or held, date and place where charged and its disposition.
21. List owner or owners of building and property.
Sherman And Hemstreet. lnc. - Ayaz Ali
List the name and other required information for each person, firm or corporation having
any interest in the business.
Karthik K. Allati 100 % Owner
Ifa new application, attach a surveyor's plat and state the straight line distance from the
property line of school, church, library, or public recreation area to the wall of the
building where alcohol beverages are sold.
A.) Church
B.) Library
C.) School
D.) Public Recreation
24.
25.
State of Georgia, Augusta-Richmond County, I, Karthik Kumar Allati
Do solemnly swear, subject to the penalties of false swearing, that the statements and
answers made by me as the
true.
I hereby certi! that Karthik Kumar Allati is personally known to S:-{
that heTshe sigaed his/her name to the foregoing application stating to me that hdlhD
knew and understood all statements and answers made herein, and, under oath actE$
administered by me, has swom that said statements and answers are true.
2022
The Board of Commissioners on the
-
day of
(Approved, Disapproved) the forgoing application.
19.
20.
22.
23.
FOR OFFICE USE ONLY
I)6wtmont
treczinr*lead*iorr
ABprov*Ileny Co.mments
Alcohol Inspector
Sheriff
Fire Inspector
Administrator Date
in the year
-
Public Service Committee Meeting
11/29/2022 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Location: A.N. 22-77: A request by Karthik Kumar Allatti for retail
package Beer & Wine License to be used in connection with Lotto Market
located at 2228 Rosier Rd. Ste F. District 6. Super District 10.
Background:This is a New Location.
Analysis:The applicant meets the requirements of the City of Augusta's Alcohol
Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:The Planning & Development 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:
Finance.
Law.
Administrator.
Clerk of Commission
PLANNING & DEVELOPMENT DEPARTMENT
STAFF REPORT
Case Number: A.N. 22-78
Application Type: Retail Package Beer & Wine
Business Name: Lucky Lotto
Hearing Date: November 29,2022
Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager
Applicant: Amankumar Potel
Property Owner: 706 Augusta lnvestment LLC
Address of Property: 1902 Windsor Spring RD
Tax Parcel #: 110-4-160-01-0
Commission District: District: 6 Super District: 10
Background: New Ownership
ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public
recreation areas.
o Zoning: B-1- (Neighborhood Business) Zone
o Distance Requirements: The proposed location for retail package Beer & Wine meets the
minimum distance location to churches, schools, libraries, and public recreation areas.
ADDITIONAL CONSI DERAT!ONS:
o Reputation, character. The applicant's reputation, character, trade and business associations or
past business ventures, mental and physical capacity to conduct business.
o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell
alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to
such business.
o Manner of conducting prior liquor business. lf 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.
. 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 surrounding
property values.
o The proposed location is an Existing Location.o Number of licenses in a trading area. The number of licenses already granted for similar
business in the trading area of the place for which the license is sought.o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the
applicant has previously permitted dancing upon the 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.
o Previous revocation of license. lf 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 licenses suspended or revoked. Payment of taxes. lf the
applicant and business are not delinquent in the payment of any local taxes.I 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.
o 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.o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring
within the preceding twelve (12) months, which was based on the qualifications of the proposed
location.
FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00.
RECOMMENDATION:
The Planning & Development 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
a pplica nt's statements.
Note: The staff report includes the information available approximately two weeks prior to the Public
Services Committee meeting. lt represents an evaluation of the facts presented by the applicant,
research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning
Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves
the right to make an oral recommendation at the hearing based on all the information available at that
time.
6.
7.
8.
9.
10.
Augusta-Richmond ClountY
l8l5 Marvin Grillin Road
Alrgusta, GA 30906
ALCOHOL BEYER{GE APPLIC.{TION
Alcohol Number Year Alcohol Account Nuutber
L Nante of Bttstttess
l. Business Address
-_r. Citvl. Business ehone t]9C) - r--5. Applicant Nanre aud Adoress:
Applicant Social Securiry n - l
IlApplicatiou is a trattsfer. list previorts Applicant:
Busuress Location: \Iap & Parcel I l0 -l
Location \{anager(s} -U5f3-av ..--
Is .{,pplicant an Alterican Citizen or Aiien lau,fullY admined for pemtanent residency?
tll'es ()No
O\\'NERSHIPINFOR}IATION I
Corporation(if applicable;: Date('hartet.A,
--
'? | tl I Z-0L?-
l\{ailing Address:
Name of Business
ffi
l-1.
ll.
('ity State Zip ,
On'nerslrip Type: t t {Cc
\Vhat t!'pe of business u'ill 1'ou operate in this locagon?
( ) Restartraut ( ) Lounge (tzf Convenience Store
( ) Package Store ( ) Other:
-
i C'onsurnption ou PrertrisesF--+_-=.---| \\'holesale
D.O.B.
n n€.rc.i c-f Lot
11.
12.
Total License Fee:
Prorated License Fee: (Atter Jul-v I ONLYI S
I6. Have -vou ever appiiecl tbr an Alcohol Beverage License betbre:
If so. give 1''ear of application and its disposition:
17. Ar;,""u t'*rifurr "'ttl, G.Prg1. ild eugrtrr-R"lrr"nd Cooty f"* 'tgutau'-d
tJ"Jil;f
alco[rolic beverages? f r-es ( ] No If so' please inittal' {bf
Retail Package Dealer
18. Attach a passport-size photograph
(tic.rnt vieu') takeu u'itliln t\\'o vears.
\Vrite name on back of the dealer
subnitting the Iicense application.
19. Has any liquor business in u'hich y'ou hold. or have held. any financial interest. or are
ernployed. or have been eurplo-ved. ever been cited lbr an1' violation of the ruies and
regrlations of Riclurond Corurtl' or the Stale Reyanue Coururission relating to the sale
aud distribution of distilled spirits? ( ) Yes ( YNo
20.
Ifyes. give tull details:
nut.-l"u .rii-u..n-a".tt.,t.-;i i;lA hi-FeaeLar. stut-.. or-.xtr.i tar*.enror..m.nt
authorities. for an-y- r'iolation of any Federal. State. County or N{unicipal larv. regulation
or ordinance? (Do not include traltlc violations. rvith the exception of any of'tenses
pertaining to alcohol or drugs.)z All other charges lllust be included. even if they are
disrnissed. { )\-es {t)Ao
Ifyes. give reason charged or held. date aud place rvhere t:harged and its disposition.
:l
a)
l3
List orvner or owners of buildrng and propertv
t ){s".t Jo..l*
List the nanre and other required intbrnmtion for each person. firm or corporation having
anv intelest in the business.- Frr-"\ k ".c.^c ?qj'o I I ooy.
It .-,r.t' uppLic-ot,on. arGct a l,n:er-: ptai;rd st"t. th. -traietrt trne O,rt*.. t'rru tf,.
propefiy lrne of school. church. lihrary. or pubhc recreation area to the rvall of the
burldurg u'here alcohol beverages are sold.
A.) Church C.) School
B.1 Librarl'D.) Public Recreationll. State of Georgia. Augusta-Richmond County. I,
Do soleumll' sn'ear. subjecl to the penalties of lalse sruearirg.that the statemelts and
beverage applicatiou areans\ters made by me as the app
true.
in the ing alcoholic
:5. I hereb-v certifu that
that he'she signed hisrher
knelv and understood all
said staternents and ansrvers are true.
in the .vear
FOR OFFIC]E TTSE ONLYDen.. I Conuuents
Recouuuendation
Alcohol
Sheriti
-J
The Board of ('onurissiorlers oll the _ day of
(Approved. Disapproved ; the tbrgoiug applicatiou.
is personally linou,n to be.
to the foregoing application stating to ure that he.'she
s and ansrvers made herein. and. under oath actually
XTRAN DARJI
'-+let3rYfublic - Statc of Geoqia
Richmond County
nV Co*miition ExPiresJI "'*
Administrator Date
. in the vear
Public Service Committee Meeting
11/29/2022 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Ownership: A.N. 22-78: A request by Amankumar Patel for a retail
package Beer & Wine License to be used in connection with Lucky Lotto
located at 1902 Windsor Spring Rd. District 6. Super District 10.
Background:This is an existing location. Formerly in the name of Kyong Refenberger.
Analysis:The applicant meets the requirements of the City of Augusta's Alcohol
Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $665.00
Alternatives:
Recommendation:The Planning & Development 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:
Finance.
Law.
Administrator.
Clerk of Commission
PI.ANNING & DEVETOPMENT DEPARTMENT
STAFF REPORT
Case Number: A.N.22-79
Application Type: Retail Package Beer & Wine
Business Name: Polipo
Hearing Date: November 29,2022
Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager
Applicant: Kevin Goldsmith
Property Owner: Walton Way Storage, LLC
Address of Propefiz 3629 Walton Way Ext. Ste A
Tax Parcel #: 023-0-261-00-0
Commission District: District:7 Super District: 10
Background: Existing Location (Adding Retail Package Beer & Wine)
ANAIYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public
recreation areas.
o Zoning: B-2 (General Business)Zone
o Distance Requirements: The proposed location for retail package Beer & Wine meets the
minimum distance location to churches, schools, libraries, and public recreation areas.
ADDITIONAI CONS! DERATIONS:
o Reputation, character. The applicant's reputation, character, trade and business associations or
past business ventures, mental and physical capacity to conduct business.o Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell
alcoholic liquors, whether or not he has violated any laws, regulations or ordinance relating to
such business.
o Manner of conducting prior liquor business. lf 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.
. 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 surrounding
property values.
o The proposed location is an Existing Location.
o Number of licenses in a trading area. The number of licenses already granted for similar
business in the trading area of the place for which the license is sought.
o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the
applicant has previously permitted dancing upon the 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.
o Previous revocation of license. lf 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 licenses suspended or revoked. Payment of taxes. lf the
applicant and business are not delinquent in the payment of any local taxes.
. Congregation of minorc. 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.
o 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.
o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring
within the preceding twelve (12) months, which was based on the qualifications of the proposed
location.
FINANCIAI IMPACT: The applicant will pay a pro-rated fee of S00S.OO.
RECOMMENDATION:
The Planning & Development approved the application subject to additional information not
contradicting the applica nt's statements.
The Sheriffs Office approved the application subject to additional information not contradicting
a pplicant's statements.
Note: The staff report includes the information available approximately two weeks prior to the Public
Services Committee meeting. lt represents an evaluation of the facts presented by the applicant,
research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning
Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves
the right to make an oral recommendation at the hearing based on all the information available at that
time.
Augusta-Richmond CountY
1815 Marvin Griffrn Road
Augusta, GA 30906
ALCOHOL BEVERAGE APPLICATION
Year Alcohol Account NumberAlcoholNumber
Name of Business
Business Address
Polipo, LLCl.
2.
3.
4.
5.
6.
7.
8.
9.
City Augusta State uA
Business Phone (-706 ) Home Phone (-J
Applioant Name and Adrtres: devin Goldsmith
3025 Park Ave
zip
Aususta. GA 30909
Applicant Socid SecuritY # -D.O.B.
If Application is a tansfer, list previous Applicant:
@l 023-G261-oo-o Zotue
Location Manage(s)Christopher Linehan
10. Is Applicant an American Cifizenor Alien lawfully admitted for permanent residency?
(x)Yes ( )No
OWNERSIilP INTORMATION
Corporation (if applicable): Date Chartcred: 10125121
Mailing Ad&ess:
Name of Business PoliPo' LLC
Attention
Address
CrtylStfislZiP
Ownership Type:: (x ( )ParrrcrshiP ( )Individual
Cormrate Narne: -List nane and other information for each person having interest in this business.
lvhat type of business will you operate inthis location?
1x;neitaurant ( )Lounge ( )ConvenienceStore
ll.
12.
13.
14.
15.
16, Have you ever applied for an Alcohol Beverage Licen-se be-fore: ,, Y,€t , , .
if ro, gir" year of applicaion and its disposition: 2fi)5 - Currentlv Active. Takosushi Inc.
Ksvin Goldsmi
POBox ltz
( )PackageStore ( )Other:
License Informaion :*'ot
Beer Wine Dance Sundev Sales
Raail Package Dealer _x-_x
Consumotion on Premises
Wholesale
Total License Fee: $
Prorated License Fee:(AfterJuly I ONLY) $-
Name Position ssNo#Address Interest
Kevin Gold.smith Oqm€r 3025 PartAve l0/Jf/o
Aucsuta. GA 30909
17.hmond CountY t"Y: f.g,td+g $: sale of
alcofiolic beverages? (x) Yes ( ) No If so, please initid' < 6
18.Attach a passport-size photograph
(fiont view) taken within two yea$.
Write name on back of the dealer
submitting the license application.
Has any liquor business in which you hold, or have held,
+
#:,*{
19.any financial interest or are
employe{ or have been errploye{ ever been cited for any violation of the rules and
regulations of Richmond County or the Stde Revenue Commission relcing to the sale
and disribution ofdistilled spirits? (X) Yes ( ) No
If yes, give full dctails: Mini bottles of vodka were insidc a scalcd casc of vodka whcn dclivercd
by distribulon lVc had no knoq,lcdgc of thc "gfi: insidc thc box from rhc distillcr. The mini botrlcs wcrc
-lcft
ir tti bar arca rmopcno4 but aot rcmovcd &otrt prcmisc
20.Have you ever been aneste{ or held by Federal, State, or other law-cnforcement
authorities, for any violation of any Federal, Statc, County or Municipal laq regulation
or ordinance? (Do not include taffic violations, with the exception of any offenses
pertaining to alcohol or &ugS.) All other charges must be included, wen if they are
dismissed. ( )Yes (x)No
Ifyes, give reason charged or hel4 date and place where charged and its disposition.
List owner or owners of building and property.
Walton lVay Storage, LLC
List ttre name md other required information for each perso& firrt or corporation having
any interest in the business.
N/A
23. If a new application, attach a surveyor's plat and state ffre straiglrt line disance from the
property line of school, church, library, or public recreation arca to the wall of the
building where afcohol beverages are sold.
C.) School Q..lrln'A.) Church 2,12O'
21.
22.
s.i Liu..y --fq^C. D) Publicnecieation -9;tt"S'
State of Georgia, hugusta-Richmond County, I, @
Do solemnly swear, subject to the penalties of false swearing that the statements and
affiwers made by me as the applicant in the beverage applicdion are
tue.
25.I hereby c€rtiry that is personally known to be,
that he/she signed his/her nanre to the foregoing application stating to me that he/she
knew and understood all statements and answers made herein, an4 under oath actually
administered by me, hasThis t day of
The Board of Commissioners on the
-
day of
(Approved, Disapproved) the forgoing application.
ir tha rraar
Administrator Date
\l
November 1,2A22
Julietta Watson,
Polipo was granted an alcohol license in March of 2}22,in the hopes it would be open in April2022. However due to constuction delays and permitting issues we have been unable to
com$ete *te ploieci as of today. We are ctrnen*y in & works of getting our proied moving
along to be open within the 2A22 calendar year.
Kevin Goldsmith
Polipo, LLC
3629 Walton Way Extension
Augusta, GA 30909
Public Service Committee Meeting
11/29/2022 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:Existing Location: A.N. 22-79: A request by Kevin Goldsmith for a retail
package Beer & Wine License to be used in connection with Polipo
located at 3629 Walton Way Ext. Ste A. The applicant is also requesting
an Extension due to construction and permitting issues. District 7. Super
District 10.
Background:This is an existing location.
Analysis:The applicant meets the requirements of the City of Augusta's Alcohol
Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:The Planning & Development 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:
Finance.
Law.
Administrator.
Clerk of Commission
ARINC Lease Agreement Page 1 of 13
AUGUSTA REGIONAL AIRPORT AT BUSH FIELD
STATE OF GEORGIA
COUNTY OF RICHMOND
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this _____ day of
_______________, 2023 by and between, AUGUSTA GEORGIA, a political subdivision
of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION whose
address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia
30906-9600, hereinafter called "Lessor" and AERONAUTICAL RADIO, INC. (ARINC),
(a Delaware Corporation), whose address is 2551 Riva Road, Annapolis, Maryland 21401,
hereinafter called "Lessee".
In and for the promises and mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties intending to be legally bound do agree as
follows:
1. Premises: Lessor does hereby lease and the Lessee, for its exclusive use, does
hereby lease from Lessor:
1.1 Space to install an equipment cabinet (42 inches x 42 inches x 48 inches)
in the Air Cargo building attic located at 1502 Aviation Blvd., Augusta,
Georgia.
1.2 Space for mounting equipment antenna on the Air Cargo Building roof.
Lessor will approve antenna installation prior to installation. Lessee will
obtain any required permits or licenses required for the operation of its
equipment.
1.3 Lessee shall provide at its expense any required additional communications
i.e., telephone lines or other requirement to make system operational.
1.4 Lessee shall provide notice to Lessor of its need to access the premises and
shall do so during normal business hours of 8 am to 5 pm. Lessee shall not
access the premises unless escorted by Lessor and shall provide proper
identification for such access. If emergency access is required to the
premises, Lessee shall notify the Lessor at (706) 823-4419.
1.5 Lessor and Lessee acknowledge that Lessee currently occupies the premises
for the permitted use pursuant to the prior lease dated June 20, 2017 (the
“prior lease”), which prior lease shall be deemed terminated as of 11:59 pm
on the day preceding the commencement date of this lease.
2. Term: The term of this lease shall be for one (1) year commencing on the above date
and shall automatically renew for four (4) additional one (1) year terms unless earlier
terminated by the parties. In accordance with Georgia law regarding multi-year leases, the
effective date of this Lease shall continue through December 31 of the date of execution.
The lease shall: (i) terminate absolutely and without further obligation on the part of Lessor
ARINC Lease Agreement Page 2 of 13
each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless
terminated earlier in accordance with the termination provisions in this Article of this Lease:
(ii) automatically renew on each January 1st, unless terminated in accordance with the
termination provisions of this Lease; and (iii) terminate absolutely, with no further renewals,
on December 31, 2028, unless extended by written amendment. The Lease Term may be
extended only by written renewal approved by the Augusta Aviation Commission, Augusta,
Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the
Lessee in accordance with the terms of this Lease.
3. Rental Fee: As rental for the premises identified in paragraph 1 above, Lessee agrees
to pay Lessor the sum of three thousand dollars ($3,500.00) per year with increase of 3%
per annum. Rent shall be paid monthly in advance no later than the tenth day of each month
for which rental is due to Lessor at the herein above address. Rental fee shall be paid in
United States currency. Any rental fee paid by Lessee under the prior lease for any period
after the termination date of the prior lease shall be credited by Lessor to the account of this
lease.
4. Security Deposit. N/A for this Lease renewal.
5. Interest; Attorney’s Fees. Any rental payment or other payment required to be paid
by Lessee hereunder, if not paid within ten (10) days of the due date, shall bear interest
from the date the same became due until the date payment is received by Lessor at the rate
of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other
payment required to be paid by Lessee hereunder and the same is collected through the
services of an attorney at law, Lessee shall pay to Lessor attorney’s fees and all reasonable
expenses of the litigation.
6. Utilities. Utilities are to be paid by Lessee. Lessor has included the cost of utilities
in the annual rental fee.
7. Fee Adjustment. It is understood and agreed that the foregoing rental fee and utility
fee are subject to annual adjustment and as set forth in Paragraph 3 above, shall increase by
three percent (3%) on each anniversary of the commencement date during the term.
8. Use of Premises.
8.1 Lessee. provides Aircraft Communications Automatic Reporting Systems
(ACARS) information for ground and enroute users. Typically, information
is passed from the aircraft to the ARINC equipment and then it is passed on
to the user. ARINC has requested to locate their receiver transmitter and
associated equipment at Augusta Regional Airport.
8.2 Lessee’s occupancy and use of the Premises herein leased shall at all times
be conducted in such a manner as not to create a hazard or limit the use of
the Airport by others.
8.3 Preventive maintenance, routine servicing, and minor repairs to Lessee's
equipment may be performed within the Leased Premises.
8.4 In connection with the exercise of its rights under this Lease, Lessee shall
not:
ARINC Lease Agreement Page 3 of 13
8.4.1 Do or permit its agents, employees, directors, or officers to do
anything on or about the Airport that may interfere with the
effectiveness or accessibility of the drainage and sewage system,
electrical system, air conditioning system, fire protection system,
sprinkler system, alarm system, and fire hydrants and hoses, if any,
installed or located on or within the premises of the Airport.
8.4.2 Bring, keep or store, at any time, flammable or combustible liquids
on the premises, except in storage containers especially constructed
for such purposes in accordance with federal, state, and county laws,
including the Uniform Fire Code and the Uniform Building Code.
For the purposes of this Lease, flammable or combustible liquids
shall have the same definitions as set forth in the most recent
Uniform Fire Code.
8.5 At all times throughout the term of this Lease, as may be extended, Lessee’s
use of the Premises shall be in compliance with all applicable rules,
regulations and laws of the United States of America, including, by way of
example only, the rules of the Federal Aviation Administration, the State of
Georgia, all local authorities having proper jurisdiction over the Premises
and Lessor.
8.6 It is understood and agreed that should Lessor, or the Federal Aviation
Administration ("FAA") determine that a portion of the Premises is not
being used by Lessee to fulfill a legitimate aviation need, and Lessee is
unwilling or unable within twelve (12) months from date of written
notification to use the Premises or portion of the Premises for an aviation
need, then Lessee shall relinquish immediately the Premises or the unused
portion of the Premises to Lessor with no remuneration.
8.7 Failure by Lessee to comply with any of the terms and conditions of this
Lease shall constitute an Event of Default (as hereinafter defined).
9. Inspection by Lessor. Lessor, its authorized officers, employees, agents or
representatives shall have the right to enter upon the premises to make inspections during
regular business hours when a representative of the Lessee is present, or at any time in case
of emergency and/or to determine whether Lessee has complied with and is complying with
the terms and conditions of this Lease; provided, however, that said inspection shall in no
event unduly disrupt or interfere with the operation of the Lessee.
10. Title to Equipment and Improvements. It is mutually understood and agreed that
title to the Leased Premises, and all the buildings and structures and all other improvements
of a permanent character that may be built upon the Leased Premises by the Lessee during
the term of this Lease pursuant to the approval and consent of Lessor shall remain the
property of the Lessor and that fee simple title to the same shall be vested in Lessor.
Equipment, furnishings and trade equipment shall remain the property of the Lessee and
shall be removed no later than the expiration of the term or any renewal. Lessee shall repair
and restore or reimburse Lessor to repair and restore any damage to the Leased Premises
occasioned by such removal. If at the expiration of said lease, such equipment, furnishings
and trade equipment have not been removed from the Leased Premises, same shall become
the property of Lessor.
11. Maintenance of Premises.
ARINC Lease Agreement Page 4 of 13
11.1 Lessee acknowledges and agrees that throughout the Initial Lease Term and
any extension, it shall be Lessee’s responsibility to keep and maintain the
Premises and every part or portion thereof neat and clean, in good order, and
in compliance with all applicable rules, regulations and laws of the United
States of America, the State of Georgia, the Lessor and all local authorities
having proper jurisdiction over the Premises and Lessor.
11.2 Lessee shall be liable for any and all damage to the Premises caused by
Lessee, its employees, agents, licensees, guests, or invitees. Any damage to
the Premises caused by or resulting from any act or omission of Lessee, its
employees, agents, licensees, guests, or invitees, including, by way of
example, any failure to comply with the provisions of this Lease, or any
commission of negligence on the part of Lessee or any of its employees,
agents, licensees, guests, or invitees, shall be remedied by Lessee at its sole
cost and expense.
12. Janitorial Services. N/A.
13. Security.
13.1 Lessee is responsible for safely securing its equipment on the Premises, in
compliance with all applicable rules, regulations and laws of the United
States of America, including the rules of the Federal Aviation
Administration, the State of Georgia, the Lessor, and all local authorities
having proper jurisdiction over the Premises.
13.2 Lessee acknowledges that the Premises does not have manned security, and
does hereby indemnify and hold harmless Lessor for any damage or theft of
Lessee’s property located in the Premises unless such damage is directly due
to the gross negligence of Lessor.
13.3 Storage by Lessee of Lessee’s personal property or the personal property of
any of Lessee’s employees, agents, licensees, guests, or invitees, in or about
the Premises shall be done at Lessee’s sole risk and Lessor shall not be
responsible in any way for any damage to, or any loss of any such personal
property stored in or about the Premises.
14. Operational Requirements and Procedures. The following Rules and Regulations
and Standard Operating Procedures govern the operation of all Lessee operations at the
Airport including, without limitation, restricted areas and roadways:
14.1 All Persons shall comply with the provision of the Rules Governing Use of
the Augusta Regional Airport, and the Rules and Regulation pertaining to
Vehicle/ Pedestrian Operations on the Airfield, and the Airport Security
program, which are incorporated by reference into the Lease as if fully set
forth herein.
14.2 Vehicle and Aircraft Operators shall comply with all applicable Federal,
State, and County laws and Ordinances; orders, signals, and directives given
by the Executive Director, Law Enforcement Officials, Airport
Representative, and traffic control devices.
14.3 No person shall solicit business at the Airport or conduct any other type
business at the Airport.
ARINC Lease Agreement Page 5 of 13
14.4 No pictures, advertisements, or solicitation flyers shall be posted on the
Airport premises.
14.5 Lessee shall keep all doors and gates providing access to any part of the
restricted area closed and locked at all times. Lessee is responsible for the
security of its leased area and access through its leased doors and gates.
15. Restricted Area Definitions. N/A
16. Airport Badge. N/A
17. Taxes. Lessee shall pay all personal property taxes legally assessed against its
equipment, furniture or other personal property located on the Premises.
18. Assignment and Subleasing. Lessee shall not assign this Lease or any interest
hereunder or permit the use of the Premises by any other person or persons other than
Lessee without prior written consent of Lessor, except that Lessee may assign the Lease to
its parent company or to any affiliate or subsidiary company in good standing which is
majority owned by Lessee or Lessee’s parent. Lessee will notify Lessor in writing of any
such inter-company assignment. Upon any assignment or sublease of the premises by
Lessee to an unrelated third party, Lessor may immediately terminate this Lease.
19. Appurtenant Privileges. To the extent such right is within the control of Lessor,
Lessor shall have the right to occasionally close the Airport with or without advance notice.
Lessor shall not be liable to Lessee in any manner whatsoever for any damages alleged or
actual to person or property related in any way to Airport closures.
20. Rules and Regulations.
20.1 Lessee shall use the Premises and the facilities of the Airport in accordance
with published Airport Rules and Regulations. Said Rules and Regulations
may be examined by Lessee at the office of Augusta Regional Airport
Aviation Services.
20.2 Lessee specifically agrees that its operations shall be conducted in
compliance with all federal, state, and local environmental laws, rules, and
regulations.
20.3 Lessee’s use of the Premises shall comply with all applicable rules,
regulations and laws, including 14 CFR Part 298, of the United States of
America, including the rules of the FAA, the State of Georgia, all local
authorities having proper jurisdiction over the Premises, and Lessor.
20.4 In connection with the exercise of its rights under this Lease, Lessee shall
not:
20.4.1 Do or permit its agents, employees, directors, or officers to do any
act or thing upon the Airport that will invalidate or conflict with any
fire or other casualty insurance policies covering the Airport or any
part thereof.
20.4.2 Do or permit its agents, employees, directors, or officers to do any
act or thing upon the Airport that will jeopardize the Airport's
Operating Certificate.
20.4.3 Do or permit its agents, employees, directors, or officers to do any
act or thing in conflict with the Airport's Security Plan.
ARINC Lease Agreement Page 6 of 13
20.4.4 Use the Premises for any illegal purposes, nor in violation of FAA,
TSA and/or the Airport’s rules or regulations, as amended from time
to time, or any regulation of any other governmental entity.
20.4.5 Use the Premises in any manner that will create any nuisance or
trespass with respect to other tenants; constitute any unreasonable
annoyances, obstruction or interference with operations; or in any
manner interfere with, obstruct, block or violate in any manner, the
navigable airspace above the Airport in compliance with 14 C.F.R.
§ 77.5 and/or other regulations as implemented by the Airport, the
FAA or as may be implemented by the TSA.
20.4.6 Cause or permit any hazardous materials to be placed, stored,
generated, used, released, or disposed of in, on, under, about, or
transported from any Airport premises by Lessee, its agents,
employees, contractors, or other person unless it has complied with
the following: with respect to hazardous materials other than oil,
petroleum products, cleaning products, and/or flammable substances
reasonably necessary in connection with Lessee's aeronautical
activities, the prior written consent of the Airport Executive Director
shall be required, which shall not be withheld unreasonably. The
Aviation Commission may impose, however, as a condition of such
consent, such requirements as the Aviation Commission in its sole
discretion may deem reasonable or desirable, including, without
limiting the generality of the foregoing, requirements as to the
manner in which, the time at which, and the contractor by whom
such work shall be done, and Lessee must comply with all
environmental laws and regulations (including compliance with all
Environmental Protection Agency requirements concerning clean-
up) and with prudent business practices, with respect to such
hazardous materials, and the presence of hazardous materials must
be reasonably necessary for the operation of Lessee’s business.
21. Insurance.
21.1 General Information. Lessee agrees to carry and maintain in force at all
times during the Lease Term, at Lessee’s sole expense, the insurance
described in herein below for itself.
21.2 Lessor reserves the right to amend the insurance requirements imposed by
this Lease by providing thirty (30) days written notice to Lessor. Within
thirty (30) days of the publication by Lessor of any such modifications to
the foregoing insurance requirements, Lessee shall deliver to Lessor
insurance certificates certifying compliance with such modified coverage(s).
21.3 No written amendment of this Lease shall be required to effectuate said
increases in minimum limits.
21.4 Lessee’s insurance company must agree to the hold harmless
indemnification provision of this Lease.
21.5 All insurance required hereunder shall be by companies holding a “General
Policyholders Rating” of A+ or better as set forth in the most current issue
ARINC Lease Agreement Page 7 of 13
of “Best’s Insurance Guide” and shall be issued a company licensed,
qualified and authorized to transact business in the State of Georgia.
21.6 Lessee is required and responsible to ensure that any sub-lessees or
subcontractors maintain same coverage as outlined above, or be covered by
the Lessee’s coverage, subject to prior approval of the Lessor.
21.7 Lessee acknowledges that Lessor is not responsible for any of Lessee’s
insurance premiums.
21.8 The insurance policies for coverage listed in this section shall contain a
provision that written notice of cancellation or any material change in policy
by the insurer shall be delivered to the Lessor no less than thirty (30) days
prior to cancellation or change.
21.9 Proof of Insurance. Lessee shall provide Lessor with an annual Certificate
of Insurance on all required insurance within 10 days upon the effective date
of this Lease and annually upon the effective date thereafter.
21.10 Lessee shall obtain and maintain continuously in effect, at all times during
the term of this Lease, at Lessee’s sole expense, the following insurance:
21.10.1General Liability Insurance. General liability insurance with a
combined single limit of not less than $1,000,000 covering Lessee’s
operations off-Airport premises. The foregoing insurance shall be
endorsed to state that it will be primary to Lessor’s insurance and
that the Lessee waives its right of subrogation against the Aviation
Commission, Augusta-Richmond County, and their officers, agents,
elected and appointed officials, representatives, volunteers, and
employees. The Aviation Commission, Augusta-Richmond County
and their officers, agents, elected and appointed officials shall be
added as additional insureds on said policies. Said policy shall
contain Severability of Interest Clause and Contractual Liability
coverage at least as broad as that given in the most current CG 00 01
ISO form.
21.10.2Workers’ Compensation Insurance. If Lessee has employees, it shall
provide Workers’ Compensation insurance with statutory limits and
employers liability with a limit of $500,000 for employees and
subcontractors entering hangar with limits of liability of not less than
Five Hundred Thousand Dollars ($500,000.00) for each
accident/disease. Such policy (ies) shall be endorsed to state that the
workers’ compensation carrier waives its right of subrogation
against the Aviation Commission, Augusta-Richmond County, and
their officers, agents, elected and appointed officials,
representatives, volunteers, and employees.
21.10.3Automobile Liability Insurance. Lessee shall provide Automobile
Liability insurance with a combined single limit of not less than
$1,000,000 covering Lessee’s automobiles while on and off Airport
premises. Policy must be written on a Symbol 1 basis. However, if
it is determined that Lessee’s automobiles are used on the ramp or
SIDA; Lessee shall provide Automobile Liability with a combined
ARINC Lease Agreement Page 8 of 13
single limit of not less than $5,000,000. The foregoing insurance
shall be endorsed to state that it will be primary to Lessor’s insurance
and that the carrier waives its right of subrogation against the
Aviation Commission and Augusta-Richmond County, and their
officers, agents, elected and appointed officials, representatives,
volunteers, and employees. The Aviation Commission and Augusta-
Richmond County, and their officers, agents, elected and appointed
officials shall be added as additional insureds on said policies. Said
policy shall contain Severability of Interest Clause and Contractual
Liability coverage at least as broad as that given in the most current
CA 00 01 ISO form.
22. Indemnity.
22.1 Lessee shall indemnify and hold harmless the Lessor and the Augusta
Aviation Commission, and their members, officers, elected officials, agents,
servants, employees and successors in office from any and all claims
including reasonable attorney's fees and expenses of litigation incurred by
Lessor in connection therewith related to or arising out of any damage or
injury to property or persons, occurring or allegedly occurring in, on or about
Airport property which are in any way related to or arising out of any failure
of Lessee to perform its obligations hereunder during the period from the
date of this Lease to the end of the Lease Term.
22.2 Lessee further agrees that the foregoing Contract to indemnify and hold
harmless applies to any claims for damage or injury to any individuals
employed or retained by Lessee in connection with any changes, additions,
alterations, modifications and/or improvements made to the Premises, and
hereby releases Lessor from liability in connection with any such claims.
22.3 Lessee shall keep, defend and hold harmless Lessor, and the Aviation
Commission and their respective agents, employees, directors, officers,
guests, licensees and invitees, from and against any and all claims, demands,
suits, judgments, costs and expenses asserted by any person or persons,
including agents or employees of Lessee, by reason of death or injury to
persons or loss or damage to property, resulting from Lessee’s operations
and occupancy of the Premises, or anything done or omitted by Lessee under
this Lease except to the extent that such claims, demands, suits, judgment,
costs and expenses may be directly attributed to any act of negligence on the
part of Lessor or its agents, employees, directors, officers, guests, licensees
and invitees.
23. Hazardous Substances and Spill Prevention, Control and Countermeasure Plan
(SPCC). N/A
24. Airport Development. Lessee understands and agrees that Lessor is the owner of the
Airport and that, as such, Lessor may, at any time, undertake to further develop or
improve the Airport (“Airport Development”), as it sees fit, including, by way of
example, expanding the landing area of the Airport, regardless of the desires or views
of Lessee, and without interference or hindrance there from. In the event that any
Airport Development shall result in making the Premises unusable for Lessee’s
ARINC Lease Agreement Page 9 of 13
intended purposes, this Lease shall be terminable by Lessor or Lessee within ten (10)
days notice.
25. Default. It is understood between the parties hereto that in the event of default by
either of the parties during the term of this Lease agreement, the other party shall have
the right forthwith to give notice thereof to the party in default, same to be in writing,
and if such condition of default is not removed and restored within ten (10) days after
receipt of such notice, then the other party shall forthwith have the option of declaring
this Lease in default and proceed to enforce their rights in accordance with the law.
For purposes of this Section, an "event of default" includes but is not limited to:
25.1 Lessee’s failure to comply with restricted area access procedures.
25.2 Lessee’s failure to make any payment when it becomes due under this Lease,
where such failure continues for ten (10) days after the due date;
25.3 Lessee’s failure to perform, observe and/or comply with any provision of
this Lease, where such failure is not cured within ten (10) days of notice
thereof from Lessor; or
25.4 Lessee’s insolvency or inability to pay its debts as they become due, or
Lessee’s making of an assignment for the benefit of creditors, Lessee’s
application for or consent to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of any of its assets, or Lessee’s filing
of a petition for relief under any bankruptcy, insolvency, reorganization or
similar laws, or the filing of a petition in, or proceeding under, any
bankruptcy, insolvency, reorganization or similar laws against Lessee,
which is not dismissed or fully stayed within ten (10) days after the filing or
institution thereof.
26. Lease Termination.
26.1 Lessor may terminate this Lease in the event of a default or failure to comply
with the terms of this Lease, which is not cured as set forth above, entitled
“Default”. Lessor and Lessee agree that Lessor may terminate this Lease
either in whole or in part. Termination, in whole or in part, shall be effected
by delivery of a Notice of Termination signed by the Airport Executive
Director specifically setting forth the effective date of termination.
26.2 Upon receipt of such Notice, described in subparagraph above, Lessee shall
remove all property from the Airport not later than the effective date of
termination and shall leave the premises in good condition, normal wear and
tear excepted.
26.3 Notwithstanding anything contained herein, either party may terminate this
Lease for any reason whatsoever by giving thirty (30) days written notice to
the other party. In the event said written notice is given, said Lease shall
terminate thirty (30) days from receipt of said written notice by the other
party and neither party shall have any further obligation hereunder to the
other.
27. Non-Discrimination. Notwithstanding any other provision of this Lease, during the
performance of this Lease, Lessee, for itself, its heirs, personal representatives,
ARINC Lease Agreement Page 10 of 13
successors in interest and assigns, as part of the consideration of this Lease does
hereby covenant and agree, as a covenant running with the land, that:
27.1 No person on the grounds of age, race, color, religion, sex or national origin
shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination in the use of the Leased Premises;
27.2 In the construction of any improvements on, over or under the Leased
Premises, and the furnishing of services therein or thereon, no person on the
grounds of age, race, color, religion, sex or national origin shall be excluded
from participation in, or denied the benefits of, such activities, or otherwise
be subjected to discrimination.
28. C.F.R. Part 21. Lessee shall use the Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations
(“C.F.R.”), Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended.
28.1 In the event of breach of any of the above nondiscrimination covenants,
Lessor shall have the right to terminate this Lease and to reenter and
repossess the Premises and hold the same as if said Lease had never been
made or issued. This provision does not become effective until the
procedures of 49 C.F.R. Part 21 have been followed and completed
including expiration of appeal rights.
28.2 Lessee assures that it will undertake an affirmative action program, as
required by 14 C.F.R. Part 152, Sub-part E, to ensure that no person shall,
on the grounds of age, race, creed, color, national origin, or sex, be excluded
from participating in any employment, contracting or leasing activities
covered in 14 C.F.R. Part 152, Sub-part E. Lessee assures that no person
shall be excluded, on these grounds, from participating in or receiving the
services or benefits of any program or activity covered by Sub-part.
28.3 Lessee assures that it will required that its covered organizations provide
assurance to the Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their sub-organizations,
as required by 14 C.F.R. Part 152, Sub-part E, to the same effect.
28.4 Lessee agrees to comply with any affirmative action plan or steps for equal
employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by
any federal, state, or local agency or court, including those resulting from a
conciliation agreement, a consent decree, court order, or similar mechanism.
Lessee agrees to obtain a similar assurance from its covered organizations,
and to cause them to require a similar assurance of their covered sub-
organizations, as required by 14 C.F.R. Part 152, Sub-part E.
29 Requirements of the United States. This Lease shall be subject and subordinate to the
provisions of any existing or future agreement between Lessor and the United States,
or any agency thereof, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of the Airport;
ARINC Lease Agreement Page 11 of 13
provided, however, that Lessor shall, to the extent permitted by law, use its best efforts
to cause any such agreements to include provisions protecting and preserving the
rights of Lessee in and to the Premises, and to compensation for the taking thereof,
interference therewith and damage thereto, caused by such agreement or by actions
of Lessor or the United States pursuant thereto.
30 Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee, so
long as it shall pay the rentals herein stipulated and shall perform the duties and
obligations herein agreed to be performed by it, shall peaceably and quietly have, hold
and occupy and shall have the exclusive use and enjoyment of the Leased Premises
during the term of this Lease and any extensions thereof. Lessee and its employees
shall have full right of ingress and egress to the Leased Premises at the times set forth
in Section 1.4 and without charge, toll or fee.
31 Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns; provided, however, that no one shall have any
benefit or acquire any rights under this Lease pursuant to any conveyance, transfer,
or assignment in violation of any of its provisions.
32 Open Records. The Lessee acknowledges that all records relating to this Lease and
the services to be provided under this Lease may be a public record subject to
Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate
fully in responding to such request and making all records, not exempt, available for
inspection and copying as provided by law. Lessee shall notify Lessor immediately
of any request made under the Open Records Act and shall furnish Lessor with a copy
of the request and the response to such request.
33 Governing Law: This Lease shall be governed and interpreted by the laws of the State
of Georgia.
34 Venue. All claims, disputes and other matters in question between the Lessor and the
Lessee arising out of or relating to the Lease, or the breach thereof, shall be decided
in the Superior Court of Richmond County, Georgia. The Lessee, by executing this
Lease, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
35 Entire Agreement. This Lease contains the entire agreement of the parties and no
representations, inducements, promises or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. No failure of either party
to exercise any power given it hereunder, or to insist upon strict compliance by either
party of any obligations hereunder and no custom or practice of the parties at variance
with the terms hereof shall constitute a waiver of either party’s right to demand exact
compliance with the terms hereof. This Lease may only be amended upon writing
signed by both parties.
36 Breach. Subject to Article 25 of this Lease, upon the failure of Lessee to observe or
comply with any of the provisions of this Lease, Lessor may immediately terminate
this Lease and institute such actions necessary to recover the property and evict
Lessee.
37 Notices. All notices, demands, and requests which may or are required to be given by
either Airport or Lessee to the other shall be in writing and shall be deemed to have
ARINC Lease Agreement Page 12 of 13
been properly given when sent postage pre-paid by registered or certified mail (with
return receipt requested) addressed as follows:
If intended for Lessor: If intended for Lessee:
Augusta Aviation Commission AERONAUTICAL RADIO, INC.
1501 Aviation Way 2551 Riva Road
Augusta, GA 30906 Annapolis, Maryland 21401
Attn: Executive Director Attn: Real Estate Dept.
With a copy to:
Augusta General Counsel
Augusta Richmond County Department of Law
535 Telfair St.
Building 3000
Augusta, GA 30901
Fax: (706) 842-5556
Either party may change the address and name of addressee to which subsequent
notices are to be sent by notice to the other given as aforesaid.
38 Miscellaneous Provisions.
38.1 No purported or alleged waiver of any of the provisions of this Lease shall
be valid or effective unless in writing signed by the party against whom it
is sought to be enforced.
38.2 Captions herein are for convenience or reference only and in no way define,
limit or expand the scope or intent of this Lease. Whenever the context
hereof shall so require, the singular shall include the plural, the male gender
shall include the female, and vice versa.
38.3 Counterparts. This Lease may be executed in two or more counterparts, all
of which together shall constitute but one and the same Lease. In the event
that one or more of the provisions hereof shall be held to be illegal, invalid
or enforceable, such provisions shall be deemed severable and the remaining
provisions hereof shall continue in full force and effect.
38.4 Nothing contained in this Lease shall be construed to be a waiver of the
County’s sovereign immunity.
38.5 It is specifically agreed between the parties executing this Lease that it is not
intended by any of the provisions of this Lease to create in the public or any
member thereof, third party beneficiary status in connection with the
performance of the obligations herein.
38.6 Nothing contained in this Lease shall be construed to be a waiver of any
individual's qualified good faith immunity.
38.7 Lessee understands that all operations, uses and occupancy of the Premises
must be in strict compliance with all TSA, FAA, Airport rules and
regulations, grant requirements, Rules and Regulations, and related
provisions for Airport use and operations without restrictions or limitations.
ARINC Lease Agreement Page 13 of 13
Lessee further agrees that, in the event there is a question of interpretation,
it will comply with the Landlord’s interpretation of such requirements, rules,
laws and regulations, as and when notified by the Lessor of its interpretation,
time being of the essence. This provision supersedes any other provision of
this Lease which may be in conflict therewith. Any default by Lessee shall
permit the Landlord to immediately terminate the Lease as a non-exclusive
remedy.
IN WITNESS WHEREOF, the parties hereof have caused this Lease to be executed as of
the day and year first above written.
AUGUSTA, GEORGIA AERONAUTICAL RADIO, INC.
Lessor Lessee
_________________________________ ______________________________
Hardie Davis, Jr., Mayor Susan Keegan, Vice President
Attest: Notary:
___________________________ ___________________________
Lena J. Bonner, Clerk of Commission
AUGUSTA AVIATION COMMISSION
______________________________
James Germany, Chair
Attest:
_______________________________
Dereena Harris, Augusta Aviation Commission Clerk
Public Service Committee Meeting
11/29/2022 1:00 PM
FY2023-FY2028 Aeronautical Radio, Inc. (ARINC) Lease Agreement
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve FY2023-FY2028 Aeronautical Radio, Inc. (ARINC)
Lease Agreement. Approved by the Augusta Aviation Commission on
October 26, 2022.
Background:On June 17, 2017, the Airport entered into a lease agreement with
Aeronautical Radio, Inc. (ARINC) to maintain the antenna, receiver
transmitter and associated equipment needed to provide Aircraft
Communications Automatic Reporting Systems (ACARS) information for
ground and enroute users. The lease term was one (1) year with four (4)
automatic one (1) year renewals.
Analysis:The lease is scheduled to expire on December 31, 2022. ARINC expressed
the intent to renew the lease agreement with the same term.
Financial Impact:The rental fee is the sum of three thousand and five hundred dollars
($3,500.00) per year with increase of 3% per annum. The agreement
constitutes a receivable (money-in).
Alternatives:To deny.
Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission
on October 26, 2022.
Funds are Available in
the Following
Accounts:
551000000-3492508
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
SITA USA, INC. Lease Agreement Page 1 of 13
AUGUSTA REGIONAL AIRPORT AT BUSH FIELD
STATE OF GEORGIA
COUNTY OF RICHMOND
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ____ day of
________________,2023 by and between, AUGUSTA GEORGIA, a political subdivision
of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION whose
address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia
30906-9600, hereinafter called "Lessor", and SITA Information Network Computing USA Inc.,
a company incorporated in the Delaware with registered address at 3100, Suite 900, Cumberland
Boulevard, Atlanta, GA 30339, Georgia, United States. (“Lessee”).
In and for the promises and mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties intending to be legally bound do agree as
follows:
1. Premises: Lessor does hereby lease and the Lessee, for its exclusive use, does
hereby lease from Lessor:
1.1 Space to install an equipment cabinet (42 inches x 42 inches x 48 inches)
in the Air Cargo building attic located at 1502 Aviation Blvd., Augusta,
Georgia.
1.2 Space for mounting equipment antenna on the Air Cargo Building roof.
Lessor will approve antenna installation prior to installation. Lessee will
obtain any required permits or licenses required for the operation of its
equipment.
1.3 Lessee shall provide at its expense any required additional communications
i.e., telephone lines or other requirement to make system operational.
1.4 Lessee shall provide notice to Lessor of its need to access the premises and
shall do so during normal business hours of 8 am to 5 pm. Lessee shall not
access the premises unless escorted by Lessor and shall provide proper
identification for such access. If emergency access is required to the
premises, Lessee shall notify the Lessor at (706) 823-4419.
1.5 Lessor and Lessee acknowledge that Lessee currently occupies the premises
for the permitted use pursuant to the prior lease dated August 1, 2017 (the
“prior lease”), which prior lease shall be deemed terminated as of 11:59 pm
on the day preceding the commencement date of this lease.
2. Term: The term of this lease shall be for one (1) year commencing on the above date
and shall automatically renew for four (4) additional one (1) year terms unless earlier
terminated by the parties. In accordance with Georgia law regarding multi-year
leases, the effective date of this Lease shall continue through December 31 of the
date of execution. The lease shall: (i) terminate absolutely and without further
obligation on the part of Lessor each and every December 31st, as required by
O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the
termination provisions in this Article of this Lease: (ii) automatically renew on each
SITA USA, INC. Lease Agreement Page 2 of 13
January 1st, unless terminated in accordance with the termination provisions of this
Lease; and (iii) terminate absolutely, with no further renewals, on December 31,
2028, unless extended by written amendment. The Lease Term may be extended
only by written renewal approved by the Augusta Aviation Commission, Augusta,
Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and
the Lessee in accordance with the terms of this Lease.
3. Rental Fee: As rental for the premises identified in paragraph 1 above, Lessee agrees
to pay Lessor the sum of three thousand dollars ($3,500.00) per year with increase of 3%
per annum. Rent shall be paid monthly in advance no later than the tenth day of each month
for which rental is due to Lessor at the herein above address. Rental fee shall be paid in
United States currency. Any rental fee paid by Lessee under the prior lease for any period
after the termination date of the prior lease shall be credited by Lessor to the account of this
lease.
4. Security Deposit. N/A for this Lease renewal.
5. Interest; Attorney’s Fees. Any rental payment or other payment required to be paid
by Lessee hereunder, if not paid within ten (10) days of the due date, shall bear interest
from the date the same became due until the date payment is received by Lessor at the rate
of 1.5% per month (18% per annum). If Lessee fails to pay any rental payment or any other
payment required to be paid by Lessee hereunder and the same is collected through the
services of an attorney at law, Lessee shall pay to Lessor attorney’s fees and all reasonable
expenses of the litigation.
6. Utilities. Utilities are to be paid by Lessee. Lessor has included the cost of utilities
in the annual rental fee.
7. Fee Adjustment. It is understood and agreed that the foregoing rental fee and utility
fee are subject to annual adjustment and as set forth in Paragraph 3 above, shall increase by
three percent (3%) on each anniversary of the commencement date during the term.
8. Use of Premises.
8.1 Lessee. provides Aircraft Communications Automatic Reporting Systems
(ACARS) information for ground and enroute users. Typically, information
is passed from the aircraft to the Lesse’s equipment and then it is passed on
to the user. Lessee has requested to locate their receiver transmitter and
associated equipment at Augusta Regional Airport.
8.2 Lessee’s occupancy and use of the Premises herein leased shall at all times
be conducted in such a manner as not to create a hazard or limit the use of
the Airport by others.
8.3 Preventive maintenance, routine servicing, and minor repairs to Lessee's
equipment may be performed within the Leased Premises.
8.4 In connection with the exercise of its rights under this Lease, Lessee shall
not:
8.4.1 Do or permit its agents, employees, directors, or officers to do
anything on or about the Airport that may interfere with the
effectiveness or accessibility of the drainage and sewage system,
electrical system, air conditioning system, fire protection system,
SITA USA, INC. Lease Agreement Page 3 of 13
sprinkler system, alarm system, and fire hydrants and hoses, if any,
installed or located on or within the premises of the Airport.
8.4.2 Bring, keep or store, at any time, flammable or combustible liquids
on the premises, except in storage containers especially constructed
for such purposes in accordance with federal, state, and county laws,
including the Uniform Fire Code and the Uniform Building Code.
For the purposes of this Lease, flammable or combustible liquids
shall have the same definitions as set forth in the most recent
Uniform Fire Code.
8.5 At all times throughout the term of this Lease, as may be extended, Lessee’s
use of the Premises shall be in compliance with all applicable rules,
regulations and laws of the United States of America, including, by way of
example only, the rules of the Federal Aviation Administration, the State of
Georgia, all local authorities having proper jurisdiction over the Premises
and Lessor.
8.6 It is understood and agreed that should Lessor, or the Federal Aviation
Administration ("FAA") determine that a portion of the Premises is not
being used by Lessee to fulfill a legitimate aviation need, and Lessee is
unwilling or unable within twelve (12) months from date of written
notification to use the Premises or portion of the Premises for an aviation
need, then Lessee shall relinquish immediately the Premises or the unused
portion of the Premises to Lessor with no remuneration.
8.7 Failure by Lessee to comply with any of the terms and conditions of this
Lease shall constitute an Event of Default (as hereinafter defined).
9. Inspection by Lessor. Lessor, its authorized officers, employees, agents or
representatives shall have the right to enter upon the premises to make inspections during
regular business hours when a representative of the Lessee is present, or at any time in case
of emergency and/or to determine whether Lessee has complied with and is complying with
the terms and conditions of this Lease; provided, however, that said inspection shall in no
event unduly disrupt or interfere with the operation of the Lessee.
10. Title to Equipment and Improvements. It is mutually understood and agreed that
title to the Leased Premises, and all the buildings and structures and all other improvements
of a permanent character that may be built upon the Leased Premises by the Lessee during
the term of this Lease pursuant to the approval and consent of Lessor shall remain the
property of the Lessor and that fee simple title to the same shall be vested in Lessor.
Equipment, furnishings and trade equipment shall remain the property of the Lessee and
shall be removed no later than the expiration of the term or any renewal. Lessee shall repair
and restore or reimburse Lessor to repair and restore any damage to the Leased Premises
occasioned by such removal. If at the expiration of said lease, such equipment, furnishings
and trade equipment have not been removed from the Leased Premises, same shall become
the property of Lessor.
11. Maintenance of Premises.
11.1 Lessee acknowledges and agrees that throughout the Initial Lease Term and
any extension, it shall be Lessee’s responsibility to keep and maintain the
Premises and every part or portion thereof neat and clean, in good order, and
SITA USA, INC. Lease Agreement Page 4 of 13
in compliance with all applicable rules, regulations and laws of the United
States of America, the State of Georgia, the Lessor and all local authorities
having proper jurisdiction over the Premises and Lessor.
11.2 Lessee shall be liable for any and all damage to the Premises caused by
Lessee, its employees, agents, licensees, guests, or invitees. Any damage to
the Premises caused by or resulting from any act or omission of Lessee, its
employees, agents, licensees, guests, or invitees, including, by way of
example, any failure to comply with the provisions of this Lease, or any
commission of negligence on the part of Lessee or any of its employees,
agents, licensees, guests, or invitees, shall be remedied by Lessee at its sole
cost and expense.
12. Janitorial Services. N/A.
13. Security.
13.1 Lessee is responsible for safely securing its equipment on the Premises, in
compliance with all applicable rules, regulations and laws of the United
States of America, including the rules of the Federal Aviation
Administration, the State of Georgia, the Lessor, and all local authorities
having proper jurisdiction over the Premises.
13.2 Lessee acknowledges that the Premises does not have manned security, and
does hereby indemnify and hold harmless Lessor for any damage or theft of
Lessee’s property located in the Premises unless such damage is directly due
to the gross negligence of Lessor.
13.3 Storage by Lessee of Lessee’s personal property or the personal property of
any of Lessee’s employees, agents, licensees, guests, or invitees, in or about
the Premises shall be done at Lessee’s sole risk and Lessor shall not be
responsible in any way for any damage to, or any loss of any such personal
property stored in or about the Premises.
14. Operational Requirements and Procedures. The following Rules and Regulations
and Standard Operating Procedures govern the operation of all Lessee operations at the
Airport including, without limitation, restricted areas and roadways:
14.1 All Persons shall comply with the provision of the Rules Governing Use of
the Augusta Regional Airport, and the Rules and Regulation pertaining to
Vehicle/ Pedestrian Operations on the Airfield, and the Airport Security
program, which are incorporated by reference into the Lease as if fully set
forth herein.
14.2 Vehicle and Aircraft Operators shall comply with all applicable Federal,
State, and County laws and Ordinances; orders, signals, and directives given
by the Executive Director, Law Enforcement Officials, Airport
Representative, and traffic control devices.
14.3 No person shall solicit business at the Airport or conduct any other type
business at the Airport.
14.4 No pictures, advertisements, or solicitation flyers shall be posted on the
Airport premises.
SITA USA, INC. Lease Agreement Page 5 of 13
14.5 Lessee shall keep all doors and gates providing access to any part of the
restricted area closed and locked at all times. Lessee is responsible for the
security of its leased area and access through its leased doors and gates.
15. Restricted Area Definitions. N/A
16. Airport Badge. N/A
17. Taxes. Lessee shall pay all personal property taxes legally assessed against its
equipment, furniture or other personal property located on the Premises.
18. Assignment and Subleasing. Lessee shall not assign this Lease or any interest
hereunder or permit the use of the Premises by any other person or persons other
than Lessee without prior written consent of Lessor, except that Lessee may assign
the Lease to its parent company or to any affiliate or subsidiary company in good
standing which is majority owned by Lessee or Lessee’s parent. Lessee will notify
Lessor in writing of any such inter-company assignment. Upon any assignment or
sublease of the premises by Lessee to an unrelated third party, Lessor may
immediately terminate this Lease.
19. Appurtenant Privileges. To the extent such right is within the control of Lessor,
Lessor shall have the right to occasionally close the Airport with or without advance
notice. Lessor shall not be liable to Lessee in any manner whatsoever for any damages
alleged or actual to person or property related in any way to Airport closures.
20. Rules and Regulations.
20.1 Lessee shall use the Premises and the facilities of the Airport in accordance
with published Airport Rules and Regulations. Said Rules and Regulations
may be examined by Lessee at the office of Augusta Regional Airport
Aviation Services.
20.2 Lessee specifically agrees that its operations shall be conducted in
compliance with all federal, state, and local environmental laws, rules, and
regulations.
20.3 Lessee’s use of the Premises shall comply with all applicable rules,
regulations and laws, including 14 CFR Part 298, of the United States of
America, including the rules of the FAA, the State of Georgia, all local
authorities having proper jurisdiction over the Premises, and Lessor.
20.4 In connection with the exercise of its rights under this Lease, Lessee shall
not:
20.4.1 Do or permit its agents, employees, directors, or officers to do any
act or thing upon the Airport that will invalidate or conflict with any
fire or other casualty insurance policies covering the Airport or any
part thereof.
20.4.2 Do or permit its agents, employees, directors, or officers to do any
act or thing upon the Airport that will jeopardize the Airport's
Operating Certificate.
20.4.3 Do or permit its agents, employees, directors, or officers to do any
act or thing in conflict with the Airport's Security Plan.
SITA USA, INC. Lease Agreement Page 6 of 13
20.4.4 Use the Premises for any illegal purposes, nor in violation of FAA,
TSA and/or the Airport’s rules or regulations, as amended from time
to time, or any regulation of any other governmental entity.
20.4.5 Use the Premises in any manner that will create any nuisance or
trespass with respect to other tenants; constitute any unreasonable
annoyances, obstruction or interference with operations; or in any
manner interfere with, obstruct, block or violate in any manner, the
navigable airspace above the Airport in compliance with 14 C.F.R.
§ 77.5 and/or other regulations as implemented by the Airport, the
FAA or as may be implemented by the TSA.
20.4.6 Cause or permit any hazardous materials to be placed, stored,
generated, used, released, or disposed of in, on, under, about, or
transported from any Airport premises by Lessee, its agents,
employees, contractors, or other person unless it has complied with
the following: with respect to hazardous materials other than oil,
petroleum products, cleaning products, and/or flammable substances
reasonably necessary in connection with Lessee's aeronautical
activities, the prior written consent of the Airport Executive Director
shall be required, which shall not be withheld unreasonably. The
Aviation Commission may impose, however, as a condition of such
consent, such requirements as the Aviation Commission in its sole
discretion may deem reasonable or desirable, including, without
limiting the generality of the foregoing, requirements as to the
manner in which, the time at which, and the contractor by whom
such work shall be done, and Lessee must comply with all
environmental laws and regulations (including compliance with all
Environmental Protection Agency requirements concerning clean-
up) and with prudent business practices, with respect to such
hazardous materials, and the presence of hazardous materials must
be reasonably necessary for the operation of Lessee’s business.
21. Insurance.
21.1 General Information. Lessee agrees to carry and maintain in force at all
times during the Lease Term, at Lessee’s sole expense, the insurance
described in herein below for itself.
21.2 Lessor reserves the right to amend the insurance requirements imposed by
this Lease by providing thirty (30) days written notice to Lessor. Within
thirty (30) days of the publication by Lessor of any such modifications to
the foregoing insurance requirements, Lessee shall deliver to Lessor
insurance certificates certifying compliance with such modified coverage(s).
21.3 No written amendment of this Lease shall be required to effectuate said
increases in minimum limits.
21.4 Lessee’s insurance company must agree to the hold harmless
indemnification provision of this Lease.
21.5 All insurance required hereunder shall be by companies holding a “General
Policyholders Rating” of A+ or better as set forth in the most current issue
SITA USA, INC. Lease Agreement Page 7 of 13
of “Best’s Insurance Guide” and shall be issued a company licensed,
qualified and authorized to transact business in the State of Georgia.
21.6 Lessee is required and responsible to ensure that any sub-lessees or
subcontractors maintain same coverage as outlined above, or be covered by
the Lessee’s coverage, subject to prior approval of the Lessor.
21.7 Lessee acknowledges that Lessor is not responsible for any of Lessee’s
insurance premiums.
21.8 The insurance policies for coverage listed in this section shall contain a
provision that written notice of cancellation or any material change in policy
by the insurer shall be delivered to the Lessor no less than thirty (30) days
prior to cancellation or change.
21.9 Proof of Insurance. Lessee shall provide Lessor with an annual Certificate
of Insurance on all required insurance within 10 days upon the effective date
of this Lease and annually upon the effective date thereafter.
21.10 Lessee shall obtain and maintain continuously in effect, at all times during
the term of this Lease, at Lessee’s sole expense, the following insurance:
21.10.1General Liability Insurance. General liability insurance with a
combined single limit of not less than $1,000,000 covering Lessee’s
operations off-Airport premises. The foregoing insurance shall be
endorsed to state that it will be primary to Lessor’s insurance and
that the Lessee waives its right of subrogation against the Aviation
Commission, Augusta-Richmond County, and their officers, agents,
elected and appointed officials, representatives, volunteers, and
employees. The Aviation Commission, Augusta-Richmond County
and their officers, agents, elected and appointed officials shall be
added as additional insureds on said policies. Said policy shall
contain Severability of Interest Clause and Contractual Liability
coverage at least as broad as that given in the most current CG 00 01
ISO form.
21.10.2Workers’ Compensation Insurance. If Lessee has employees, it shall
provide Workers’ Compensation insurance with statutory limits and
employers liability with a limit of $500,000 for employees and
subcontractors entering hangar with limits of liability of not less than
Five Hundred Thousand Dollars ($500,000.00) for each
accident/disease. Such policy (ies) shall be endorsed to state that the
workers’ compensation carrier waives its right of subrogation
against the Aviation Commission, Augusta-Richmond County, and
their officers, agents, elected and appointed officials,
representatives, volunteers, and employees.
21.10.3Automobile Liability Insurance. Lessee shall provide Automobile
Liability insurance with a combined single limit of not less than
$1,000,000 covering Lessee’s automobiles while on and off Airport
premises. Policy must be written on a Symbol 1 basis. However, if
it is determined that Lessee’s automobiles are used on the ramp or
SIDA; Lessee shall provide Automobile Liability with a combined
SITA USA, INC. Lease Agreement Page 8 of 13
single limit of not less than $5,000,000. The foregoing insurance
shall be endorsed to state that it will be primary to Lessor’s insurance
and that the carrier waives its right of subrogation against the
Aviation Commission and Augusta-Richmond County, and their
officers, agents, elected and appointed officials, representatives,
volunteers, and employees. The Aviation Commission and Augusta-
Richmond County, and their officers, agents, elected and appointed
officials shall be added as additional insureds on said policies. Said
policy shall contain Severability of Interest Clause and Contractual
Liability coverage at least as broad as that given in the most current
CA 00 01 ISO form.
22. Indemnity.
22.1 Lessee shall indemnify and hold harmless the Lessor and the Augusta
Aviation Commission, and their members, officers, elected officials, agents,
servants, employees and successors in office from any and all claims
including reasonable attorney's fees and expenses of litigation incurred by
Lessor in connection therewith related to or arising out of any damage or
injury to property or persons, occurring or allegedly occurring in, on or about
Airport property which are in any way related to or arising out of any failure
of Lessee to perform its obligations hereunder during the period from the
date of this Lease to the end of the Lease Term.
22.2 Lessee further agrees that the foregoing Contract to indemnify and hold
harmless applies to any claims for damage or injury to any individuals
employed or retained by Lessee in connection with any changes, additions,
alterations, modifications and/or improvements made to the Premises, and
hereby releases Lessor from liability in connection with any such claims.
22.3 Lessee shall keep, defend and hold harmless Lessor, and the Aviation
Commission and their respective agents, employees, directors, officers,
guests, licensees and invitees, from and against any and all claims, demands,
suits, judgments, costs and expenses asserted by any person or persons,
including agents or employees of Lessee, by reason of death or injury to
persons or loss or damage to property, resulting from Lessee’s operations
and occupancy of the Premises, or anything done or omitted by Lessee under
this Lease except to the extent that such claims, demands, suits, judgment,
costs and expenses may be directly attributed to any act of negligence on the
part of Lessor or its agents, employees, directors, officers, guests, licensees
and invitees.
23. Hazardous Substances and Spill Prevention, Control and Countermeasure Plan
(SPCC). N/A
24. Airport Development. Lessee understands and agrees that Lessor is the owner of the
Airport and that, as such, Lessor may, at any time, undertake to further develop or
improve the Airport (“Airport Development”), as it sees fit, including, by way of
example, expanding the landing area of the Airport, regardless of the desires or views
of Lessee, and without interference or hindrance there from. In the event that any
Airport Development shall result in making the Premises unusable for Lessee’s
SITA USA, INC. Lease Agreement Page 9 of 13
intended purposes, this Lease shall be terminable by Lessor or Lessee within ten (10)
days notice.
25. Default. It is understood between the parties hereto that in the event of default by
either of the parties during the term of this Lease agreement, the other party shall have
the right forthwith to give notice thereof to the party in default, same to be in writing,
and if such condition of default is not removed and restored within ten (10) days after
receipt of such notice, then the other party shall forthwith have the option of declaring
this Lease in default and proceed to enforce their rights in accordance with the law.
For purposes of this Section, an "event of default" includes but is not limited to:
25.1 Lessee’s failure to comply with restricted area access procedures.
25.2 Lessee’s failure to make any payment when it becomes due under this Lease,
where such failure continues for ten (10) days after the due date;
25.3 Lessee’s failure to perform, observe and/or comply with any provision of
this Lease, where such failure is not cured within ten (10) days of notice
thereof from Lessor; or
25.4 Lessee’s insolvency or inability to pay its debts as they become due, or
Lessee’s making of an assignment for the benefit of creditors, Lessee’s
application for or consent to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of any of its assets, or Lessee’s filing
of a petition for relief under any bankruptcy, insolvency, reorganization or
similar laws, or the filing of a petition in, or proceeding under, any
bankruptcy, insolvency, reorganization or similar laws against Lessee,
which is not dismissed or fully stayed within ten (10) days after the filing or
institution thereof.
26. Lease Termination.
26.1 Lessor may terminate this Lease in the event of a default or failure to comply
with the terms of this Lease, which is not cured as set forth above, entitled
“Default”. Lessor and Lessee agree that Lessor may terminate this Lease
either in whole or in part. Termination, in whole or in part, shall be effected
by delivery of a Notice of Termination signed by the Airport Executive
Director specifically setting forth the effective date of termination.
26.2 Upon receipt of such Notice, described in subparagraph above, Lessee shall
remove all property from the Airport not later than the effective date of
termination and shall leave the premises in good condition, normal wear and
tear excepted.
26.3 Notwithstanding anything contained herein, either party may terminate this
Lease for any reason whatsoever by giving thirty (30) days written notice to
the other party. In the event said written notice is given, said Lease shall
terminate thirty (30) days from receipt of said written notice by the other
party and neither party shall have any further obligation hereunder to the
other.
27. Non-Discrimination. Notwithstanding any other provision of this Lease, during the
performance of this Lease, Lessee, for itself, its heirs, personal representatives,
SITA USA, INC. Lease Agreement Page 10 of 13
successors in interest and assigns, as part of the consideration of this Lease does
hereby covenant and agree, as a covenant running with the land, that:
27.1 No person on the grounds of age, race, color, religion, sex or national origin
shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination in the use of the Leased Premises;
27.2 In the construction of any improvements on, over or under the Leased
Premises, and the furnishing of services therein or thereon, no person on the
grounds of age, race, color, religion, sex or national origin shall be excluded
from participation in, or denied the benefits of, such activities, or otherwise
be subjected to discrimination.
28. C.F.R. Part 21. Lessee shall use the Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations
(“C.F.R.”), Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and as said
regulations may be amended.
28.1 In the event of breach of any of the above nondiscrimination covenants,
Lessor shall have the right to terminate this Lease and to reenter and
repossess the Premises and hold the same as if said Lease had never been
made or issued. This provision does not become effective until the
procedures of 49 C.F.R. Part 21 have been followed and completed
including expiration of appeal rights.
28.2 Lessee assures that it will undertake an affirmative action program, as
required by 14 C.F.R. Part 152, Sub-part E, to ensure that no person shall,
on the grounds of age, race, creed, color, national origin, or sex, be excluded
from participating in any employment, contracting or leasing activities
covered in 14 C.F.R. Part 152, Sub-part E. Lessee assures that no person
shall be excluded, on these grounds, from participating in or receiving the
services or benefits of any program or activity covered by Sub-part.
28.3 Lessee assures that it will required that its covered organizations provide
assurance to the Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their sub-organizations,
as required by 14 C.F.R. Part 152, Sub-part E, to the same effect.
28.4 Lessee agrees to comply with any affirmative action plan or steps for equal
employment opportunity required by 14 C.F.R. Part 152, Sub-part E, or by
any federal, state, or local agency or court, including those resulting from a
conciliation agreement, a consent decree, court order, or similar mechanism.
Lessee agrees to obtain a similar assurance from its covered organizations,
and to cause them to require a similar assurance of their covered sub-
organizations, as required by 14 C.F.R. Part 152, Sub-part E.
29 Requirements of the United States. This Lease shall be subject and subordinate to the
provisions of any existing or future agreement between Lessor and the United States,
or any agency thereof, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of the Airport;
SITA USA, INC. Lease Agreement Page 11 of 13
provided, however, that Lessor shall, to the extent permitted by law, use its best efforts
to cause any such agreements to include provisions protecting and preserving the
rights of Lessee in and to the Premises, and to compensation for the taking thereof,
interference therewith and damage thereto, caused by such agreement or by actions
of Lessor or the United States pursuant thereto.
30 Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee, so
long as it shall pay the rentals herein stipulated and shall perform the duties and
obligations herein agreed to be performed by it, shall peaceably and quietly have, hold
and occupy and shall have the exclusive use and enjoyment of the Leased Premises
during the term of this Lease and any extensions thereof. Lessee and its employees
shall have full right of ingress and egress to the Leased Premises at the times set forth
in Section 1.4 and without charge, toll or fee.
31 Covenants Bind and Benefit Successors and Assigns. The provisions of this Lease
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns; provided, however, that no one shall have any
benefit or acquire any rights under this Lease pursuant to any conveyance, transfer,
or assignment in violation of any of its provisions.
32 Open Records. The Lessee acknowledges that all records relating to this Lease and
the services to be provided under this Lease may be a public record subject to
Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). Lessee shall cooperate
fully in responding to such request and making all records, not exempt, available for
inspection and copying as provided by law. Lessee shall notify Lessor immediately
of any request made under the Open Records Act and shall furnish Lessor with a copy
of the request and the response to such request.
33 Governing Law: This Lease shall be governed and interpreted by the laws of the State
of Georgia.
34 Venue. All claims, disputes and other matters in question between the Lessor and the
Lessee arising out of or relating to the Lease, or the breach thereof, shall be decided
in the Superior Court of Richmond County, Georgia. The Lessee, by executing this
Lease, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
35 Entire Agreement. This Lease contains the entire agreement of the parties and no
representations, inducements, promises or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. No failure of either party
to exercise any power given it hereunder, or to insist upon strict compliance by either
party of any obligations hereunder and no custom or practice of the parties at variance
with the terms hereof shall constitute a waiver of either party’s right to demand exact
compliance with the terms hereof. This Lease may only be amended upon writing
signed by both parties.
36 Breach. Subject to Article 25 of this Lease, upon the failure of Lessee to observe or
comply with any of the provisions of this Lease, Lessor may immediately terminate
this Lease and institute such actions necessary to recover the property and evict
Lessee.
37 Notices. All notices, demands, and requests which may or are required to be given by
either Airport or Lessee to the other shall be in writing and shall be deemed to have
SITA USA, INC. Lease Agreement Page 12 of 13
been properly given when sent postage pre-paid by registered or certified mail (with
return receipt requested) addressed as follows:
If intended for Lessor: If intended for Lessee:
Augusta Aviation Commission SITA Information Network Computing
USA Inc.
1501 Aviation Way 3100 Cumberland Blvd.
Augusta, GA 30906 Suite 900
Attn: Executive Director Atlanta, GA 30339
Attn: AIRCOM
With a copy to:
Augusta General Counsel
Augusta Richmond County Department of Law
535 Telfair St.
Building 3000
Augusta, GA 30901
Fax: (706) 842-5556
Either party may change the address and name of addressee to which subsequent
notices are to be sent by notice to the other given as aforesaid.
38 Miscellaneous Provisions.
38.1 No purported or alleged waiver of any of the provisions of this Lease shall
be valid or effective unless in writing signed by the party against whom it
is sought to be enforced.
38.2 Captions herein are for convenience or reference only and in no way define,
limit or expand the scope or intent of this Lease. Whenever the context
hereof shall so require, the singular shall include the plural, the male gender
shall include the female, and vice versa.
38.3 Counterparts. This Lease may be executed in two or more counterparts, all
of which together shall constitute but one and the same Lease. In the event
that one or more of the provisions hereof shall be held to be illegal, invalid
or enforceable, such provisions shall be deemed severable and the remaining
provisions hereof shall continue in full force and effect.
38.4 Nothing contained in this Lease shall be construed to be a waiver of the
County’s sovereign immunity.
38.5 It is specifically agreed between the parties executing this Lease that it is not
intended by any of the provisions of this Lease to create in the public or any
member thereof, third party beneficiary status in connection with the
performance of the obligations herein.
38.6 Nothing contained in this Lease shall be construed to be a waiver of any
individual's qualified good faith immunity.
38.7 Lessee understands that all operations, uses and occupancy of the Premises
must be in strict compliance with all TSA, FAA, Airport rules and
regulations, grant requirements, Rules and Regulations, and related
SITA USA, INC. Lease Agreement Page 13 of 13
provisions for Airport use and operations without restrictions or limitations.
Lessee further agrees that, in the event there is a question of interpretation,
it will comply with the Landlord’s interpretation of such requirements, rules,
laws and regulations, as and when notified by the Lessor of its interpretation,
time being of the essence. This provision supersedes any other provision of
this Lease which may be in conflict therewith. Any default by Lessee shall
permit the Landlord to immediately terminate the Lease as a non-exclusive
remedy.
IN WITNESS WHEREOF, the parties hereof have caused this Lease to be executed as of
the day and year first above written.
AUGUSTA, GEORGIA SITA INFORMATION NETWORK
COMPUTING USA INC.
Lessor Lessee
_________________________________ ______________________________
Hardie Davis, Jr., Mayor Harihar Submaranian, Regional CFO –
AME
Attest: Notary:
___________________________ ___________________________
Lena J. Bonner, Clerk of Commission
AUGUSTA AVIATION COMMISSION
__________________
James Germany, Chair
Attest:
_______________
Dereena Harris, Augusta Aviation Commission Clerk
Public Service Committee Meeting
11/29/2022 1:00 PM
FY2023-FY2028 SITA Information Network Computing USA Inc. (SITA) Lease Agreement
Department:Augusta Regional Airport
Presenter:Herbert Judon
Caption:Motion to approve FY2023-FY2028 SITA Information Network
Computing USA Inc. (SITA) Lease Agreement. Approved by the Augusta
Aviation Commission on October 26, 2022.
Background:On August 1, 2017, the Airport entered into a lease agreement with SITA
Information Network Computing USA Inc., to maintain the antenna,
receiver transmitter and associated equipment needed to provide Aircraft
Communications Automatic Reporting Systems (ACARS) information for
ground and enroute users. The lease term was one (1) year with four (4)
automatic one (1) year renewals.
Analysis:The lease is scheduled to expire on December 31, 2022. ARINC expressed
the intent to renew the lease agreement with the same term.
Financial Impact:The rental fee is the sum of three thousand and five hundred dollars
($3,500.00) per year with increase of 3% per annum. The agreement
constitutes a receivable (money-in).
Alternatives:To deny.
Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission
on October 26, 2022.
Funds are Available in
the Following
Accounts:
551000000-3492508
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Public Service committee Meeting commission chamber - ll/g/2022
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor;Frantom, chairman; clarke and Mason, members.Absent: Hon. Johnson. Vice Chairman.
PUBLIC SERVICES
1' Discussion: A request by Planning & Development to renew the existing Alcohol Licenses in the City of ItemAugusta. There will be Sunday Sales, Dance, Arcades, Wholesalers, -Alcohol Catering and an Adult Action:Bookstore. Approved
Motions
Motion Type Motion Text Made By Seconded I- Motion6Y Result
Motion to approve.Approve Motion passes 3-0. Commissioner Alvin Mason Commissioner John Clarke passes
2' Discussion: Approve by resolution the designation of one Sunday during the calender year of 2023 that Itembars can be open as provided in the Augusta Alcohol Ordinance Sectioi 6-2-77 (3a). Approve - Super Action:Bowl Sunday February 12,2023. Approved
Motions
Motion Type Motion Text Made By Seconded F MotiontY Resutt
a _---.-_. Motion to approve.Approve Vtotion p"JJ, l-0. Commissioner Alvin Mason Commissioner John Clarke Passes
3' A motion to approve the purchase of Fixed Route Planning, Scheduling and Runcutting Software system Itemfor Augusta Transit (AT). The recommendation of awardls for a one it; y"u, term with two (2) one (l) Action:year extension options. REF 22-16g. \ / --
Approved
Motions
Motion Type Motion Text Made By Seconded B Motion'Y Result
a ___--.- Motion to approve. tApprove Votion p"JJ, l-0. Commissioner Alvin Mason Commissioner John Clarke passes
4' Motion to approve the design for construction at Fleming Park and Bernie Ward Community Center. Item
Action:
Approved
Motions
Motion Type Motion Text Made By Seconded By
Motion to approve. commissioner Alvin Mason commissioner John clarke
Motion Passes 3-0.
5. Greater Augusta Arts Council regarding a review and decision relative to the unpurchased
from the current Augusta Sculpture Trail to purchase for the City of Augusta'
Approve
Motion
Result
Passes
sculptures
Motion
Result
Passes
Motion
Result
Passes
Motion
Result
Item
Action:
Approved
Item
Action:
Approved
Item
Action:
Approved
Item
Action:
Approved
Motions
fr"J:"' Motion rext
Motion to refer the entire list of sculptures
to the full Commission with no Commissioner CommissionerApprove recommendation. John Clarke Alvin Mason
Motion Passes 3-0.
6. Motion to approve the minutes of the Public Services Committee held on October 25,2022.
Motions
Motion Type Motion Text Made By seconded By fJrt;i,tt
Motion to approve' Commissioner Alvin Mason Commissioner John Clarke PassesAPProve Motion Passes 3-0. (
?. Visual presentation regarding the acceptance of the National Fitness Campaign's 2022 Healthy City
Grant. (Refened from October 25 Public Services Committee)
Motions
Motion Motion Textrype
Motion to delete this item from
Delete the agenda.
Motion Passes 3-0'
Presentation by Mr. J. R. Tregeagle of the
hotels from an Innkeeper/Guest business
consequences.
Motions
Motion
Type
Budgetel Inn & Suites regarding involuntary conversion of
relationship to that of Landlord/Tenant and discriminatory
Made By Seconded By
Made By Seconded By
CommissionerAlvin CommissionerJohn
Mason Clarke
Made By Seconded By
8.
Motion Text
Motion to approve authorizing the General
Counsel and the Administrator to meet with the
Sheriffs Department and report their findings in
an updated report to the November 29
committee meeting.
Motion Passes 3-0.
Commissioner Commissioner passes
John Clarke Alvin MasonApprove
www.augustaga.gov
Public Service Committee Meeting
11/29/2022 1:00 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee held on
November 8, 2022.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Public Service Committee Meeting
11/29/2022 1:00 PM
ADA Paratransit Van Purchase
Department:Augusta Transit
Presenter:Sharon Dottery
Caption:A motion to approve the purchase of four (4) Paratransit Cutaway Vehicles
from Creative Bus Sales of College Park Georgia.
Background:Due to the demand of vehicles along with the chip and chassis shortages,
Augusta Transit is requesting the purchase of these vehicles from the State
of Oklahoma Contract # SW0797. “Creative Bus Sales has been allowed
to sell numerous FTA funded purchases over a number of years to
agencies around the country utilizing the Oklahoma Office of Management
and Enterprise Services (OMES) Statewide Contract 797, ADA Compliant
Transit Buses. Further, the Oklahoma Department of Transportation
(ODOT) specifically responded to the question of utilization by entities in
states other than Oklahoma and the official response from the state and
legal is included. Other Georgia agencies such as Rome Transit, Hall
County Transit and Liberty Transit has recently received the approval of
GDOT and issued a purchase order for transit buses utilizing the SW0797
contract.
Analysis:These vehicles will replace four (4) aging vehicles that have exceeded the
4 year/100,000-mile useful life established by the Federal Transit
Administration. The pricing for these vehicles includes extended
warranties of five years on most components such as the chassis, climate
Control System, and Structure and Body Systems.
Financial Impact:This purchase will be funded with federal grant funds from the Transit
Department’s 2022 Capital Budget. The allocated funding breakdown is:
Split Federal Local FTA Grant GA-2021-004-00 100% $483,571.84 $0.00
Total $483,571.84
Alternatives:Deny the purchase. However, the current price of the vehicles are
$120,892.96 each. If we delay the purchase of the vans, the next order will
be approximately the fourth quarter of 2023 and the price will increase
with a delivery date in 2024. Due to the age of the ADA Paratransit Fleet,
maintenance costs will increase, and reliability will decrease.
Recommendation:Approve the purchase so that Transit can move forward with updating its
ADA Paratransit fleet.
Funds are Available in
the Following
Accounts:
54709-1227-54-22220 and 54709-1227-54-22110.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
AUGUSTA, GEORGIA
New Grant ProposaUApplication
Before a Department/agency may apply for the grant/award on behalf of Augusta Richmond County, they must 1irst obtain approval
signature from the Administrator and the Finance Director. The Administrator will obtain information on the grant program and
requirements from the funding agency and review these for feasibility to determine if this granflaward witt benelit Augusta
Richmond County. The Finance Director will review the funding requirement to determine if the grant will fit within our budgetstructure and financial goals.
Proposal Project No. Project Title
PR0004l3PLANNINGFY2024Section5303TransitPlann
The APDD is required to submit an application to the Georgia Department of Transportation, Division of Intermodal, to secure federal
funds for metropolitan transit planning. Transit planning work tasks are included in the FY 2024 Unihed planning Work program. Thefunds are included in the proposed2l23 budget for Planning and Development Department.
Cash match required: Yes l0% ($23,671.00) Funds are included in the department budget.
EEO required - Yes. EEO Notified - Yes.
Start Date: 0710112023
Submit Date: tUtSl2O22
Total Budgeted Amount: 235,455.00
Sponsor: GM0005
SponsorType: pT
Purpose: 24
End Date: 06/3012024
Department: 074
Total Funding Agency:
Fed Transit Adm
Pass thru Federal
ARTS -MPO
Contacts
Planning and Zoning Cash Match? y
211,909.50 Total Cash Match: 23,545.50
Flow Thru ID: GM0006 GDOT
Type ID Name PhoneI CUIOZ: Harris, Mariah (706)821-1810
Type
FA
lL
C.DELANEY
Approvals
Date
ll/15/2022 Dept. Signature:
Grant Coordinator Signature:
L\ Ihaye reviewed the Grant application and enclosed materials and:
,.{"athe grant/award to be feasible to the needs of Augusta Richmond counfy
o Deny the request
2.)
t-tb-^,2'z_
Date
I have reviewed the Grant application and enclosed materials and:
o Approve the Department Agency to move forward with the application
o Deny the request
Administrator Date
This form will also be used to provide the external auditors with information on all grants for compliance andcertification requirements as required by the State and Federal Government.
Finance Director
user: MH91649 - Mariah HarriF page Current Date: 1l/1512022
Current Time: 09:35:36
Reporr: GMI000_PROPOSAL - GMl000: Grants Management: I
FEDERAL TRANSIT ADMINISTRATION
SECTION 5303 PROGRAM
METROPOLITAN PLANNING
FY 2024 GRANT APPLICATION
Please use Adobe Acrobat Reader to complete this application. You may use the
tab button to navigate between fillable form fields.
All application components should be completed and returned electronically.
Only the Transmittal Letter and Authorizing Resolution should be printed and
returned as a scanned application attachment.
APPLICATION DUE DATE
OCTOBER 31, 2022
Georgia Department of Transportation
Intermodal Division - Transit Program Attn: Patricia Smith, Ph.D.
600 W. Peachtree Street NW Atlanta, Georgia 30308
Introduction and Funding Distribution
Please refer to Table 1 below to identify Applicant Organization’s total available allocation of
FY2024 Section 5303 planning funds.
Considerations:
• The amount depicted under “Total Allocation” represents only the Federal funding
available to each MPO.
• The proposed project must also include non-federal matching funds of 20% of the total
project cost.
• For FY2024, GDOT has identified state matching funds of up to 10% of the total project
cost. Your organization must provide the remaining 10% local match.
For FY2024, GDOT has identified additional funding availability. Organizations with identified
planning project needs beyond their allocation are encouraged to apply for additional
funding. All such additional funding requests will be considered according to criteria in
Appendix D.
Table 1: Urban Area Population and Section 5303 Allocation Statistics
Part B: Transmittal Letter
The following page includes a sample transmittal letter with fillable fields. Applicants should only
complete the fillable fields. All remaining fields will auto-populate. Once all fields are complete,
Applicants should print the letter on the Applicant Organization’s letterhead. A scanned copy of the
signed letter (on letterhead) should be submitted as an attachment with the complete application
package.
Applicants must submit the transmittal letter on the Applicant Organization’s letterhead and include
the signature of the Authorized Official.
26
Part C: Authorizing Resolution
The following two pages include an authorizing resolution that must be enacted by the Chair of
the Policy Committee of the Metropolitan Planning Organization (MPO), or the head of the
governing body as appropriate. Please complete fillable fields on the resolution, then print and
sign the designated fields. The authorizing resolution must be properly witnessed and
notarized, including the date the notary’s commission expires. The resolution should also be
stamped with the notary seal as well as the seal of the county commission, city, or appropriate
applicant jurisdiction. The certificate of the attesting officer must also be completed.
A scanned copy of the completed, signed, and notarized Authorizing Resolution should be
submitted as an attachment with the full application package.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA, AND GEORGIA DEPARTMENT OF
TRANSPORTATION, FOR A GRANT UNDER TITLE 49 U.S.C., SECTION 5303.
WHEREAS, the Secretary of the US Department of Transportation and the Commissioner of the
Georgia Department of Transportation are authorized to make grants for mass transportation
projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon Applicant,
including the provision of the local share of project costs; and
WHEREAS, it is required by the United States Department of Transportation and the Georgia
Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act
of 1964, that in connection with the filing of an application for assistance under the Federal
Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act
of 1964 and the United States Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged
Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in
connection with this project, and that definitive procedures shall be established and
administered to ensure that minority business shall have the maximum feasible opportunity to
compete for contracts and purchase orders when procuring construction contracts, supplies,
equipment contracts, or consultant and other services.
NOW THEREFORE, BE IT RESOLVED BY ___________________________________________
hereinafter referred to as the “Applicant”,
1. That the Designated Official _____________________________, hereinafter referred to
as the “Official”, is authorized to execute and file an application on behalf of
_________________________________ with the Georgia Department
of Transportation, to aid in the financing of a technical study grant pursuant to Section
5303 of the Federal Transit Act to implement specific items of the FY
Unified Planning Work Program.
2. That the Official is authorized to execute and file such application and assurances or any
other document required by the U.S. Department of Transportation and the Georgia
Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of
1964.
3. That the Official is authorized to execute and file all other standard assurances or any
other document required by the Georgia Department of Transportation or the U.S.
Department of Transportation in connection with the application for public
transportation assistance.
4. That the Official is authorized to execute grant contract agreements on behalf of the
Applicant with the Georgia Department of Transportation.
5.That the Official is authorized to set forth and execute Minority Business Enterprise,
DBE (Disadvantaged Business Enterprise) and WBE (Women Business Enterprise)
policies and procedures in connection with the project's procurement needs as
applicable.
6.That the applicant while making application to or receiving grants from the Federal
Transit Administration will comply with FTA Circular 8100.1D, FTA Certifications and
Assurances for Federal Assistance 2022 as listed in this grant application and General
Operating Guidelines as illustrated in the Georgia State Management Plan.
7.That the applicant has or will have available in the General Fund the required non-
federal funds to meet local share requirements for this grant application.
APPROVED AND ADOPTED this day of , 2022.
Authorized Official
Type Name and Title
Signed, sealed and delivered this day of , 2022 in the presence of
Witness
Notary Public/Notary Seal
CERTIFICATE The undersigned duly qualified and acting of (Title of Certifying/Attesting Official) (Applicant’s Legal
Name) certifies that the foregoing is a true and correct copy of a resolution adopted at a legally
convened meeting held on , 2022.
Name of Certifying/Attesting Officer
Title of Certifying/Attesting Officer
(Page 2 of 2)
FY 2024
Draft Unified Planning Work Program
Prepared By:Augusta Planning & Development Department
Carla Delaney, Director
In Cooperation With:Aiken County, Edgefield County, and Columbia CountyFederal Transit AdministrationFederal Highway Administration
Georgia Department of TransportationSouth Carolina Department of Transportation
April 2024
DRAFT FY 2024 UNIFIED PLANNING WORK PROGRAM 5303 SUMMARY
WORK ELEMENT 5 – PUBLIC TRANSIT /PARATRANSIT
TASK 5.1 - Program Support and Administration (44.21.00)
Purpose: To provide planning and administrative assistance to Augusta Transit (AT) and LSCOG (Lower
Savannah Council of Government). Under this work element, the MPO staff will aid AT and Best Friend
Express (BFE) in preparing financial and operation reports required by the MAP 21/ FAST Act/ Bipartisan
Infrastructure Law legislation. Assistance in the preparation of the National Transit Database (NTD)
reports will also continue.
Additional administrative assistance will include: Preparing required certifications; Updating annual Title
VI assurances; Providing an opportunity for public hearings on grant applications and fare/service
changes; Processing procurements involving Federal and State funds; Assisting in planning for transit
system capital investments that will lead to increased security for the transit system; Monitoring
requirements of the grant process (e.g. labor certifications, third party contracting, bidding and award
process); Developing the Georgia public transportation portion of the Unified Planning Work Program;
and providing technical assistance on any transit-related issues facing AT.
LSCOG and their BFE staff will participate in the above-mentioned activities on behalf of their program
and will also engage in employee training and education; participation in, and attendance at, all ARTS
committees; community outreach and marketing events; multiple grant(s) development, writing, and
grant administration; grant reporting; Disadvantaged Business Enterprise (DBE) reporting; procurement;
service provider contracting and oversight
Previous Work
1.Grant management for continuing FTA Section 5310 Enhanced Mobility for the Elderly and
Disabled persons for LSCOG.
2.Assisted with transit service area GIS mapping and geo-coding address matching.
3.Grant development for CARES Act and ARP to assist public transit.
ACTIVITIES EXPECTED
COMPLETION DATE
1.Update the Annual Title VI Monitoring Report.August 2023
2.Update socioeconomic demographic GIS data analysis for EJ.July 2023 - March
2024
3.Conduct public meetings for review and comment period for Program of Projects (POP)
related to grant applications and fare increases/service reduction, MTP & special
studies.
As Needed
4.Assist in planning for transit system capital investments that will lead to increased
security for the transit system.As Needed
5.Develop UPWP and Georgia 5303 Grant Application.October 31, 2023
6.Provide technical transit planning and grant management assistance related to
Coordinated Human Services Transportation, ADA accessibility, transit service As Needed
31
ACTIVITIES EXPECTED
COMPLETION DATE
operational improvements, land use and transportation, transit-oriented development,
and other issues.
7.FY 2024 FTA 5303 Quarterly Reports to GDOT and SCDOT.Oct, Jan, Apr, Jun
8.Facilitate MPO committee meetings for transit planning tasks.Quarterly
9.Prepare split grant funding tables and assist with grant submission for 5307 and 5339
split allocations for AT and LSCOG.
January 31, - April 1,
2024
10.FY 2024 Invoices for Section 5310 Program.Monthly by the 10th
11.Assist with POP and transit funding tables in TIP for AT and LSCOG.September 30, 2023
12.FTA Section 5307 Grant Application SC November 2023
13.Semi-annual Disadvantaged Business Enterprise (DBE) Reporting for Urban Transit
Services SC
Dec. & June
2023/2024
14.FTA Required Milestone Progress Reports (MPR) and Federal Financial Reports (FFR)
Reporting for Grants in TrAMS SC Annually
15.Quarterly Reporting for 5303 Planning Services SC Quarterly
16.State Application to SCDOT for State Mass Transit Funds (SMTF) funding SC March 30, 2024
17.Monthly Invoicing to MPO for 5310 Transit Service SC Monthly by the 15th
18.Attendance and report presentation to all ARTS Committees SC Quarterly
19.Applications for Funding to be used as Local Match SC Annually
20.SCDOT Public Transportation Workshop September 2024
21.Transportation Association of South Carolina (TASC) conference Spring 2024
22.Attendance Georgia Transportation Association (GTA) Conference November 2023
23.Triennial National Database Sampling – onboard counting of bus riders Summer 2023
24.Attendance Zero Emission Bus Conference Summer 2023
25.South Carolina Annual MPO/COG Workshop TBD
26.National Transit Institute (NTI) webinars On-Going
27.Assist with Program of Projects (POP) and transit funding tables On-Going
28.Perform Transit Service Provider Contract Oversight On-Going
29.Administration of FTA 5310 Grant for LSCOG. Monthly ridership report and invoices
submitted to Deanna Specialty Transportation.
Monthly
Product(s)
1.Grant administration activities for FTA Section 5310
2.Submission of a grant application for capital and operating assistance.
3.Preparation of the GA UPWP public transit elements.
4.Various Grant Applications and Funding Requests.
5.Various Monthly, Quarterly, and Annual Reports.
6.Attendance and presentation to all three ARTS Committees (each held bi-monthly).
COST ESTIMATES AND PROPOSED FUNDING SOURCES
32
Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council
of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit
Administration (FTA).
FUNDING SOURCE APDD LSCOG TOTAL
FTA (FHWA GA SEC 5303) $41,164.00 $0.00 $41,164.00
GA DOT (SEC 5303 Match) $5,145.50 $0.00 $5,145.50
APDD (SEC 5303 Match) $5,145.50 $0.00 $5,145.50
FTA (FHWA SC SEC 5303) $0.00 $26,040.00 $26,040.00
LSCOG (SEC 5303 Match) $0.00 $6,510.00 $6,510.00
TOTALS $51,455.00 $32,550.00 $84,005.00
TASK 5.2 – Metropolitan Transportation Planning (System Level) (44.23.01)
Purpose: Provide and/or create current data annually that is utilized in the MTP and Analysis. These data
sets include Socioeconomic Data/Environmental Justice; Land Use Monitoring; Transportation Surveys,
Models and Analysis; GIS Development and Application; Long Range Transit Planning; Performance-Based
Planning; Congestion Management; Air Quality Issues; Public Administration; and Intermodal Planning.
Community Outreach and Education are performed as part of this task to disseminate the new
information. To successfully respond to public transit requirements for Transit Asset Management (TAM)
Plans and Safety. To review the ten-year planning horizon for the BFE’s transit development plan (TDP).
Previous Work
1. Developed framework for FTA Section 5310 Enhanced Mobility for seniors and Individuals with
Disabilities which included service operation strategy, grant administration, and mobility
management for travel training.
2. LSCOG assisted with the development and implementation of the FTA Section 5310 urban
program for residents of Aiken County who are 60+ or a person with a disability.
3. Developed GIS mapping for address matching for transit service zones to schedule mobility trips
and reservations for ADA complementary trips.
FY 2024 Work Activities and Schedule
ACTIVITIES ESTIMATED
COMPLETION DATES
1. Continue assessing the financial capability of AT and BFE and continue
to secure other funding sources to implement recommendations from
the COA.
On-Going
2. Staff tasks related to 2050 MTP Performance-Based Multimodal Plan
Update – Socioeconomic data, GIS analysis, and mapping, community
outreach, regional travel demand model for transit.
July 2023 – June 30,
2024
3. LSCOG Updates and Amendments to the MTP SC. As needed
4. Participate in Performance-Based Planning for the Transit System. On-Going
5. Enhancements to Public Transit On-Going
Product(s):
33
1.ARTS will continue all task activities for FTA Section 5310 Enhance Mobility for Seniors and
Individuals with Disabilities, service operation strategy, and regional Coordinated Human Services
Transportation Framework.
2.2050 MTP Performance-Based Multimodal Plan Update – socioeconomic data, land use
development data collection and analysis, GIS analysis and mapping, community outreach,
regional travel model for transit.
3.Corridor Plans – application of Land use and Access Management and Complete Streets policies
to increase transit ridership and ADA safety
4.Performance Measures – Public Transit
5.GIS map and address matching for transit service zones to schedule mobility trips and reservations
for ADA complementary trips.
6.To review, study and assist August Transit in addressing transit-related issues. Issues include
safety, bus shelter lighting, and ADA compliance.
COST ESTIMATES AND PROPOSED FUNDING SOURCES
Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council
of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit
Administration (FTA).
FUNDING SOURCE APDD LSCOG TOTAL
FTA (FHWA GA SEC 5303) $52,000.00 $0.00 $52,000.00
GA DOT (SEC 5303 Match) $6,500.00 $0.00 $6,500.00
APDD (SEC 5303 Match) $6,500.00 $0.00 $6,500.00
FTA (FHWA SC SEC 5303) $0.00 $2,000.00 $2,000.00
LSCOG (SEC 5303 Match) $0.00 $500.00 $500.00
TOTALS $65,000.00 $2,500.00 $67,500.00
TASK 5.3 - Short-Range Transportation Planning (44.24.00)
Purpose: To perform tasks that are immediate and are reviewed for implementation within the next 3-5
years. LSCOG staff will undertake their required short-range transit planning activities. This includes
preparing the necessary operations reports, periodically evaluating the level of transit service, monitoring
requirements of the grant process, preparing the annual update to the Title VI assurances, and assisting
in the following year's UPWP.
FY 2024 Work Activities and Schedule
ACTIVITIES EXPECTED
COMPLETION DATE
1.Monitor, update and program grant funds for buses and/or vans for
ADA complementary services including the purchase or lease of new
transit vehicles accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs.
On-Going
2.Participate with ARTS/MPO in a review and update, if needed, of any
Regional Human Services Coordination Plan
On-Going or as
requested by the MPO
34
ACTIVITIES EXPECTED
COMPLETION DATE
3. Marketing of any New or Revised Service On-Going
4. Respond to Requests for Presentations to the Public or Agencies On-Going
5. Attorney and Executive Director Signatures on Annual Certification &
Assurances for FTA March 2024
6. Capital Vehicle Acquisition Planning February 2024
7. Updates to Transit Asset Management (TAM) Plan June 2024
8. Safety and Planning Mandate July 2023
9. Review the TDP for Possible Implementation of Previous
Recommendations On-Going
10. Submit transit system performance data reported to NTD. October 2023
11. Annual NTD Report and Validation Response January 2024
Product(s):
1. Annual Certifications and Assurances
2. TAM Plan Updates
3. Transit section of UPWP completed
4. Continued implementation of the Public Transit Agency Safety Plan (PTASP)
5. Annual NTD Report
COST ESTIMATES AND PROPOSED FUNDING SOURCES
Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council
of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit
Administration (FTA).
FUNDING SOURCE APDD LSCOG TOTALS
FTA (SEC 5303) $60,000.00 $0.00 $60,000.00
GA DOT (SEC 5303 Match) $7,500.00 $0.00 $7,500.00
APDD (GA PL Match) $7,500.00 $0.00 $7,500.00
FTA (SEC 5303) $0.00 $15,960.00 $15,960.00
LSCOG (SEC 5303 Match) $0.00 $3,990.00 $3,990.00
TOTAL $75,000.00 $19,950.00 $94,950.00
35
TASK 5.4 - Transportation Improvement Program (44.25.00)
Purpose: LSCOG will participate with the ARTS MPO in the completion of the TIP and its updates;
coordinate with the MPO for the split allocation letters for Section 5307 funding; assist with the additional
programming of FTA Section 5339 and 5310.
Previous Work
1. Continued assessment of the financial capability of AT and secure other possible funding sources
to implement recommendations from the COA.
FY 2024 Work Activities and Schedule
ACTIVITIES ESTIMATED
COMPLETION DATES
1. Prepare and submit to the ARTS MPO the annual updates to the TIP. As Needed
2. Review SC STIP and follow up with APDD to make sure LSCOG
programming has made It to SCDOT. Programming may include but is
not limited to sections 5307, 5339, and 5310.
November 2023
3. Update the text in the TIP regarding the Program of Projects and Financial
Plan for the BFE transit system. On-going
Product(s):
1. Completed TIP document reviewed and adopted by the ARTS Committees.
2. SCDOT STIP reflecting accurate programming information for Aiken County Transit.
COST ESTIMATES AND PROPOSED FUNDING SOURCES
Responsible Agency: Augusta Planning and Development Department (APDD), Lower Savannah Council
of Governments (LSCOG), Georgia Department of Transportation (GDOT), and Federal Transit
Administration (FTA).
FUNDING SOURCE APDD LSCOG TOTALS
FTA (FHWA GA SEC 5303) $35,200.00 $0.00 $35,200.00
GA DOT (SEC 5303 Match) $4,400.00 $0.00 $4,400.00
APDD (SEC 5303 Match) $4,400.00 $0.00 $4,400.00
FTA (FHWA SC SEC 5303) $0.00 $4,000.00 $4,000.00
LSCOG (SEC 5303 Match) $0.00 $1,000.00 $1,000.00
TOTAL $44,000.00 $5,000.00 $49,000.00
36
FTA Section 5303 Budget Activity Line Item 2023/2024 Comparison
2023 Federal, State, and Local Allocations
2024 Federal, State, and Local Allocations
UPWP FY 2023 SECTION 5303 APDD
GA & SC ARTS FTA SUMMARY FTA GA DOT APDD Total GA
WORK ELEMENT SEC 5303 Match Match SEC 5303
5.1 Program Support and Administration (44.21.00) $33,088.00 $4,136.00 $4,136.00 $41,360.00
5.2 Long-Range Transportation Planning (44.23.01) $48,800.00 $6,100.00 $6,100.00 $61,000.00
5.3 Short-Range Transportation Planning (44.24.00) $36,000.00 $4,500.00 $4,500.00 $45,000.00
5.4 Transportation Improvement Program (44.25.00) $33,600.00 $4,200.00 $4,200.00 $42,000.00
Total $151,488.00 $18,936.00 $18,936.00 $189,360.00
UPWP FY 2024 SECTION 5303 APDD
GA & SC ARTS FTA SUMMARY FTA GA DOT APDD Total GA
WORK ELEMENT SEC 5303 Match Match SEC 5303
5.1 Program Support and Administration (44.21.00) $41,164.00 $5,145.50 $5,145.50 $51,455.00
5.2 Long-Range Transportation Planning (44.23.01) $52,000.00 $6,500.00 $6,500.00 $65,000.00
5.3 Short-Range Transportation Planning (44.24.00) $60,000.00 $7,500.00 $7,500.00 $75,000.00
5.4 Transportation Improvement Program (44.25.00) $35,200.00 $4,400.00 $4,400.00 $44,000.00
Total $188,364.00 $23,545.50 $23,545.50 $235,455.00
37
Public Service Committee Meeting
11/29/2022 1:00 PM
Federal Transit Administration 5303 FY 2024 Application
Department:Planning & Development
Presenter:Carla Delaney or Department Designee
Caption:Motion to approve the annual application to the Federal Transit
Administration (FTA) for Section 5303 funds in FY 2024.
Background:Section 5303 funds are a formula grant provided by FTA annually for the
development of an integrated intermodal transportation system,
identification of transit multimodal or intermodal facilities, financial plan,
assessment of capital investment, or transit enhancement activities. All
projects must conform to FTA guidelines.
Analysis:
Financial Impact:FTA Section 5303 FY 2023 Application - Application with the Federal
Transit Administration (FTA) for a grant under Title 49 U.S.C., Section
5303. There is an 80/10/10 split on the grant/match as shown below:
Federal - $188,364.00 State - $23,545.50 Local - $23,545.50 10% Local
match is included in the 2023 Planning & Development budget. Approved
by the Administrator's Office on November 17, 2022.
Alternatives:Forfeit potential reimbursement of planning activities related to transit
planning.
Recommendation:Approval of the FY 2024 Application to FTA for Section 5303 Funds.
Funds are Available in
the Following
Accounts:
Federal - $188,364.00 State - $23,545.50 Local - $23,545.50 10% Local
match is included in the 2023 Planning & Development budget -
220016309
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
28 – C- 1
SECTION 28 C
ADULT ENTERTAINMENT
28-C-1 REFERENCE TO THE CITY CODE. This section relates to the Title 6 Chapter 1
of the Augusta, Georgia Code entitled "Adult Entertainment." This Code Section is
included in part in the Zoning Ordinance as it relates to locations, or zoning districts and
therefore to the extent that it relates to such plans, policies and zoning procedures must
be followed.
28-C-2 DEFINITIONS. The following terms used in this Section defining adult entertainment
establishments shall have the meanings indicated below:
(a) Adult bookstore. An establishment having a substantial or significant
portion of its stock in trade, magazines or other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas or an
establishment with a segment or section comprising five (5) percent or more of
its total floor space, devoted to the sale or display of such materials or five (5)
percent or more of its net sales consisting of printed materials which are for sale
or rent, which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas.
(b) Adult dancing establishment. A business that features dancers displaying or
exposing specified anatomical areas.
(c) Adult motion picture theater. An enclosed building with a capacity of fifty
(50) or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein.
(d) Adult mini-motion picture theater. An enclosed building with a capacity of
less than fifty (50) persons used for commercially presenting material
distinguished or characterized by an emphasis on matter depicting or relating to
specified sexual activities or specified anatomical areas for observation by
patrons therein.
(e) Adult motion picture arcade. Any place to which the public is permitted or
invited wherein coins or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at any one time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas.
(f) Adult video store. An establishment having a substantial or significant
portion of its stock in trade, video tapes or movies or other reproductions,
28 – C- 2
whether for sale or rent, which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas or an establishment with a segment or section,
comprising five (5) percent of its total floor space, devoted to the sale of display
of such material or which derives more than five (5) percent of its net sales from
videos which are characterized or distinguished by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas.
(g) Erotic dance establishment. A nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, go-go
dancers, strippers or similar entertainers, where such performances are
distinguished or characterized by an emphasis or specified sexual activities or
specified anatomical areas.
(h) Escort bureau; introduction services. Any business, agency or persons
who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish
names of persons, or who introduce, furnish or arrange for persons who may
accompany other persons to or about social affairs, entertainments or places of
amusement, or who may consort with others about any place of public resort or
within any private quarters.
(i) Good moral character. A person is of good moral character according to
this chapter if that person has not been convicted of a felony involving serious
sexual misconduct, or a crime not a felony if it involves serious sexual
misconduct, in the past five (5) years. Conviction shall include pleas of nolo
contendere or bond forfeiture when charged with such crime.
(j) Reserved.
(k) Reserved.
(l) Minor. For the purposes of this Chapter, any person who has not attained
the age of eighteen (18) years.
(m) Permitted premises. The business location for which a permit and a
Business Tax Certificate has been issued to operate an adult entertainment
establishment.
(n) Specified sexual activities. Shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual relationship,
or the use of excretory functions in the context of a sexual relationship in any of
the following sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
28 – C- 3
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or turmescence; or
(3) Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region,
buttocks or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating of the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexual contact with an animal by
human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
(o) Specified anatomical areas. Shall include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic
region; buttock; or female breast below a point immediately above the top of the areola;
or
(2) Human male genitalia in a discernibly turgid state, even if completely and
opaquely covered.
28-C-3 LOCATION.
No adult entertainment establishments shall be located in any zone other than one designated as
"LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for
Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5.
In addition, no adult entertainment establishment or use restricted hereunder shall be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or secondary school;
(3) A child care facility;
(4) A boundary of a residential district as defined in the Comprehensive
Zoning Ordinance.
(5) A public park;
(6) A cemetery;
28 – C- 4
(7) The property line of a lot devoted to a residential use as defined in the
Comprehensive Zoning Ordinance;
(8) Another sexually oriented business which does not have a common
entrance with an already licensed or exempted sexually oriented business; or
(9)(8) A governmental building or site, which shall be defined as all public
buildings, parks, and recreational areas owned, operated or occupied by Augusta.
(10) Another sexually oriented business.
(11)(9) Within the parameters of an area designated as an Augusta
gateway/corridor in the Corridor/Gateway Action Plan (2000), as presently existing or
hereafter modified, adopted by the Augusta Commission and on file in the office of the
Clerk of the Commission. Gateways and Corridors are defined as follows:
a. Gordon Highway/Doug Barnard Parkway Gateway - All property located
within 1000 500feet of the intersection of the centerlines of these
roadways;
b. I-20/Riverwatch Parkway Gateway - All property located within 1,2000
feet of the intersection of the centerlines of these roadways; and
c. Peach Orchard Road/Gordon Highway Corridor - All property located
within 1000 500 feet of the centerline of the following roadways: Peach
Orchard Road from Tobacco Road to Gordon Highway, and Gordon
Highway from Peach Orchard Road to Walton Way.
(b) A person commits an offense if he causes or permits the operation, establishment
or maintenance of more than one sexually oriented business in the same building, structure, or
its portion, or the increase of floor area of any sexually oriented business in any building,
structure, or its portion, containing another sexually oriented business.
(c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall
be made in a straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church or place of
religious worship, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, a cemetery, residential district or residential lot.
(d) For purposes of subsection (c) (10) of this section, the distance between any two
sexually oriented businesses shall be measured in a straight line along the road frontage.,
without regard to intervening structures or objects, from the closest exterior wall of the structure
in which each business is located.
(e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in
violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use.
Such use will be permitted to continue for a period not to exceed one year unless sooner
terminated for any such reason or voluntarily discontinued for a period of 30 days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use
may be changed to a conforming use. If two or more sexually oriented businesses are
28 – C- 5
(e) within 1,000 feet of one another and otherwise in a permissible location, the sexually
oriented business which was first established and continually operating at a particular location is the
conforming use and the later established business is nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
business license, of a church or place of religious worship, public or private elementary or
secondary school, governmental building or site, cemetery, residential district or residential lot
within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a
license has expired or has been revoked.
LICENSE AND BUSINESS REGULATIONS
Chapter 1
ADULT ENTERTAINMENT*
Sec. 6‐1‐1. Findings; public purpose.
Based on the experience within Augusta,
neighboring counties and in reliance on studies
by the Cities of St. Marys, Georgia, Austin, Texas,
Amarillo, Texas, Beaumont, Texas, Indianapolis,
Indiana, Los Angeles, California, Phoenix,
Arizona, St. Paul, Minnesota, Garden Grove,
California, and Tucson, Arizona, which
experiences and studies have been found by the
Augusta‐Richmond County Commission to be
similar to the problems faced by Augusta,
Georgia and in further reliance on federal case
law reciting findings on the issue, the
Commission takes note of the notorious and self‐
evident conditions attendant to the commercial
exploitation of human sexuality, which do not
vary greatly among generally comparable
communities within the country. Moreover, it is
the finding of the Commission that public nudity
(either partial or total) under certain circum‐
stances, and the display and sale of material
distinguished or characterized by an emphasis
on matter depicting, describing, or related to
specified sexual activities or specific anatomical
areas for observation and purchase by patrons
therein, particularly in adult entertainment
establishments, begets criminal behavior and
tends to create undesirable community
conditions. Among the acts of criminal behavior
identified with public nudity, adult bookstores
and adult entertainment establishments are
disorderly conduct, prostitution, child
molestation and drug trafficking and use. Among
the undesirable community conditions identified
with public nudity, adult book‐ stores and adult
entertainment establishments are depression of
property values in the surrounding
neighborhood, increased expenditure for and
allocation of law enforcement personnel to
preserve law and order, increased burden on the
judicial system as a consequence of the criminal
behavior hereinabove described, and
acceleration of community blight by the
concentration of such establishments in
particular areas, and the re‐ resultant difficulty in
fostering economic and community
development in the surrounding neighborhood.
Therefore, the limitation of nude conduct in
adult entertainment establishments and the
regulation of adult entertainment
establishments are in the public welfare and it is
a matter of governmental interest and concern
to prevent the occurrence of criminal behavior
and undesirable community conditions normally
associated with adult entertainment
establishments.
The Augusta‐Richmond County Commission
hereby declares that the purpose of this Chapter
is to regulate certain types of businesses
including, but not limited to, adult
entertainment establishments, to the end that
the many types of criminal activities and
undesirable community conditions frequently
engendered by such businesses will be curtailed.
However, it is recognized that such regulation
cannot de facto approach prohibition.
Otherwise, a protected form of expression
would vanish. As to adult entertainment
establishments, this Chapter represents a
balancing of competing interests: reduced
criminal ac‐ activity and protection of the
neighborhoods through the regulation of adult
entertainment establishments and the
protected rights of adult entertainment
establishments and patrons.
Sec. 6‐1‐2. Definitions.
The following terms used in this Chapter de‐
fining adult entertainment establishments shall
have the meanings indicated below:
(a) Adult bookstore. An establishment
having a substantial or significant
portion of its stock in trade, magazines
or other periodicals which are
distinguished or characterized by their
emphasis on matter depicting,
describing or relating to specified sexual
activities or specified anatomical areas
or an establishment with a segment or
section comprising five (5) percent or
more of its total floor space, devoted to
the sale or display of such materials or
LICENSE AND BUSINESS REGULATIONS
five (5) percent or more of its net sales
consisting of printed materials which are
distinguished or characterized by their
emphasis on matter depicting,
describing or re‐ relating to specified
sexual activities or specified anatomical
areas.
(b) Adult dancing establishment. A business
that features dancers displaying or
exposing specified anatomical areas.
(c) Adult motion picture theater. An
enclosed building with a capacity of fifty
(50) or more persons used for presenting
material distinguished or characterized
by an emphasis on matter depicting,
describing, or relating to specified sexual
activities or specified anatomical areas
for observation by patrons therein.
(d) Adult mini‐motion picture theater. An
enclosed building with a capacity of less
than fifty (50) persons used for
commercially presenting material
distinguished or characterized by an
emphasis on matter depicting or relating
to specified sexual activities or specified
anatomical ar‐ eas for observation by
patrons therein.
(e) Adult motion picture arcade. Any place
to which the public is permitted or
invited wherein coins or slug operated or
electronically, electrically or
mechanically controlled still or motion
picture machines, projectors or other
image‐producing de‐ vices are
maintained to show images to five (5) or
fewer persons per machine at any one
time and where the images so displayed
are distinguished or characterized by an
emphasis on depicting or de‐ scribing
specified sexual activities or specified
anatomical areas.
(f) Adult video store. An establishment
having a substantial or significant
portion of its stock in trade, video tapes
or movies or other reproductions,
whether for sale or rent, which are
distinguished or characterized by their
emphasis on matter depicting,
describing or relating to specified sexual
activities or specified anatomical areas
or an establishment with a segment or
section, comprising five (5) percent of its
total floor space, devoted to the sale or
display of such material or which derives
more than five (5) percent of its net sales
from videos which are characterized or
distinguished by their emphasis on
matter depicting, describing or relating
to specified sexual activities or specified
anatomical areas.
(g) Erotic dance establishment. A nightclub,
theater or other establishment which
features live performances by topless
and/or bottomless dancers, go‐go
dancers, strippers or similar
entertainers, where such performances
are distinguished or characterized by an
emphasis on specified sexual activities
or specified anatomical areas.
(h) Escort bureau; introduction services.
Any business, agency or persons who,
for a fee, commission, hire, reward, or
profit, furnish or offer to furnish names
of persons, or who introduce, furnish or
arrange for persons who may
accompany other per‐ sons to or about
social affairs, entertainments or places
of amusement, or who may consort with
others about any place of public resort
or within any private quarters.
(i) Good moral character. A person is of
good moral character according to this
Chapter if that person has not been
convicted of a felony involving sexual
misconduct, or a crime not a felony if it
involves serious sexual misconduct, in
the past five (5) years. Conviction shall
include pleas of nolo contendere or
bond forfeiture when charged with such
crime.
(j) Reserved.
(k) Reserved.
(l) Minor. For the purposes of this Chapter,
any person who has not attained the age
of eighteen (18) years.
(m) Permitted premises. The business
LICENSE AND BUSINESS REGULATIONS
location for which a permit and a
Business Tax Certificate has been issued
to operate an adult entertainment
establishment.
(n) Specified sexual activities. Shall include
any of the following:
(1) Actual or simulated sexual
intercourse, oral copulation, anal
inter‐ course, oral anal copulation,
bestiality, direct physical stimulation
of unclothed genitals, flagellation or
torture in the context of a sexual
relationship, or the use of excretory
functions in the context of a sexual
relationship in any of the following
sexually oriented acts or conduct:
anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a
state of sexual stimulation, arousal
or tumescence; or
(3) Use of human or animal ejaculation,
sodomy, oral copulation, coitus or
masturbation; or
(4) Fondling or touching of nude human
genitals, pubic region, buttocks or
female breast; or
(5) Masochism, erotic or sexually
oriented torture, beating or the
infliction of pain; or
(6) Erotic or lewd touching, fondling or
other sexual contact with an animal
by human being; or
(7) Human excretion, urination,
menstruation, vaginal or anal
irrigation.
(o) Specified anatomical areas. Shall include
any of the following:
(1) Less than completely and opaquely
covered human genitals or pubic
region; buttock; or female breast
below a point immediately above
the top of the areola; or
(2) Human male genitalia in a
discernibly turgid state, even if
completely and opaquely covered.
Sec. 6‐1‐3. Erotic dance establishment
regulations.
(a) No person, firm, partnership,
corporation or other entity shall
advertise or cause to be advertised an
erotic dance establishment without a
valid adult entertainment establishment
permit and Business Tax Certificate
issued pursuant to this Chapter.
(b) No later than December first of each
year, an erotic dance establishment
Business Tax Certificate holder shall file
a verified report with the License and
Inspection Department showing the
Business Tax Certificate holder's gross
receipts and amounts paid to dancers
for the preceding calendar year.
(c) An erotic dance establishment Business
Tax Certificate holder shall maintain and
retain for a period of two (2) years the
names, addresses and ages of all persons
employed as dancers.
(d) No adult entertainment establishment
Business Tax Certificate holder shall
employ or contract with as a dancer a
person under the age of eighteen (18)
years or a person not permitted
pursuant to this Chapter.
(e) No person under the age of eighteen
(18) years shall be admitted to an adult
entertainment establishment.
(f) An erotic dance establishment may be
open only between the hours of 8:00
a.m. and 3:00 a.m. Monday through
Friday, and Saturday from 8:00 a.m.
through 2:30 a.m. on Sunday. No
Business Tax Certificate holder shall
permit his place of business to be open
on Christmas Day.
(g) No erotic dance establishment Business
Tax Certificate holder shall serve, sell,
distribute or suffer the consumption or
possession of any intoxicating liquor or
controlled substance upon the premises
of the Business Tax Certificate holder;
LICENSE AND BUSINESS REGULATIONS
provided, however, nothing shall affect
any vested rights of the holder of an
alcohol license.
(h) An adult entertainment establishment
Business Tax Certificate holder shall
conspicuously display all Business Tax
Certificates required by this Chapter.
(i) All dancing shall occur on a platform
intended for that purpose which is
raised at least two (2) feet from the level
of the floor and no more than one
dancer shall occupy such platform at any
one time.
(j) No dancer shall leave that platform
without first putting on clothing that
does not expose to view any portion of
the female breast below the top of the
areola or any portion of the pubic hair,
anus, cleft of the buttocks, vulva, or
genitals.
(k) No dancer, waitress, bartender, or other
employee shall sit, mingle, wait on
customers, or walk around inside the
establishment in view of any customer
without being clothed as provided in
subparagraph (j) above.
(l)(i) All platform dancing will be
performed on permanent secured
platforms as described above, and will
be in plain view of the entire audience.
No private or "Oone on one" dances
shall be allowed in plain view of the
entire audience only.
(m) No dancing shall occur closer than ten
(10) feet to any patron.
(n)(j) No dancer shall touch, fondle or
caress any portion of breasts, buttocks,
pubic region, or genital area, nor shall
she touch, fondle or caress any patron
and Nno patron shall fondle or caress
any dancer, or use any clothing or
inanimate object to do such.
(o) All dancers shall remain on their feet at
all times during their dance show or
routine.
(p)(k) Any pay or gratuity from any
patron shall only be placed in a garter,
worn for that purpose by a dancer on
their thigh, just above the knee.
(q)(l) No cameras of any type shall be
used by any patron.
(r)(m) If any portion or subparagraph
of this section or its application to any
person or circum‐ stance is held invalid
by a court of competent jurisdiction, the
remainder or application of other
persons or circumstances shall not be
affected
Sec. 6‐1‐4. Certain activities prohibited.
No person, firm, partnership, corporation or
other entity shall publicly display or expose or
suffer the public display or exposure, with less
than a full opaque covering, of any portion of a
person's genitals, pubic area or buttocks in a lewd
and obscene fashion.
Sec. 6‐1‐5. Permit and business tax certificate
required.
(a) It shall be unlawful for any person,
association, partnership or corporation
to engage in, conduct or carry on in or
upon any premises within Augusta any
of the adult entertainment
establishments defined in this Chapter
without a permit so to do. No permit so
issued shall condone or make legal any
activity thereunder if the same is
deemed illegal or unlawful under the
laws of the State of Georgia or the
United States.
(b) Any business, corporation or profession
operating as an adult entertainment
establishment as defined in this Chapter
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 adult
entertainment establishment shall be as
set forth in
§ 2‐1‐3(c).
LICENSE AND BUSINESS REGULATIONS
Sec. 6‐1‐6. Operation of unpermitted premises
unlawful.
It shall be unlawful for any person to operate an
adult bookstore, adult motion picture theater,
adult mini‐motion picture theater, adult hotel or
motel, adult motion picture arcade, cabaret,
encounter center, escort bureau or adult
business or adult dancing establishment unless
such business shall have a currently valid
Business Tax Certificate or shall have made
proper application for renewal within the time
required thereof under this Chapter, which
Business Tax Certificate shall not be under
suspension or permanently or conditionally
revoked.
Sec. 6‐1‐7. Admission of minors unlawful.
It shall be unlawful for a Business Tax Certificate
holder to admit or permit the admission of
minors within the permitted premises.
Sec. 6‐1‐8. Sales to minors unlawful.
It shall be unlawful for any person to sell, barter
or give or to offer to sell, barter or give to any
minor any service, material, device or thing sold
or offered for sale by an adult bookstore, adult
motion picture theater, adult massage parlor or
adult dancing establishment or other adult
entertainment facility.
Sec. 6‐1‐9. Location.
No adult entertainment establishments shall be
located in any zone other than one designated as
"LI" Light Industrial or "HI" Heavy Industrial
under the Comprehensive Zoning Ordinance for
Richmond County, as incorporated in the
Augusta‐ Richmond County Code, Title 8,
Chapter 5. In addition, no adult entertainment
establishment or use restricted hereunder shall
be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or
secondary school;
(3) A child care facility;
(4) A boundary of a residential district as
defined in the Comprehensive Zoning
Ordinance;
(5) A public park;
(6) A cemetery;
(7) The property line of a lot devoted to a
residential use as defined in the
Comprehensive Zoning Ordinance;
(8) Another sexually oriented business
which does not have a common
entrance with an already licensed or
exempted sexually oriented business; or
(9)(8) A governmental building or site,
which shall be defined as all public
building, parks, and recreational ar‐ eas
owned, operated or occupied by
Augusta.
(10)(9) Another sexually oriented
business.
(11)(10) Within the parameters of an
area designated as an Augusta
gateway/corridor in the
Corridor/Gateway Action Plan (2000), as
presently exist‐ ing or hereafter
modified, adopted by the Augusta‐
Richmond County Commission and on
file in the office of the Clerk of the
Commission. Gateways and Corridors
are defined as follows:
a. Gordon Highway/Doug Barnard
Parkway Gateway ‐ All property
located within 10500 feet of the
intersection of the centerlines of
these roadways;
b. I‐20/Riverwatch Parkway Gateway ‐
All property located within 21,000
feet of the intersection of the
centerlines of these roadways; and
c. Peach Orchard Road/Gordon
Highway Corridor ‐ All property
located within 10500 feet of the
centerline of the following
roadways; Peach Orchard Road from
Tobacco Road to Gordon Highway,
and Gordon Highway from Peach
Orchard Road to Walton Way.
(b) A person commits an offense if he causes or
permits the operation, establishment or
maintenance of more than one sexually
oriented business in the same building,
structure, or its portion, or the increase of
LICENSE AND BUSINESS REGULATIONS
floor area of any sexually oriented business
in any building, structure, or its portion,
containing another sexually oriented
business.
For the purposes of subsection (a) (1)
through (9) of this section,
measurement shall be made in a
straight line, without regard to
intervening structures or ob‐ jects,
from the nearest portion of the
building or structure used as a part of
the premises where a sexually
oriented business is conducted, to the
nearest property line of the premises
of a church or place of religious
worship, or public or private
elementary or secondary school, or to
the nearest boundary of an affected
public park, a cemetery, residential
district, residential lot or governmental
building or site.
(c) For purposes of subsection (a)(10) of this
section, the distance between any two
sexually oriented businesses shall be
measured in a straight linealong existing
right‐of‐way., without regard to
intervening structures or objects, from
the closest exterior wall of the structure
in which each business is located.
(d) Any sexually oriented business lawfully
operating as of January 1, 2003 that is in
violation of subsections (a), (b) or (c) of
this section shall be deemed a
nonconforming use. Such use will be
permitted to continue unless voluntarily
discontinued for a period of 30 days or
more. Such nonconforming uses shall
not be increased, enlarged, extended or
altered except that the use may be
changed to a conforming use. If two or
more sexually oriented business are
within 1,000500 feet of one another and
otherwise in a permissible location, the
sexually oriented business which was
first established and continually
operating at a particular location is the
conform‐ ing use and the later
established business is nonconforming.
(e) A sexually oriented business lawfully
operating as a conforming use is not
rendered a nonconforming use by the
location, subsequent to the grant or
renewal of the sexually oriented
business license, of a church or place of
religious worship, public or private
elementary or secondary school,
governmental building or site as defined
herein, cemetery, residential district or
residential lot or government build‐ ing
or site within 1,000 feet of the sexually
oriented business. This subsection
applies only to the renewal of a valid
license, and does not apply when an
application for a license is submitted
after a license has expired or has been
revoked.
(f) All locational requirements of this
section must be approved by the
Augusta License and Inspection
Department within 30 days from the
time the application is filed and
(g) Aall information required by this
Ordinance has been submitted to the
License and Inspection Department.
(h) Failure by the Augusta License and
Inspection Department to approve or
disapprove the location requirements
within 30 days from the time the
application is filed and all information
required by this Chapter has been
submitted, shall constitute a waiver of
this approval requirement.
(i) Upon approval or waiver of approval by
the Augusta License and Inspection
Department, the application shall be
submitted to the Augusta‐Richmond
County Commission for consideration
Sec. 6‐1‐10. Adult entertainment establishment
employees.
(a) Qualifications. Employees of an adult
entertainment establishment shall be
not be less than eighteen (18) years of
age. Every employee must be of good
moral character as defined in this
Chapter. Any employee who is convicted
LICENSE AND BUSINESS REGULATIONS
of a crime constituting a felony involving
sexual misconduct or drug trafficking or
a crime not a felony involving serious
sexual misconduct or drug trafficking
while employed as an adult
entertainment establishment employee
shall not thereafter work on any
permitted premises for a period of five
(5) years from the date of such
conviction, unless a longer time is
ordered by a court of competent
jurisdiction. The term convicted shall
include an adjudication of guilt on a plea
of guilty or nolo contendere or the
forfeiture of a bond when charged with
such a crime, and the terms employed
on the permitted premises and work on
any permitted premises shall include as
well work done or services performed
while in the scope of employment
elsewhere than on the permitted
premises.
(b) Approval for employment. Before any
per‐ son may work on a permitted
premises, he shall file a notice of his
intended employment on forms
supplied by the License and Inspection
Department and shall receive approval
of such employment from the License
and Inspection Department within 14
days of application. An investigation fee
of fifty dollars ($50.00) shall accompany
the notice of intended employment or a
receipt of the License and Inspection
Department evidencing the payment of
such fee at the time the notice is filed.
Upon approval or the failure of the
License and Inspection Department to
approve or deny within such fourteen
(14) day period, the employee may begin
working on the permitted premises. If
approval is denied, the prospective
employee may, within ten (10) days of
said denial, apply to Director of the
License and Inspection Department for a
hearing. The Director shall conduct the
requested hearing within ten (10) days
and shall approve or deny the requested
employment with five (5) days of the
hearing. Upon the failure of the Director
to approve or deny within such five (5)
day period, the employee may begin
working on the permitted premises. A
decision of the Director of the License
and Inspection Department denying
approval of employment may be
appealed to the Commission which shall
hear such appeal at its next regularly
scheduled meeting. The Commission
shall issue a decision on such appeal with
fourteen (14) days of the date of the
hearing on the appeal. Upon the failure
of the Commission to make a decision on
the appeal within said fourteen (14)
days, the employee may begin working
on the permitted premises. The decision
by the Commission, or a failure of the
Commission to make a decision within
the prescribed number of days, shall
constitute a full exhaustion of
administrative remedies, after which the
applicant may immediately seek judicial
relief in a court having proper
jurisdiction.
(c) Independent contractors. For the
purpose of this Chapter, independent
contractors shall be considered as
employees and shall be licensed as
employees, regardless of the business
relationship with the owner or Business
Tax Certificate holder of any adult
entertainment establishment.
Sec. 6‐1‐11. Application for permit.
(a) All applicants for a license to operate any
adult entertainment establishment shall
give notice of their intention to make
such application by advertisement in the
form prescribed by the director of the
Augusta License and Inspection
Department. Advertising as referred to
in this section means there shall be a
sign posted thirty (30) days prior to the
hearing of the application in a prominent
position on the property (i.e. front
window where it can be viewed from the
LICENSE AND BUSINESS REGULATIONS
road); also, all new permit applications
shall be required to advertise three (3)
times in the legal gazette before
applications are heard by the
Commission. Advertising in the legal
gazette shall be during the thirty‐day
period prior to the hearing of the
application by the Commission. Before
the application is presented to the
Commission, the applicant shall furnish
proof that the advertisement has been
completed as required hereinabove. Any
problems with securing the required
advertising should immediately be
brought to Augusta's attention. Augusta
shall then place the appropriate
advertisement on behalf of the
applicant, with the applicant being
responsible for all cost.
(b) Any person, association, partnership or
corporation desiring to obtain a permit
to operate, engage in, conduct or carry
on any adult entertainment
establishment shall make application to
the License and Inspection Department.
Prior to submitting such application, a
nonrefundable fee of $2500.00 shall be
paid to Augusta to defray, in part, the
cost of investigation, and reporting re‐
quired by this Chapter. The License and
Inspection Department shall issue a
receipt showing that such application
fee has been paid. The receipt or a copy
thereof shall be supplied to the
Commission at the time such application
is sub‐ mitted.
(c) The application for permit does not
authorize the engaging in, operation of,
conduct of or carrying on of any adult
entertainment establishment.
Sec. 6‐1‐12. Application contents.
Each application for an adult entertainment
establishment permit 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 eighteen (18) 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) If the applicant is a corporation, the
name of the corporation shall be set
forth exactly as shown in its articles of
incorporation or charter, together with
the place and date of incorporation, and
the names and addresses of each of its
current officers and directors. If the
applicant is a partnership, the applicant
shall set forth the name, residence
address and dates of birth of all
partners, except limited partners having
no rights to direct the day to day
operations of the business. If the
applicant is a limited partnership, it shall
furnish a copy of its certificate of limited
partnership filed with the appropriate
authority. If one or more partners is a
corporation, the provisions of this
Chapter pertaining to corporations shall
apply. The applicant corporation or
partnership shall designate one of its
officers or general partners to act as its
responsible managing officer. Such
LICENSE AND BUSINESS REGULATIONS
designated persons shall complete and
sign all application forms required of an
individual applicant under this Chapter,
but only one application fee shall be
charged;
(h) The names and addresses of the owner
and less or of the real property upon
which the business is to be conducted
and a copy of the lease or rental
agreement;
(i) The age and date of birth of the
applicant, of any partners, other than
limited partners without any right to
direct the day to day operations of the
business, or of any and all officers
and/or directors of the applicant if the
applicant is a corporation;
(j) If the applicant, manager or any
partners, officers, or directors of the
applicant if the applicant is a
corporation, have 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 dis‐
position, including any fine or sentence
imposed and whether terms of
disposition have been fully completed;
(k) If the applicant is a person doing
business under a trade name, a copy of
the trade name properly recorded. If the
applicant is a corporation, a copy of
authority to do business in Georgia,
including State of incorporation, trade
name affidavit, if any, last annual report,
if any;
(l) Address and tax parcel number of the
premises to be permitted;
(m) Whether the premises are owned or
rented and, if the applicant has a right to
legal possession of the premises, copies
of those documents giving such legal
right;
(n) A plat by a registered engineer, licensed
by the State of Georgia, showing the
location of the proposed premises in
relation to the neighborhood, the
surrounding zoning, its proximity to any
church, school, public park,
governmental building or site or other
business hereunder regulated,
demonstrating compliance with the
location requirements of this Chapter.
(o) Each application for an adult
entertainment establishment Business
Tax Certificate shall be verified and
acknowledged under oath to be true and
correct by:
(1) If the applicant is an individual, the
individual;
(2) If by a partnership, by the manager
or general partner;
(3) If a corporation, by the president of
the corporation;
(4) If any other organization or
association, by the chief
administrative official.
(p) 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 License and Inspection
Department within thirty (30) days.
Thus, if the identity of any manager,
officer, or director should change, or if
the information they are required to
disclose at the time of the application
should change, they shall report such
change to the Augusta Licensing and
Inspection Department within thirty (30)
days.
Sec. 6‐1‐13. Application; investigation.
After approval (or waiver of approval) by the
Augusta License and Inspection Department, the
Augusta‐Richmond County Commission shall
have fourteen (14) days to investigate the
application and the background of the applicant.
Upon completion of the investigation, the
Commission, at the next regularly scheduled
meeting following such fourteen (14) day period,
shall grant the permit if it finds:
(a) The required fee has been paid;
(b) The application conforms in all respects
LICENSE AND BUSINESS REGULATIONS
to the provisions of this Chapter;
(c) The applicant has not knowingly made a
material misrepresentation in the
application;
(d) The applicant has not had an adult
entertainment establishment permit or
other similar license or permit denied or
revoked for cause by the Augusta‐
Richmond County Commission, or by any
other county or city located in or out of
this state prior to the date of application
within the previous 12 months;
(e) The applicant is at least eighteen (18)
years of age;
(f) That the applicant, his or her employee,
agent, partner, director, officer, or
manager has not, within five (5) years of
the date of the application, knowingly al‐
lowed or permitted any of the specified
sexual activities as defined herein to be
committed or allowed in or upon the
pre‐ mises where such adult
entertainment establishment is to be
located or to be used as a place in which
solicitations for the specified sexual
activities as defined herein openly occur;
(g) That the proposed premises meets all of
the location requirements under section
6‐1‐9 of this Chapter;
(h) Failure by the Augusta‐Richmond
County Commission to approve or
disapprove an application within the
time provided in this Section shall
constitute a waiver of this approval
requirement. In such event a permit
shall be issued to the applicant.
Sec. 6‐1‐14. Reserved.
Sec. 6‐1‐15. Same—Nontransferable.
No adult entertainment establishment permit
may be sold, transferred or assigned by a permit‐
tee, 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.
Sec. 6‐1‐16. Change of location or name.
(a) No adult entertainment establishment
shall move from the location specified
on its permit until such change has been
approved by the Commission. Such
approval shall not be given unless all
requirements and regulations as
contained in the Augusta‐Richmond
County Code have been met.
(b) No permittee shall operate, conduct,
manage, engage in or carry on an adult
entertainment establishment under any
name other than his name and the name
of the business as specified on his
permit.
(c) Any application for an extension or
expansion of a building or other place of
business where an adult entertainment
establishment is located shall require
inspection and shall comply with the
provisions and regulations of this
chapter.
Sec. 6‐1‐17. Appeal; procedure.
(a) Upon an adverse decision by the
Augusta License and Inspection
Department, the applicant or the
Business Tax Certificate holder shall,
within ten (10) days after he has been
notified of an adverse determination,
submit a written notice of appeal to the
Augusta‐Richmond County Commission;
(1) The notice of appeal shall be
addressed to the Commission and
shall specify the subject matter of
the appeal, the date of any original
and amended application or
requests, the date of the adverse
LICENSE AND BUSINESS REGULATIONS
decision (or receipt of notice
thereof), the basis of the appeal, the
action requested of the Commission
and the name and address of the
applicant;
(2) The appeal shall be placed on the
agenda of the next regular meeting
occurring not less than five (5) nor
more than thirty (30) days after
receipt of the appeal;
(3) When an appeal is placed on the
Commission agenda, the Clerk shall
give the applicant reasonable notice
of hearing.
Sec. 6‐1‐18. Commission hearing of appeal.
Whenever an appeal is heard by the
Commission, the Commission shall receive all
relevant testimony and evidence from the
applicant or Business Tax Certificate Holder,
from interested parties and from Augusta's staff.
The Commission shall render a decision on the
appeal within 14 days of the hearing. Upon an
adverse decision by the Augusta‐Richmond
County Commission, such decision shall
constitute a full exhaustion of ad‐ ministrative
remedies and the applicant may exercise the
right to prompt judicial review by filing an action
with a court having proper jurisdiction. A failure
by the Commission to render a decision within
said fourteen (14) days shall constitute a
reversal, upon which a permit shall be issued.
Sec. 6‐1‐19. Rules of evidence inapplicable.
The Commission shall not be bound by the
traditional rules of evidence in hearings
conducted under this Chapter. The rules of
evidence as applied in an administrative hearing
shall apply.
Sec. 6‐1‐20. Violations; penalty.
Any person violating the provisions of this
Chapter shall be guilty of a misdemeanor,
punishable, by a fine not to exceed one two
thousand ($21,000.00) per violation or by
imprisonment. In addition to such fine or
imprisonment;
(a) Augusta is given full power to suspend, for
fifteen days, any permit issued under this
Chapter, where Augusta determines, upon
sufficient cause, that:
(1) The Business Tax Certificate Holder, or
its agents, officers, servants or
employees, maintains or continues to
maintain a nuisance on the licensed
premises.
(2) The licensed premises are unsanitary as
certified by the Richmond County Health
Department.
(3) The licensed premises are unsafe, as
certified by the Building Inspection
Department or by the Chief of the Fire
Department
(b) Before Augusta shall suspend a permit for
more than fifteen (15) days or revoke a
permit, Augusta shall furnish the permit‐ tee
a written statement, by certified or
registered mail or by personal service, of the
cause for suspension or revocation of the
license and the length of time of suspension.
(1) Augusta shall, within ten (10) days of
notification, seek judicial review of the
proposed decision in a court of
competent jurisdiction.
(2) The Business Tax Certificate Holder may
seek judicial review of the proposed
decision in a court of competent
jurisdiction at anytime after notification.
(3) Augusta shall have the burden of
demonstrating the validity of the
proposed suspension or revocation in
any judicial review, whether review is
brought by the applicant or Augusta.
(c) The permit shall be suspended if more than
three violations of this Chapter have been
committed during any ninety‐day period by
the permittee, or any officer, employee,
agent, servant, or independent contractor of
the permittee, if each violation was done
within such officers', employees', agents' or
servants' scope of employment and
authority of owner or permittee.
(d) The license shall be revoked if more than five
violations of this Chapter have been
committed during any one‐year period by
the licensee or any officer, employee, agent,
LICENSE AND BUSINESS REGULATIONS
servant or independent contractor of the
licensee.
(e) A suspension for more than 15 days or
revocation of a license shall not become
effective until approved by a trial court of
competent jurisdiction.
Sec. 6‐1‐21. Unlawful operation declared
nuisance.
Any adult entertainment establishment
operated, conducted or maintained contrary to
the provisions of this Chapter shall be and the
same is hereby declared to be unlawful and a
public nuisance. Augusta may, in addition to or
in lieu of prosecuting a criminal action
hereunder, commence an action or actions,
proceeding or proceed‐ ings for abatement,
removal or enjoinment thereof in the manner
provided by law. It shall take such other steps
and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate
or remove such adult entertainment
establishment and restrain and enjoin any
person from operating, conducting or
maintaining an adult entertainment
establishment contrary to the provisions of this
Chapter.
Sec. 6‐1‐22. Cleaning of permitted premises.
Each permitted premises shall be maintained in
a clean and sanitary condition and shall be
cleaned at least once daily and more frequently
when necessary. This activity shall be supervised
by the person in charge of the permitted
premises. There shall be provided adequate
facilities, equipment and supplies on the
permitted premises to meet this requirement,
and adequate ventilation and illumination shall
be provided to permit thorough, complete
cleaning of the entire permitted premises. Trash
and garbage shall not be permitted to
accumulate or to become a nuisance on or in the
immediate vicinity of the permitted premises but
shall be disposed of daily or as often as
collections permit.
Sec. 6‐1‐23. Self‐inspection of permitted
premises.
The Business Tax Certificate holder of a
permitted premises or his designated
representative shall make sanitary inspections of
the permitted premises at least once a month
and shall record his findings on a form supplied
by the License and Inspection Department. Each
permitted premises shall post and maintain in a
readily accessible place a schedule for
maintaining the sanitation of the premises.
Sec. 6‐1‐24. Sealing for unsanitary or unsafe
conditions.
A permitted premises or any part thereof may be
sealed by order of Court, when the Director of
the License and Inspection Department finds a
violation of this Chapter resulting in an
unsanitary or unsafe condition as determined by
the Richmond County Health Department or the
application of the Technical Codes enumerated
in Augusta‐Richmond County Code section 7‐1‐
16 and petitions the Court for said order. The
License and Inspection Department shall affix to
the sealed premises a conspicuous sign labeled
Unclean or Unsafe as the case may be.
Sec. 6‐1‐25. Abatement as sanitary nuisance.
A permitted premises or any part thereof may be
abated as a sanitary nuisance.
Sec. 6‐1‐26. Obscene devices not permitted.
Nothing contained in this Chapter shall in any
way be construed to authorize, license or permit
any machine or device which exhibits or allows
viewing of photographs or moving pictures, of an
obscene nature, or authorize, license or permit
the display or sale of any other obscene material
prohibited by law or the ordinances of Augusta,
the State of Georgia, or the United States.
Sec. 6‐1‐27. Severability.
In the event that any section, subsection, clause,
phrase or portion of this ordinance is held illegal,
invalid, or unconstitutional in a court of proper
jurisdiction, such holding shall not affect the
validity of the remainder of this Chapter
Public Service Committee Meeting
11/29/2022 1:00 PM
Adult Entertainment Ordinance: Proposed Changes
Department:Planning & Development
Presenter:Carla Delaney or Department Designee
Caption:Per the Augusta Commission on November 1, 2022, Planning and
Development was to review applicable County Codes and Ordinances
regarding potential updates to the Adult Entertainment requirements.
Background:At the direction of the Augusta Commission on November 1, 2022,
Planning and Development was instructed to review applicable County
Codes and Ordinances regarding updates to the Adult Entertainment
requirements.
Analysis:The County Code of Ordinances, Alcohol Ordinance and Zoning
Ordinance have been reviewed by Planning and Development. Upon
further review, no changes to the Alcohol Ordinance are being proposed.
Financial Impact:NA
Alternatives:The ordinances stay the same.
Recommendation:
Funds are Available in
the Following
Accounts:
NA
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission