The URL can be used to link to this page

Home My WebLink About2018-05-01 Meeting MinutesCommission Meeting Agenda Commission Chamber - 5/1/2018 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Absent: Hon. Guilfoyle, member of Augusta Richmond County Commission. INVOCATION: Reverend Rufus Copeland, Pastor Gardner Grove Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Dr. Ronald P. Nurse, PhD, regarding the Doctor Nurse Hospital introducing HIV prevention and transitional housing. Item Action: None Dr._Ronald_D._Nurse_PhD.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Dr. Nurse did not appear before the Commission. B. Mayor Gregory A Carswell, Jr., City of Waynesboro, Georgia regarding the City of Waynesboro's gratitude for Augusta's assistance during their recent water crisis. Item Action: None Mayor_Greg_Carswell.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mayor Gregory Carswell of Waynesboro. CONSENT AGENDA (Items 1-22) PUBLIC SERVICES 1. Motion to approve 2018 Transportation Security Clearinghouse Service Agreement. (Approved by Public Services Committee April 24, 2018) Item Action: Approved AGS_AAAE_Agreement_03.2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner Dennis Williams Passes 2. Motion to approve New Applicant: A.N. 18-14: request by John David Wier for an on premise consumption Liquor, Beer & Wine License to be used in connection with Noble Jones, LLC located at 816 Cotton Lane. District 1. Super District 9. (Approved by Public Services Committee April 24, 2018) Item Action: Approved Noble_Jones_A.N.14.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 8-0. Commissioner William Fennoy Commissioner Dennis Williams Passes 3. Motion to approve New Applicant: A.N. 18-15: request by Samrat K. Brahmbhatt for a retail package Beer & Wine License to be used in connection with Sawa Kendra, LLC dba Split Stop 2161 located at 2161 Gordon Highway. District 5. Super District 9. (Approved by Public Services Committee April 24, 2018) Item Action: Approved Sawa_Kendra_LLC_A.N.15.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 8-0. Commisioner Sean Frantom Commissioner Grady Smith Passes 4. Motion to approve New Ownership Application: A.N. 18-16: request by Samrat K. Brahmbhatt for a retail package Beer & Wine License to be used in connection with Sawa Kendra LLC dba Split Stop 1200 located at 1200 Interstate Pkwy. District 3. Super District 10. (Approved by Public Services Committee April 24, 2018) Item Action: Approved Sawa_Kendra_LLC_A.N.16.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 8-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 5. Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include additional definitions, amendments to comply with State regulations, and amendments for regulating brewpubs, breweries, and distilleries. (Approved by Public Services Committee April 24, 2018) Item Action: Approved ALCOHOL_ORDINANCE_AMENDMENTS__20180411.docx ALCOHOL_ORDINANCE__amended__20180411.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 8-0. Commisioner Sean Frantom Commissioner Mary Davis Passes 6. Motion to approve a request by Tera Ashley Montroy for a Massage Operator's License on an Outcall Basis to used in connection with Massage etceTERA located at 2525 Centerwest PKWY APT 7G. District 7. Super District 10. (Approved by Public Services Committee April 24, 2018) Item Action: Approved Massage_etceTERA.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 8-0. Commisioner Sean Frantom Commissioner Grady Smith Passes 7. Motion to approve Bid Item #18-121, Mobile Stage for Augusta Recreation and Parks Department, to Century Industries for $189,324. (Approved by Public Services Committee April 24, 2018) Item Action: Approved bid_acceptance_18-121_gparker.pdf 18-121_ITB_-_SENT_TO_PAPER.pdf 18-121_OFFICAL_TAB.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Commissioner Sammie Sias Commissioner Dennis Williams Passes Fennoy out. Motion Passes 6-0 -1. ADMINISTRATIVE SERVICES 8. Motion to approve Fleet Management Department request to replace 7 - Road Patrol, 4 - Traffic, 2 - Administration, 1- Community Services, 1- Training Range and 1 - Civil & Fugitive vehicles within the Sheriff’s Office using Capital Outlay funds. Akins Ford Corp. Bid Item 18-123 (Approved by Administrative Services Committee April 24, 2018) Item Action: Approved Eval_-_2018_Sheriff_Added.docx Tab_Sheet_-_Dodge_Charger.pdf RCSO_DEMOGRAPHICS.docx Advertisement_for_Newspaper.pdf Mail_List_and_Demandstar_Planholders.pdf Recommendation_Letter_from_Department.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Sammie Sias Commissioner Dennis Williams Passes 9. Motion to approve the purchase one non-CDL required dump truck for the Utilities Department, Construction and Maintenance Division. Fleetcare Commercial, Bid 17-188 (Approved by Administrative Services Committee April 24, 2018) Item Action: Approved FleetCare.pdf Tab_Sheet-Dump_Truck.pdf 17-188_ITB_to_Paper.pdf 17-188_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Sammie Sias Commissioner Dennis Williams Passes 10. Motion to approve award of contract for the replacement of the Webster Detention Center's Kitchen and Laundry HVAC to Gold Mech Inc. of Augusta in the amount of $165,295.00 utilizing competitive Bid Item #18- 138. (Approved by Administrative Services Committee April 24, 2018) Item Action: Approved Department_Recommendation_of_Award.pdf Tab_Sheet.pdf 18-138_Mandatory_Pre_Bid.pdf Mail_List_.pdf Compliance_Info.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Sammie Sias Commissioner Dennis Williams Passes 11. Motion to approve award to install a Sump Sweeper Filtration System on the existing cooling tower at the Augusta Judicial Center to Contract Management of Augusta for $60,050.00. Bid Item 18-136. (Approved by Administrative Services Committee April 24, 2018) Item Action: Approved 18-136_ITB_-_SENT_TO_PAPER.pdf 18-136_Official_Tab.pdf 18-136_Department_Recommendation_of_Award.pdf 18-136_MPB.pdf Mail_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Sammie Sias Commissioner Dennis Williams Passes 12. Motion to approve award of contract for the Augusta Probate Court Lobby Renovations to Sommers Construction in the amount of $170,000.00. (Bid 18-156) (Approved by Administrative Services Committee April 24, 2018) Item Action: Approved 18-156_ITB_to_Paper_Revision.pdf 17-156_Official.pdf 18-156_MPB.pdf 18-156_Department_Recommendation_of_Awaard..pdf Mail_List_and_Demandstar_Planholders.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Sammie Sias Commissioner Dennis Williams Passes PUBLIC SAFETY 13. Motion to approve deposit of check from GEMA in the amount of $5,905.00 into Augusta, GA. account and issue a check made payable to LEPC in the amount of $5,905.00 for the reimburse of funds expended in operations. (Approved by Public Safety Committee April 24, 2018) Item Action: Approved reimbursement_check_from_GEMA.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Dennis Williams Passes 14. Motion to approve Revised Fee Schedule for CSRA Probation Contract. (Originally Approved by Commission on December 19, 2017) (Approved by Public Safety Committee April 24, 2018) Item Action: Approved Original_Probation_Contract.pdf Probation_Contract_with_Revision_and_Cover_Letter.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Dennis Williams Commissioner Mary Davis Passes 15. Motion to approve reimbursement to Richmond County Board of Education, Augusta University Medical Center, and Richmond County Health District for shelter operations during the evacuations caused by Hurricane Irma and to reimburse Animal Services, Augusta Transit, and Richmond County Sheriff’s Office, for their assistance and to authorize the Accounting Department to issue reimbursement checks and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee April 24, 2018) Item Action: Approved chatham_county_invoice_and_che.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes FINANCE 16. Motion to approve a request from the Daniel Field General Aviation Commission, DNL GAC, for an increase in the operating budget of the Daniel Field Airport in the amount of $79,000. Please note that the Daniel Field Airport is an enterprise fund. (Approved by Finance Committee April 24, 2018) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes ENGINEERING SERVICES 17. Motion to approve adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 2, 2018. (Approved by Engineering Services Committee April 24, 2018) Item Action: Approved LOMR_17-04-3443P.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes 18. Motion to approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. (Approved by Engineering Services Committee April 24, 2018) Item Action: Approved ROW_Application_2017.docx Dump_Application_2017.docx GA_EPD_Tire_Abatement_Guidelines_032117.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes 19. Motion to approve engineering for N. Max Hicks Water Treatment Plant Reservoir Dam Improvements. The Safe Dams Program has provided direction on repairs and improvements that need to be made and is requiring that those improvements be completed by April 19, 2019. We would like to move forward with this work as quickly as possible to ensure we can complete it ahead of the deadline. (Approved by Engineering Services Committee April 24, 2018) Item Action: Approved Sole_Source_Information_Cranston.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes 20. Motion to approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. (Approved by Engineering Services Committee April 24, 2018) Item Action: Approved ES_ORIDNACE-2018_Revisions_Summary_Table.pdf Soil_Erosion_Ordinance-Revised_2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams not voting. Mr. Frantom and Mr. Fennoy out. Motion Passes 6-0 -1. Commissioner Mary Davis Commissioner Grady Smith Passes PETITIONS AND COMMUNICATIONS 21. Motion to approve the minutes of the regular meeting of the Augusta Commission held April 17, 2018 and Special Called Meeting held April 24, 2018. Item Action: Approved Regular_Commission_Meeting_April_17_2018.pdf Called_Commission_Meeting_April_24_2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with corrections. Mr. M. Williams not voting. Mr. Frantom and Mr. Commissioner Mary Davis Commissioner Grady Smith Passes Fennoy out. Motion Passes 6-0 -1. APPOINTMENT(S) 22. Motion to approve the appointment of Ms. Tameka L. Jones to the Personnel Board representing District 3. Item Action: Approved Tameka_L_Jones.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commissioner Ben Hasan Commissioner Dennis Williams Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/1/2018 AUGUSTA COMMISSION REGULAR AGENDA 5/1/2018 (Items 23-30) PUBLIC SERVICES 23. Ms. Tonya Bonitatibus requesting the City of Augusta move forward with hiring McLaughlin Group to create concept drawings for the Whitewater Center included in Destination Blueprint adopted by the city on June 6, 2017. (No recommendation from Public Services Committee April 24, 2018) Item Action: Approved CVB_Destination_Blueprint_approved_6.6.17.pdf Tonya_Bonitatibus_4.24.18_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the concept of creating a whitewater center on the River and to task the Administrator and General Counsel to bring back at the next meeting a contract with the McLaughlin Group to address a holistic approach for river recreational actitivies. Motion Passes 9-0. Commissioner Sammie Sias Commisioner Sean Frantom Passes ADMINISTRATIVE SERVICES 24. Discuss lack of response and receive explanation from General Counsel MacKenzie regarding call back requests that are made to him and his Senior Staff Attorney Smitherman that are only returned to certain commissioners and not others. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Commissioner Marion Williams Commissioner Grady Smith It was the consensus of the Commission that this item be received as information. PUBLIC SAFETY 25. Discuss contract negotiations with ambulance companies to provide service to the ARC. (Requested by Commissioner Marion Williams) Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result No action was taken on this item due to the lack of a quorum. 26. Update from staff on what triggered/caused and who authorized stationing a Fire Department Emergency Medical Technician (EMT) in the commission chamber during commission meetings. (Requested by Commissioner Marion Williams) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. Frantom and Mr. Fennoy out. Voting No: Commissioner Marion Williams. Motion Passes 6-1. Commissioner Dennis Williams Commissioner Grady Smith Passes 27. Update on the status of Augusta’s efforts to follow through with the Commission’s directive to pursue re-opening of the EMS Zone through the Region VI EMS Council. (Requested by Commissioner Marion Williams) Item Action: Approved Attachment_1_-_Zoning_Process_4.10.18.pdf Attachment_2_-_Regional_Emergency_Medical_Services_Council_Bylaws_4.10.18.pdf Attachment_3_-_Chronology_of_Events_4.10.18_EMS.pdf Attachment_4_-_October_10_2017_Called_Meeting_4.10.18.pdf Attachment_5_-_October_30_2017_Mayor_s_Letter_to_Region_VI_EMS_Council_4.10.18.pdf Attachment_6_-_November_21_2017_Regular_Meeting.pdf Attachment_7_-_March_29_2018_EMS_Zoning_Committee_Meeting_Agneda.pdf Attachment_8_-_March_29_2018_EMS_Presentation.pdf Attachment_9_-_March_29_2018_911_notes.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. Frantom and Mr. Fennoy out. Voting No: Commissioner Marion Williams. Motion Passes 6-1. Commissioner Ben Hasan Commissioner Dennis Williams Passes FINANCE 28. Presentation by Ms. Belinda Johnson regarding a tax matter involving the Tax Commissioner's Office concerning property in her grandfather's estate in the name of Johnny M. Taylor at 2485 Dublin Drive. (No recommendation from Finance Committee April 24, 2018) Item Action: Approved Belinda_Johnson.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Mary Davis Passes ADMINISTRATOR 29. Presentation from Augusta University Marketing 3750 Class—Event Planning and Production. Item Action: Approved Agenda_Item_-_AU_Marketring_Presentation_Bridging_the_Gap_April_24_2018.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Commissioner Ben Hasan Commissioner Grady Smith No action is taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to refer this item to the Recreation Department to come back with some concrete plans for the execution of this event. Motion Passes 9-0. Commissioner Sammie Sias Commissioner Andrew Jefferson Passes 30. Motion to approve an amendment to the Professional Services Agreement with Janice Welch Osei to assist in the Office of the Administrator. Item Action: Rescheduled Osei_-Agreement_Amendment.pdf Amendment_to_Osei_-_Professional_Services_Agreement.pdf Osei_-_Professional_Services_Agreement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to approve referring this item to the Administrative Services Committee for further discussion. Voting No: Commissioner William Fennoy. Motion Passes 8-1. Commissioner Andrew Jefferson Commissioner Ben Hasan Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve. Voting No: Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Andrew Jefferson, Commissioner Grady Smith, Commissioner Marion Williams. Motion Fails 3-6. Commissioner Sammie Sias Commissioner William Fennoy Fails LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 31. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 5/1/2018 2:00 PM Invocation Department: Department: Caption:Reverend Rufus Copeland, Pastor Gardner Grove Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Address: Telephone Numbler: Fax Number: _ E-Mail Address: /7 Please send this request form Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 to the following address: Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-MaiI Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 5/1/2018 2:00 PM Dr. Ronald P. Nurse, PhD Department: Department: Caption:Dr. Ronald P. Nurse, PhD, regarding the Doctor Nurse Hospital introducing HIV prevention and transitional housing. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. ommNs ion/Committee: (Please check one and insert meeting date)C Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Mayor Gregory A Carswell Jr, City of Waynesboro, GA Address: 628 Myrick Ct., Waynesboro, GA Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: Recognize Mayor Hardie Davis and the City of Augusta Richmond County for their help and support during what could have been a worse event then it was if we did not have the help of the surrounding communities in the CSRA. Please send this request form to Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 the following address: Telephone Number: Fax Number: E-Mail Address: 706-821-1820 706-821-1838 nmorawski@augustaga. gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no later than 9:00 a.m. on the Thursday preceding the Commission or Committee meeting of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 5/1/2018 2:00 PM Mayor Gregory A Carswell Department: Department: Caption:Mayor Gregory A Carswell, Jr., City of Waynesboro, Georgia regarding the City of Waynesboro's gratitude for Augusta's assistance during their recent water crisis. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM 2018 Transportation Security Clearinghouse Services Agreement Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve 2018 Transportation Security Clearinghouse Service Agreement. (Approved by Public Services Committee April 24, 2018) Background:The AAAE Clearinghouse provides services to the Airport which includes a management system to track and monitor application-based commercial ground transportation transacting business (Transportation Network Companies such as Rasier/Uber and Lyft) to, on, or from Airport property to the Airport. The term of the contract is 24 months. Analysis:The AAAE management system provided by the Clearinghouse assists the Airport in monitoring, tracking and auditing activity of application-based commercial ground transportation transacting (ABCT) providers such as Uber and Lyft. The system provides the Airport with real time data of these companies when they are operating on Airport property. The Clearinghouse will retain five percent (5%) of the monies collected and received by the Clearinghouse from the ABCT Providers(Uber, Lyft, etc.) to be paid to the Airport. Financial Impact:The Clearinghouse will retain five percent (5%) of the monies collected and received by the Clearinghouse from the ABCT Providers to be paid to the Airport. Alternatives:Not to approve Recommendation:To approve Funds are Available in the Self Generated from the TNC Companies Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Applicant: A.N. 18-14: request by John David Wier for an on premise consumption Liquor, Beer & Wine License to be used in connection with Noble Jones, LLC located at 816 Cotton Lane. District 1. Super District 9. (Approved by Public Services Committee April 24, 2018) Background:This is a New Applicant. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,445.00 Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Applicant: A.N. 18-15: request by Samrat K. Brahmbhatt for a retail package Beer & Wine License to be used in connection with Sawa Kendra, LLC dba Split Stop 2161 located at 2161 Gordon Highway. District 5. Super District 9. (Approved by Public Services Committee April 24, 2018) Background:This is a New Applicant. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 18- 16: request by Samrat K. Brahmbhatt for a retail package Beer & Wine License to be used in connection with Sawa Kendra LLC dba Split Stop 1200 located at 1200 Interstate Pkwy. District 3. Super District 10. (Approved by Public Services Committee April 24, 2018) Background:This is a New Ownership Application. Formerly in the name of Marion Koger. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development Office approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-5, SECTION 6-2-7, SECTION 6-2-14, SECTION 6-2-19, SECTION 6-2-26, SECTION 6-2-51, SECTION 6-2-53, AND SECTION 6-2-67; SO AS TO PROVIDE ADDITIONAL DFINITIONS, DESIGNATE ADDITIONAL PUBLIC AREA, PROVIDE FOR REPORTING REQUIREMENTS TO THE DEPARTMENT OF REVENUE, HOURS OF SALE, CLARIFYING MINIMUM AGE REQUIREMENT FOR EMPLOYMENT, ADDING ALCOHOL LICENSE CLASSIFICATIONS, ADDING LICENSING REQUIREMENTS FOR BREWERIES AND DISTILLERIES, AND ADDING LICENSING FEES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE A PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-2, is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-5, is hereby amended by deleting this section in its entirety, AND new Section 6-2-5 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-7, is hereby amended by deleting this section in its entirety, AND new Section 6-2-7 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-14, is hereby amended by deleting this section in its entirety, AND new Section 6-2-14 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-19, is hereby amended by deleting this section in its entirety, AND new Section 6-2-19 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 6. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-26, is hereby amended by deleting this section in its entirety, AND new Section 6-2-26 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 7. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-51, is hereby amended by deleting this section in its entirety, AND new Section 6-2-51 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 8. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-53, is hereby amended by deleting this section in its entirety, AND new Section 6-2-53 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 9. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-67, is hereby amended by deleting this section in its entirety, AND new Section 6-2-67 is hereby inserted to replace the repealed section as set forth in “Exhibit A” hereto. SECTION 10. This ordinance shall become upon adoption. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2018. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ WAIVE SECOND READING “EXHIBIT A” Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (a) Alcohol. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including, but not limited to, distilled spirits, beer, malt beverage, wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department, including the buildings and the surrounding property or campus directly incorporated into such use. (d) Bar/ Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. (e) Beer. Any alcoholic beverage obtained by the fermentation of barley, malt, hops, or any other similar product, or any combination of such product in water containing not more than 6% alcohol by volume, and including ale, porter brown style lager beer, small beer, and strong beer. (e) Beer. Malt beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water containing not more than fourteen percent (14%) Alcohol by volume and including ale, porter, brown, stout, lager beer, and strong beer. This term does not include sake, known as Japanese rice wine. (f) Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (g) Brewpub shall mean a restaurant that produces a limited quantity of an alcoholic malt beverage for on- site consumption with incidental sales to the public as carryout and is consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Such use must be connected to public water and sewer. (h) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (i) Church: A permanent building owned and operated exclusively by a religious organization and publicly designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (j) Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (k) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department, or any designated representative thereof. (l) Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (m) Distributor shall mean the manufacturer’s direct point of contact for prospective buyers of certain products. (n) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, within the limits of Augusta, Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area; Restaurants (eating establishments) as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b) Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (o) Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (p) Fortified Wines shall mean any alcoholic beverage containing more than twenty-one percent (21%) Alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (q) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (r) Hotel: A building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. (s) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the “Housing Authorities Law”. (t) Liquor. Distilled spirits, which means any alcoholic beverage obtained by distillation or containing more than 21% alcohol by volume, including but not limited to all fortified wines. (u) Liquor Store shall mean a retail outlet for the purpose of the sale of alcoholic beverages to include beer, wine and spirits. (v) Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (w) Main entrance door/ front door means the principal entrance by which access may be obtained to the operational area of a structure. (x) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (y) Nightclub shall mean an established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business) and which also may provide live entertainment. (z) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (aa) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. (No restaurant component) (bb) Off-premises consumption. The sale of alcoholic beverages in unbroken packages for consumption in a location other than the licensed premises. (cc) On-premises consumption. The sale of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (dd) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (ee) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. Such use must be connected to public water and sewer. (No restaurant component) (ff) Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (gg) Package. A bottle, can or other original consumer container. (hh) Private club means any nonprofit corporation or association organized under the laws of this state which: (1) Has been in existence at least one year prior to filing an application for a license; (2) Has at least 75 regular dues-paying members; and (3) Owns, hires or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; b. Is staffed with a sufficient number of employees for cooking, preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time. (ii) Restaurant: An established place of business: (1) Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2) Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3) Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4) Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5) Which serves food during all hours of operation. (6) Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52, provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (3) of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-2(w)(7) of the Augusta, Georgia Code." and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (jj) Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises, only to consumers and not for re-sale. (z) St. Patrick’s Day holiday period means March 16 through March 18 of each year. DELETED (kk) Wine. Any alcoholic beverage containing not more than 21% alcohol by volume, made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (ll) Wholesaler shall mean person or firm that buys large quantities of goods from various producers and resells them to retailers. (mm) Wine Tasting as regulated under Georgia State Alcohol regulations Section 560-2-9-.01, and Section 6-2-77 of the Augusta, Georgia Alcohol Ordinance. An application for a Wine Tasting in an establishment with a current Retail Wine License shall be approved by the Director of Planning & Development. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Sec. 6-2-5. Consumption at parks, playgrounds, public streets and public areas owned or operated by Augusta. (a) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in and on any public park, playground, or building thereon, or other public area, owned or operated by Augusta, at any time whatsoever, with the exception of Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, Augusta Canal National Heritage Area, Daniel Field Airport or any other recreational facility or property owned, controlled, or maintained by Augusta, except in accordance with subsection (b), (c), (d) and (e) below, or otherwise provided by the Augusta-Richmond County Code or Georgia law. (b) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia, and the Director of the Recreation Department, when alcoholic beverages are served or consumed at Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, or any other recreational facility or property owned, controlled, or maintained by Augusta. (c) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Director of Riverwalk, when alcoholic beverages are served or consumed at Augusta Common or the 8th Street Plaza. (d) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Augusta Canal Authority when alcoholic beverages are served or consumed at Augusta Canal National Heritage Area. (e) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Daniel Field General Aviation Commission when alcoholic beverages are served or consumed at Daniel Field. (f) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in an open container, cup, or glass, on any public street, sidewalk, alley, or other public area, owned or operated by Augusta, at any time whatsoever, except in accordance with subsection (b),(c), (d) and (e) above, or otherwise provided by the Augusta-Richmond County Code or Georgia law. Sec. 6-2-7. Notice to Augusta-Richmond County and Georgia Department of Revenue of Revenue of disciplinary action against licensee. (a) Disciplinary action as used herein means any action taken by any municipal, county, state, or federal agency against the licensee, his employees, or his place of business, including, but not limited to: (1) Arrest by local, state, or federal authorities of the licensee or of any of his employees. (2) Citations issued by local, state, or federal authorities, to the licensee or any of his employees. (3) Indictments, presentments, or accusations in any local, state, or federal courts against the licensee or any of his employees. (4) Conviction of, or penalties imposed pursuant to a plea of nolo contendere or non-vult against, the licensee or any of his employees in any local, state, or federal court. (5) Penalties imposed by any regulatory agency against the licensee or any of his employees. (6) Any other written charges or reprimands by local, state, or federal authorities. (b) Any licensee who has any disciplinary action taken against him or his employees by any authority, either municipal, county, state or federal, shall notify the Augusta-Richmond County Commission in writing within forty-eight (48) hours of such action, and of the disposition of any charges or the time and place where such charges will be heard. Any licensee who fails to so notify the Commission within the prescribed time may be cited before the Commission to show cause why his license shall not be suspended or revoked. Notice shall be sent to the Commission, c/o Director of Planning and Development, P.O. Box 9270, Augusta, Georgia 30906. (c) Reporting requirements for Alcohol Licensees and Municipal Governments. (1) Within 45 days of any disciplinary action, the licensee shall notify the Department of Revenue of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the Department of Revenue. (2) The State Revenue Commissioner may impose a fine not to exceed $750.00 for each instance of non-reporting. A second or subsequent instance of non-reporting which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person’s license. (3) The Planning & Development Department shall report any disciplinary action to the Department of Revenue within 45 days of any officer, department, or agency taking such disciplinary action. Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4) No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. Sec. 6-2-19. Furnishing to minors - Prohibited. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one (21) years of age; (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under twenty-one (21) years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the sale, purchase or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2) At a religious ceremony; or (3) In the home of the parent or guardian, with the parent or guardian present. (c) The prohibition contained in paragraph (1) of subsection (a) of this section shall not apply with respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, the term proper identification means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and including, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec. 40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. (d) If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one (21) years of age from: (1) Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishment restaurant as defined in Section 6-2-2. (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment restaurant as defined in Section 6-2-2. (e) Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall employ any individual under the age of 21, or allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-26. Employment of persons under eighteen years of age prohibited. (a) In establishments holding a license permitting the sale of alcoholic beverages for on-premises consumption that do not prohibit individuals under the age of 21 from entering, no person shall allow or require a person in his employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b) This section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets, convenience stores, breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-51. License required. (a) No alcoholic beverage may be sold, possessed for sale, or distributed in Augusta-Richmond County, other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b) Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewery, Manufacturer of Malt Beverages (8) Class H: Brewpub Operator (9) Class I: Micro Brewery (10) Class J: Nano Brewery (11) Class K: Pico Brewery (12) Class L: Distillery (13) Class M: Nano Distillery (14) Class N: Pico Distillery (15) Wholesale Beer (16) Wholesale Wine (17) Wholesale Liquor (18) Sunday Sales Sec. 6-2-53. Licenses for brewpub, brewery, micro brewery, nano brewery and pico brewery; Licenses for distillery, nano distillery, and pico distillery . 1. Licenses for brewpub, brewery, micro brewery, nano brewery and pico brewery; Required. No individual shall be permitted to own or operate a brewery, micro brewery, nano brewery, pico brewery or brewpub without first complying with Zoning regulations, obtaining a proper license from the Augusta-Richmond County Commission, and paying the Occupation Tax. Each brewery and brewpub license holder shall comply with all other applicable federal, state and local license requirements. A) Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36, for retail consumption on the premises and solely in draft form. As used herein, the term eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty percent (50%) of its total annual gross food and beverages sales from the sale of prepared meals or food on premises. (a) A brewpub license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form; and on the licensed premises not more than 10,000 barrels of malt beverages in a calendar year solely for retail sale. ii). Sell up to a maximum of 5,000 barrels annually of such malt beverages to licensed wholesale dealers. iii). Sell retail up to 64 ounces per person per day of draft beer brewed on site at the brewpub for off-premise consumption. iv). Operate an eating establishment, that shall be the sole retail outlet for the sale of such beer, and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under licenses issued by the Augusta- Richmond County Commission, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license an on premise consumption license for liquor, beer and wine for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages, not produced on the premises, by the package for consumption off the premises. (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises of a brewpub. (e) A brewpub licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. B) Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. The applicant for a brewery license shall comply with Section 6-2-53 (a). (a) A brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises malt beverages for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. C) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year. (a) A micro brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 15,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A micro brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. D) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year. (a) A nano brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 3,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A nano brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. E) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year. (a) A pico brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 500 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A pico brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. 2. Licenses for distillery, nano distillery, and pico distillery. Required. No individual shall be permitted to own or operate a distillery, nano distillery or pico distillery without first complying with Zoning regulations, obtaining a proper license from the Augusta-Richmond County Commission, and paying the Occupation Tax. Each distillery, nano distillery or pico distillery license holder shall comply with all other applicable federal, state and local license requirements. A) Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. B) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year. (a) A nano distillery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 500 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii). Sell up to 3 bottles (750 ml) per person per day of the distilled spirits produced on site for off-premise consumption. (b) A nano distillery licensee shall: i). Pay all federal, state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law, Georgia law and the Ordinances of Augusta- Richmond County. C) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year. (a) A pico distillery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 100 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii).Sell up to 3 bottles (750 ml) per person per day of the distilled spirits produced on site for off-premise consumption. (b) A pico distillery licensee shall: i). Pay all federal, state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii. Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law, Georgia law and the Ordinances of Augusta- Richmond County. 3. Hours of Sale: On-Premise Consumption and Off-Premise Consumption See Section 6-2-14 and 6-2-15. Sec. 6-2-67. License fee. (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b) Amount. Each applicant shall pay a license fee as set out herein: (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Retail and Wholesale: Fee (1) Class A: Consumption on-premises beer $625.00 - $665.00 (2) Class B: Retail beer $665.00 (3) Class C: Consumption on-premises wine $625.00 - $665.00 (4) Class D: Retail wine $665.00 (5) Class E: Consumption on-premises liquor $3,115.00 - $3,330.00 (6) Class F: Retail liquor $3,330.00 (7) Class G: Brewery, Manufacturer of Malt Beverages $665.00 $1,000.00 (8) Class H: Brewpub Operator $665.00 $1,000.00 (9) Class I: Micro Brewery $1,000.00 (10) Class J: Nano Brewery $1,000.00 (11) Class K: Pico Brewery $1,000.00 (12) Class L: Distillery $1,500.00 (13) Class M: Nano Distillery $1,500.00 (14) Class N: Pico Distillery $1,500.00 (15) Wholesale liquor $6,050.00 (16) Wholesale beer $665.00 (17) Wholesale wine $135.00 (18) Sunday sales $1,245 - $1,330.00 (19) Alcohol Catering $340.00 - $365.00 $365.00 (flat fee) (20) Second Alcohol License $625.00 - $665.00 Restaurants and Bars (On-premise consumption) Occupancy Load / Fee 1 – 100 101 – 200 201 – 300 301+ Beer $625 $635 $650 $665 Wine $625 $635 $650 $665 Liquor $3115 $3175 $3235 $3330 Sunday Sales $1245 $1270 $1295 $1330 Alc. Catering $340 $345 $355 $365 Second Alcohol Lic. $625 $635 $650 $665 Sunday Sales Single $250 $275 $300 $325 Event Restaurant and Bars (c) Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half (1/2) of the full license fee shall be paid for a license issued after July 1 of the license year. (d) Refund. In case of the revocation or surrender of such license before the expiration of the calendar year, the holder thereof shall not be entitled to receive any refund whatsoever. LICENSE AND BUSINESS REGULATIONS 1 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Chapter ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Sec. 6-2-1. Purposes. This Chapter has been enacted in accordance with a plan designed for the purposes, among others, of promoting the health and general welfare of the community, to establish reasonable and ascertainable standards for the regulation and control of the licensing and sale of alcoholic beverages and operation of bottle houses, to protect and preserve schools and churches, to give effect to existing land use and to preserve certain residential areas, with reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and with a general view of promoting desirable living conditions and sustaining stability of neighborhood and property values, and to protect against the evils of concentration of the retail outlets for whiskey in one (1) family or to prevent undesirable persons from engaging in or having any interest in alcoholic beverages. Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (a) Alcohol. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including, but not limited to, distilled spirits, beer, malt beverage, wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department, including the buildings and the surrounding property or campus directly incorporated into such use. (d) Bar/ Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. (e) Beer. Malt beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water containing not more than fourteen percent (14%) Alcohol by volume and including ale, porter, brown, stout, lager beer, and strong beer. This term does not include sake, known as Japanese rice wine. (f) Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (g) Brewpub shall mean a restaurant that produces a limited quantity of an alcoholic malt beverage for on- site consumption with incidental sales to the public as carryout and is consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Such use must be connected to public water and sewer. LICENSE AND BUSINESS REGULATIONS 2 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (h) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (i) Church: A permanent building owned and operated exclusively by a religious organization and publicly designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (j) Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (k) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department, or any designated representative thereof. (l) Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (m) Distributor shall mean the manufacturer’s direct point of contact for prospective buyers of certain products. (n) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private, within the limits of Augusta, Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area; Restaurants (eating establishments) as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b) Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (o) Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (p) Fortified Wines shall mean any alcoholic beverage containing more than twenty-one percent (21%) Alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. (q) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (r) Hotel: A building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests, such sleeping accommodations being conducted in the same building or in separate buildings LICENSE AND BUSINESS REGULATIONS 3 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. (s) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the “Housing Authorities Law”. (t) Liquor. Distilled spirits, which means any alcoholic beverage obtained by distillation or containing more than 21% alcohol by volume, including but not limited to all fortified wines. (u) Liquor Store shall mean a retail outlet for the purpose of the sale of alcoholic beverages to include beer, wine and spirits. (v) Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (w) Main entrance door/ front door means the principal entrance by which access may be obtained to the operational area of a structure. (x) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (y) Nightclub shall mean an established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business) and which also may provide live entertainment. (z) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (aa) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. (No restaurant component) (bb) Off-premises consumption. The sale of alcoholic beverages in unbroken packages for consumption in a location other than the licensed premises. (cc) On-premises consumption. The sale of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (dd) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (ee) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. Such use must be connected to public water and sewer. (No restaurant component) (ff) Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On LICENSE AND BUSINESS REGULATIONS 4 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (gg) Package. A bottle, can or other original consumer container. (hh) Private club means any nonprofit corporation or association organized under the laws of this state which: (1) Has been in existence at least one year prior to filing an application for a license; (2) Has at least 75 regular dues-paying members; and (3) Owns, hires or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; b. Is staffed with a sufficient number of employees for cooking, preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time. (ii) Restaurant: An established place of business: (1) Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2) Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3) Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4) Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5) Which serves food during all hours of operation. (6) Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52, provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (3) of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-2(w)(7) of the Augusta, Georgia Code." and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (jj) Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises, only to consumers and not for re-sale. LICENSE AND BUSINESS REGULATIONS 5 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (kk) Wine. Any alcoholic beverage containing not more than 21% alcohol by volume, made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (ll) Wholesaler shall mean person or firm that buys large quantities of goods from various producers and resells them to retailers. (mm) Wine Tasting as regulated under Georgia State Alcohol regulations Section 560-2-9-.01, and Section 6-2-77 of the Augusta, Georgia Alcohol Ordinance. An application for a Wine Tasting in an establishment with a current Retail Wine License shall be approved by the Director of Planning & Development. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Sec. 6-2-3. Sale a privilege, not a right. Nothing in this chapter shall be construed as giving a person a right to sell alcoholic beverages, but the manufacture, sale, and distribution of alcoholic beverages is declared to be a privilege in this state and in Augusta-Richmond County. All alcoholic beverage licenses or permits issued hereunder to carry out such business during the term of the license is subject to all terms and conditions imposed by this chapter and related laws and other ordinances of Augusta Georgia relating to such business, as amended from time to time by the Mayor and Commission. Sec. 6-2-4. In general. It shall be unlawful for any person, corporation, partnership, association or any other entity, unless specifically exempt under this Ordinance, to engage in any of the following activities: (a)To drink, serve or offer for drinking or have possession for sale or distribution, any type of alcoholic beverage in any Augusta-Richmond County park, playground or building without a license and business tax certificate. (b) To sell or offer for sale, or serve for remuneration whether the payment is direct or indirect, any alcoholic beverage at retail or wholesale without a license and business tax certificate. (c) To engage in any act involving the sale, service or consumption of alcoholic beverages prohibited by laws of the State of Georgia. (d) To violate any of the provisions of this chapter. Sec. 6-2-5. Consumption at parks, playgrounds, public streets and public areas owned or operated by Augusta. (a) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in and on any public park, playground, or building thereon, or other public area, owned or operated by Augusta, at any time whatsoever, with the exception of Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, Augusta Canal National Heritage Area, Daniel Field Airport or any other LICENSE AND BUSINESS REGULATIONS 6 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) recreational facility or property owned, controlled, or maintained by Augusta, except in accordance with subsection (b), (c), (d) and (e) below, or otherwise provided by the Augusta-Richmond County Code or Georgia law. (b) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia, and the Director of the Recreation Department, when alcoholic beverages are served or consumed at Julian Smith Casino, Julian Smith Park Barbecue Pit, Fleming Park Community Center, Reynolds Park, Jamestown Community Center, Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place, Warren Road Community Center, New Savannah Bluff Lock & Dam Recreation Area, Gracewood Community Center, McDuffie Wood, Diamond Lakes Community Center, Bernie Ward Community Center, Blythe Area Recreation Center, The Boathouse, Old Government House, Minnick Park, Augusta Municipal Golf Course, Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, or any other recreational facility or property owned, controlled, or maintained by Augusta. (c) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Director of Riverwalk, when alcoholic beverages are served or consumed at Augusta Common or the 8th Street Plaza. (d) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Augusta Canal Authority when alcoholic beverages are served or consumed at Augusta Canal National Heritage Area. (e) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Daniel Field General Aviation Commission when alcoholic beverages are served or consumed at Daniel Field. (f) It shall be unlawful for any person to serve, to consume or offer for the purpose of consumption to anyone else or to be in possession of beer, wine, or any type of intoxicating liquor or beverages, in an open container, cup, or glass, on any public street, sidewalk, alley, or other public area, owned or operated by Augusta, at any time whatsoever, except in accordance with subsection (b),(c), (d) and (e) above, or otherwise provided by the Augusta-Richmond County Code or Georgia law. Sec. 6-2-6. Right of Augusta-Richmond County officials to enter premises for enforcement purposes. Agents and inspectors appointed by the Augusta-Richmond County Commission for the enforcement of this Ordinance, including officers of the Richmond County Sheriff's Department, are empowered and authorized to enter upon the premises of any person or entity engaged in the manufacture, sale, distribution, storage, or transportation of alcoholic beverages and liquors at any time for the purpose of inspecting said premises and shall have access during such inspection to all books, records, and supplies relating to the manufacture, sale, distribution, storage, and transportation of alcoholic beverages and liquors. Sec. 6-2-7. Notice to Augusta-Richmond County and Georgia Department of Revenue of Revenue of disciplinary action against licensee. (a) Disciplinary action as used herein means any action taken by any municipal, county, state, or federal agency against the licensee, his employees, or his place of business, including, but not limited to: (1) Arrest by local, state, or federal authorities of the licensee or of any of his employees. (2) Citations issued by local, state, or federal authorities, to the licensee or any of his employees. (3) Indictments, presentments, or accusations in any local, state, or federal courts against the licensee or any of his employees. (4) Conviction of, or penalties imposed pursuant to a plea of nolo contendere or non-vult against, the licensee or any of his employees in any local, state, or federal court. (5) Penalties imposed by any regulatory agency against the licensee or any of his employees. (6) Any other written charges or reprimands by local, state, or federal authorities. (b) Any licensee who has any disciplinary action taken against him or his employees by LICENSE AND BUSINESS REGULATIONS 7 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) any authority, either municipal, county, state or federal, shall notify the Augusta-Richmond County Commission in writing within forty-eight (48) hours of such action, and of the disposition of any charges or the time and place where such charges will be heard. Any licensee who fails to so notify the Commission within the prescribed time may be cited before the Commission to show cause why his license shall not be suspended or revoked. Notice shall be sent to the Commission, c/o Director of Planning and Development, P.O. Box 9270, Augusta, Georgia 30906. (c) Reporting requirements for Alcohol Licensees and Municipal Governments. (1) Within 45 days of any disciplinary action, the licensee shall notify the Department of Revenue of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the Department of Revenue. (2) The State Revenue Commissioner may impose a fine not to exceed $750.00 for each instance of non-reporting. A second or subsequent instance of non-reporting which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person’s license. (3) The Planning & Development Department shall report any disciplinary action to the Department of Revenue within 45 days of any officer, department, or agency taking such disciplinary action. Sec. 6-2-8. Days sales allowed. (a) Off-Premise Consumption licensees hereunder may permit the sale of packaged alcoholic beverages seven-days a week as provided in sections 6-2-14. Furthermore, no liquor store may be open Christmas Day. (b) Election days. Pursuant to the delegation of authority granted to Richmond County by Act No. 750 (House Bill No. 247) approved April 10, 1985, amending Official Code of Georgia Annotated section 3-3-20(b)(B), the sale by wholesale and retail of alcoholic beverages, to wit: distilled spirits, wine and malt beverages, shall be lawful during the polling hours of any election; however, nothing herein shall authorize the sale of alcoholic beverages within two hundred fifty (250) feet of a polling place during such time as the polls are opened. (c) Notwithstanding the foregoing, no alcoholic beverages of any kind shall be sold during any day or part of the day when the sale of said alcoholic beverage is prohibited by state law. (d) On all days and times that the sale of alcoholic beverages is prohibited by state law, consumption-on-premises licensees shall not open for any purposes (except as provided in sections 6-2- 15, 6-2-16, 6-2-52, and 6-2-77) except with the prior written permission and consent of the Richmond County Sheriff's Department for maintenance or similar purposes. Sec. 6-2-9. Reading of regulations required. No person shall be approved for a license hereunder, unless such person shall have read the Augusta- Richmond County wine, beer and whiskey regulations in full text, and shall certify in writing the fact of such reading and the knowledge thereof. Sec. 6-2-10. Copy of regulations to be maintained on premises; employees to be instructed. It shall be the duty of the management of the premises licensed under this Ordinance to maintain a copy of this Ordinance, or the ordinance from which this Ordinance derives, and all amendments thereto, on such premises, and to instruct each and every employee on the terms thereof. Sec. 6-2-11. Adulteration of beverages, refilling bottles, etc. It shall be unlawful for any person to add to the contents of any bottle labeled as containing an alcoholic beverage, or to refill any such empty bottle, or in any manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. Sec. 6-2-12. Illumination of certain premises. LICENSE AND BUSINESS REGULATIONS 8 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) All premises for which a Class A (on-premises consumption of beer), C (on-premises consumption of wine) or E (on-premises consumption of liquor) license has been issued under the provisions of this Ordinance shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by customers therein. Sec. 6-2-13. Advertising signs. Signs advertising alcoholic beverages must be turned off when the business is closed or the sale of alcoholic beverages is prohibited. Sec. 6-2-14. Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time, whichever is in effect: (1) Holders of Class A, C, E, G H, I, J, K, L, M, and N licenses (on-premises consumption of Beer, Wine and Liquor, Brewpubs, Brewery, Micro Brewery, Nano Brewery, Pico Brewery, Distillery, Nano Distillery, and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees, by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two (2) hours immediately following such time; provided, further, that said premises shall be vacated of all persons, including employees, by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license (off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3) Holders of Class B and D licenses (off-premises consumption of beer and wine) who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4) No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. Sec. 6-2-15. Sunday Sales. (a) The sale of alcoholic beverages is authorized for consumption on-premises in eating establishments, or inns, as defined herein, on Sundays between the hours of 12:30 p.m. and 2:00 a.m. Monday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 2:30 a.m. Monday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. For the purpose of this subsection, eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty (50) LICENSE AND BUSINESS REGULATIONS 9 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in section 6-2-52. For the purpose of this subsection, inn means an establishment which is licensed to sell alcoholic beverages and which derives at least fifty (50) percent of its total annual gross income from the rental of rooms for overnight lodging. (b) The Augusta-Richmond County Commission recognizes the value of the Masters Tournament to tourism and recruitment of industry and business to Augusta, Georgia: that entertainment of visitors to Augusta during the Masters Tournament, including the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament is an important resource to Augusta; and that allowing “eating establishments” and “inns”, that are not otherwise licensed for Sunday sales, to sell alcoholic beverages on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament enhance the ability of Augusta to attract tourism, economic development, and industry and businesses. Therefore, “eating establishments” and “inns” as provided in subparagraph (a) hereof, shall be allowed to secure a special license authorizing the sale of alcoholic beverages, for which they are otherwise licensed, on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. The fee for such permit shall two hundred dollars ($200.00) per Sunday , and application for same must be made as provided in Augusta-Richmond County Code § 6-2- 77 at least thirty (30) days in advance of the such event. The license provided for herein shall be in addition to any other license granted under Augusta-Richmond County Code § 6-2-77 or any other section of this Chapter. (c) Policy Statement. The intent of this Sunday Sales Ordinance is to allow those full service restaurants that serve the public to sell alcoholic beverages with the meals on Sunday. It is not the intent of this Ordinance to encourage neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday. Sec. 6-2-16. Sunday sales of beer and wine in public stadiums. Authorized holders of a Class A license or a Class C license may serve beer and wine for on-premises consumption in public stadiums owned or controlled by Augusta-Richmond County and having a seating capacity in excess of 2,500 people on Sunday between the hours of 12:30 p.m. and midnight. Sec. 6-2-17. Inventory to be kept under lock and key when sale prohibited. (a) On all days and times that the sale of alcoholic beverages or a particular type of alcoholic beverage is prohibited by state law and where the business is otherwise open and operating for the purpose of the sale of other items, it is required that all coolers designated as alcoholic beverage coolers be kept under lock and key during the period of time that sale of alcoholic beverages is prohibited and also that any inventory of alcoholic beverages must be kept under lock and key during these periods. Sec. 6-2-18. Prices to be indicated. Retailers shall indicate plainly, by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, or on an exposed sign prominently placed, the price of all alcoholic beverages exposed or offered for sale. Sec. 6-2-19. Furnishing to minors - Prohibited. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one (21) years of age; (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under twenty-one (21) years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and LICENSE AND BUSINESS REGULATIONS 10 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the sale, purchase or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2) At a religious ceremony; or (3) In the home of the parent or guardian, with the parent or guardian present. (c) The prohibition contained in paragraph (1) of subsection (a) of this section shall not apply with respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, the term proper identification means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and including, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec. 40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. (d) If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one (21) years of age from: (1) Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed restaurant as defined in Section 6-2-2. (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed restaurant as defined in Section 6-2-2. (e) Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f) No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall employ any individual under the age of 21, or allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec. 6-2-20. Same - Penalty for violation. (a) Any licensee hereunder, or any person in the employ of the licensee or any person in the employ of the retail business establishment for which the license was granted, who violates the provisions of section 6-2-19 herein, shall subject the license of the licensee to suspension or revocation, and shall be guilty of an offense and, upon trial and conviction of a misdemeanor, shall be punished by a fine in an amount not to exceed five hundred dollars ($500.00) and/or imprisonment in jail for a period not to exceed sixty (60) days. (b) Whenever an Alcoholic Beverage License(s), under section 6-2-20(a) is suspended, or suspended and made subject to probation by the Augusta-Richmond County Commission for all or a part of said period of suspension, said license shall not be reinstated unless the licensee pays to the County a reinstatement fee of $500.00. Said reinstatement fee shall be due and payable and remitted to Augusta- Richmond County not less than five (5) business days prior to the end of any period of suspension or LICENSE AND BUSINESS REGULATIONS 11 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) probated suspension imposed by the Augusta-Richmond County Commission. Only one such fee shall be paid by any one license holder on any one occasion irrespective of the number of licenses to be reinstated. Any fee paid pursuant to this Code section shall be paid into the General Fund. Sec. 6-2-21. Premises to be kept in orderly manner, with outside gatherings of patrons restricted. (a) Owners and/or applicant, managers and employees shall be responsible for keeping an orderly place, and no patron shall cause a disturbance of any kind; nor shall any patron be allowed to stand, sit, mingle or assemble outside the building, in parking lots or autos, and drink alcoholic beverages except as provided in subparagraph (b) hereof. (b) Businesses with on-premises alcoholic beverage consumption licenses may serve alcoholic beverages only within the definite closed locality, whether room, shop or building, where alcoholic beverages are sold by the drink. However, any business with such license, which has an outside patio area that is actually and permanently attached to the main building, may serve alcoholic beverages in the patio area; provided, however, a bar may not be set up in such an outside patio area, nor are portable bars, beer tents or other such facilities for the sale of alcoholic beverages permitted. Sales through doorways or windows to sidewalks, parking lots, or patio areas are also prohibited. (c) The provisions of subsection (b) above shall not apply to the sale of alcoholic beverages in the area designated as Riverwalk. Sales in the Riverwalk area shall be allowed as provided in section 6-2-22 hereof. (d) The alcohol license holder, or manager of an on-premise consumption alcohol licensed business, or any person giving any public amusement show, exhibition or performance, any public ball, any dances either public or private, or any gathering at public facilities when alcohol is being served, or on any occasion where the Chief of the Fire Department and/or Sheriff determine in their sole discretion that due to the nature of the function and/or facility, attendance of sheriff's deputies and/or firefighters is necessary, it is then the responsibility of the alcohol license holder, or other person mentioned, to comply with the chief of the fire department and/or sheriff’s decision. (e) Any manager or other person mentioned in the preceding section shall apply to the sheriff's department and the fire department to learn whether or not the attendance of deputies and/or firefighters is required. Sec. 6-2-22. Sales at Riverwalk. Sales in the Riverwalk area shall be allowed in areas designated for alcohol sales by the Planning and Development Department as permanent locations. Sec. 6-2-23. Sanitation requirements, monitoring occupancy limits. (a) All premises used for the retail sale of alcoholic beverages or for the storage thereof for sale shall be kept in a clean and sanitary condition and shall be in full compliance with the regulations of the department of public health regulating the condition of premises used for the storage or sale of food for human consumption. All premises for which a Class A (on-premises consumption of beer), Class C (on- premise consumption of wine) or Class E (on-premises consumption of liquor) license has been issued shall afford therein adequate sanitary toilet facilities. (b) Monitoring occupancy limit, continuous compliance required. Any establishment licensed by the city to dispense alcoholic beverages for consumption on the premises shall establish a procedure for monitoring the number of people in the establishment and shall be in continuous compliance with the occupancy limit as shown on the occupancy load for the premises. (c) Open restrooms required. Any establishment licensed by the city to dispense alcoholic beverages for consumption on the premises shall at all times while open to the public keep restrooms open and operating in sufficient numbers to accommodate the needs of its customers. Such establishment shall be in continuous compliance with city building and plumbing code requirements regarding public restrooms. LICENSE AND BUSINESS REGULATIONS 12 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (d) Cleanliness and code compliance required. All premises including the sidewalks and any adjacent public ways shall be kept clean and free of litter or trash, and such premises shall be and remain in full compliance with all requirements of the city inspections department. Sec. 6-2-24. Games of chance; cause for suspension or revocation of license. Gambling, betting, or the operation of games of chance, punchboards, slot machines, lotteries, or tickets or chances therein, or any other such scheme or device involving the hazarding of money or any other thing of value in any licensed place of business, or in any room adjoining the same owned, leased or controlled by him, shall be cause for suspension or revocation of his license; provided, however, nothing herein shall prohibit the operation of a properly licensed Georgia Lottery outlet, bingo game or any device not otherwise prohibited by law. Sec. 6-2-25. Visual obstructions prohibited. No screen, blind, curtain, partition, article or thing shall be permitted in the window or upon the doors of the licensed premises which shall prevent a clear view into the interior of the premises from the street or road at any time, and no booth, screen, partition or other obstruction shall be permitted within the interior of the licensed premises, and the same shall be so lighted so the interior of the premises is plainly visible from the street or road day and night. Sec. 6-2-26. Employment of persons under eighteen years of age prohibited. (a) In establishments holding a license permitting the sale of alcoholic beverages for on-premises consumption that do not prohibit individuals under the age of 21 from entering, no person shall allow or require a person in his employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b) This section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets, convenience stores, breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-27. Adult entertainment establishments. (a) Findings; public purpose. Pursuant to the Constitutional Amendment, ratified on November 8, 1994, to Article III, Chapter VI of the Constitution of the State of Georgia, which amendment added a new Section VII to said article and delegated the State's power to regulate, restrict, or prohibit activities involving alcoholic beverages to the counties and municipalities of this State; and in recognition and reliance upon those certain studies, by the City of Austin, Texas and the City of Dallas, Texas, of the effects of adult entertainment establishments in which alcohol is consumed on the premises, which studies show that such establishments engender crime and create undesirable community conditions in the area surrounding them and which studies have previously been considered by the Board of Commissioners of Richmond County; It is hereby declared that the purpose of this section 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 dance establishments, this section represents a balancing of competing interests: reduced criminal activity and protection of the neighborhoods through the regulation of adult entertainment establishments and the protected rights of adult entertainment establishments and patrons. (b) Sale or consumption of alcohol prohibited. No holder of a license or business tax certificate for an adult entertainment establishment shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverage or controlled substance upon the premises of the licensee or business tax certificate holder; provided, however, nothing herein contained shall affect any vested rights. Sec. 6-2-28. Financial transactions. LICENSE AND BUSINESS REGULATIONS 13 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) No licensee, or his business associates, shall borrow or accept from or give or lend to vending machine owners, lessors, suppliers or operators, money or other valuable considerations. Vending machines shall mean for payment of money devices dispensing goods, services, or amusements, or any other thing of value. Sec. 6-2-29. Licensee purchases from licensed wholesaler. No retail dealer or retail consumption dealer shall buy or arrange to buy or in any way effect the transfer of any beverage alcohol to him or for his account except from a licensed wholesaler. No arrangement whereby a wholesaler shall handle, clear or in any other way arrange to transfer for any licensed retail dealer or retail consumption dealer shall be permitted; and all sales by wholesalers to licensed retail dealers or retail consumption dealers shall be bona fide sales transactions from the wholesaler to the licensed retail dealer or retail consumption dealer. The making of any forbidden arrangements shall be cause for revocation of the licenses of all licensed wholesalers and retail dealers or retail consumption dealers involved. Sec. 6-2-30. Solicitation of drinks. No person while holding any license shall require, permit, suffer, encourage, or induce any employee or person other than the patron and guests of the patron, to solicit the purchase by the patron of any drink, whether alcoholic or non-alcoholic, or money with which to purchase the same; nor shall any licensee pay a commission or any other compensation to any person frequenting his establishment or to his agent or manager to solicit for herself, himself, or for others, the purchase by the patron of any drink, whether alcoholic or non-alcoholic. Sec. 6-2-31. Consideration of goods bought or sold to be in cash; exceptions. (a) The consideration for all alcoholic beverages sold by any licensee shall be cash only and the delivery and payment therefore shall be a simultaneous transaction within the licensed place of business. There shall be no maneuver, device or shifts, of any kind whereby credit is extended. The use of post- dated checks is prohibited. (b) The use of a credit card for the purchase of alcohol beverages from a licensee shall not be prohibited provided such credit card represents an unqualified obligation to pay without recourse on the part of the person, institution or agency issuing such card. Hotels and motels licensed to sell beverage alcohol shall not be prohibited from billing guests of such hotel or motel for such beverage alcohol provided that payment is tendered at the time such guest leaves or checks out of such hotel or motel. The sale of beverage alcohol by bona fide private clubs and lodges wherein members pay all charges on a monthly basis shall not be prohibited provided the receivables from such transactions are promptly placed for collection consistent with sound business practices. Sec. 6-2-32. Violations; unlawful activities. (a) Any person holding any license issued pursuant to this Ordinance or any employee or agent of such person who violates any provision of this Ordinance, or directs, consents to, permits, or acquiesces in such violation, either directly or indirectly shall, by such conduct, subject the license to suspension or revocation. For purposes of administering and enforcing this Ordinance, any act committed by an employee, agent or representative of a licensee shall be deemed to be an act of such licensee. (b) It shall be a violation of this Ordinance for any licensee to permit any person to engage in any activity on the premises for which the license is issued or within the place of business, which is in violation of the laws or regulations of any federal, state, county or municipal governing authority or regulatory agency. With respect to any such activity, it shall be rebuttably presumed that the same was done with the knowledge or consent of the licensee; provided however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aid in such occurrence, or in the exercise of full diligence could not have discovered or prevented such activity. LICENSE AND BUSINESS REGULATIONS 14 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Sec. 6-2-33. Subterfuge. Any act which may be construed as a subterfuge in an effort to circumvent any provision of this Ordinance shall be deemed a violation of the section or subsection attempted to be circumvented. Secs. 6-2-34 – 6-2-50. Reserved ARTICLE 2 LICENSING Sec. 6-2-51. License required. (a) No alcoholic beverage may be sold, possessed for sale, or distributed in Augusta-Richmond County, other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b) Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewery, Manufacturer of Malt Beverages (8) Class H: Brewpub Operator (9) Class I: Micro Brewery (10) Class J: Nano Brewery (11) Class K: Pico Brewery (12) Class L: Distillery (13) Class M: Nano Distillery (14) Class N: Pico Distillery (15) Wholesale Beer (16) Wholesale Wine (17) Wholesale Liquor (18) Sunday Sales Sec. 6-2-52. License for eating establishment, hybrid restaurants, and entertainment venue; authority to sell for consumption on the premises. (a) For an eating establishment to be eligible to sell alcoholic beverages for consumption on the premises, it must be a public place kept, used, maintained, advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen to include an appropriate stove, refrigerator, food preparation area, sink, and other items required by the County Health Department and Planning & Development Department for the preparation of foods, and shall have a printed or posted menu from which selections for prepared food can be made, and dining room equipment, and a seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the principal business conducted, with the serving of distilled spirits to be consumed on the premises as only incidental thereto, and to qualify as an eating establishment under this section, such establishment must derive at least 50 percent of its total annual gross food and beverage sales from the sales of prepared meals and foods on-premises. The Planning & Development Department staff, upon receiving an application from an eating establishment to sell alcoholic beverages for consumption on the premises, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission the determination of his/her inspection. LICENSE AND BUSINESS REGULATIONS 15 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (b) The licensee of any eating establishment desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with (a) above shall file an affidavit with the Planning & Development Department, certifying under oath that such establishment, if an existing business, derived at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the preceding calendar year or, if a new business, fully intends and expects to derive at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the remainder of the current calendar year. Such an affidavit must be submitted annually with such establishment's alcoholic beverage license renewal application if restaurant classification is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (c) Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1) the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; (2) the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (a) and (b) of this section; (3) no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c) of the Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6) restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c ) of the Augusta-Richmond County Code. (d) For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats, affixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept, used, maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto, and to qualify as an entertainment venue under this section, such establishment must derive at least 50 percent of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets. The Director of Planning and Development, upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the commission the determination of his/her inspection. The sale of alcoholic beverages is authorized for consumption on-premises in entertainment venues as defined herein, on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the shall be vacated of all persons, including employees, by no later than 12:00 midnight. For the purpose of this subsection, entertainment venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (1) Any business operating as an entertainment venue as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining, renewing and maintaining such certificate shall be governed by the applicable provisions of the LICENSE AND BUSINESS REGULATIONS 16 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a business tax certificate issued to any entertainment venue shall be as set forth in section 2-1- 3(c). (e) Upon renewal of an alcoholic beverage license at a premise where an eating establishment, hybrid restaurant, or entertainment venue is in operation, verified records of sales of food or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment. The Director of Planning and Development may cause an audit of the books of a qualifying eating establishment, hybrid restaurant, or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment, hybrid restaurant, or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. Any untrue or misleading information contained in, or material omission left out of, shall be cause for action to be taken against the alcohol license as provided for in Section 6-2-74. Sec. 6-2-53. Licenses for brewpub, brewery, micro brewery, nano brewery and pico brewery; Licenses for distillery, nano distillery, and pico distillery . 1. Licenses for brewpub, brewery, micro brewery, nano brewery and pico brewery; Required. No individual shall be permitted to own or operate a brewery, micro brewery, nano brewery, pico brewery or brewpub without first complying with Zoning regulations, obtaining a proper license from the Augusta-Richmond County Commission, and paying the Occupation Tax. Each brewery and brewpub license holder shall comply with all other applicable federal, state and local license requirements. A) Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36, for retail consumption on the premises and solely in draft form. As used herein, the term eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty percent (50%) of its total annual gross food and beverages sales from the sale of prepared meals or food on premises. (a) A brewpub license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 10,000 barrels of malt beverages in a calendar year solely for retail sale. ii). Sell up to a maximum of 5,000 barrels annually of such malt beverages to licensed wholesale dealers. iii). Sell retail up to 64 ounces per person per day of draft beer brewed on site at the brewpub for off-premise consumption. iv). Operate an eating establishment, the sale of such beer, and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under licenses issued by the Augusta-Richmond County Commission, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (b) Possession of a brewpub license shall not prevent the holder of such license from obtaining an on premise consumption license for liquor, beer and wine for the same premises. (c) A brewpub license does not authorize the holder of such license to sell alcoholic beverages, not produced on the premises, by the package for consumption off the premises. (d) A brewpub licensee shall: LICENSE AND BUSINESS REGULATIONS 17 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. B) Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. (a) A brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises malt beverages for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. C) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year. (a) A micro brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 15,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A micro brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. D) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year. (a) A nano brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 3,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A nano brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. E) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to LICENSE AND BUSINESS REGULATIONS 18 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) 500 barrels per year. (a) A pico brewery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 500 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b) A pico brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. 2. Licenses for distillery, nano distillery, and pico distillery. Required. No individual shall be permitted to own or operate a distillery, nano distillery or pico distillery without first complying with Zoning regulations, obtaining a proper license from the Augusta-Richmond County Commission, and paying the Occupation Tax. Each distillery, nano distillery or pico distillery license holder shall comply with all other applicable federal, state and local license requirements. A) Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. B) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year. (a) A nano distillery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 500 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii). Sell up to 3 bottles (750 ml) per person per day of the distilled spirits produced on site for off-premise consumption. (b) A nano distillery licensee shall: i). Pay all federal, state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and ii). Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law, Georgia law and the Ordinances of Augusta- Richmond County. C) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year. (a) A pico distillery license authorizes the holder of such license to: i). Manufacture on the licensed premises not more than 100 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii).Sell up to 3 bottles (750 ml) per person per day of the distilled spirits produced on site for off-premise consumption. (b) A pico distillery licensee shall: i). Pay all federal, state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers under this title; and LICENSE AND BUSINESS REGULATIONS 19 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) ii. Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law, Georgia law and the Ordinances of Augusta- Richmond County. 3. Hours of Sale: On-Premise Consumption and Off-Premise Consumption See Section 6-2-14 and 6-2-15. Sec. 6-2-54. License for off-premises consumption and sale by the drink at same location. A license holder may have his license for off-premises consumption and his license for on-premises consumption at the same location, but they must be separate premises with separate addresses and trade names. Sec. 6-2-55. Holder of license for off-premises consumption of liquor selling by the drink without license for on-premises consumption prohibited. It shall be unlawful for the holders of licenses for off-premises consumption of liquor to offer liquor for sale by the drink on such premises licensed for off-premises consumption. Any premises where alcoholic beverages are sold by the drink at more than one (1) location within the premises shall be required to have a license for each location within the premises. Sec. 6-2-56. Brown-bagging, etc. (a) No individual shall be allowed to consume alcoholic beverages in any restaurant, lounge, or bar with an occupation tax certificate from Augusta-Richmond County that does not have a license for on- premises consumption of alcoholic beverages under this ordinance. The occupation tax licensee for any restaurant, lounge or bar in Augusta-Richmond County shall not allow any individual to consume alcoholic beverages on their premises when such alcoholic beverages were not purchased from the restaurant, lounge or bar. (b) No person shall charge admission to any dance or other event at which alcoholic beverages will be served, provided or otherwise available for consumption, without first obtaining a single event license or an alcoholic beverage license. Sec. 6-2-57. Augusta-Richmond County employees holding licenses prohibited. It shall be unlawful for any elected or full-time employee of Augusta-Richmond County, or his or her spouse or members of the immediate family residing in the same household, to hold any license hereunder if that elected official or full-time employee’s duties include the regulation or policing of alcoholic beverages or licenses or any alcohol tax-collecting activity. Sec. 6-2-58. Applicant for new license to give public notice, furnish proof of advertisement. (a) All persons, firms or corporations desiring to engage in the sale of alcoholic beverages shall give notice of their intention to make application for a license to do so by advertisement in form prescribed by the Augusta-Richmond County license inspector. 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 (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) before applications are heard by the Augusta-Richmond County Commission or a committee thereof. Advertising in the legal gazette shall be during the 30-day period prior to the hearing of the application by the Augusta-Richmond County Commission. (b) When an application is submitted for a license for a new location, the property designated for the operation of the business shall be posted for thirty (30) days preceding the date of any hearing to be held on said application with a sign reading as follows: LICENSE AND BUSINESS REGULATIONS 20 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) This establishment has applied to the Augusta-Richmond County Commission for an alcoholic beverage license authorizing it to sell Beer, Wine, Liquor (state the appropriate types of beverage) for on/off premises consumption at this location. (state appropriate type). This _______ day of, 20______________. Name of applicant: _______________________ Address of applicant: _____________________ (The size of the sign to be posted on the property shall be no smaller than 15 inches by 27 inches. The sign is to be conspicuously displayed on that portion of the property most visible to the public.) (c) For purposes of this section, any location which has never been licensed for the sale of alcoholic beverages before, or for which a license has been revoked, or where the sale of alcohol has ceased for nine (9) months, shall be considered a new location. (d) Before the application is presented to the Augusta-Richmond County Commission, the applicant shall furnish proof that the advertisement has been completed as required herein above. Sec. 6-2-59. Filing application. (a) Form; information to be provided. (1) A written application to the Augusta-Richmond County Commission for a license under this Ordinance shall be made on forms approved by the Augusta-Richmond County Commission. All questions and information required by the application form should be filled in and subscribed to by all applicants, under oath, and shall disclose among other information whether the applicant has been convicted of any crime, misdemeanor or a violation of any municipal ordinance (except minor traffic violations) in any state, county, municipal or federal court, and the particulars of same; the prior business of applicant for the past ten (10) years; names and addresses of three (3) persons who have known applicant for the past five (5) years; whether applicant has any existing liquor, beer or wine business in Georgia; whether the interest of applicant is total, partial, or exact extent of same, and, if partial, the names and addresses of all others having a partial interest in said business and the extent of such interest; and such other and further information as the Commission shall deem necessary. (2) It is further required that all applicants for licenses allowing the sale of liquor shall submit with their applications personnel statements. These personnel statements shall be furnished to the Augusta-Richmond County license inspector upon request and will be required for original licenses, and renewals of existing licenses upon request. (3) Every license application shall be accompanied by a plat prepared by a registered surveyor, showing the distance of the premises for which the license is being applied from the nearest church, school, library or public recreation area, any housing authority property, or from any alcoholic treatment center owned and operated by a governmental entity, as measured under section 6-2-63 hereof. The license application shall be accompanied by a copy of the lease. If the license applicant leases the property and improvements, a copy of the lease shall be maintained on a current basis in the license file. If the license applicant is the owner of the real estate and improvement where the business will be located, a copy of the deed shall accompany the application and be maintained as a part of the license file. (4) The application shall also include, but shall not be limited to, the name and address of the agent for service of process and the name of the manager. If the manager changes, the applicant must furnish the Augusta-Richmond County license inspector with the name and address of the new manager and other information as requested within ten (10) days of such change. (b) Date due. All applications, including required documentation, shall be filed with the Director of Planning and Development not less than thirty (30) days prior to the date when the application is scheduled to be heard. LICENSE AND BUSINESS REGULATIONS 21 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (c) Fee. Every such application, excluding renewals and transfers, shall be accompanied by a non- refundable application fee in the amount of one hundred twenty-one dollars ($120.00), said fee to be paid by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission, as applicable. (d) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of, an original, renewal or transfer application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. Sec. 6-2-60. Inspection of application by license inspector; investigation by Sheriff; provision of information to Planning & Development Department upon request. (a) If so filed as to comply with the requirement of this Ordinance an application under this Ordinance shall be sworn to and directed to the Director of Planning & Development for Augusta- Richmond County, who shall inspect the application and refer same to the Richmond County Sheriff, who shall investigate the character and reputation of the applicant, owners, partners, officers of the corporation, shareholders, managers, employees, and others associated with the application, and the suitability of the location for the sale of alcoholic beverages. (b) All applicants shall furnish all data, information and records requested of them by the License & Inspection Department and/or the Richmond County Sheriff's Department, and failure to furnish such data, information and records within thirty (30) days from the date of the request shall automatically serve to dismiss, with prejudice, the application. Applicants, by filing an application, agree to produce for oral interrogation any person or persons involved in any transaction pertinent to the application or any evidence relevant to the application as may be requested by the Planning & Development Department or the Richmond County Sheriff's Department. Failure to produce such evidence, person or persons within thirty (30) days after being requested to do so shall result in the automatic dismissal of the application. (c) The business owner and/or alcohol license applicant for all On-Premise Consumption license holders shall meet with the Sheriff’s Office representative, Fire Department representative, and Business License Manager to review proposed measures for ensuring the safety of employees and patrons as required in Section 6-2-21. Sec. 6-2-61. Review of application by the Augusta-Richmond County commission. (a) Procedures—Generally. After the requirements of sections 6-2-58 through 6-2-60 have been fulfilled, all applications for original alcoholic beverage licenses of any type shall be submitted to the Public Services Committee of the Augusta-Richmond County Commission, which shall review the applications in such manner as the committee may determine to be necessary, and shall submit a recommendation to the Augusta-Richmond County Commission. After the investigation is complete, the Augusta-Richmond County Commission shall cause to be issued such license as it may determine to be warranted and needed by the applicant. (b) Order of consideration. All applications presented shall be noted as to the date and exact time of filing, and such applications shall be presented, heard and considered by the Commission in the order of their filing. Sec. 6-2-62. Criteria for license approval. Personal qualifications of applicants. (a) Citizenship; residency. A license will be issued only to a person who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, and who is a resident of Augusta-Richmond County, Georgia. Where an applicant is other than a natural person, it must be an entity organized and existing under the laws of the United States or one of its states, an agent of the entity must meet the qualifications of the preceding sentence. (1) For a license to be issued to a general partnership, the application must be made jointly by the partnership, any managing partner and all other partners owning at least a twenty (20) percent interest in the assets or revenues of the partnership. If there is no managing partner and there is no partner meeting the ownership requirements, then the application must be made LICENSE AND BUSINESS REGULATIONS 22 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) jointly in the name of the partnership and the general partner owning the greatest percentage interest in the assets and revenues of the partnership, as agent. At least one (1) of the applicants shall be a natural person. If none of the applicants required above is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application, as agent. (2) Where the applicant for a license is a limited partnership, the application shall be made jointly by the limited partnership, its general partners, and any other partner, limited or general, owning at least a twenty (20) percent interest in the assets or revenues of the limited partnership. At least one (1) of the applicants must be a natural person. If none of the applicants required above is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application, as agent. (3) Where the applicant for a license is a corporation, the application shall be made jointly in the name of the corporation and its president or vice president and any stockholder owning at least twenty (20) percent of the total outstanding capital stock of the corporation. (4) Where the applicant for a license is a private club, the application shall be made jointly in the name of the private club and its president or general manager, as agent. (5) Where the applicant for a license is an entity other than a natural person, a partnership, a corporation, or a private club, the application shall be made jointly in the name of the entity, the natural person having chief executive officer authority over the business activities of the entity and any other person having at least a five (5) percent interest in the assets or revenues of the entity, as agents. The application shall further disclose the type of entity making the application and every person having an ownership interest in the assets or revenues of the entity. (6) Licenses issued to corporations, general partnerships, limited partnerships, private clubs or other types of entities must be issued jointly to the entity and all of the other persons required by this section to join in the application, as agents. (b) Moral character; criminal record. No person, firm or corporation shall be granted an alcoholic beverage license unless it shall appear to the satisfaction of the Commission that such persons or partners in the firms or officers and directors of the corporation shall be of good moral character. (c) Age. An applicant must be twenty-one (21) years of age or older. (d) Interest in Business; Involvement in Business. The applicant must own a bona-fide interest in the business for which the license is sought. Further, the applicant must be involved in the day-to-day operation of the business for which the application is made. In the event the applicant is a corporation or partnership, the applicant must designate on the application or renewal application a manager or other supervisory employee (who is also a citizen of the United States and a resident of the State of Georgia and Augusta-Richmond County) as the individual responsible for the day-to-day operation of the business, and must comply with the provisions of section 6-2-70(d) herein. (e) Eligibility. The applicant must not fall into any of the categories of individuals who are ineligible to hold a license under section 6-2-62. Sec. 6-2-63. Individuals not eligible for license. The following individuals are not eligible for an alcoholic beverage license, even if they possess all of the qualifications listed in section 6-2-61. (a) Any person convicted of a felony who served any part of a criminal sentence, including probation within the ten (10) years immediately preceding the date of receipt of submission of the application. (b) Any person who has been convicted of a misdemeanor who served any part of a criminal sentence, including probation within five (5) years immediately preceding the date of receipt of submission of the application. (c) Any person whose license to sell alcoholic beverages has been revoked for cause in any state or territory of the United States within the ten (10) years preceding the filing of the application. (d) Any person who has knowingly falsified information or made any material misrepresentation LICENSE AND BUSINESS REGULATIONS 23 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) on the application for a license under this Ordinance or any application under the predecessor Ordinance for Richmond County or the City of Augusta submitted within the ten (10) years preceding the filing of the application. (e) Any person who has been convicted of a violation of any federal, state or local law pertaining to the possession, manufacture or sale of alcoholic beverages who served any part of a criminal sentence, including probation within the ten (10) years preceding the filing of the application. (f) Should any such applicant, partner or officer or director of any applicant entity, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving moral turpitude, or to the violation of any laws of the State of Georgia regulating possession or the sale of narcotics, drugs, liquors, wine or beer or the lottery laws of this state, said license shall be subject after hearing to immediate suspension or revocation. Sec. 6-2-64. Same—Location restrictions. (a) Zoning. No license shall be issued for the sale, either at wholesale or retail, of alcoholic beverages unless the licensee's place of business is located in an area within Augusta-Richmond County that is properly zoned for the sale of alcoholic beverages. (b) Proximity to churches, libraries, schools, and public recreation areas. No original license shall be issued hereunder where the place of business of the licensee is located within the following distances of the following establishments: (1) Church or library buildings, or public recreation areas: Whiskey: One hundred (100) yards. Malt beverage: One hundred (100) yards. Wine: One hundred (100) yards. (1.1) Special alcohol license distance requirements for the Downtown Business District. a. The "Downtown Business District" for purposes of this Ordinance is bounded: 1. North by the Savannah River; 2. East by the western right-of-way line of Fifth Street; 3. South by the north right-of-way line of Greene Street; and 4. West by the east right-of-way line of Fifteenth Street. b. Any structure in the "Downtown Business District" as herein above defined and not originally built as a place of worship will not be considered in applying any distance requirement in reference to the issuance of any alcohol license by Augusta, Georgia after the effective date of this Ordinance. c. Exceptions: This Ordinance shall not apply to any structure in said "Downtown Business District" not originally built as a place of worship and in use as a place of worship on the effective date of this Ordinance. d. In the Downtown Business District as herein defined, new applications for alcoholic beverage licenses submitted after the effective date of this Ordinance, shall be subject to distance requirements of 300 feet measured from the main entrance of the applicant's structure to the main entrance of the closest occupied structure originally built as a place of worship or any other structure not originally built as a place of worship and in use as a place of worship on or before the effective date of this Ordinance. (2) School building or school grounds: Whiskey: Two hundred (200) yards. Malt beverage: One hundred (100) yards. Wine: One hundred (100) yards. The schools or colleges referred to herein shall include only such state, county, city, LICENSE AND BUSINESS REGULATIONS 24 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) church or other schools as teach the subjects commonly taught in the common schools and colleges in this state and shall not include private schools or colleges within which only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. (c) No license authorizing the sale of alcoholic beverages shall be issued for a new location unless such proposed location is at a greater distance than 300 feet from any alcohol treatment center owned and operated by a governmental entity. (d) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000 nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application. (O.C.G.A. 3-3-21) (e) All measurements, to determine distances for the issuance of alcoholic beverage license shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the front door of the structure from which alcoholic beverage is sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the front door of the building, or; (5) To the nearest property line of the real property being used for school, educational purposes, or public recreation areas. (f) No license in effect on the day of the adoption of this Ordinance shall be revoked before its day of expiration by reason of the method of measurement set out in this section if the license was granted in reliance on another method of measurement. (g) Further, the Augusta-Richmond County Commission may, in its discretion, issue or deny any license when there is evidence that the type and number of schools, churches, libraries or public recreation areas in the vicinity of the place of business of the licensee causes minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein. (h) Nothing contained herein shall prohibit the issuance of any license authorizing the sale or distribution of alcoholic beverages by: (1) Hotels or motels of fifty (50) rooms or more; (2) Bona fide private clubs owning their homes and subject to licensing by the State of Georgia as a private club; (3) Any establishment with a license to sell alcoholic beverages which meets the definition of a qualifying eating establishment as set forth in section 6-2-52 of this Ordinance, but not to include a Hybrid Restaurant; and (4) A location for a single event occasion. (i) No license shall be issued under this Ordinance to any premises which do not meet the requirements of all state, county, and city laws, ordinances and regulations which would apply to said premises, including, but not limited to, building, fire, and sanitation codes. (j) The restrictions on locations as stated herein are in addition to, and not in lieu of, any restrictions imposed by the laws of the State of Georgia. (k) If an application is either withdrawn from consideration or denied, no application may be made by any person for the location for which the withdrawn or denied application was made, for a period of twelve (12) months from the date of withdrawal or denial; provided, however, if the application is withdrawn with the unanimous approval of the members of the Augusta-Richmond County Commission, the one (1) year prohibition shall not apply. (l) If a license is suspended, no application may be made by any person for the location for which the suspended license was held, until such time as the period of suspension for said license expires. (m) If a license is revoked, no application may be made by any person for the location for which the revoked license was held, for a period of twelve (12) months from the date of revocation. LICENSE AND BUSINESS REGULATIONS 25 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Sec. 6-2-65. Same—Additional considerations. (a) In determining whether or not any license applied for hereunder shall be granted, renewed, transferred or issued to a new location, in addition to all the provisions of this Ordinance, the following shall be considered in the public interest and welfare: (1) Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct this business. (2) Previous violations of liquor laws. If the applicant is a previous holder of a license to sell alcoholic liquors, whether or not he has violated any law, regulation or ordinance relating to such business. (3) Manner of conducting prior liquor business. If the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder, especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. (4) Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent and surrounding property values. (5) Number of licenses in trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. (6) Dancing. If dancing is to be permitted upon the premises for which the license is sought and the applicant has previously permitted dancing upon any premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation or ordinance. (7) Previous revocation of license. If the applicant is a person whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages license suspended or revoked. (8) Payment of taxes. If the applicant and business are not delinquent in the payment of any local taxes. (9) Congregation of minors. Any circumstances which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64(b) herein. (10) Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. (11) Previous Denial or Revocation. The denial of an application, or the revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. (b) If the application is denied, the Augusta-Richmond County Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial, together with the written report, to the Director of Planning & Development who shall notify the applicant of the denial within five (5) days of the denial. Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice, in writing, on the Commission within five (5) days of the receipt of the denial of the application. (c) On reconsideration, the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel, may offer testimony by witnesses or any other evidence and may question any opposing witnesses. At the close of the evidence, the Commission shall either uphold its denial or shall approve the issuance of a license. LICENSE AND BUSINESS REGULATIONS 26 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Sec. 6-2-66. Time limit for acquiring licenses once approved. All licenses must be obtained not later than ninety (90) days from the date of the approval of the application, and, if not so obtained, the license shall be void. Extensions of time under this section shall be granted only by the Augusta-Richmond County Commission. Sec. 6-2-67. License fee. (a) When due and payable. When a license has been approved and granted, the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b) Amount. Each applicant shall pay a license fee as set out herein: (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Retail and Wholesale: Fee (1) Class A: Consumption on-premises beer $625.00 - $665.00 (2) Class B: Retail beer $665.00 (3) Class C: Consumption on-premises wine $625.00 - $665.00 (4) Class D: Retail wine $665.00 (5) Class E: Consumption on-premises liquor $3,115.00 - $3,330.00 (6) Class F: Retail liquor $3,330.00 (7) Class G: Brewery, Manufacturer of Malt Beverages $1,000.00 (8) Class H: Brewpub Operator $1,000.00 (9) Class I: Micro Brewery $1,000.00 (10) Class J: Nano Brewery $1,000.00 (11) Class K: Pico Brewery $1,000.00 (12) Class L: Distillery $1,500.00 (13) Class M: Nano Distillery $1,500.00 (14) Class N: Pico Distillery $1,500.00 (15) Wholesale liquor $6,050.00 (16) Wholesale beer $665.00 (17) Wholesale wine $135.00 (18) Sunday sales $1,245 - $1,330.00 (19) Alcohol Catering $365.00 (flat fee) (20) Second Alcohol License $625.00 - $665.00 Restaurants and Bars (On-premise consumption) Occupancy Load / Fee 1 – 100 101 – 200 201 – 300 301+ Beer $625 $635 $650 $665 Wine $625 $635 $650 $665 Liquor $3115 $3175 $3235 $3330 Sunday Sales $1245 $1270 $1295 $1330 Second Alcohol Lic. $625 $635 $650 $665 Sunday Sales Single $250 $275 $300 $325 Event Restaurant and Bars (c) Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half (1/2) of the full license fee shall be paid for a license issued after July 1 of the license year. (d) Refund. In case of the revocation or surrender of such license before the expiration of the calendar year, the holder thereof shall not be entitled to receive any refund whatsoever. Sec. 6-2-68. Term of license. LICENSE AND BUSINESS REGULATIONS 27 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) All licenses granted hereunder shall be for the calendar year. Sec. 6-2-69. Display of license required. (a) Every license issued under this Ordinance shall be kept prominently displayed by the holder thereof at his licensed place of business, and any alcoholic beverage kept, stored or found at said licensed place of business or at his warehouse shall be presumed to be his property. (b) Nothing shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing Alcoholic Beverage drinks when such bars are accessible only to employees of the licensed establishment and from which Alcoholic Beverage drinks are prepared to be served on the licensed premises. Sec. 6-2-70. Licenses not transferable; exceptions; fee; new ownership. (a) Generally. Licenses hereunder shall not be transferable, except as otherwise provided herein. Nothing in this section, however, shall prohibit one (1) or more partners of a partnership holding a license from withdrawing from the partnership in favor of one (1) or more of the partners who were partners at the time of the issuance of the license. (b) Exceptions. (1) Estate administration, etc. In case of the death of any person holding such a license, or any interest therein, the same may be transferred to the administrator, executor, or the lawful heirs of the deceased person, if otherwise qualified. (2) Change of location. Should a transfer of a location be approved, there shall be no additional license fee, and the new location shall not be considered as a new license hereunder. (3) Addition of partners or stockholders. A licensee may take in partners or additional stockholders where it is determined that the additional capital furnished is to be used exclusively for additional inventory or expending the facilities of the business, or for building a new facility, and, where it appears that the licensee himself receives directly none of the additional capital invested. Under this section an additional partner or new stockholder must be approved by the Planning & Development Department and the Richmond County Sheriff's Department. (4) Procedure for application for exception. Any licensee desiring a transfer of a license pursuant to an exception hereunder shall notify the Director of Planning & Development of the basis of the exception and shall provide the Director of Planning & Development with any information and/or documentation requested in connection with the exception. The Director of Planning & Development shall then either approve or deny the exception. If the exception is approved, the license shall be transferred by the Planning & Development. (c) Fee for transfers. There shall be a fee of one hundred and twenty dollars ($120.00) for transfers pursuant to this section. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) (d) New ownership; retail alcoholic beverage licenses. No retail beer, wine or whiskey license shall be transferred, but where a change in ownership is contemplated, the new owner or owners shall file a new application for a license. Changes in license ownership from one (1) party at interest named in the original application to another party at interest as named in the original application, and changes of license from one (1) employer or manager to a successor employer or manager, shall not be deemed a transfer of license within the prohibition against transfer contained in these regulations, so long as there is no change in the ownership or location. In each instance the Augusta-Richmond County Commission shall be advised in writing of such change and a complete disclosure of all facts in connection therewith shall be made at the time such request for change is presented. The Administrator shall have the authority to approve such a change of license. In the event that the Administrator denies such change of license, the applicant shall have the right within ten (10) days of such denial to appeal same to the Augusta-Richmond County Commission. An applicant for a change of license must follow the procedure for applying for an LICENSE AND BUSINESS REGULATIONS 28 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) alcoholic beverage license, excluding section 6-2-58 and section 6-2-61. A transfer fee from manager to manager shall be one hundred twenty dollars ($120.00). (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) Sec. 6-2-71. Renewal of licenses. (a) All licenses granted hereunder shall expire on December 31 of each year. Licensees who desire to renew their licenses shall file an application therefore, together with the requisite fee with the Planning & Development Department for such renewal, upon forms approved by the Director of Planning & Development, on or before December 15th of each year. (b) All licenses to be renewed for the subsequent calendar year shall be submitted by the Planning & Development Department to the Commission for approval no later than November 15th of each year. Any licenses that have been placed on probation, suspension or have been revoked by the Commission during the year shall be submitted on a separate list by the Planning & Development Department for review and consideration for approval. (c) There shall be a penalty fee charged for filing alcoholic beverage renewal application and license fee payment after the last business weekday of the current year. There shall be a penalty of 20% of the annual license fee but not less than $300.00, whichever is greater. If an alcoholic beverage license renewal application and license fee(s) have not been filed with the Planning & Development Department by January 31st of the renewal year, the license shall be declared to be abandoned and any relicensing shall require a new application. Sec. 6-2-72. Denial of application to renew license. (a) The possession of a license under this Ordinance is a privilege granted by Augusta, Georgia. The Augusta-Richmond County Commission is hereby authorized to deny the renewal of a license if it finds to exist any of the grounds constituting due cause to revoke, suspend or place on probation a license, as stated in section 6-2-74 herein. (b) When the Sheriff recommends that an application to renew a license be denied, he shall provide the Director of Planning & Development with a written report describing the reason or reasons for the recommendation. The Director shall notify the Commission and shall serve written notice on the licensee at least five (5) days before the next scheduled meeting of the Commission. The notice shall state the reason(s) given by the Sheriff for his/her recommendation to deny the renewal of the license and the time and place of the next scheduled meeting of Commission. (c) Commission shall receive evidence in the same manner described in section 6-2-74. (d) At the conclusion of the evidence, the Commission shall consider the evidence and shall decide to grant or to deny the renewal of the license. (e) If the application is denied, the Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial, together with the written report to the Director of Planning & Development who shall notify the applicant of the denial within five (5) days of the denial. Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application, by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice in writing on the Commission within five (5) days of the receipt of the denial of the application. On reconsideration, the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel, may offer testimony by witnesses or any other evidence and may question opposing witnesses. At the close of the evidence, the Commission shall either uphold its denial or shall approve the issuance of the renewal license. Provided however, that the licensee may waive the five (5) day period if the next regular meeting of the Commission is scheduled within less than five (5) days from the date of the recommendation by the Sheriff. Sec. 6-2-73. Cancellation of licenses. LICENSE AND BUSINESS REGULATIONS 29 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (a) A license issued under this Ordinance expires on December 31 of the year in which issued, unless it expires or is revoked earlier pursuant to this section. (b) A license issued under this Ordinance expires upon the individual licensee ceasing to act as licensee for any reason unless an extension is granted pursuant to subsection (c) herein. (c) Failure to open for business. All applicants for licenses hereunder must, within one hundred eighty (180) days after the approval of said license, open for business the establishment referred to in the application and license and begin the sale of the product or products authorized by the license. Failure to open the establishment and begin the sales as referred to above within the 180 day period shall serve as automatic forfeiture and cancellation of the unused license, and no refund of license fee shall be made to the license holder. Any extension of time under this section shall be granted only by the Augusta- Richmond County Commission. (d) Ceasing of operations. Any holder of a license hereunder who shall begin the operation of the business and sale of the product and products as authorized in the license, but who shall thereafter cease to operate the business and sale of the product or products authorized in the license for a period of at least nine (9) months, shall automatically forfeit his license, which license shall, by virtue of said failure to operate, be cancelled without the necessity of any further action. Any extension of time under this section shall be granted only by the Commission. Sec. 6-2-74. Probation, suspension & revocation. Any license issued under this Ordinance may be put on probation, suspended and/or revoked by the Augusta-Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or revocation of a license shall include but shall not be limited to, the following: (a) A violation of this Ordinance or any State or federal law governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for which the license was issued. (b) The conviction of the licensee of a crime which would render him or her ineligible to apply for a license. The term conviction as used herein includes a plea of guilty or nolo contendere. (c) Failure by the licensee, or any person in his employ or in the employ of the establishment for which the license was issued, to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, or on any property owned or leased by the licensee, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of a licensed establishment, in order to protect the safety and well-being of the general public and of those using the premises. (d) The revocation of the license or permit of the business to operate by any State, County, City or other governmental authority due to a violation of any law applicable to the business including, but not limited to, building codes and health codes. (e) Falsifying information or making any material misrepresentation on the application for a license under this Ordinance. Sec. 6-2-75. Procedure for probation, suspension & revocation. (a) Upon cause to believe that due cause exists for the probation, suspension or revocation of a license under this Ordinance, the Director of Planning & Development or head of any department authorized to inspect the licensed premises, shall file a complaint with the Augusta-Richmond County Commission. The Director of Planning & Development shall notify the licensee, in writing, of the time and place of the next meeting when such complaint shall be heard by the Commission or a committee thereof. Such Notice shall be deemed sufficient when mailed to licensee at the address of the location at least five (5) days prior to said hearing. (b) The Commission or committee thereof shall hear the evidence offered by the complaining authority herein and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Committee shall revoke, suspend or sustain the license, or place the licensee on probation. LICENSE AND BUSINESS REGULATIONS 30 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (c) If the Commission or committee thereof decides to revoke or suspend the license(s), all licenses issued to the location shall be surrendered to the Director of Planning & Development and no alcohol shall be sold, served or consumed on the premises. (d) If the Commission or committee thereof decides to suspend the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses to the Director of Planning & Development, who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (e) If the Commission or committee thereof sustains the license, the license shall remain in effect as issued. (f) If the Commission or committee thereof decides to place the licensee on probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. (g) The decision of the Commission or committee thereof may be appealed by either the licensee or the complaining authority by serving notice in writing on the Commission Chief Administrative Officer within five (5) days of the day of the hearing before the Commission or committee thereof. The filing of a notice of appeal shall have no effect on the status of the license as decided by the Commission or committee thereof and if the license was placed on probation, suspended or revoked, it shall remain so until said status is changed by the Commission. (h) If a notice of appeal is filed with the Augusta-Richmond County Chief Administrative Officer, he/she shall notify the appellant of the next scheduled meeting of the Commission, at least five (5) days before the date of the meeting; provided, however, that the five (5) day period may be waived by agreement of both parties. (i) At the appeal hearing, the Commission shall hear the evidence offered by the complaining authority and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Commission shall affirm or reverse its prior decision. (j) If the Commission decides to affirm its revocation of the license(s), all licenses issued to the location, if not already surrendered, shall be surrendered to the Director of Planning & Development and no alcohol shall be sold, served or consumed on the premises. (k) If the Commission decides to affirm its suspension of the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses, if not already surrendered, to the Director of Planning & Development who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (l) If the Commission reverses its prior action with regard to the license and the Director of Planning & Development has possession of the license or licenses, the license(s) shall be promptly returned to the licensee. (m) If the Commission or committee thereof decides to affirm its decision to place the licensee on probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. Sec. 6-2-76. Distance between locations of licensees. (a) No retail dealer license (Class F) for the sale of distilled spirits shall be issued to any applicant whose proposed location is within five hundred (500) yards or less from an existing location or establishment for which Augusta, Georgia has issued a retail dealer license for the sale of distilled spirits. (b) The distances provided for herein shall be measured in the same manner as provided in section 6-2-64(e) of this Ordinance. (c) The distance requirements provided for herein shall not be construed or interpreted as prohibiting an applicant, who is otherwise qualified, from being approved and granted a license which constitutes a transfer in ownership of an existing license for distilled spirits which was previously held by an owner or operator of an existing establishment. LICENSE AND BUSINESS REGULATIONS 31 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Sec. 6-2-77. License for single event; occasional license. (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (1) For-profit applicant. If the applicant is an agent for a for-profit business, the applicant must possess a valid license for the sale of alcoholic beverages for on- premises consumption under this chapter. (2) Nonprofit applicant. An agent for a non-profit organization may apply for a single event license whether or not he/she possesses a license under this chapter. (3) Sunday Sales Single Event. Restaurants as defined in Section 6-2-52 with a current Alcohol License that are not otherwise licensed for Sunday sales, are allowed to apply for a single event Sunday sales license two (2) times in a calendar year. (3a) Sunday Sales Single Event for Bars - as defined in Section 6-2-2. In accordance with O.C.G.A. 3-3-7, Augusta Georgia Commission by adoption of a resolution may authorize the sale of alcoholic beverages for consumption on the premises from 12:30 P.M. until 12:00 Midnight on one Sunday during each calendar year that shall be designated in such resolution. 1. The sale of alcoholic beverages is authorized for consumption on-premises in bars on the designated Sunday between the hours of 12:30 P.M. until 12:00 Midnight; provided further that said premises shall be vacated of all persons, including employees, by no later than 1:30 A.M. Monday. (4) Advertisement. All persons, firms or corporations desiring to engage in the sale of alcoholic beverages for a single event shall give notice of their intention to make such application by advertisement in form prescribed by Augusta- Richmond County Director of Planning & Development. 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 (e.g., front window where it can be read from the road); also, all new license applicants shall be required to advertise three (3) times in the legal gazette (Augusta Chronicle) 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. The above provisions regarding advertisement shall not apply to an application to sell alcoholic beverages in or on any museum, cultural center or facility, public park, playground, or building owned or operated by Augusta- Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as An Alcohol Beverage Location by Riverwalk Augusta (see Section 6-2-5), nor shall the above provisions regarding advertisement apply to events held by non-profit organizations or restaurants or bars applying for a single event Sunday sales license. (5) Form; information to be provided. Application for a single event license must be made in writing as provided in section 6-2-58 hereof; provided, however, that no plat shall be required, but the approximate distance of the premises for which the license is being applied from the nearest church, school, library, public recreation area, housing authority property, or alcohol treatment center shall be stated on the application. (6) Date due; fee. The application for a license hereunder shall be made at least one LICENSE AND BUSINESS REGULATIONS 32 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (1) month prior to the date of the scheduled event and / or in sufficient time to allow for advertisement, as required herein. For-Profit applicants and Non-Profit applicants shall pay a regulatory fee of one hundred dollars ($100.00) per day of the event by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. A bar or restaurant shall pay a regulatory fee of two hundred fifty dollars to three hundred twenty-five dollars ($250.00 - $325.00) per Sunday Sales Single Event by certified check, cashier's check or money order made payable to the Augusta-Richmond County Commission. (Fees are subject to change / contact the Planning & Development Department for the current fee schedule.) (7) Occasional, single event. The event for which the occasional, single event license is sought by the For-Profit and Non-Profit applicants may not exceed seven (7) calendar days in duration and the licensee shall not be eligible for an occasional event license more frequently than once every three (3) months, except in any area in which no advertisement is necessary pursuant to Section (a) (4) above. A Sunday Sales Single Event restaurant licensee shall not be eligible for an occasional single event license more frequently than two (2) times in a calendar year. (8) Untrue or misleading information; material omissions. Any untrue or misleading information contained in, or material omission left out of, an application for a license hereunder shall be cause for the denial of the license; and, if any license has been granted under such circumstances, the license shall be subject to revocation. (9) Grounds for denial. In addition to the other grounds provided in this Ordinance for the denial of a license, an application for an occasional, single event license may be denied on one or more of the following grounds: a. The location or terrain for the proposed event may be hazardous to a person consuming alcoholic beverages. b. The number of anticipated attendants of the event renders the consumption of alcoholic beverages a danger to the safety of the public. c. The proposed location for the event is in an area in which numerous incidents requiring police intervention occurred. d. The applicant is not eligible for a license under this Ordinance pursuant to sections 6-2-61, 6-2-62 and/or 6-2-63. e. There is evidence from this or other jurisdictions that the activities combined with consumption of alcoholic beverages, may cause a danger to the safety of the attendants or the public. (10) Procedures. a. The Director of Planning & Development shall forward the application to the Recreation Department Director, if applicable, and then forward to the Richmond County Sheriff, who shall indicate his approval or disapproval of the application. The Sheriff may condition the approval of such application on the licensee's providing a sufficient number of security personnel for the protection of the public during the event. If approved, the application shall be forwarded back to the Planning & Development Department for processing as stated in 6-2-77(a) 4. b. For such applications from Non-Profit organizations and Sunday Sales Single Event Restaurant and Bar applicants, the Director of Planning & LICENSE AND BUSINESS REGULATIONS 33 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) Development Department with a written approval report from the Sheriff, and Recreation Department if applicable, shall grant the license. The Director of Planning & Development shall issue the license. The license shall be valid for the location, date(s) and time(s) specified therein only. c. If the Sheriff and / or Recreation Department if applicable, denies the application, the Director of Planning & Development shall promptly notify the applicant in writing of the reason(s) for the denial. (11) Appeal. An applicant may appeal the denial of a license under this subsection by filing written notice with the Augusta-Richmond County Commission Chief Administrative Officer within five (5) days of receiving notice of the denial. The Commission shall hear the evidence and make its determination at its next regularly scheduled meeting. Notice of the next scheduled meeting of the Commission shall be served on the applicant at least three (3) days prior to the meeting, unless the three-day period is waived by the applicant. The Commission shall receive evidence in the manner provided in section 6-2-74 herein and shall decide to uphold or reverse the decision of the Chairman-Mayor of Augusta- Richmond County. Secs. 6-2-78—6-2-100. Reserved. ARTICLE 3 EXCISE TAX MALT BEVERAGES, WHISKEY, WINE Sec. 6-2-101. Levy; schedule. Each wholesaler who sells to retailers located in Augusta, Georgia shall pay an excise tax in the amount of $0.22 per liter on the sale of liquors and wines, and an excise tax in the amount of $0.05 per 12 ounces on the sale of malt beverages (or proportionately thereof so as to graduate the tax on bottles, cans and containers of various sizes) plus an excise tax on malt beverages of $6.00 for each container of 15 and 1/2 gallons and a like rate for fractional parts thereof. Sec. 6-2-102. In addition to other license fees, etc. The excise tax provided for in this article shall be in addition to any license fee, tax or charge which may now or in the future be imposed upon the business of selling malt beverages, whiskey or wine at retail or wholesale, within Augusta-Richmond County. Sec. 6-2-103. Payment. The excise tax shall be paid as follows: Each wholesale dealer selling malt beverages within Augusta- Richmond County shall file with the Planning & Development Department a report by the tenth day of each month showing, for the preceding calendar month, the exact quantities of beverages by size and type of container, constituting a beginning and ending inventory for the month, sold within Augusta-Richmond County. Each such liquor and wine wholesale dealer shall also remit to the Planning & Development Department, on the twentieth of each month succeeding the calendar month in which such sales were made, the amount of excise tax due by check payable to the Augusta-Richmond County Commission, in accordance with this section, with no discount by state law. All books and records of each such wholesale dealer shall be subject to inspection and audit by the Planning & Development Department to verify compliance with this section. Wholesale dealers of whiskey and wine shall file this report by the twentieth day of each month. Sec. 6-2-104. Collection fee discount; penalties for nonpayment. LICENSE AND BUSINESS REGULATIONS 34 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (a) Each wholesale dealer of whiskey or wine shall be allowed to deduct two and one-half (21/2) percent as a collection fee on the excise tax collected each month. Upon the failure to make a timely report and remittance on the twentieth day of the month next succeeding the calendar month in which such sales were made, the collection fee shall be forfeited. Failure to make a timely report and remittance within thirty (30) days after the twentieth day of the month next succeeding the month in which such sales were made shall render a wholesale dealer liable for a penalty equal to ten (10) percent of the total amount due during the first thirty-day period following the date such report and remittance were due; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to fifty (50%) percent of the amount of remittance which would be required under an accurate and truthful report. (b) Each wholesale dealer of malt beverages upon the failure to make a timely report and remittance on the tenth day of the month next succeeding the calendar month in which such sales were made shall render a wholesale dealer liable for a penalty equal to 5% of the amount due or $50, whichever is greater; and a further penalty of five (5) percent of the amount of such remittance for each successive thirty-day period, or any portion thereof, during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to fifty (50%) percent of the amount of remittance which would be required under an accurate and truthful report. Sec. 6-2-105. Appropriation of beer excise tax revenue. All proceeds from the beer excise tax imposed by this article are hereby appropriated by the Augusta- Richmond County Commission. Secs. 6-2-106—6-2-115. Reserved. ARTICLE 4 MIXED DRINKS Sec. 6-2-116. Definitions. The following words, terms and phrases shall, for the purpose of this article, be defined as follows: (a) Alcoholic beverage. Any beverage containing alcohol obtained by distillation, including rum, whiskey, gin and other spirituous liquors by whatever name called, but not including malt beverages, fermented wines or fortified wines. (b) Person. An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, nonprofit corporation or cooperative nonprofit membership, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting a unit, the plural as well as the singular number, excepting the United States of America, the State of Georgia, and any political subdivision of either thereof upon which the Augusta-Richmond County Commission is without power to impose the tax herein provided. (c) Purchaser. Any person who orders and gives present or future consideration for any alcoholic beverages by the drink. (d) Licensee. Any person who holds a permit from Richmond County, the City of Augusta, or Augusta-Richmond County to sell alcoholic beverages by the drink. (e) Drink. Any alcoholic beverage served for consumption on the premises, which may or may not be diluted by any other liquid. (f) Purchase price. The consideration received for the sale of alcoholic beverages by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property or services of any kind or nature and also the amount for which credit is allowed by the licensee to the purchaser, without any deduction therefrom whatsoever. LICENSE AND BUSINESS REGULATIONS 35 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (g) Agent. That person designated by a licensee in his application for a license to sell alcoholic beverages by the drink in Augusta-Richmond County. (h) Tax. The tax imposed by this article. (i) Monthly period. The calendar month of the year. (j) Director of Planning & Development. That person named as director of the Richmond County Planning & Development Department, or any designated representative thereof. Sec. 6-2-117. Imposition and rate of tax. There is hereby imposed and levied upon every sale of an alcoholic beverage purchased by the drink in Augusta-Richmond County a tax in the amount of three (3) percent of the purchase price of said beverage. Sec. 6-2-118. Purchaser's receipt; creditor deferred payment. Every licensee for the sale of alcoholic beverages by the drink operating a place of business in Augusta- Richmond County shall, at the time of collecting for food and drinks served, give to the purchaser a receipt on which the price of alcoholic beverages served shall be itemized separately. Where the charges for food and drink are satisfied by credit card or deferred payment at hotels or motels, the payment of the tax to the licensee may be deferred in a like manner; however, the licensee shall be liable therefor at the time and to the extent that such credits are incurred. Sec. 6-2-119. Persons liable for tax. Every licensee or his agent is hereby authorized and directed to collect the tax herein imposed from purchasers of alcoholic beverages by the drink sold within his licensed premises. Such licensee or his agent shall furnish such information as may be requested by the Director of Planning & Development to facilitate the collection of this tax. Sec. 6-2-120. Determinations, returns and payments. (a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the Director of Planning & Development of Augusta-Richmond County monthly on or before the twentieth day of every month next succeeding each respective monthly period, as set forth in section 6-2-103 herein. (b) Return; time of filing; persons required to file; execution. On or before the twentieth day of the month following each monthly period, a return for the preceding monthly period shall be filed with the Director of Planning & Development of Augusta-Richmond County in such form as the director may prescribe by every licensee or agent liable for the payment of tax hereunder. (c) Contents of return. All returns shall show the gross receipts from the sale of alcoholic beverages by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the Director of Planning & Development. (d) Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to Planning & Development Department, 1815 Marvin Griffin Road, Augusta, Ga. 30906, for Augusta-Richmond County. (e) Collection fee allowed operators. Operators collecting the tax shall be allowed to receive a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, P. 360) as now or hereafter amended. Sec. 6-2-121. Deficiency determinations. (a) Recomputation of tax; authority to make; basis of recomputation. If the Director of Planning & Development is not satisfied with the return or returns of the tax, or the amount of the tax to be paid to the Augusta-Richmond County Commission by any person, he may LICENSE AND BUSINESS REGULATIONS 36 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) compute and determine the amount required to be paid upon the basis of any information within his possession or that may come into his possession. One or more than one deficiency determination may be made of the amount due for one or more than one monthly period. (b) Interest on deficiency. The amount of the deficiency determination, exclusive of penalties, shall bear interest at the rate of one (1) percent per month or fraction thereof from the twentieth day after the close of the monthly period in which the amount or any portion thereof should have been returned until the date of payment. (c) Offsetting of overpayment. In making a deficiency determination, the Director of Planning & Development may offset overpayment, for a period or periods, against underpayment, for another period or periods, against penalties, and against the interest on underpayment. The interest on overpayment shall be computed in the manner set forth in subsection (b) above. (d) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to negligence or disregard of rules and regulations, a penalty of twenty-five (25) percent of the amount of such deficiency shall be added thereto. (e) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade any provisions of this article or other authorized rules and regulations, a penalty of fifty (50) percent of the deficiency shall be added thereto. (f) Notice of Director of Planning & Development's determination; service of. The Director of Planning & Development, or his designated representative, shall give to the licensee written notice of his deficiency determination. The notice may be served personally or by mail; if by mail such service shall be pursuant to O.C.G.A. § 9-11-4 and shall be addressed to the licensee at his address as it appears in the records of the Director of Planning & Development. In case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office. (g) Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three (3) years after the twentieth day of every month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Sec. 6-2-122. Determination if no return made. (a) Estimate of gross receipts. If any licensee fails to make a return, the Director of Planning & Development shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Augusta-Richmond County which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is in, or may come into, the possession of the Director of Planning & Development. Upon the basis of this estimate, the Director of Planning & Development shall compute and determine the amount required to be paid the Commission, adding to the sum thus determined a penalty equal to fifteen (15) percent thereof. One (1) or more deficiency determinations may be made for one (1) or for more than one (1) period. (b) Manner of computation; offsets; interest. In making a determination under this section, the Director of Planning & Development may offset overpayment for a period or penalties against the interest on the underpayment. The interest on underpayment shall be computed in the manner set forth in section 6-2-121(c). (c) Interest on amount found due. The amount of the determination under this section, exclusive of penalties, shall bear interest at the rate of one (1) percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment. (d) Penalty for fraud or intent to evade. If the failure of any person to file a return is due to fraud or an intent to evade this article or rules and regulations, a penalty of twenty five (25) percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto in addition to the twenty (20) percent penalty provided in section 6-2-121(d). LICENSE AND BUSINESS REGULATIONS 37 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (e) Giving of notice; manner of service. Promptly after making his determination, the Director of Planning & Development shall give to the person written notice, to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. Sec. 6-2-123. Penalties and interest for failure to pay tax. Any licensee who fails to pay the tax herein imposed to the Augusta-Richmond County Commission, or fails to pay any amount of such tax required to be collected and paid to the Commission, within the time required, shall pay a penalty of ten (10) percent of the tax, or amount of the tax, in addition to the tax or amount of the tax, plus interest on the unpaid tax or any portion thereof, as set forth in section 6-2-121(b). Sec. 6-2-124. Collection of tax. (a) Security, Director of Planning & Development may exact; amount; sale of; notice of sale, return of surplus. The Director of Planning & Development, whenever he deems it necessary to ensure compliance with this article, may require any person subject hereto to deposit with him such security as the director may determine. The amount of the security shall be fixed by the director but shall not be greater than twice the person's estimated average liability for the period for which he files returns, determined in such a manner as the director deems proper, or ten thousand dollars ($10,000.00), whichever amount is the lesser. The amount of the security may be increased by the Director of Planning & Development subject to the limitations herein provided. The director may sell the security at public auction, with the approval of the Augusta-Richmond County Commission, if it becomes necessary to do so in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who deposited the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the Director of Planning & Development. Upon any sale, any surplus above the amounts due shall be returned to the person who deposited the security. (b) Notice of delinquency to persons holding, credits or property of delinquent; time for; duty of persons so notified. If any person is delinquent in the payment of the amount required to be paid by him, or in the event a determination has been made against him which remains unpaid, the Director of Planning & Development may, not later than three (3) years after the payment became delinquent, give notice thereof by registered mail to all persons in Augusta-Richmond County having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the director consents to a transfer or disposition or until twenty (20) days elapse after the receipt of the notice. All persons so notified shall, within five (5) days after receipt of the notice, advise the director of all these credits, other personal property, or debts in their possession, under their control or owing by them. (c) Action for tax; time for. At any time within three (3) years after any tax or any amount of tax required to be collected becomes due and payable and at any time within three (3) years after the delinquency of any tax or any amount of tax required to be collected, the Director of Planning & Development may bring an action in the courts of this state, or any other state, or of the United States, in the name of the Augusta-Richmond County Commission, to collect the amount delinquent, together with penalties and interest, court fees, filing fees, attorney's fees and other legal fees incident thereto. (d) Duty of successors or assignees of operator to withhold tax from purchase money. If any operator liable for any amount under this article sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount due and owing until the former owner produces a receipt from the Director of Planning & Development showing that he has been paid or a certificate stating that no amount is due. (e) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. If the purchaser of a business fails to withhold the purchase price as required under subsection (d) above, he becomes personally liable for the payment of the amount required to be withheld by him to LICENSE AND BUSINESS REGULATIONS 38 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) the extent of the purchase price valued in money. Within thirty (30) days after receiving a written request from the purchaser for a certificate, the Director of Planning & Development shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the Director of Planning & Development of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation of a successor may be enforced shall start to run at the time the operator sells out his business or at the time that the determination against the operator becomes final, whichever event occurs later. (f) Refund of tax, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or received by Augusta-Richmond County under this Ordinance, it may be offset as provided in section 6-2-121(c) or it may be refunded, provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Director of Planning & Development within three (3) years from the date of payment. The claim shall be audited and shall be made on forms provided by the director. If the claim is approved by the director and the Augusta-Richmond County Commission, the excess amount collected or paid may be refunded or may be credited on any amounts then due and payable from the person from whom it was collected or by whom paid; and the balance may be refunded to this person, his administrators or executors. Sec. 6-2-125. Administration of article. (a) Authority of Director of Planning & Development. The Director of Planning & Development shall administer and enforce the provisions of this article for the levy and collection of the tax imposed by this article. (b) Rules and regulation. The Director of Planning & Development shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of Augusta-Richmond County and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of this article and the collection of the taxes hereunder. (c) Records required for operators, etc.; form. Every licensee for the sale of alcoholic beverages by the drink in this county to a person shall keep such records, receipts, invoices and other pertinent papers in such form as the Director of Planning & Development may require. (d) Examination of records; audits. (1) The Director of Planning & Development, auditor of Augusta-Richmond County, or any person authorized in writing by the director, may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid. (2) Upon demand by the Director of Planning & Development, auditor, or designated representative, any person holding a license from Augusta-Richmond County, shall open to the Director of Planning & Development, auditor, or designated representative, his place or places of business for the purpose of enabling the director or his representative to ascertain and gain such information as may be necessary for determination of the proper classification of such license holder for license fee purposes and determination of the correct amount of license fee to which such person is subject. Upon demand by the Director of Planning & Development, or his designated representative, any person holding a license from Augusta-Richmond County shall furnish the director or his representative, during normal business hours at such person's place of business, all books of account, invoices, papers, reports and memoranda containing entries showing amount of purchases, sale receipts, inventory and other information, ascertained and from which the correct amount of the fee to which he is subject may be determined, including exhibition of bank deposit books, bank statements, and copies of sales tax reports, employee W-2’s, 1099 Forms, and any other such documents as Augusta-Richmond County may deem necessary. Any person holding a license from Augusta-Richmond LICENSE AND BUSINESS REGULATIONS 39 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) County shall secure, preserve, maintain and keep for a period of three years the records and documents enumerated and referred to in this section. (e) Authority to require reports; contents. In administration of the provisions of this article, the Director of Planning & Development may require the filing of reports by any person or class of persons having in such person's or persons’ possession or custody information relating to sales of alcoholic beverages which are subject to the tax. The reports shall be filed with the Director of Planning & Development when required by the director and shall set forth the price charged for each sale, the date or dates of sale and such other information as the Director of Planning & Development may require. (f) Disclosure of business of operators, etc.; limitations on rule. The Director of Planning & Development or any person having an administrative duty under this article shall not make known in any manner the business affairs, operations or information obtained by an audit of books, papers, records, financial reports, equipment and other facilities of any licensee or any other person visited or examined in the discharge of official duty, or the amount of source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this Ordinance, except in the case of judicial proceedings or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, and assignees, if directly interested, may be given information as to the items included in the measure and amount of unpaid tax or amounts of tax required to be collected, interest and penalties. Sec. 6-2-126. Revocation of license. The continuous failure to pay the above prescribed tax shall render the dealer or person liable therefor subject to revocation of their alcoholic beverage license(s) in accordance with the procedures set out in the Code of Augusta-Richmond County. Sec. 6-2-127. Severability. If any section, provision, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such individuality shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Secs. 6-2-128—6-2-140. Reserved. ARTICLE 5 SALES OFF PREMISES FOR CATERED FUNCTIONS Sec. 6-2-141. Definitions. As used in this chapter, the term: (a) Food caterer. Any person who prepares food for consumption off the premises. (b) Caterer - Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (c) Person. Any individual, company, corporation, association, partnership, or other legal entity. Sec. 6-2-142. Licensed alcoholic beverage caterers eligible for off-premise licenses; application fee. (a) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. LICENSE AND BUSINESS REGULATIONS 40 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) (b) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (c) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (d) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (e) An alcoholic beverage caterer shall make application for an off-premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the Augusta-Richmond County Commission through the Director of Planning & Development, and shall pay to Augusta an annual license fee in the amount of three hundred sixty-five ($365.00) dollars. Sec. 6-2-143. Event permits. In order to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered function in Augusta, a licensed alcoholic beverage caterer shall be required to: (a) Apply to the Augusta-Richmond County Commission through the Director of Planning & Development for an event permit. Augusta shall charge a fee of twenty-five dollars ($25.00) for such event permit except as hereinafter provided for one whose alcoholic beverage caterer's license was issued by a political subdivision other than Augusta. The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number. When the catered function is domiciled in Augusta and the alcoholic beverage caterer's license was issued by a political subdivision other than Augusta, Augusta shall charge an event permit fee of fifty dollars ($50.00) and levy local excise taxes on the total quantity of alcoholic beverages brought into such political subdivision by the caterer. Applications for event permits should be made to the Director of Planning & Development in accordance with the provisions of this Chapter; and (b) Provide satisfactory reports to Augusta on forms provided by the Department of Planning & Development stating the quantity of any and all alcoholic beverages transported from the licensee's primary premises to the location of the authorized catered function and such other information as required by Augusta; and (c) Maintain original local event permits and documents required by Augusta in the vehicle transporting the alcoholic beverages to the catered function at all times. Sec. 6-2-144. Violations. (a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this chapter. This subsection shall not affect any other provisions of this chapter which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business. (b) It shall be unlawful for a licensed alcoholic beverage caterer licensed under this chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit. (c) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell. (1) Distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises. (2) Malt beverages or wine in any jurisdiction which does not permit the sale of malt LICENSE AND BUSINESS REGULATIONS 41 Augusta Alcohol Ordinance Proposed Amendments April 11, 2018 (Alcohol Ordinance amended micro breweries, etc 20180411) beverages or wine by the drink for consumption only on the premises. (d) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any hours in which the sale of alcoholic beverages by the drink for consumption only on the premises is not permitted by Augusta. (e) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (f) It shall be unlawful for a licensed alcoholic beverage caterer to employ any person under twenty-one (21) years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages. It is the intent of this subsection to prevent any person employed by such caterer, or any other employee, to knowingly violate any prohibitions contained in this Code relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under twenty-one (21) years of age. (g) Nothing in this chapter shall be construed to authorize the sale of alcoholic beverages by a caterer in any jurisdiction where the sale of distilled spirits by the drink for consumption only on the premises has not been legalized. (h) Any licensee hereunder, or any person employed by licensee or business for which the license was granted, who violates the provisions of this Code section shall subject the license of the licensee to suspension or revocation, and the individual shall be subject to trial and conviction of a misdemeanor and shall be punished as provided in section 1-6-1 of this Code. Sec. 6-2-145. Severability. If any section, provision, or clause or any part of this article shall be declared invalid or unconstitutional, or if the provisions of any part of this article as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this article not so held to be invalid, or the application of this article to other circumstances not so held to be invalid. It is hereby declared as the intent that this article would have been adopted had such invalid portion not been included herein. Commission Meeting Agenda 5/1/2018 2:00 PM Alcohol Ordinance Amendments Department:Planning & Development Department:Planning & Development Caption:Motion to approve amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to include additional definitions, amendments to comply with State regulations, and amendments for regulating brewpubs, breweries, and distilleries. (Approved by Public Services Committee April 24, 2018) Background:The State Code amendments regulating alcohol include definitions, minimum age for working in bars, and provisions to allow breweries and distilleries to have on-premise consumption and retail sales of their respective products. The Augusta Comprehensive Zoning Ordinance was recently amended to provide zoning designations for breweries and distilleries. The proposed Alcohol Ordinance amendments reflect these changes. Analysis:The proposed amendments will keep the Augusta Alcohol ordinance current with the State alcohol codes and provide regulations for the operation of brewpubs, breweries, and distilleries. Financial Impact:The Alcohol License for brewpubs and breweries is $1,000.00, and $1,500.00 for distilleries. Alternatives:N/A Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Massage Operator Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by Tera Ashley Montroy for a Massage Operator's License on an Outcall Basis to used in connection with Massage etceTERA located at 2525 Centerwest PKWY APT 7G. District 7. Super District 10. (Approved by Public Services Committee April 24, 2018) Background:This is a New Application. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance that regulates Massage Operator's. Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator's License and a fee based on estimated gross revenue reported. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting 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 Invitation to Bid Sealed bids will be received at this office until Friday, January 12, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-121 Mobile Stage for Augusta, GA – Recreation and Parks Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, December 29, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 7, 14, 21, 28, 2017 Metro Courier December 13, 2017 OFFICIAL Bid Item #18-121 Mobile Stage for Augusta, Georgia- Recreation & Parks Department Bid Date: Friday, January 12, 2018 @ 11:00 a.m. VENDORS Century Industries 299 Prather Lane, PO Box "C" Sellerburg, IN 47172 Attachment B YES E-Verify Number 1244316 SAVE Form YES Make FRONT ROW SERIES Model FR4532 Year 2018 90950 FLY BAY END DOORS $4,140.00 90947 MONITOR MIX PLATFORM $1,890.00 90921 12 PORTABLE 4' X 8' OUTDOOR $1,093.00 10204 ADDITIONAL STAIRS $1,085.00 90920 EQUIPMENT LOADING RAMP $1,800.00 REMOVABLE STAGE DECK ALUMINUM GUARDRAILS $721.00 10209 48” HANDICAPPED ACCESS LIFT $7,999.00 90951 61” HANDICAPPED ACCESS LIFT $15,890.00 10238 ALUMINUM STORAGE LOCKER $580.00 90927 HYDRAULIC LEVELING/SUPPORT $8,048.00 90943 MONITOR PLATFORM WEATHER $1,890.00 70127 FIFTH-WHEEL HITCH $2,860.00 42201 ELECTRICAL UPGRADE PACKAGE #1 $2,887.00 40030 ELECTRIC RECEPTACLE $184.00 90929 EXTERIOR LED FLOOD INCLUDED IN BASE UNIT 40029 LED COMPARTMENT LIGHTS INCLUDED IN BASE UNIT Mobile Stage: Total Number Specifications Mailed Out: 8 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 192 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 Options: Page 1 of 2 OFFICIAL Bid Item #18-121 Mobile Stage for Augusta, Georgia- Recreation & Parks Department Bid Date: Friday, January 12, 2018 @ 11:00 a.m. VENDORS Century Industries 299 Prather Lane, PO Box "C" Sellerburg, IN 47172 Total Number Specifications Mailed Out: 8 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 192 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 1 Total Non-Compliant: 0 51005 8,000 WATT ENCLOSED DIESEL GENERATOR $10,007.00 51006 12,000 WATT ENCLOSED DIESEL GENERATOR $14,197.00 42008 PROFESSIONAL THEATRE LIGHTING PACKAGE #2 $10,504.00 42150 FR LIGHT PKG. #1 – LED Par 64-36 $5,608.00 41006 PRO-SOUND SYSTEM PACKAGE #1 $2,887.00 41008 PRO-SOUND SYSTEM PACKAGE #3 $8,794.00 56060 DECORATIVE STAGE SKIRT $2,640.00 90945 WINDWALL $8,371.00 70002 EXTERIOR GRAPHICS $4,477.00 90935 PRINTED MESH BANNERS $1,230.00 91111 MARQUEE BANNER $2,970.00 APPROX DELIVERY TIME 90-120 DAYS ARO TOTAL FOR BASE UNIT $118,327.00 DELIVERY CHARGES $1,106.00 Page 2 of 2 Commission Meeting Agenda 5/1/2018 2:00 PM Mobile Stage Purchase Bid #18-121 Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve Bid Item #18-121, Mobile Stage for Augusta Recreation and Parks Department, to Century Industries for $189,324. (Approved by Public Services Committee April 24, 2018) Background:The Augusta Recreation and Parks Department is seeking to offer additional festivals and events to the public. An outdoor mobile stage would allow us the flexibility in providing attractive, professional staging throughout our community, wherever needed. More cost effective than permanent staging, the mobile stage will provide: professional outdoor staging, fast set up with minimal power, event staging throughout your community, increased facility utilization, minimal site impact, multi-use site. Analysis:Eight (8) bid packages were mailed out to industry vendors. One bid was received. Century Industries met all the requirements contained in the bid documents. Financial Impact:$189,324 Alternatives:1 - To Approve Bid Item #18-121, Mobile Stage purchase for $189,324 to Century Industries. 2 - Move No Action. Recommendation:Approve the purchase of the mobile stage via bid #18-121 Funds are Available in the Following Accounts: 328061110/212066105 $ 81,000 329061110/216057909 $108,324 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1,:00 p.m. Commission/Committee: @Iease check one and insert meeting date) L.l (S.+f t 6 Contact Information for IndividuaVPresenter Making the Request: -Telephone Number: Fax Number: E-Mail Address: Please send this request form to the following address: Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 5/1/2018 2:00 PM Tonya Bonitatibus Department: Department: Caption:Ms. Tonya Bonitatibus requesting the City of Augusta move forward with hiring McLaughlin Group to create concept drawings for the Whitewater Center included in Destination Blueprint adopted by the city on June 6, 2017. (No recommendation from Public Services Committee April 24, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Asset Yr/Make/Model Miles Age Miles Type Svc Reliability Maint Cond Total 2100479 10 Ford Crown Vic Totaled 206086 07 Ford Crown Vic Totaled 213056 13 Dodge Charger Totaled 215068 15 Dodge Charger Totaled 210276 11 Ford Crown Vic Totaled 208055 09 Ford Crown Vic Totaled 210299 11 Ford Crown Vic Totaled 204183 05 Ford Crown Vic 174,482 13 17 3 3 3 3 42 206083 07 Ford Crown Vic 163,549 11 16 3 3 3 3 39 207029 07 Ford Crown Vic 197,646 11 19 3 3 3 3 42 207037 07 Ford Crown Vic 166,630 11 16 3 2 2 3 37 208067 09 Ford Crown Vic 176,815 9 17 3 3 3 3 38 203059 03 Ford Crown Vic 168,006 15 16 2 4 4 3 44 203057 03 Ford Crown Vic 174,391 15 17 2 2 3 3 42 208107 08 Chevrolet Impala 170,550 10 17 2 2 2 2 35 203055 03 Ford Crown Vic 243,662 15 24 2 2 4 3 50 RCSO DEMOGRAPHICS DIVISION BREAKOUT Administration 12 Civil Investigation 65 Community Service 12 Narcotics 40 Road Patrol 284 Training Range 26 Civil & Fugitive 30 Jail 28 TOTAL 497 Average number of vehicles replaced each year = 42 (8%) average number of vehicles lost in accidents per year = 11, lowers replacement to 6% DIVISION MILES 125,000-149,999 150,000-174,999 175,000-199,999 >200,000 Administration 1 Civil Investigation 10 7 1 Community Service 2 3 1 Narcotics 3 3 2 1 Road Patrol 44 41 14 3 Training Range 13 7 4 Civil & Fugitive 6 5 9 8 Jail 9 1 3 1 85 65 23 12 Total of 185 over in mileage for all divisions (9 vehicles in Narcotics should not be considered as Narcotics uses Forfeiture Funds for vehicle replacement) Year Admin Civil Inv Community Service Narc Road Patrol Tng Rng Civil/Fug Jail 1999 * 1 5 1 5 2000 6 3 3 2001 2002 2003 2 2 3 7 5 2004 1 2 2005 1 1 1 3 2 1 1 2006 1 1 6 2 2 1 2007 9 1 4 22 5 4 2 2008 1 4 1 3 3 1 4 1 2009 1 1 35 3 3 2010 2 9 6 17 2 2 2011 4 34 3 2012 10 1 5 1 2 2013 2 5 1 2 59 2 6 2014 4 5 32 2015 2 1 1 23 3 2016 3 6 6 10 1 3 2017 2 7 1 36 12 66 12 41 284 26 30 29 *1993 E- 350 Cargo Van, 1992 Ford F-150 TOTAL 497 Invitation to Bid Sealed bids will be received at this office until Friday, January 12, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-123 2018 Dodge Police Vehicles for Augusta, GA – Central Services Department – Fleet Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, December 29, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 7, 14, 21, 28, 2017 Metro Courier December 13, 2017 Commission Meeting Agenda 5/1/2018 2:00 PM 2018 - Sheriff's Vehicles - Capital Outlay Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Fleet Management Department request to replace 7 - Road Patrol, 4 - Traffic, 2 - Administration, 1- Community Services, 1- Training Range and 1 - Civil & Fugitive vehicles within the Sheriff’s Office using Capital Outlay funds. Akins Ford Corp. Bid Item 18-123 (Approved by Administrative Services Committee April 24, 2018) Background:SPLOST VII’s allocation for the Sheriff’s Office vehicles is $1,200,000 each year. The average number of vehicles replaced under SPLOST, each year, is 42 or 8% of the Sheriff’s total light vehicle fleet. The average number of vehicles lost each year to accidents is 11. In SPLOST VI and VII the emphasis has been on replacing Road Patrol and Civil Investigative Division (CID) vehicles. The annual replacement for Road Patrol is 7 % and CID is 12% Analysis:The Procurement Department published a competitive bid using the Demand Star national electronic bid application for Police Vehicles with the following results. Bid 18-123 – Patrol Package: Akins Ford Corp = $27,917.00; Ginn Chrysler Jeep Dodge = $29,735.00 for a total of $195,419.00. Traffic Package: Akins Ford Corp = $28,235.00, Ginn Chrysler Jeep Dodge = $29,953.00 for a total of $119,812.00. Administrative Package (CID): Akins Ford Corp = $22,229.00, Ginn Chrysler Jeep Dodge = $22,874.00 for Administration, Community Service and Training Range for a total of $68,622.00. Civil Package: Akins Ford Corp = $22,813.00, Ginn Chrysler Jeep Dodge = $24,469.00. Financial Impact:7-Road Patrol Vehicles at $27,917.00 each = $195,419.00; 4-Traffic Vehicles at $28,235 each = $112,940.00; 2 – Administration Vehicles at $22,229.00 each = $44,458.00; 1-Community Services Vehicle at $22,229.0; 1 – Training Range Vehicle at $22,229.00; and 1-Civil & Fugitive Vehicle at $22,813.00. The total amount for the Sheriff’s vehicles is $420,088.00. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the request to replace 16 Sheriff’s vehicles at a cost of $420.088.00 and declare the turned in vehicles surplus and available for auction. Funds are Available in the Following Accounts: 272-01-6440/54.22110 Capital Outlay REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, June 2, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-185 Utility Cart for Augusta Central Services Department – Fleet Maintenance Division Bid Item #17-188 Dump Truck for Augusta Central Services Department – Fleet Maintenance Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 19, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 27, May 4, 11, 18, 2017 Metro Courier May 3, 2017 4- Central Senrices Department,'Z'a' l akryah .\. Douse, DircctorA R.n Crowden, Fleet Manager ,#:LTTi:1i,?: Augusta GA 30904 Phone (706) 821-2892 TO: FROM: SUBJECT: DATE: MEMORANDUM MS. Geri Sams, Director, procurement Department Ron Crowden, Fleet Manager, Central Services Department Bid Award Request - 17-188 Dump Truck Jwte29,2017 Fleet Management would like to request the award for the atlach4ed,compilation sheet for bid17- 188, Dump Truck, which opened Jwrc 2, 2017 be offered to Fleetcare Commercial. Thevender was the lowest priced bidder and satisfactorily met the required bid specifications. Theresults are attached. It should be noted that the bidders with the two lowest bids both had exceptions. In both casesthe exceptions were acceptable. Please let us know when the vendor administration is completedon this award so that we may move forward in obtaining commission approval. If you have any questions or concerns, please contact me. Best Personal Regards, /2,/*,/- Ron Crowden Fleet Manager 'LT.irJtr ES ru i:;]r* Bid Opening ttem ##188 DumE'ffii t0l for Augusta, Georgia - Central Seruices Department Fleet Maintenence Division June 2, 2017 @11:ff) a.m. Number Specifi cations Download (Demandstar):12 Electronac Notifications (Demandstar): 149 Pre-Bid/Telephone Conference : I{A Frelghtllner of Augusta 515 Skpiew Drive Augusta, GA 30901 Fleetcare Commerclat 1242 Nowell Drive Augusta, GA 30901 Rush Truck Center 2925 Gun Club Road Augusta, GA 3090? 15e,180 DAYS ARO yendor has baen deemea non-comilililE?uEE" uEEtrr€s non-Gompllant tor faaling to provide a Business tlcense numbfiii'ofAddendum #1: Rush Truck center/2g2s Gun crub Road, Augusta, GA 30907 OFFICIAL 1?-t !tqa! !rtl --,r rt.rtE g i_ d Jliit t-:I i-'H ':!.;{"1 Page 1 of 1 - Commission Meeting Agenda 5/1/2018 2:00 PM 2018 - Utilities Construction - Dump Truck Department:Central Services - Fleet Management Department:Central Services - Fleet Management Caption:Motion to approve the purchase one non-CDL required dump truck for the Utilities Department, Construction and Maintenance Division. Fleetcare Commercial, Bid 17-188 (Approved by Administrative Services Committee April 24, 2018) Background:The Construction and Maintenance Division of the Utilities Department is having difficulty with hiring CDL qualified drivers. This is affecting their ability to conduct timely repairs to the sewer infrastructure. The smaller dump truck, not requiring a CDL qualified driver will allow a variety of staff to operate the truck. The vendor has agreed to honor the pricing for Bid 17- 188 , memo attached. Analysis:The Procurement Department published a competitive bid using the Demand Star electronic bid application. The results of Bid 17-188 - Dump Truck, which closed June 2, 2017, are: Fleetcare Commercial at $71,900.00; Freightliner of Augusta at $77,383.00 and Rush Truck Center at $81,848.00. The tabulation sheet is attached for review. Financial Impact:The Procurement Department published a competitive bid using the Demand Star electronic bid application. The results of Bid 17-188 - Dump Truck, which closed June 2, 2017, are: Fleetcare Commercial at $71,900.00; Freightliner of Augusta at $77,383.00 and Rush Truck Center at $81,848.00. The tabulation sheet is attached for review. Alternatives:The purchase of this truck is from 2017 Capital Outlay – Fleet, for $71,900.00 from the following account: 506-04- 3410/54.22510. Recommendation:Approve the purchase of the truck. Funds are Available in the Following Accounts: 506-04-3410/54.225410 - Utilities Construction Capital Outlay REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Webster Kitchen HVAC System Webster Laundry HVAC System Bid Price for Both Compliance Review 3% Goal Waters Mechanical PO Box 23 Glennville, GA 30427 Yes 363018 Yes $89,500.00 $89,500.00 $179,000.00 YES Gold Mech, Inc. 1559 Broad Street Augusta, GA 30904 Yes 181543 Yes $83,300.00 $81,995.00 $165,295.00 YES Jonny's Heating & Air PO Box 6734 Augusta, GA 30916 Trane 3342 Commerce Drive Augusta, GA 30909 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar):0 Total Electronic Notifications (Demandstar): 0 Local Vendors Notified: 15 Mandatory Pre-Bid Conference Attendees: 5 Total packages submitted: 2 Total Non-Compliant: 0 Bid Item #18-138 Webster Detention Center Kitchen and Laundry HVAC Replacement for Augusta, GA Central Services Department- Facilities Maintenance Division Bid Date: Thursday, January 25, 2018 @ 11:00 a.m Page 1 of 1 Trane Commercial Systems Ingersoll Rand 3342 Commerce Drive Augusta, GA 30909 Augusta Chiller Services 3871 Oak Drive Martinez, GA 30907 GoldMech Attn: Donna Benitez 1559 Broad Street Augusta, Georgia 30901 D'Antignac & Merritt Heating & Air 1003 Alexander Dr. Augusta, GA 30909 Bill James & Sons Mechanical Contractors 1225 New Savannah Rd. Augusta, GA 30901 Busby’s Heating 1236 Gordon Park Rd. Augusta, GA 30901 Yearout Services 1213 Nowell Drive Augusta, Georgia 30901 RETURNED MAIL EMCOR Services Air Cond 158 Lott Court West Columbia, SC 29169 Creighton Laircey Company Inc 1528 Crescent Ct. Augusta, GA 30909 Sig Cox Heating & Air Conditioning 1431 Greene St. Augusta, GA 30901 Doc Savage Heating 2530 Ivey Road Augusta, GA 30906 Contract Management Attn: James Williams 1827 Killingsworth Rd. Augusta, GA 30904 Plunkett Heating 3069 Skinner Mill Rd. Augusta, GA 30909 Coleman Mechanical Services 135 Henry Miller Street Harlem, GA 30814 Contract Management Inc., 1827 Killingsworth Road Augusta, GA 30904 Martin Mechanical Contractors, Inc. 160 Maxley Blvd Athens, GA 30601 Waters Mechanical Inc. Attn: Brandon Waters 802 Walter L. Dasher Road Glennville, GA 30427 Spartan Mechinical Attn: Ken Smith 3874 Wrightsboro Rd Augusta, GA 30909 Columbia Mech. Services Inc. 4094 Business Park Court Evans, GA Mobley Mechanical Services P.O. Box 204367 Martinez, GA 30917 C.D. White, Inc. P.O. Box 1033 Waynesboro, GA 30830 Johnny's Heating and Air PO Box 6734 Augusta, GA 30916 Larry Pittman& Associates 1249 Gordon Park Road Augusta, GA 30901 Copper Construction Company . 410 McIntosh Street Vidalia, GA 30474 Takiyah Douse Central Services Lonnie Wimberly Central Services - Fac Kellie Irving Compliance Office Bid Item #18-138 Webster Detention Center Kitchen and Laundry HVAC Replacement For Augusta, GA Central Svcs-Facilities Bid Mailed: 12/14/2017 Bid Item #18-138 Webster Detention Center Kitchen and Laundry HVAC Replacement For Augusta, GA Central Svcs-Facilities Bid Due: Thurs 01/25/18 @ 11:00 A.M. Commission Meeting Agenda 5/1/2018 2:00 PM Bid #18-138 Webster Detention Center Kitchen and Laundry HVAC Replacement Department:Central Services Department Department:Central Services Department Caption:Motion to approve award of contract for the replacement of the Webster Detention Center's Kitchen and Laundry HVAC to Gold Mech Inc. of Augusta in the amount of $165,295.00 utilizing competitive Bid Item #18-138. (Approved by Administrative Services Committee April 24, 2018) Background:The Detention Center kitchen’s and Laundry’s Make-Up Air units are the original units installed in the center, more than 19 years ago. The units has now failed. In addition to failing, the two roof top units has suffered extensive weather damage requiring great care to remove them. Analysis:Gold Mech Inc. of August submitted the lowest compliant bid submitted through competitive Bid Item #18-138 of $165,295.00. The bid price is in line with the anticipated budget cost for this work. Financial Impact:The cost of the Laundry room and Kitchen HVAC replacement is $165,295.00. Alternatives:1. Approve and award of contract for the replacement of the Webster Detention Center's Kitchen and Laundry HVAC to Gold Mech Inc. of Augusta in the amount of $165,295.00. 2. Do not approve the purchase Recommendation:Approve award of contract for the Webster Detention Center's Kitchen and Laundry HVAC replacement to Gold Mech Inc. of Augusta in the amount of $165,295.00. Funds are Available in the This project is funded through current year capital and SPLOST 7 designated for Existing Facility Upgrades. Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, January 23, 2018 @ 3:00 p.m. for furnishing: Bid Item #18-136 Augusta Judicial Center Sump Sweeper Filtration System for Augusta, GA – Central Services Department – Facilities Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. Mandatory Pre bid on Friday, January 5, 2018, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Site Visit to follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, January 9, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 14, 21, 28, 2017, January 4, 2018 Metro Courier December 20, 2017 OFFICIAL Bid Opening Bid Item #18-136 Augusta Judicial Center Sump Sweeper Filtration System for Augusta, Georgia - Central Services Department-Facilities Maintenance Division Bid Due: Tuesday, January 23, 2018 at 3:00 p.m. Vendors Contract Management 1827 Killingsworth Rd Augusta, GA 30904 Attachment B Yes E-Verify #225306 SAVE Form Yes Bid Price $60,050.00 Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 74 Total Number of Specifications Mailed to Local Vendors: 15 Mandatory Pre-Bid Conference/Telephone Conference Attendees: 2 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Trane Commercial Systems Ingersoll Rand 3342 Commerce Drive Augusta, GA 30909 Augusta Chiller Services 3871 Oak Drive Martinez, GA 30907 GoldMech Attn: William Dozier 1559 Broad Street Augusta, Georgia 30901 D'Antignac & Merritt Heating & Air 1003 Alexander Dr. Augusta, GA 30909 Bill James & Sons Mechanical Contractors 1225 New Savannah Rd. Augusta, GA 30901 Busby’s Heating 1236 Gordon Park Rd. Augusta, GA 30901 Coleman Mechanical Services 135 Henry Miller Street Harlem, GA 30814 EMCOR Services Air Cond 158 Lott Court West Columbia, SC 29169 Creighton Laircey Company Inc 1528 Crescent Ct. Augusta, GA 30909 Sig Cox Heating & Air Conditioning 1431 Greene St. Augusta, GA 30901 Doc Savage Heating 2530 Ivey Road Augusta, GA 30906 Babbitt's Inc 3111 Damascus Rd. Augusta, GA 30909 Plunkett Heating 3069 Skinner Mill Rd. Augusta, GA 30909 A W Duggan Inc 1727 Fairview Ave. Augusta, GA 30904 Columbia Mech Services Inc. 4094 Business Park Court Evans, GA. 30809 Martin Mechanical Contractors, Inc. 160 Maxley Blvd Athens, GA 30601 Waters Mechanical Inc., 802 Walter L. Dasher Road Glennville, GA 30427 ChemAqua Attn: Norman Picker 1905 Preston Dr. Augusta, GA 30906 Johnny's Heating and Air PO Box 6734 Augusta, GA 30916 C.D. White, Inc. P.O. Box 1033 Waynesboro, GA 30830 Copper Construction Company 410 McIntosh Street Vidalia, GA 30474 Golden & Golden Attn: Paul Golden 2919 Peach Orchard Rd Augusta, GA 30906 Contract Management Inc., Attn: Lorenzo Mason 1827 Killingsworth Road Augusta, GA 30904 Takiyah Douse Augusta Central Services Lonnie Wimberly Augusta Central Services Kelli Irving Compliance Office Bid Item #18-136 Augusta Judicial Center Sump Sweeper Filtration System For Augusta Central Services-Facilities Mailed: Thursday, 12/14/2017 Bid Item #18-136 Augusta Judicial Center Sump Sweeper Filtration System For Augusta Central Services-Facilities Bid Due: Tues 01/23/18 @ 3:00 p.m. Commission Meeting Agenda 5/1/2018 2:00 PM Judicial Center Sump Sweeper Filtration System Department:Central Services Department Department:Central Services Department Caption:Motion to approve award to install a Sump Sweeper Filtration System on the existing cooling tower at the Augusta Judicial Center to Contract Management of Augusta for $60,050.00. Bid Item 18-136. (Approved by Administrative Services Committee April 24, 2018) Background:The Judicial Center HVAC system employs a water-cooled chiller and electric reheat. Central Services Department wishes to install a Sump Sweeper Filtration System to augment ongoing preventative maintenance activities ultimately extending the useful life of the HVAC system Analysis:Contract Management submitted the lowest compliant bid of $60,050.00. The bid price is in line with the anticipated budget cost for this work. Financial Impact:The cost of installing the Sump Sweeper Filtration System installation is $60,050.00. Alternatives:1. Approve and award of contract for the installation of the Augusta Judicial Center’s Sump Sweeper Filtration System to Contract Management of Augusta in the amount of $60,050.00. 2. Do not approve the purchase Recommendation:Approve award of contract for the Augusta Judicial Center Sump Sweeper Filtration System to Contract Management of Augusta for $60,050.00. Funds are Available in the Following Accounts: This project is funded through carryover capital designated for existing facility upgrades in account 272016210—54.25310. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Thursday, March 8, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-156 Augusta Probate Court Lobby Renovations for Augusta Central Services Department – Facility Maintenance Division Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $20.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, January 25, 2018. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Wednesday, February 21, 2018 @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, February 22, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle January 25, February 1, 8, 15, 2018 Metro Courier January 25, 2018 OFFICIAL VENDORS Attachment "B"E-Verify Bid Bond SAVE Form Bid Price Compliance Review 10% Goal Contract Management 1827 Killingsworth Road Augusta, GA 30904 YES 225306 YES YES $186,817.00 YES Clifton Construction P.O. Box 949 Evans, GA 30809 Sommers Construction 632-C South Old Belair Road Grovetown, GA 30813 YES 218563 YES YES $170,000.00 YES RR&B Associates 6120 Hwy 85 Riverdale, GA 30274 J& B Construction 3550 Gordon Highway Grovetown, GA 30813 Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 254 Total Electronic Notifications (Demandstar): 6 Mandatory Pre-Bid Attendees: 7 Total Number Specifications Mailed Out to Local Vendors: 15 Total packages submitted: 2 Total Noncompliant: 0 Bid Item #18-156 Augusta Probate Court Lobby Renovations for Augusta, GA Central Services Department-Facilities Division Bid Date: Thursday, March 8, 2018 @ 11:00 a.m. Page 1 of 1 COMPLIANCE DEPARTMENT 535 Telfair Street Suite 710 Augusta, GA 30901 (706) 821-2406 Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Compliance Department Kellie Irving Compliance Director MEMORANDUM To: Takiyah Douse, Director, Central Services Geri Sams, Director, Procurement Department From: Kellie Irving, Director, Compliance Department Date: March 14, 2018 Subject: Augusta Probate Court Lobby Renovations Bid Item # 18-156  This Bidder/Offeror IS eligible for award.  This Bidder/Offeror IS NOT eligible for award. This memo is to transmit the review and concurrence of responsiveness and compliance by the bidder/offeror, Sommers Construction, LLC. Augusta, Georgia code requires contractor(s) to meet the assigned LSBOP Utilization Goal or provide evidence of completing good faith efforts on state and local funded projects. The goal established for the Augusta Probate Court Lobby Renovations for Augusta, Georgia, Bid Item #18-156, is 10%. The bidder/offeror has committed to a minimum of 10% and has satisfied the good faith efforts. This bidder/offeror is eligible for award. Should this bidder/offeror be selected for this bid, upon award, the DBE Division will monitor the Contractor on a monthly basis to help ensure that they meet or exceed their committed goal for this project. Should you have questions, please contact me at (706) 826-1325. COMPLIANCE DEPARTMENT 535 Telfair Street Suite 710 Augusta, GA 30901 (706) 821-2406 Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Compliance Department Kellie Irving Compliance Director MEMORANDUM To: Takiyah Douse, Director, Central Services Geri Sams, Director, Procurement Department From: Kellie Irving, Director, Compliance Department Date: March 14, 2018 Subject: Augusta Probate Court Lobby Renovations Bid Item # 18-156  This Bidder/Offeror IS eligible for award.  This Bidder/Offeror IS NOT eligible for award. This memo is to transmit the review and concurrence of responsiveness and compliance by the bidder/offeror, Contract Management, Inc. Augusta, Georgia code requires contractor(s) to meet the assigned LSBOP Utilization Goal or provide evidence of completing good faith efforts on state and local funded projects. The goal established for the Augusta Probate Court Lobby Renovations for Augusta, Georgia, Bid Item #18-156, is 10%. The bidder/offeror has committed to a minimum of 10% and has satisfied the good faith efforts. This bidder/offeror is eligible for award. Should this bidder/offeror be selected for this bid, upon award, the DBE Division will monitor the Contractor on a monthly basis to help ensure that they meet or exceed their committed goal for this project. Should you have questions, please contact me at (706) 826-1325. Commission Meeting Agenda 5/1/2018 2:00 PM Probate Court Lobby Renovations Department:Central Services Department Department:Central Services Department Caption:Motion to approve award of contract for the Augusta Probate Court Lobby Renovations to Sommers Construction in the amount of $170,000.00. (Bid 18-156) (Approved by Administrative Services Committee April 24, 2018) Background:The Probate Court Lobby is experiencing some security concerns, which has been a problem since the John H. Ruffin, Jr. Courthouse completion in 2011. It has been determined that the entrance and waiting area for Suite 100, housing the Probate Court, needs to be renovated to provide enhance security for the Judge, staff and public. Due to the current layout of the suite, individuals are able to walk through the reception area, most times unnoticed, directly into the courtroom without challenge. The Probate Court has endured this lack of security since moving into the Augusta Judicial Center, and it is the only court in the facility experiencing this situation. This proposed renovation plan would establish control procedures for gaining access to the court, making the court’s administration operation and courtroom safer. Analysis:Security of the Probate Courtroom has been an issue since its relocation to the Judicial Center. Funds to perform the needed renovation upgrade of the court’s security had not been available in the sufficient amount until recently. The cost of the security renovation of the court lobby is within the market range for the scope of work and determined to be fair and reasonable. Financial Impact:The cost of renovating the Probate Court Lobby is $170,000.00 Alternatives:1. Approve the Probate Court Lobby Renovations for $170,000.00 to meet the security needs of the court for its Judge, staff and the public. 2. Do not approve the proposal. Recommendation:Approve the Probate Court Renovation for $170,000.00 to meet the security needs of the court for its Judge, staff and the public. Funds are Available in the Following Accounts: Funds are available in account 329-05-1120 ($24,520) and 272- 02-1710 ($145,480). REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Phone Calls General Counsel Department: Department: Caption:Discuss lack of response and receive explanation from General Counsel MacKenzie regarding call back requests that are made to him and his Senior Staff Attorney Smitherman that are only returned to certain commissioners and not others. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM GEMA check to reimburse LEPC (Local Emergency Planning Committee) Department:Emergency Management Agency Department:Emergency Management Agency Caption:Motion to approve deposit of check from GEMA in the amount of $5,905.00 into Augusta, GA. account and issue a check made payable to LEPC in the amount of $5,905.00 for the reimburse of funds expended in operations. (Approved by Public Safety Committee April 24, 2018) Background: LEPC prepares citizens, industries, and location emergency response agencies for chemical accidents by developing a comprehensive community program that will benefit the entire citizenry of Augusta-Richmond County, including the development of emergency response plans, conducting training exercise, and providing public education programs. LEPC receives grant money for the expense of LEPC operations. Analysis:Augusta received funds from GEMA intended to support the LEPC (Local Emergency Planning Committee. Upon approve the funds will be deposited by Augusta and then forwarded to LEPC for reimbursement. Financial Impact:reimbursement of operating expenditures Alternatives:None Recommendation:Approve the deposit of check from GEMA in the amount of $5,905.00 into Augusta, GA. account and issue a check made payable to LEPC in the amount of $5,905.00 for the reimburse of funds expended in operations Funds are Available in the Following Accounts: 101-00-0000/3891110 101-03-9210/5237110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Motion to Approve Revised Fee Schedule for CSRA Probation Contract (Originally Approved by Commission on December 19, 2017) Department:Superior Court Department:Superior Court Caption:Motion to approve Revised Fee Schedule for CSRA Probation Contract. (Originally Approved by Commission on December 19, 2017) (Approved by Public Safety Committee April 24, 2018) Background:After the current agreement with CSRA Probation Services, Inc. was approved by Commission on December 19, 2017, it was brought to my attention by CSRA Probation that they had recently renegotiated a few of its daily, electronic monitoring rates. As a result, the daily rates charged directly to the probationers came down. These revised, lower rates have been in effect since January 1, 2018; however, based on the agreement, any amendment must be formally approved by all parties. Please see attached documentation. Analysis: Financial Impact:The cost of these probation services is paid for by the persons placed on probation by the Superior Court Judges. ***The attached, revised fee schedule, which reflects a reduction in daily monitoring rates, has been in effect since January 1, 2018; however, any change to such items does require formal approval of all parties, per the terms of the original agreement. Alternatives: Recommendation:Approve Funds are Available in the N/A Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Reimbursement Funds Received from Chatham County Department:Emergency Management Agency Department:Emergency Management Agency Caption:Motion to approve reimbursement to Richmond County Board of Education, Augusta University Medical Center, and Richmond County Health District for shelter operations during the evacuations caused by Hurricane Irma and to reimburse Animal Services, Augusta Transit, and Richmond County Sheriff’s Office, for their assistance and to authorize the Accounting Department to issue reimbursement checks and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee April 24, 2018) Background:Payment was received from Chatham County, Georgia, by a check in the amount of $390,101.33 made payable to Augusta EMA for reimbursement to Augusta University Medical Center, in the amount of $40,859.53; Richmond County Board of Education in the amount of $194,752.68; Richmond County Health Department in the amount of $92,854.59; Animal Services in the amount of 2,545.60; Augusta Transit in the amount of $11,165.83; and the Richmond County Sheriff’s Office in the amount of $47,923.10. The check will be submitted to Accounting for processing. Augusta, Georgia Accounting Department needs authorization to issue reimbursement checks. Analysis:Reimbursement checks cannot be issued to the entities listed above without Accounting having Commission approval. Financial Impact:None to Augusta Georgia as we have received a check to cover reimbursements Alternatives:none Recommendation:Approve the reimbursement to Augusta University Medical Center in the amount of $40,859.53; Richmond County Board of Education in the amount of $194,752.68; Richmond County Health Department in the amount of $92,854.59; Animal Services in the amount of 2,545.60; Augusta Transit in the amount of $11,165.83; and the Richmond County Sheriff’s Office in the amount of $47,923.10 and authorize the Accounting Department to issue reimbursement checks and authorize the mayor to execute the appropriate documents. Funds are Available in the Following Accounts: Fund 220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Ambulance Services providers Department: Department: Caption:Discuss contract negotiations with ambulance companies to provide service to the ARC. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM Fire Department EMT Department: Department: Caption:Update from staff on what triggered/caused and who authorized stationing a Fire Department Emergency Medical Technician (EMT) in the commission chamber during commission meetings. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM Update EMS Department:Administrator/Fire/911/Law Department:Administrator/Fire/911/Law Caption:Update on the status of Augusta’s efforts to follow through with the Commission’s directive to pursue re-opening of the EMS Zone through the Region VI EMS Council. (Requested by Commissioner Marion Williams) Background:Attached are a series of documents to explain this process and where we are in it. 1. Description of Zoning Process, email from Ernie Doss of the Department of Public Health to Chris James, dated January 24, 2018. 2. Regional Emergency Medical Services Council By-laws 3. Chronology of events since the Augusta Commission voted 8-0 on October 10, 2017 to pursue opening of the zone; numerous supporting materials. Analysis:N/A Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM Daniel Field Airport Budget Increase Department:Daniel Field Airport Department:Daniel Field Airport Caption:Motion to approve a request from the Daniel Field General Aviation Commission, DNL GAC, for an increase in the operating budget of the Daniel Field Airport in the amount of $79,000. Please note that the Daniel Field Airport is an enterprise fund. (Approved by Finance Committee April 24, 2018) Background:The Daniel Field Airport operates on a very tight budget. The maintenance items required by the FAA to maintain the airport to federal standards are the bulk of where the funds are expensed annually. The DNL GAC voted last year to include in the 2018 budget the following: Painting the exterior of the terminal building as well as both of the hangars. Repair of the control tower damage from the 2017 storm that occurred on Masters Monday last year. Analysis:In addition to the items that were included in the 2018 budget are the following: The tower side ramp was top sealed prior to Masters 2018 as it posed a safety hazard for aircraft that were parked on that asphalt during Masters Week. The parking lot was top sealed and restriped. The road in the long term parking area was top sealed. Financial Impact:The Daniel Field General Aviation Commission voted to cash a CD in the amount of $79,000 that had reached maturity. The request is to increase the operating budget of Daniel Field by this same amount. Alternatives:Deny the request. Recommendation:Approve the request to increase the Daniel Field operating budget in the amount of $79,000. Funds are Available in the Following Accounts: Fund Balance. 552-00-0000/3952110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission i, -l l t'l', , , . .<v__, .Z.4rro*.i i r ,-n ) .r, A-. r' T 7e lrrti -//lra'o a,/L /e /n/{l' -l' il-ti d/ r.z//:r// r?r// n? /ttk/er {",qr&,ruiJ it r t ',. / ''' p,,r/r/ /k, '/r, rc/ittI/ L tadtu*r'e i/)t,&, J /*,ru ,t/tr/rg /z,fu tqt' //9 ; '/' r/otzt?t't/ ltz /4,s za/*n i -''---\'- 7c0 5A0' l{60 (oCI,ric C-fia' tt< 7a/JVt-qgf flefi'.il- fiL"v. olqD'Dr/'/,n ), ilujr;,/* (n , 3rfrca Ip- .t- ? AI qort tr-- 6 o) E'f- &cYa APR 2018 Oe*of Commission IN THE MAGISTRATE COURT OF RICHMOND COLTNTY, GEORGIA Augusta-Richmond County Judicial Center 735 James Brown Blvd., Suite 1400, Augusta, Georgia 30901 (706) 821-2370 WILLIAM D. JENNINGS, III Chief Judge H. SCOTT ALLEN Presiding Judge REMAX TRUE ADVANTAGE 1105 FURY'S LANE MARTINEZ, GA 30907 \rs.Civil Action File No. 909773 GEORGE CHOICE AND BELINDA JOHNSON 2485 DUBLIN DR AUGUSTA, GA 30906 NOTICE OF TRIAL: TIME: 9:00 a.m.DATE: APRIL 23,2018 Trial in this case has been scheduled for the above date and time at the AUGUSTA-RICHMOND COUNTY JUDICIAL CENTER, 735 James Brown BIvd., Augusta, Georgia, Courtroom #3-D before the Honorable William D. Jennings,III or the Honorable H. Scott Allen, Judges of the Civil and Magistrate Court of fuchmond County, Georgia. YOU MUST BE PRESENT AT TRIAL. You should bring to Court any and all papers or documents which you wish to put into evidence to prove your case or defense. If you wish to subpoena urry witnesses contact the Clerk immediately for assistance. IF YOU FAIL TO APPEAR FOR THIS HEARING THE COURT MAY RENDER JUDGMBNT AGAINST YOU. This 4TH DAY of APzuL,2O18 DEPUTY CLERK OF CIVL AND MAGISTRATE COURT, RICHMOND COLINTY, GEORGIA STEPHEN E. SHEPARD Magistrate VICKIE W. HESTER Clerk PAMELA LANG Jp u./o*, i/ rua. (bvz-e.Lr; l,Ar 4,,t tt,,)t( J 6//,/. furrrrr. e,v{ rpz.,.o/ a,4eanng lutu /2. "*^r;1:";zrtal rtqztra4////q4*r/ ,/t rgur& 4, ry g*&d.ro 6T4* tb %€ /4e /ay (amzzsiaxerry I //rte ac/"/;, 4 in%r/,*/e rfranner by rnts/eor/ry tr&*,Q /-z/l?, us %* %e n*u.o/ /, tn/rr /", Srlarc %e /D/o4 ?: /r,u satl 4 /;/u,&*r. '//c{ pas' /ryar.//o /r/ -!3/aroo%q 4-./,/d*4;,2U* //02*od %77nr.4,)4s,_ a fftrr{ /U, //& 1eor, ,.h*/ //* Pn"q hu ak<"/7 lre, sa1/ fu,-/ hrf s/rrr/ rtal /^r" W/* i:/ th a%ou W keg as .?-r* %,/ Z Yd fk@ /e:n tuzl2*rdn/ W 4, _ra/e" 4 il*4 ,s /*Q W,tAyrr, h/ %,, r/z/&n ab*g'trt4 *2, har.ar*q /"A,ir. IjV:* il,* fI'rn, /a frfrn" us au/, ,/// nu aoz/ r, Yur?* t7 %,"s *_qfuianl r%rrrg /11,n /"rn1, f"/*, r&2r** %;,zn*,- [zouz4.?r./( ryr2/a ..| '- . '/' Jr'/r2Y#ffiffi,tr; @t / a DISPOSSES S ORY AIT"IDAVIT and the I-aadlord hereio Trz:J t o(.,r 6,-o*o- q (t o&l-, That the Landlord reuted said prope,rty to Tenaat for the tenn of vihich (has/has uot) ocpired- ;iThat the Tenant coutracted to pay rent of S lrj -i- I hlii i .i-. f :. - i-:,oElhe i'' r' i. " '. F -j i -!l day of each mouth inadvance. That there is now due forre,utal tle sum of $ .,, l,which srm 6e Tenant f:ils 16 pay. tr:Irodlotd ;,,'',^,^,'t., ,i.. i....,^ 1.: :- g, desirespossessiouofsaidpremises,andhasdemandedpossessionof su-e froIn po.r^"oioo orto paytlJ reut WEEREFORE, Laadlord makes this affidavit ttrat a warra:et and SWORN TO AI.ID SUBSCRIBED BEFORE ME Magistrate Courq Ricbmond Couoty, Georgia A}PRO\IED: DEPUTY CXERK OF COURT MAGISTRATE CoIIRT oF RICHMOND COIINTY; GEORGIA may issue against the Tenant as provided by law. MAR 1 4 ZO18 ..1 .r.1 ' -, 1 ''. "i., .. .. L-. ..'.!: rr.v\ lt_.-.J J irJt\-i, Jv.ai!..:- =,.--.- r ....: - LAI,IDLORDr- ) ' --. .'- -.-. -' .__ ir-.Ofa.r':;, i.,'r -]r,':, li' i16!!_ A.t(J O.+- o"'e1.1 i of4q-5 -.-ji:.---J-- -'-,1,-;,.--:-,,.r..,-. a. ...'.-, .|i.."-ii ::. :jit'':i'';-',-TEI'{ANr TO THE ABO\IE.NAIITED TENAN:T SUMMONS TO TENAIVT YOUAREEEREBYCOMMANDED AND REQUIRED TOAPPEARattheiMAGISTRATE COIIRT OFRICEMOT{DcoflNTY, GEORGIAT 735 James Broum Blvd-, Suite 1400, Augrsa-Richoond Cor:oty Jutlicial Center, August4 c*igir, to answer the ffi"frtHHrfiorberore Fo&v c6 Oc-o 5;iO;= = You may file witb the clerk of said court, a writren answer setting f@*@ have to the Laudlord's Afrdavit, OR you may answer orally. If you fail to ansura by the above-mentioned ddte, the Court shall issue a writ of possession and a judgment by default againstyou for ali rearts due togethe,r with costs of court. Deputy Cierk, Magisbate C@ STATE Or GEORGT.{, COUNTy OF RICEMOND r have this day served f[g wirhin Afiidavit and snmmons upon the Tenant (A)By leaving Eue copies of the same with the Tenant personally at (B)By delivering true copies of ttre same to r p"r@ County, Georgia namely: (namg age, and relationship of person s"."ed to Tenan$ After reasonable effor! no such Person being-found resirring at the premises, and no person sui juris being foundthere, by tacking a copy of said sumions and affidavit on the door of the premises, "od o, the same 4ay of suchtacking, enclosing, stamping, 21d p2iling by first class mail a copy of said summons-"nd afEdavit to ttre Tenant atthe last }crown address, namely: @)By leaviug Eue copies of the same witl an "Su"t of tn (address) urmely: (name and office or position of the agent) ZIJ I I HIEf)E o ,1.'rI3l-ridLJE;tE H ? fJE =i I7'oOlg zd 1agHl!oFlIJAPIa:Fil9;qFlA=olaJalo'\=lro,!OEi= 4O-h.<s,El=E O I-.J'^) l.{ IHll-: 2tH l:u lr* l.: oq * L_. - l,\ I < t,','' E-'ur lJ'l-Tt txr'l ;: l,,r l-. -tl. lp)li_(i- l.-l.)f;I ; -- P l- I l-rti l#' [. l-; I I FHIp [1.r[-'I ;6 It llI ls- lli (l oIa(D r' It:l>t:t-- IllEI r-,l-ra.co ='(D 5< =t^a9 !f;= =i.<=e- 0Eaa' od oQ --(DE6o IN THE MAGISTRATE COURT OF RICHMOND COUNTY, GEORGIA Augusta-Richmond County Judicial Center 735 James Broum Blvd., Suite 1400, August4 Georgia 30901 (706) 821-2370 WILLIAM D. JENNINGS, III ChiefJudge II. SCOTT ALLEN Presiding Judge REMAX TRUE ADVANTAGE 1105 FURY'S LANE MARTINEZ, GA3O9O7 vs.Civil Action File No. 909773 GEORGE CHOICE AND BELINDA JOHNSON 2485 DUBLIN DR AUGUSTA, GA 30906 NOTICE OF TRIAL: TIME: 9:00 a.m.DATE: APRIL 23,2018 Trial in this case has been scheduled for the above date and time at'the AUGUSTA-RICHMOND COIJNTY JUDICIAL CENTER, 735 James Brown BIvd., Augusta, Georgia, Courtroom #3-D before the Honorable William D. Jennings, III or the Honorable H. Scott Allen, Judges of the Civil and Magistate Court of Richmond County, Georgia. YOU MUST BE PRESENT AT TRIAL. You should bring to Court any and all papers or documents which you wish to put into evidence to prove your case or defense. If you wish to subpoina *y witnesses contact the Clerk immediately for assistance. IF YOU F'AIL TO APPEAR FOR TIIIS IIEARING TIIE COURT MAY RENDERJI'DGMENT AGAINST YOU. ThiS 4ffi DAY Of APRIL, 2018 DEPUTY CLERK OF CIVIL AND MAGISTRATE COURT, RICHMOND COUNTY, GEORGIA STEPHEN E. SHEPARD Magistrate VICKIE W. HESTER Clerk \ \ rL/ l I y\-_/ 6;anf U-; Commission Meeting Agenda 5/1/2018 2:00 PM Belinda Johnson Department:Clerk of Commission Department:Clerk of Commission Caption:Presentation by Ms. Belinda Johnson regarding a tax matter involving the Tax Commissioner's Office concerning property in her grandfather's estate in the name of Johnny M. Taylor at 2485 Dublin Drive. (No recommendation from Finance Committee April 24, 2018) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM Adoption of Letter of Map Revision (LOMR) 17-04-3443P Department:Planning & Development Department:Planning & Development Caption:Motion to approve adoption of the Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 2, 2018. (Approved by Engineering Services Committee April 24, 2018) Background:A Letter of Map Revision (LOMR) is FEMA’s modification of a Flood Insurance Rate Map(FIRM). Because a LOMR officially revises the FIRM and the Flood Insurance Study (FIS), the flood hazard updates shown within the LOMR are used to rate flood insurance policies and enforce flood insurance and development requirements from the effective date of the LOMR going forward. In February of 2017, Southern Partners, on behalf of Coel Development Company, prepared a LOMR based on a detailed flood study (hydraulic analysis, hydrologic analysis and updated topographical data) of three tributaries of Butler Creek - Tributaries A, B, and C - that lie along the southern boundary of the future development area of Haynes Station subdivision. Haynes Station is located off Gordon Highway between Fort Gordon Gates 1 and 2. Analysis:The study resulted in a 3,400-foot long section of Butler Creek Tributary A being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs), a 610-foot long section of the Butler Creek Tributary B being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs), and a 810-foot long section of Butler Creek Tributary C being reclassified from a Zone A to Zone AE, with Base Flood Elevations (BFEs). All three tributaries are located on Flood Insurance Rate Map (FIRM) 13245C 0085F which will reflect the new flood hazard boundaries along these sections of the Butler Creek. The study also revised the Flood Insurance Study (FIS) report for Butler Creek Tributaries A, B, And C. The changes do not have any negative impact on the parcels adjoining the creek. The LOMR was advertised, as required by the National Flood Insurance Program (NFIP), in the Augusta Chronicle January 18, 2018 and January 25, 2018. Financial Impact:The financial impact is minimal and involves staff time to incorporate digital data into Augusta’s GIS that reflect the revisions to the FIRM. Alternatives:If the Letter of Map Revision (LOMR) is not adopted, the City will fall out of compliance with the National Flood Insurance Program (NFIP) minimum standards. Sanctions and/or suspension are options that could be exercised by FEMA, resulting in property owners City-wide not having the ability to purchase federally-backed flood insurance Recommendation:Adoption of the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) as revised by Letter of Map Revision (LOMR) 17-04-3443P, Effective May 25, 2018. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Local Government Scrap Tire Abatement Reimbursement Application RIGHT-OF-WAY CLEANUP I. APPLICANT INFORMATION County/Municipality/Authority: Federal tax ID#: Project manager name (contact for questions about the application/project): Title: Email: Phone: II. RIGHT-OF-WAY INFORMATION Site name (e.g., all ROWs in county, or smaller boundary, such as name of neighborhood or political district): Estimated # of scrap tires: Passenger: Truck: Total #: Total PTE: Estimated cleanup cost: $ If it is determined that the project’s cost will exceed the approved amount of funding, the applicant must submit a written request to EPD for additional funds. List all locations where scrap tires will temporarily be stored while awaiting transport to a processing facility after being removed from the right-of-way: Is the temporary storage site or sites approved/permitted by EPD to store scrap tires? ☐ Yes – List the approval/permit number(s): ☐ No – Site(s) must be approved/permitted by EPD before execution of the contract Tire carriers and scrap tire processors you plan to use and their permit/approval numbers. For permitted tire carriers and permitted/approved processors, visit epd.georgia.gov/scrap-and-used-tires. Tire carrier name: Permit#: Tire carrier name: Permit#: Scrap tire processor name: Permit/Approval#: Scrap tire processor name: Permit/Approval#: III. ACKNOWLEDGEMENTS Yes No N/A Permitted tire carriers and permitted/approved processors will be used. ☐ ☐ ☐ Procurement of contractors will follow current city/county procurement policy. ☐ ☐ ☐ Appropriate safety measures will be used while performing scrap tire abatement. ☐ ☐ ☐ Liability waivers will be completed. ☐ ☐ ☐ If there are any changes in the project after the execution of the agreement, awardee will notify EPD in writing (e.g., changes in the estimated cost of cleanup, location of temporary storage sites, carriers/processors, project start/end date). ☐ ☐ ☐ Scrap tire removal will begin within 90 days of executed agreement date. ☐ ☐ ☐ Final report, reimbursement request, and other required documents will be submitted to EPD within 30 days of completing the project. ☐ ☐ ☐ EPD Use Only – Project ID#: ____________________ Rev. 10/17 IV. AUTHORIZATION I, the undersigned authorized representative, certify that to the best of my knowledge, the information contained herein is true and correct. Signature: Date: Print name: Title: Address: City: State: GA ZIP: Send completed application and any supporting materials to: Georgia Environmental Protection Division, Land Protection Branch c/o Russell Nix, Recovered Materials Unit Manager 4244 International Parkway, Suite 104 Questions? Call EPD at 404-362-2537 Atlanta, GA 30354 PLEASE ALLOW 90 DAYS FOR PROCESSING Local Government Scrap Tire Abatement Reimbursement Application DUMP SITE CLEANUP I. APPLICANT INFORMATION County/Municipality/Authority: Federal tax ID#: Project manager (contact for questions about the application/project): Title: Email: Phone: II. DUMP SITE INFORMATION Site name: Address: City: County: ZIP: Estimated # of scrap tires: Passenger: Truck: Total #: Total PTE: Estimated cleanup cost: $ If it is determined that the project’s cost will exceed the approved amount of funding, the applicant must submit a written request to EPD for additional funds. Proposed start date: Proposed end date: Complete and attach a Scrap Tire Dump Reporting Form for this site (found at: epd.georgia.gov/scrap-and- used-tires). Is the property owner known? ☐ Yes ☐ No – Briefly describe the steps taken to identify the owner (e.g., search of property records): Did the property owner place the tires (or allow them to be placed) on the property? ☐ Yes ☐ No – Attach a letter signed by the property owner stating that he or she did not place the tires (or allow them to be placed) on the property and is, therefore, a victim of illegal dumping Is the property owner financially able to remove and properly dispose of the tires? ☐ Yes ☐ No – Attach a letter signed by the property owner stating his or her financial inability to remove the tires Attach appropriate documentation of enforcement actions (citation, etc). If the site is located on private property, briefly describe how legal access to the site will be obtained: EPD Use Only – Project ID#: ____________________ Rev. 10/17 Provide details about the difficulty of the project, if applicable (e.g., steep ravines, thick vegetation, no access road, wetlands), how issues will be addressed and how this may affect the cost: Tire carriers and scrap tire processors you plan to use and their permit/approval numbers. For permitted tire carriers and permitted/approved processors, visit epd.georgia.gov/scrap-and-used-tires. Tire carrier name: Permit#: Tire carrier name: Permit#: Scrap tire processor name: Permit/Approval#: Scrap tire processor name: Permit/Approval#: III. ACKNOWLEDGEMENTS Yes No N/A Permitted tire carriers and permitted/approved processors will be used. ☐ ☐ ☐ Procurement of contractors will follow current city/county procurement policy. ☐ ☐ ☐ Appropriate safety measures will be used while performing scrap tire abatement. ☐ ☐ ☐ Liability waivers will be completed. ☐ ☐ ☐ If there are any changes in the project after the execution of the agreement, awardee will notify EPD in writing (e.g., changes in the estimated cost of cleanup, carriers/processors, project start/end date). ☐ ☐ ☐ Scrap tire removal will begin within 90 days of executed agreement date. ☐ ☐ ☐ Final report, reimbursement request, and other required documents will be submitted to EPD within 30 days of completing the project. ☐ ☐ ☐ IV. AUTHORIZATION I, the undersigned authorized representative, certify that to the best of my knowledge, the information contained herein is true and correct. Signature: Date: Print name: Title: Address: City: State: GA ZIP: Send completed application and any supporting materials to: Georgia Environmental Protection Division, Land Protection Branch c/o Russell Nix, Recovered Materials Unit Manager 4244 International Parkway, Suite 104 Questions? Call EPD at 404-362-2537 Atlanta, GA 30354 PLEASE ALLOW 90 DAYS FOR PROCESSING Guidelines for the EPD Local Government Scrap Tire Abatement Reimbursement Program The Local Government Scrap Tire Abatement Reimbursement Program covers the costs of removing, transporting, and processing scrap tires cleaned up from identified, state-listed scrap tire dumps; removed from city and county right-of-ways; and collected during scrap tire amnesty events. Funding for the program is provided by the Solid Waste Trust Fund and is based on the availability of funds. Projects will be funded first come, first served, contingent on funding availability and demand. Submission of a completed application does not guarantee that a project will be selected for reimbursement. Applicants to the program must comply with all applicable procurement and purchasing regulations established pursuant to state law. To apply, please complete a Local Government Scrap Tire Abatement Reimbursement Program application. If your application is to clean up one or more traditional dump sites, please submit a Tire Dump Inspection Form for each site along with your application (this form is not required for right-of-way cleanups or amnesty events). The form and applications can be found at epd.georgia.gov/scrap-and-used-tires. Important: Please note that any work related to the scrap tire abatement project performed prior to the execution of the agreement and prior to the applicant receiving written notice from EPD to proceed may not be eligible for reimbursement. General Funding Guidelines Eligibility Information Guidelines for Submitting Applications Applications will be accepted on an on-going basis. As part of the review process, EPD will discuss any changes that might be needed with the applicant. When approved, EPD will send a contractual agreement to the local government authority. The project is approved for implementation once the local government receives a fully executed copy of the agreement. Please allow 45 days for your application to be processed. Applications may be denied based on the following: • Abatement of scrap tire dumps is proposed to occur where enforcement action has not yet been taken by the local government to compel the party or parties responsible to clean up the site (does not apply to right-of-way cleanups or amnesty events) • Abatement of scrap tires is proposed to occur at businesses operating in the community (e.g., tire retailers, commercial trucking companies, fleet operators, etc.), unless it is determined through an enforcement action that the property owner is unable to clean up the tires • Inclusion of administrative costs to be incurred by the local government in providing oversight of the scrap tire abatement project(s) • Applicant deliberately provided false information in order to obtain the scrap tire abatement reimbursement funds • The scrap tire abatement reimbursement application does not meet the eligibility criteria • Applicant does not possess the required local, state, or federal permits necessary to conduct the proposed activity • Applicant is in violation of environmental laws, regulations, or permits (including those governing scrap tire storage) • Temporary storage of scrap tires removed from right-of- ways or collected during amnesty events is proposed to occur at a location not permitted/approved by EPD to store scrap tires or the number of scrap tires proposed for storage exceeds the permitted/approved limit (storage sites are subject to inspection by EPD) • Insufficient funding available from the Solid Waste Trust Fund Eligibility Criteria 1. Applicants must be a local government (city, county, or solid waste authority) 2. The scrap tire site(s) must be located in Georgia 3. Permitted tire carriers and permitted or approved scrap tire processors must be used for the scrap tire abatement activities 4. Appropriate and necessary safety measures (e.g., personal protective equipment) must be employed at all times during the scrap tire abatement activities Activities Eligible for Reimbursement Scrap tire abatement activities are eligible where: 1. The property owner is either financially unable to clean up the tires, or 2. The property owner is unknown, or 3. The local government has determined that the property owner is a victim of illegal dumping, or 4. The scrap tires are located on a city or county right-of-way, or 5. The scrap tires have been collected during a scrap tire amnesty day event sponsored by the local government. The Georgia Environmental Protection Division is committed to cleaning up scrap tires around the state and encourages local governments to assist with this effort by applying to the Local Government Scrap Tire Abatement Reimbursement Program. Cities, counties, and solid waste management authorities are eligible for this program, which is funded by the Solid Waste Trust Fund. Reimbursement Process & Requirements All funding will be provided based on the reimbursement of actual costs. The applicant is responsible for maintaining and providing documentation of all costs incurred. Scrap Tire Amnesty Events Scrap tires may only be collected on dates proposed in the approved application and following the execution of the agreement. The awardee agrees to submit a request for reimbursement and final report containing the information listed below to EPD within 90 days of the event. Right-of-Way Projects Removal of scrap tires may begin upon execution of the agreement and should begin within 90 days of the date of the agreement. The agreement will terminate 12 months from the date signed by the EPD Director or 90 days after completion of the project. The awardee agrees to submit quarterly requests for reimbursement to EPD, or on another schedule agreed to by both parties, and to submit a final report and request for reimbursement within 30 days of completing the project. The report should include the information listed below. Dump Site Projects The awardee agrees to begin removal of the scrap tires within 90 days of the date of the agreement. The agreement will terminate 12 months from the date signed by the EPD Director or 90 days after completion of the project. The awardee agrees to submit a request for reimbursement and final report containing the information listed to the right to EPD within 30 days of completing the project. Required Report Information • A completed final report form (available from epd.georgia. gov/scrap-and-used-tires) signed by the authorized local government representative that includes the certification statement, “I certify that all abatement activities required in the agreed upon contract and any amendments thereto contracts for this project have been carried out in accordance with the documented application, as well as all applicable federal, state and local laws, rules and regulations. I am aware that there are significant penalties for knowingly violating these and/or submitting false information, including fines, loss of certification or licensure, and imprisonment.” • Digital images at least 300 dpi, no larger than 5 MB, and in one of the following formats: JPG, PNG, TIF »Scrap tire amnesty events: One or more photos taken during event »Right-of-way projects: One or more photos taken during cleanup or at storage site »Dump sites: Photos taken before, during and after cleanup • Itemized list of expenses • Description of any problems encountered and how they were handled • Number of volunteers participating (if applicable) • Names and permit/approval numbers of carriers and processors used, if different from those in the application • Copies of all itemized contractor invoices showing the number and/or tons of tires removed by type (e.g., passenger, truck, other) • Copies of all checks showing the amount paid to each contractor • Copies of all transportation manifests and weight tickets Eligible Costs Costs that are eligible for reimbursement consist of expenses directly related to the approved scrap tire abatement project. Eligible costs include, but are not limited to: • The cost of accessing and loading the scrap tires • The cost of transporting the scrap tires by a permitted tire carrier to a permitted or approved scrap tire processor • The cost of processing the scrap tires at a permitted or approved scrap tire processor • Purchases of equipment/supplies essential to completing the scrap tire abatement project, such as personal protective gear (does not include heavy equipment or large power tools) Ineligible Costs Costs that are not eligible for reimbursement include, but are not limited to: • Overhead expenses (e.g., costs for accounting/budget/ finance staff, rental/lease of space, utilities, copying, office supplies, advertising) • Purchase of non-essential equipment and items unrelated to the scrap tire abatement project • Fines or penalties due to violation of federal, state or local laws, ordinances or regulations • Purchase of items that would violate the gratuities clause of the state constitution • Costs associated with the cleanup of items other than tires (e.g., e-waste, construction/demolition debris, white goods, solid waste) Mail reports, supporting documents, and requests for reimbursement to: Georgia Environmental Protection Division - Land Protection Branch c/o Russell Nix, Waste Reduction Unit Manager 4244 International Parkway, Suite 104 Atlanta, GA 30354 Email photos to: recycle@dnr.ga.gov Please reference the site or event name and your EPD-assigned project ID# in the email. Questions? If you have questions about the application or reimbursement process, please call EPD at 404-362-2537. Please allow 45 days for your application to be processed. Commission Meeting Agenda 5/1/2018 2:00 PM Approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. Department:Environmental Services Department:Environmental Services Caption:Motion to approve ESD to utilize the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup and to authorize the Administrator and Mayor to execute Agreements and Required Documents. (Approved by Engineering Services Committee April 24, 2018) Background:Augusta has had an ongoing issue with the illegal dumping of scrap tires. ESD has collaborated with the Marshal’s Office to remove tires illegally dumped on property as well as from the right-of-way. In addition, ESD provides community cleanup programs in which illegally dumped tires are collected and removed. These activities have been successful in getting thousands of scrap tires off the street and off resident’s property, however, the ongoing issue of the proper disposal and cleaning up the illegal dumping of scrap tires continues. According to the Guidelines as set forth by the EPD, eligible entities include cities, counties, and solid waste management authorities. Last year ESD received approval to participate in the Georgia EPD Local Government Scrap Tire Abatement Reimbursement Program for the quarterly Tire Amnesty Events. The EPD Program not only provides reimbursement for local government sponsored scrap tire amnesty events but also for the cleanup of tires illegally dumped on property and on the right-of-way. The EPD Scrap Tire Program allows for the reimbursement of eligible expenses directly related to an approved abatement project. Analysis:Scrap tire abatement project activities that are eligible for reimbursed by the Solid Waste Trust Fund for dump site cleanup are properties were the owner is financially unable to clean up, the property owner is unknown, or the property owner is a victim of illegal dumping. Eligible activities for the right-of-way cleanup is where the scrap tires are located on a city or county right-of-way. The removal of illegal dumped tires from property and removal from the right-of-ways are activities that ESD administers, therefore, this program would provide some reimbursement for the activity expenses. The applications and agreements are required to be signed by an “authorized local government representative” and as such, approval for this is requested so that ESD may proceed and recover the monies invested in these activities. Financial Impact:In 2017, ESD collected, removed, and disposed 2,410 illegally dumped tires at an estimated landfill ticket cost of $6,087.29. ESD also provided removal of 911 illegally dumped tires from our 2017 community cleanup programs at an estimated landfill ticket cost of $1,155.05. In addition, the Georgia EPD Local Government Scrap Tire Abatement Program for Dump Site Cleanup and Right-of-Way Cleanup also allows reimbursement of eligible costs including the cost of accessing and loading the scrap tires, the cost of essential safety equipment and supplies, the cost of transportation, and the cost of processing the scrap tires. Alternatives:1. Do not approve the reimbursement request program. Recommendation:Approve ESD to proceed with applying for the reimbursement program for Dump Site and Right-of-Way Cleanup, and authorize the Administrator and Mayor to execute the associated agreements and application paperwork. Funds are Available in the Following Accounts: No funds are required at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Engineering For N. Max Hicks Water Treatment Plant Reservoir Dam Improvements Department:Utilities Department:Utilities Caption:Motion to approve engineering for N. Max Hicks Water Treatment Plant Reservoir Dam Improvements. The Safe Dams Program has provided direction on repairs and improvements that need to be made and is requiring that those improvements be completed by April 19, 2019. We would like to move forward with this work as quickly as possible to ensure we can complete it ahead of the deadline. (Approved by Engineering Services Committee April 24, 2018) Background:The Hicks Reservoir Dam was constructed in 2005 to create a water storage facility at the N. Max Hicks Treatment Plant, which was put into service at the same time. Water is pumped from an intake on the Savannah River and transported to the reservoir for raw water storage until it flows by gravity to the water plant for treatment and final distribution to the City's potable water system for consumer use. The State of Georgia has determined that the dam meets the requirements to fall under the Georgia Safe Dams Act of 1978, which is administered by the Safe Dams Program. The Safe Dams Program has determined that the slope of the dam is in need of removal of unwanted vegetation, improved grassing and repair of some erosion damage. The Safe Dams Act requires that the grassing and erosion issues be repaired under the design and direction of a qualified engineer. We have requested and received the attached proposal from Cranston Engineering to perform this work. Cranston Engineering is the only local firm with engineers designated as Qualified Engineers of Record by the Safe Dams Program. Analysis:We have reviewed the attached proposal from Cranston Engineering and determined that it is reasonable for the work to be performed. The proposed cost of this work is $49,925.00. We have previous experience with this firm and are confident in their ability to perform the work required. Financial Impact:$49,925.00 from budgeted funds. Alternatives:No practical alternatives Recommendation:We recommend approval of the proposal in the amount of $49,925.00 from Cranston Engineering for this work as described in the attachment. Funds are Available in the Following Accounts: 506043540-5213119 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Revision Summary STRIKE REPLACE [Exhibit B] Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the County Administrator or an authorized representative. Page 3: Local Issuing Authority: Augusta, GA which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized representative All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of rainfall from a site. Page 9: All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional water quality treatment is not required. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than one (1) acre. Page 11: This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. An administrative fee, in the amount of $5.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. Page 15: An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. Page 17: Post construction phase shall include water quality controls depicting stormwater management system designed to meet the City MS4 NPDES Permit and associated Stormwater Management Plan stormwater Runoff Quality/Reduction performance standards. The plan shall include specific information regarding maintenance, operation, and delegation of authority for the system. No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the District and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. Page 17: No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the Augusta Engineering Department (per the District agreement) and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. Page 18: Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta Engineering Department will be required. 1 Ordinance No.___________ AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE 7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Augusta, Georgia Code needs to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta- Richmond County; THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the Augusta, Georgia Board of Commissions that that Article 7 as set forth in “Exhibit A” hereto to be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new ‘Exhibit B” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit A.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4, Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in AUGUSTA, GA, CODE §§4-2-1 through 4-2-6. SECTION 4. The Second Reading of this Ordinance is hereby Waived. Adopted this _______ day of _________________, 2018. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission 2 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading: ________________________ Second Reading: Waived Exhibit “A” STRIKE: Title 4, Public Health, Section 2, Health and Sanitation, Article 7 Soil Erosion, Sedimentation and Pollution Control Ordinance SECTION I TITLE This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: A. DEFINITIONS: 1. Best Management Practices (BMPs): (a) These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Commission as of January 1st of the year in which the land- disturbing activity was permitted. (b) Best Management Practice also include, but are not limited to design specifications from the most recent publication of Georgia Stormwater Management Manual Published by Atlanta Regional Commission. 2. Board: The Board of Natural Resources. 3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. 4. Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. 5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC). 6. County: The Augusta, Georgia (formerly known as Augusta-Richmond County) 7. CPESC: Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc. 8. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. 9. Department: The Georgia Department of Natural Resources (DNR). 10. Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control, Inc. 11. Developer: Refer to the person and persons, a cooperation, or other business applying for a permit to undertake land-disturbing activity and performing development within the scope of this ordinance. 12. Development: Refer to any activity which would alter the elevation of the land, remove or destroy plant life, cause a structure of any kind to be installed, erected, or removed, or a change of any kind from existing condition. 13. Director: The Director of the Environmental Protection Division or an authorized representative. 14. District: The Brier Creek Soil and Water Conservation District. 15. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources. 16. Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. 17. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 18. Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum, protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.D.&E. of this ordinance. 19. Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. 20. Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. 21. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 22. Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. 23. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 24. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5. 25. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. 26. Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the County Administrator or an authorized representative. 27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 28. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold the soil in place, and aid in establishing plant cover. 29. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. 31. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit. 32. NOT: A Notice of Termination form provided by EPD to terminate coverage under the State General Permit. 33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1) percent or greater statistical occurrence probability of flooding in any given year (also referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate Maps – effective date September 25, 2009). 34. Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. 35. Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. 36. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. 37. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. 38. Planning Commission: The Augusta-Richmond County Planning Commission. 39. Phase or Phased: Sub-parts or segments of construction projects where the sub- part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. 40. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. 42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. 43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. 44. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and Water Conservation District or LIA under MOA with Brier Creek Soil and Water Conservation District. 46. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 47. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of §12-5-30. 48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 49. Stream bank: The confining cut of a stream channel usually identified as the point where the normal stream flow has wrested the vegetation. For non-trout waters, the normal stream flow is any stream flow that consists solely of base flow or consists of both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into streams. Direct runoff is the water entering stream channels promptly after rainfalls or snow melts. 50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. 51. Trout Streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5- 20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. 52. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (a) Permanent seeding, sprigging or planting, producing long-term vegetative cover, or (b) Temporary seeding, producing short-term vegetative cover; or (c) Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. 53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. 54. Water Quality: The chemical, physical, and biological characteristics of the State’s water resources. 55. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas SECTION III EXEMPTIONS (a) This ordinance shall apply to any land-disturbing activity undertaken by any person on any land within the jurisdiction of the City except and to the extent exempted by O.C.G.A. §12- 4-17 and as provided under following subsection: 1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968". 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in Section IV of this Ordinance O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones provided by this paragraph shall be enforced by the City; 5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in Section IV.E. of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; 8. Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City, the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders. 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir: (b) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department for approval prior to getting a building permit and conform to the minimum requirements as set forth in section IV of this article, including, but not limited to, the implementation of BMPs. (1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section. (c) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall apply the stormwater management standards for new development and redevelopment and submit stormwater quality management plan to the Augusta Engineering Department for approval prior to getting a building permit or grading permit. All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of rainfall from a site. (1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of 5,000 square feet of land or greater. (2) Redevelopment that creates or adds 5,000 square feet or greater impervious surface area, or that involves land disturbing activity of 10,000 square feet of land or greater. SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES A. GENERAL PROVISIONS: Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section IV.B. D. & E. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this ordinance and the NPDES General Permit B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS: 1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. §12- 7-6 subsection (b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. §12- 5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than one (1) acre. C. VIOLATIONS: 1. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 2. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 3. Failure to perform turbidity monitoring or to submit monitoring results as required under the state general permit(s) applicable to the project shall be a violation of this article for each day on which such failure occurs or continues. 4. If any person commences any land-disturbing activity requiring a land disturbing permit as described in this article without first obtaining said permit, the person shall be in violation of this Article for each day on which such land disturbing activity occurs. 5. Conducting land-disturbing activity in any manner prohibited by or inconsistent with the requirements of this article shall constitute a separate violation of this article for each day on which such prohibited or inconsistent activity occurs or continues. D. REQUIREMENTS: The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance E. BUFFERS: 1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except i) where the Director determines to allow a variance that is at least as protective of natural resources and the environment, ii) where otherwise allowed by the Director pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or iv) along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 2. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b)The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. F. LOCAL ISSUING AUTHORITY: Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of this ordinance. G. LAND-DISTURBING ACTIVITY: The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. SECTION V APPLICATION/PERMIT PROCESS A. GENERAL: The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The City shall review the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the City. However, the owner or operator, with owner notarized written consent, is the only party who may obtain a permit. B. APPLICATION REQUIREMENTS: 1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the County to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable. This also applies to mass grading activities at individual lots within a common development such as subdivision and a builder shall obtain a Land Disturbing Permit as well as a building permit to commence construction. 2. The application for a permit shall be submitted to the County and must include the applicant’s erosion, sedimentation and pollution control plan with a completed checklist and supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. 3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. The administrative fee shall be paid at the time the plan is submitted to the County. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land- disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the County shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the County. No permit will be issued unless the plan has been approved by the District, and any variances required by Section IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the County and the District have entered into an agreement which allows the County to conduct such review and approval of the plan without referring the application and plan to the District. The County with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the County with plan review authority to act within 35 days shall be considered an approval of the revised Plan submittal. 5. Denial of Permit: If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the County may deny the permit application. 6. Bond Requirement: The County may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the County may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. C. PLAN REQUIREMENTS: 1. Plans must be prepared to meet the minimum requirements as contained in Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. §12-7-20. 2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. These check lists are included in this Ordinance by reference. A filled copy of applicable checklist shall be submitted with the plan. 3. Maps, drawings, and supportive computations shall bear the signature/seal of certified design professional. 4. Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibilities of the property owner. 5. Plot plans for single family homes on individual lots shall illustrate the best management practice the contractor will implement during construction to prevent soil erosion and damage to adjoining properties as result if erosion; the plot plan shall illustrate the method for controlling onsite drainage and permanently stabilizing the disturbed soil upon completion of construction. Onsite drainage shall be away from the foundations through and towards a define drainage system. Direction of onsite flow to be indicated by arrows. Plot plans also include contractor name, street name and property address, lot dimensions drawn to scale, all easements, existing drainage features, structures footprints, building setback dimensions, BMPs to be implemented, offsite system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands, state water within 200 feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage requirements also apply to plot plans for individual lots that are part of a larger common plan of development (such as residential or commercial subdivision). D. PERMITS: 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the County of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the District and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. are obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the City are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by the County shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the County, as to all or any portion of the land affected by the plan, upon finding that the land disturbing activity is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor is in violation of this ordinance. A holder of a permit shall notify any successor as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The County may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. §12-7-7 (f) (1). 7. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid. 8. Approved ES&PC Plan is valid for two years from the date it was issued in conjunction with the approved Site Plan or approved Development Plan. However, any project that has not begun construction within one year of issuance of the Land Disturbing Permit shall be required to submit an updated ES&PCP Plan for review and approval. The updated ES&PCP Plan must be submitted 30 days prior to the anticipated start of construction. 9. At completion of Land Disturbing Activities covered under this permit, the disturbed areas shall be permanently stabilized and NOT shall be submitted as soon as possible but not later than 45 days from establishment of permanent stabilization. A copy of NOT shall be provided to Augusta Engineering Department. In case of phased common development, NOT for the completed phase shall be submitted and ES&PC Plans shall be modified accordingly. SECTION VI INSPECTION AND ENFORCEMENT A. The Augusta Engineering Department, will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the City shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. 1. Residential Construction of Individual Lots: The County Building Inspector will inspect for compliance with this Ordinance for residential construction on individual lots. If a project is deemed not in compliance with the approved plot plan, Augusta Engineering Department will be notified for further action. The contractor and builder will be issued a written notice to comply with the approved plan. If the contractor/builder engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter. B. The County must amend its ordinances to the extent appropriate within twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975. C. Augusta Engineering Department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. D. No person shall refuse entry or access to any authorized representative or agent of the County, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. E. The District or the Commission or both shall semi-annually review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority’s ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the county or municipality as a Local Issuing Authority. SECTION VII PENALTIES AND INCENTIVES A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS: If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the City. B. STOP-WORK ORDERS: 1. For the first and second violations of the provisions of this ordinance, the Director or the County shall issue a written warning to the violator. A notice may be in any written form, including without limitation, a memo, letter, directive or citation to appear in Magistrate Court. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the County shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the County shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the County shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the County or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the County or by the Director or his or her Designee without issuing prior written notices. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. C. BOND FORFEITURE: If the County determines that a person engaged in land-disturbing activities at a project where a Bond was required pursuant to Section V has failed to comply with the approved plan, the party responsible for the securing the bond shall be deemed in violation of this Ordinance and a written warning notice to comply shall be served upon that person. The warning notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, in addition to other penalties applicable under this Ordinance, he shall be deemed to have forfeited his performance bond. The County may call the bond or any part thereof to be forfeited and use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. D. MONETARY PENALTIES: 1. Any person who violates any provisions of this ordinance, or any permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. 2. Under provision of this section, any person who continue to violate this Ordinance, or knowingly and intentionally becoming a habitual violator on the same or different site, will be liable for a civil penalty not to exceed $2,500.00 per day. 3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing into the NPDES account. SECTION VIII EDUCATION AND CERTIFICATION A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. §12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land- disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance. D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. §12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW A. ADMINISTRATIVE REMEDIES: The suspension, revocation, modification or grant with condition of a permit by the County, or the issuance of a stop-work order, or the determination to call a bond pursuant to this Ordinance upon finding that the holder is not in compliance with the approved erosion, sedimentation and Pollution control plan, or that the holder is in violation of permit conditions, or that the holder is in violation of any ordinance, shall entitle the person submitting the plan or holding the permit to a hearing before the Augusta Commission within 30 days after receipt by the City of written notice of appeal. A notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension, revocation, unilateral modification, grant with a condition of a permit, or notice of calling a bond by the County, of the issuance of a stop-work order pursuant to this Ordinance. B. JUDICIAL REVIEW: Any person, aggrieved by a decision or order of the County, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Richmond County, Georgia. SECTION X EFFECTIVITY, VALIDITY AND LIABILITY A. EFFECTIVITY: This ordinance shall become effective on the _______ day of __________________, 20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby repealed. B. VALIDITY: If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. LIABILITY: 1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City, Augusta, Georgia or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. 3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the State as defined thereby. 3 Exhibit “B” REPLACE WITH: 1 Title 4, Public Health, Section 2, Health and Sanitation, Article 7 Soil Erosion, Sedimentation and Pollution Control Ordinance SECTION I TITLE This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: A. DEFINITIONS: 1. Best Management Practices (BMPs): (a) These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Commission as of January 1st of the year in which the land-disturbing activity was permitted. (b) Best Management Practice also include, but are not limited to design specifications from the most recent publication of Georgia Stormwater Management Manual Published by Atlanta Regional Commission. 2. Board: The Board of Natural Resources. 3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. 4. Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. 5. City: The Augusta, Georgia (formerly known as Augusta-Richmond County) 6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC). 7. County: The Augusta, Georgia (formerly known as Augusta-Richmond County) 2 8. CPESC: Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc. 9. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. 10. Department: The Georgia Department of Natural Resources (DNR). 11. Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control, Inc. 12. Developer: Refer to the person and persons, a cooperation, or other business applying for a permit to undertake land-disturbing activity and performing development within the scope of this ordinance. 13. Development: Refer to any activity which would alter the elevation of the land, remove or destroy plant life, cause a structure of any kind to be installed, erected, or removed, or a change of any kind from existing condition. 14. Director: The Director of the Environmental Protection Division or an authorized representative. 15. District: The Brier Creek Soil and Water Conservation District. 16. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources. 17. Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. 18. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 19. Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum, protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.D.&E. of this ordinance. 3 20. Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. 21. Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. 22. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 23. Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. 24. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 25. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5. 26. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. 26. Local Issuing Authority: Augusta, GA which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized representative. 27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 4 28. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold the soil in place, and aid in establishing plant cover. 29. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. 31. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit. 32. NOT: A Notice of Termination form provided by EPD to terminate coverage under the State General Permit. 33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1) percent or greater statistical occurrence probability of flooding in any given year (also referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate Maps – effective date September 25, 2009 or the latest). 34. Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. 35. Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. 36. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. 37. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. 38. Planning Commission: The Augusta, GA (Augusta-Richmond County) Planning Commission. 5 39. Phase or Phased: Sub-parts or segments of construction projects where the sub- part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. 40. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. 42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. 43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. 44. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and Water Conservation District or LIA under MOA with Brier Creek Soil and Water Conservation District. 46. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 47. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of §12-5-30. 48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, 6 natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 49. Stream bank: The confining cut of a stream channel usually identified as the point where the normal stream flow has wrested the vegetation. For non-trout waters, the normal stream flow is any stream flow that consists solely of base flow or consists of both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into streams. Direct runoff is the water entering stream channels promptly after rainfalls or snow melts. 50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. 51. Trout Streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12- 5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. 52. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (a) Permanent seeding, sprigging or planting, producing long-term vegetative cover, or (b) Temporary seeding, producing short-term vegetative cover; or (c) Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. 53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and 7 banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. 54. Water Quality: The chemical, physical, and biological characteristics of the State’s water resources. 55. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. SECTION III EXEMPTIONS (a) This ordinance shall apply to any land-disturbing activity undertaken by any person on any land within the jurisdiction of the City except and to the extent exempted by O.C.G.A. §12-4-17 and as provided under following subsection: 1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968". 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in Section IV of this Ordinance, O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones provided by this paragraph shall be enforced by the City; 8 5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in Section IV.E. of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; 8. Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the City from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City, the City shall enforce compliance with the 9 minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders. 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir: (b) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department for approval prior to getting a building permit and conform to the minimum requirements as set forth in section IV of this article, including, but not limited to, the implementation of BMPs. (1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section. (c) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall apply the stormwater management standards for new development and redevelopment and submit stormwater quality management plan to the Augusta Engineering Department for approval prior to getting a building permit or grading permit. All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional water quality treatment is not required. (1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of one acre of land or greater. 10 (2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious surface area, or that involves land disturbing activity of one acre of land or greater. SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES A. GENERAL PROVISIONS: Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section IV.B. D. & E. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land- disturbing activity in accordance with requirements of this ordinance and the NPDES General Permit B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS: 1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. §12-7-6 subsection (b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act", for each day on which such 11 discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. C. VIOLATIONS: 1. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 2. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 3. Failure to perform turbidity monitoring or to submit monitoring results as required under the state general permit(s) applicable to the project shall be a violation of this article for each day on which such failure occurs or continues. 4. If any person commences any land-disturbing activity requiring a land disturbing permit as described in this article without first obtaining said permit, the person shall be in violation of this Article for each day on which such land disturbing activity occurs. 5. Conducting land-disturbing activity in any manner prohibited by or inconsistent with the requirements of this article shall constitute a separate violation of this article for each day on which such prohibited or inconsistent activity occurs or continues. D. REQUIREMENTS: The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 12 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance E. BUFFERS: 1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally 13 from the point where vegetation has been wrested by normal stream flow or wave action, except i) where the Director determines to allow a variance that is at least as protective of natural resources and the environment, ii) where otherwise allowed by the Director pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or iv) along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 2. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing 14 activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b)The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. F. LOCAL ISSUING AUTHORITY: Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of this ordinance. G. LAND-DISTURBING ACTIVITY: The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. SECTION V APPLICATION/PERMIT PROCESS A. GENERAL: The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans and detailed plans and requirements of the City that affect the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, 15 rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the City. However, the owner or operator, with owner notarized written consent, is the only party who may obtain a permit. B. APPLICATION REQUIREMENTS: 1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the County to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable. This also applies to mass grading activities at individual lots within a common development such as subdivision and a builder shall obtain a Land Disturbing Permit as well as a building permit to commence construction. 2. The application for a permit shall be submitted to the County and must include the applicant’s erosion, sedimentation and pollution control plan with a completed checklist and supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. 3. An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. The fee shall be paid at the time the plan is submitted to the County. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land- disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the County shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the County. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 16 IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the County and the District have entered into an agreement which allows the County to conduct such review and approval of the plan without referring the application and plan to the District. The County with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the County with plan review authority to act within 35 days shall be considered an approval of the revised Plan submittal. 5. Denial of Permit: If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the County may deny the permit application. 6. Bond Requirement: The County may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the County may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. C. PLAN REQUIREMENTS: 1. Plans must be prepared to meet the minimum requirements as contained in Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. §12-7-20. 2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. These check lists are included in this Ordinance by reference. A filled copy of applicable checklist shall be submitted with the plan. 17 3. Maps, drawings, and supportive computations shall bear the signature/seal of certified design professional. 4. Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibilities of the property owner. 5. Plot plans for single family homes on individual lots shall illustrate the best management practice the contractor will implement during construction to prevent soil erosion and damage to adjoining properties as result if erosion; the plot plan shall illustrate the method for controlling onsite drainage and permanently stabilizing the disturbed soil upon completion of construction. Onsite drainage shall be away from the foundations through and towards a define drainage system. Direction of onsite flow to be indicated by arrows. Plot plans also include contractor name, street name and property address, lot dimensions drawn to scale, all easements, existing drainage features, structures footprints, building setback dimensions, BMPs to be implemented, offsite system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands, state water within 200 feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage requirements also apply to plot plans for individual lots that are part of a larger common plan of development (such as residential or commercial subdivision). 6. Post construction phase shall include water quality controls depicting stormwater management system designed to meet the City MS4 NPDES Permit and associated Stormwater Management Plan stormwater Runoff Quality/Reduction performance standards. The plan shall include specific information regarding maintenance, operation, and delegation of authority for the system. D. PERMITS: 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the County of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the Augusta Engineering Department (per the District agreement) and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. are obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the City are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 18 3. Any land-disturbing activities by the County shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the County, as to all or any portion of the land affected by the plan, upon finding that the land disturbing activity is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor is in violation of this ordinance. A holder of a permit shall notify any successor as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The County may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. §12-7-7 (f) (1). 7. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid. 8. Approved ES&PC Plan is valid for two years from the date it was issued in conjunction with the approved Site Plan or approved Development Plan. However, any project that has not begun construction within one year of issuance of the Land Disturbing Permit shall be required to submit an updated ES&PCP Plan for review and approval. The updated ES&PCP Plan must be submitted 30 days prior to the anticipated start of construction. 9. At completion of Land Disturbing Activities covered under this permit, the disturbed areas shall be permanently stabilized and NOT shall be submitted as soon as possible but not later than 45 days from establishment of permanent stabilization. A copy of NOT shall be provided to Augusta Engineering Department. In case of phased common development, NOT for the completed phase shall be submitted and ES&PC Plans shall be modified accordingly. SECTION VI INSPECTION AND ENFORCEMENT A. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta Engineering Department will be required. B. The Augusta Engineering Department will periodically inspect the sites of land- disturbing activities for which permits have been issued to determine if the activities are 19 being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the City shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. 1. Residential Construction of Individual Lots: The County Building Inspector will inspect for compliance with this Ordinance for residential construction on individual lots. If a project is deemed not in compliance with the approved plot plan, Augusta Engineering Department will be notified for further action. The contractor and builder will be issued a written notice to comply with the approved plan. If the contractor/builder engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter. C. Augusta Engineering Department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. D. No person shall refuse entry or access to any authorized representative or agent of the County, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. SECTION VII PENALTIES AND INCENTIVES A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS: If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the 20 conduct of a business and associated work activities within the jurisdictional boundaries of the City. B. STOP-WORK ORDERS: 1. For the first and second violations of the provisions of this ordinance, the Director or the County shall issue a written warning to the violator. A notice may be in any written form, including without limitation, a memo, letter, directive or citation to appear in Magistrate Court. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the County shall issue a stop- work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the County shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the County shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the County or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the County or by the Director or his or her Designee without issuing prior written notices. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land- disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. C. BOND FORFEITURE: If the County determines that a person engaged in land-disturbing activities at a project where a Bond was required pursuant to Section V has failed to comply with the approved plan, the party responsible for the securing the bond shall be deemed in violation of this Ordinance and a written warning notice to comply shall be served upon that person. The warning notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, in 21 addition to other penalties applicable under this Ordinance, he shall be deemed to have forfeited his performance bond. The County may call the bond or any part thereof to be forfeited and use the proceeds to hire a contractor to stabilize the site of the land- disturbing activity and bring it into compliance. D. MONETARY PENALTIES: 1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. 2. Under provision of this section, any person who continue to violate this Ordinance, or knowingly and intentionally becoming a habitual violator on the same or different site, will be liable for a civil penalty not to exceed $2,500.00 per day. 3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing into the NPDES account. SECTION VIII EDUCATION AND CERTIFICATION A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. §12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance. 22 D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. §12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW A. ADMINISTRATIVE REMEDIES: The suspension, revocation, modification or grant with condition of a permit by the County, or the issuance of a stop-work order, or the determination to call a bond pursuant to this Ordinance upon finding that the holder is not in compliance with the approved erosion, sedimentation and Pollution control plan, or that the holder is in violation of permit conditions, or that the holder is in violation of any ordinance, shall entitle the person submitting the plan or holding the permit to a hearing before the Augusta Commission within 30 days after receipt by the City of written notice of appeal. A notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension, revocation, unilateral modification, grant with a condition of a permit, or notice of calling a bond by the County, of the issuance of a stop-work order pursuant to this Ordinance. B. JUDICIAL REVIEW: Any person, aggrieved by a decision or order of the County, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Richmond County, Georgia. SECTION X EFFECTIVITY, VALIDITY AND LIABILITY A. EFFECTIVITY: This ordinance shall become effective on the _______ day of __________________, 20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby repealed. B. VALIDITY: 23 If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. LIABILITY: 1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City, Augusta, Georgia or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. 3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the State as defined thereby. Commission Meeting Agenda 5/1/2018 2:00 PM Revised Soil Erosion, Sedimentation and Pollution Control Ordinance Department:Engineering Department:Engineering Caption:Motion to approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. (Approved by Engineering Services Committee April 24, 2018) Background:Augusta, Georgia Area-wide NPDES Permit requires updating land development ordinances if any revision to these ordinances occurred at the state or local level. In addition, Augusta, Georgia is state delegated Local Issuance Authority (LIA) for managing land disturbing activities (development) within its legal boundaries. LIA is required to revise its ES&PC ordinance if Erosion and Sediment Act is revised. In 2015, the E&S Act was revised and Augusta, Georgia being LIA is required to complete its ES&PC ordinance revision accordingly. A copy of Augusta, GA revised ordinance needs to be submitted to the State with MS4 2017-2018 Annual Report. Analysis:Proposed revision to ES&PC ordinance is a state mandated requirement and essential for maintaining LIA status. LIA status is critical for managing land disturbing activities at the local level. Updating ES&PC ordinance is also a compliance requirement of Augusta MS4 Permit. Financial Impact:No Financial Impact Alternatives:Do not approve and suggest alternate way to comply with state mandated requirement. Recommendation:Approve adoption of the revised Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance as requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda Commission Chamber - 4ll7t20l8 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, Frantom, M. williams, Davis, Fennoy, D. williams, Hasan and Smith, members of Augusta Richmond County Commission. INVOCATION: Rev. Charlie K. Deloach, Lead Pastor, Bayvale Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. IvIr. Lamar Hawkins regarding blockage of entrances at the Richmond Summit ItemApartments. Action: None E Lamar Hawkins.pdf lB ltemAoprovalsheet.html Motions Motion Motion TextI VDCJt - Consensus is given to allow Mr. Fennoy, Mr. Ussery and Mr. Hawkins to meet at the Richmond Summit Apartments at 10:00 a.m. on April 20 to discuss the situation and bring back a recommendation at the first committee meeting in May. B. Ms. Alora Martinez, regarding BreathEasy Augusta coalition working to pass a Item comprehensive smoke-free ordinance for Augusta-Richmond County. Action: Approved Made Seconded MotionBy By Result lB BreathEasy Augusta Campaiqn 4.l7.lE.pdf E flod"t"d P..."ntrtior,_fo. Cor-i..ion2 fl) B.""thE"." 4.l7.lg.ort lB ItemAoprovalsheet.html Motions f#:'" Motion Text Made By seconded By f;Xil Motion to approve authorizing the Law Department to meet with the BreathEasy Augusta coalition to draft an Commissioner Approve fifiiffiJiro;o;*** ;r",HB"TJi"" #[1.,:" Passes committee meeting. Voting No : Commissioner Wayne Guilfoyle. Motion Passes 8-1 -1. C. Ms. Sharon Bush Ellison regarding an issue with the Clerk of Superior Court ltemOffice. Action: Disapproved lB Sharon B. Ellison.pdf B ltemApprovalsheet.htmt Motions *j:'" Motion Text Made By Seconded B.. MotionType rvrr'rrrtu[ rtt'\l' rvraue Dy y ReSUIt Motion to deny the request for an ri_- _ :_-t CommissionerDenv T :,x[:utr- ff##':'Jl*" ;*;,ffijL'"" passes Motion Passes l0-0. CONSENT AGENDA (Items l-17) PLANNING 1. Final PIat - Haynes Station Section 7 - 3-862 - A request for concurrence with Itemthe Augusta Georgia Yanning Commission to approve a petition by Cranston Action:Engineering Group P.C., on behalf of COEL Oevelopm"rt Co. Inc., requesting Approved final.pla! approval for Haynes Station Section 7. This single family residential subdivision is located on copse Drive and contains 5l lots.-Dlsrnrcr s 2. Final Plat - Haynes Station Section 8 - S-872-Rev - A request for concurrencewith the Augusta Georgia Planning Commission to approve a petition by Cranston Engineering Group P.C., on behalf of COEL Development Co. Inc., requesting final plat approval for Haynes Station Section 8. This single family residential subdivision is located on Copse Drive and contains 45 lots. DISTRICT 3 lE ItemApprovalsheet.html Motions Motion Motion Textrype Motion to ^ ZDDTOVC.APProve vtotion passes lo- 0. E ltemApnrovalsheet.html Motions Motion Motion Textrype Motion to ^ aDDrove.APProve vtotio, passes lo- 0. Made By seconded By Motion Result Commissioner Commisioner Ben Hasan Sean Frantom Passes Item Action: Approved Made By Seconded By Motion Result Commissioner Commisioner Ben Hasan Sean Frantom Passes 3. Z-18-16 - A request for concurence with the Augusta Georgia Planning Item Commission to approve with conditions below a petition by Viasat, Inc., on Action: b_ehalf of Augusta Shrine Club, requesting a Special Exception to establish an Approved Unmanned Satellite Dish per Section 28-A-5-A of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 3.9g acres and known as 1830 Phiniry Road. Tax Map 145-0-002-01-0 DISTRICT6 1. Issuance of development permits shall be contingent upon submission of plans meeting engineering, environmental, and all other pertinent development regulations. 2. The satellite compound shall be surrounded by u vegetative buffer which effectively screens view of the equipment from adjacent pr6perties and public ROW. 3. To the greatest extent possible, the tower and all associated equipment shall be painted or otherwise treated so as to be largely inconspicuous. 4. The front edge of the leased property must be moved to be in-line with the rear building line of the adjacent home (1832 Phinizy Road); approximately 30 feet south of the present location. E z-18-16.ndf [E ItemApnrovalsheet.html Motions Motion Motion Text[ype Motion to ^ dDDrove.APProve vtotion passes l o- 0. B z-18-17.pdf B ItemAoorovalsheet.html Motions $otion Motion Textrype Motion to ^ approve.APProve Motion passes l o- 0. Made By Seconded By Commissioner Commisioner Ben Hasan sean Frantom Passes Made By Commissioner Ben Hasan Seconded By Commisioner Sean Frantom Motion Result Motion Result Passes 4. Z-18-17 - A request for concuffence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by Civil Design Action: Solutions, on behalf of Terranova Development Co.p., requesting a change of approved zoning from Zone R-lE (One-family Residentiat) to Zone R-lD (One-family Residential) affecting property containing approximately 24.5 acres and known as 1013 Amli Way and 1255 Brookstone Way. Tax Map 040-0-044-00-0, and 040-0-045-00-0 DISTRICT 3 The concept plan reviewed is considered for illustrative purposes of the present zoning action only, and does not meet development plan submission criteria. Development plans meeting all applicable state and local codes and ordinances must be submitted and approved prior to permit issuance. Building design and materials shall substantially conform to theinformation presented to and approved by the Planning Commission.A permanent access easement must be recorded to ensure access to the development via Brookstone Way.A minimum 10' buffer shall be maintained along the properfy line adjoining the Hillcreek subdivision. 5. Z'18'18 - A request for concuffence with the Augusta Georgia Planning ItemCommission to approve with the conditions below u p.lition by Joieph Caputo] Action:on behalf of St. Andrew's Presbyterian Church, requisting a .tung. of zoning Approvedfrom Zone A (Agriculture) and Zone B-2 (General Business) io Zone B-i,affecting property containing 0.29 acres and 'known as part of 3551 WheelerRoad (part of Tax Map 031-0-009-04-0) DISTRTCi 3 l. Issuance of development permits shall be contingent upon submission of plans meetingengineering, environmental, and all other pertinent development regulationsl2. Future development planned for the site must be consistent with aipects of the Augusta Tree Ordinance. PUBLIC SERVICES 6. Motion to approve New Ownership: A.N. 18-12: request by Anil K. Kasturi for Item a retail package Beer & Wine License to be used in connection with Prime Action: Investments 2018, Inc. located at 3307 Mike Padgett Hwy Suite B. District 6. Approved Super District 10. (Approved by Pubtic Services Committee April 10,2018) E z-18-lE.ndf lB ItemAnnrovalsheet.html Motions Motion Motion Textrype Motion to ^ ZDDTOVC.APProve vtotion passes l o- 0. E Prime lnvestment 2018 B.pdf B ItemAoprovalsheet.html Motions Y:1i"' Motion Textrype Motion to ^ approve.APProve Motion passes lo- 0. Commissioner Commisioner Ben Hasan Sean Frantom Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Commissioner Commisioner Ben Hasan sean Frantom Passes 7. Motion to approve New Ownership: A.N. 18-13: request by Anil Kasturi for a Itemretail package Liquor License to be used in connection with Prime Investments Action:2018,Inc. located at 3307 Mike Padgett Hwy Suite A. District 6. Super District Approved 10. (Approved by Pubtic services committee April 10,201g) 8. Motion to approve a request by Melissa Reyes for Mi Rancho 2,lnc.located at Item3064 Washington Rd. for an Alcohol Special Event License May 5, 2018 Action: (Cinco de Mayo in the Parking Lot) DistrictT. Super District 10. (Approved by Approved Public Services Committee April 10,2018) E Prime Investment 2018 A.odf E ItemApprovalsheet.html Motions Sl-tion Motion Textrype Motion to ^ dDDrove.APProve uotion passes lo- 0. IE N{i Rancho 2.pdf lB ItemAoorovalsheet.html Motions Motion Motion Textrype Motion to ^ ZDDTOVE.APProve vtotion passes lo- 0. Commissioner Commisioner Ben Hasan Sean Frantom Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Motion Result Commissioner Commisioner Ben Hasan Sean Frantom Passes ADMINISTRATIVE SERVICES 9. Motion to approve new full-time 100% grant paid Court Aide position for the Item State Court Accountability Court program. Grant is funded annually from July Action: to June. (Approved by Administrative Services Committee April 10,2018) Approved IB ACClourtcaseaide.pdf B ItemAoorovalsheet,html Motions Sotion Motion TextIVDE Made By Seconded By Motion to ^ approve.APProve votion passes 1o- 0. Commissioner Commisioner Ben Hasan Sean Frantom Passes PUBLIC SAFETY 10. Motion to approve the purchase of Cardiac Monitors/Defibrillators from Item Physio-Control, Inc. and authorize the Mayor to sign the contract to purchase Action: the Cardiac Monitors/Defibrillators through Physio-Control, Inc. (Bid l8-130) Approved(Approved by Public Safety Committee April 10,2018) E cardian monitor conlract.ndf E t8-tJo Itg_- sBNt_ro papnR.oar E t8-t:o orucal tan.pot E 18-lJ0 Department Recommendation of Award.pdf Ie mail List and l)emendsflr Plnnhnldars ndf E t8-tJo upB.oat B ltemApprovalsheet.html Motions Motion Motion Textrype Motion to ^ dDDrove.APProve votion passes lo- 0. Made By seconded By Motion Result Commissioner Commisioner Ben Hasan sean Frantom Passes 11. Motion to approve a request from the Richmond County Sheriffs Office to use the monies from the sale of Forfeited/Abandoned firearms ($275,400.00) for use to enhance law enforcement operations within the agency. (Approved by Public Safety Committee April 10,2018) Item Action: Approved @ 2018 Surnlus auction reouest.ndf lE ItemAonrovalsheet.html Motions Motion Motion Textrype Motion toApprove approve. Motion Passes 10- Made By Commissioner Ben Hasan Seconded By Commisioner Sean Frantom Motion Result Passes 0. FINANCE 12. Motion to authorize staff to draft an amendment to the Augusta, GA Code Itemchanging the name of the Development Authority of Richmond County to Action:"Augusta Economic Development Authority" and io bring the proposed iode Approved amendment to the Commission for consideration. (Approved by Finance Committee April 10, 2018) B Resolution creatins Develooment Authoritv (2).ndf B Resolution exoandinp-membershio to nine.pdf lB ItemAnorovalsheet.html Motions Motion Motion Textrype Motion to ^ dDDrove. ^PProve Motion passes l o- 0. LE GPI Easement Deed_(2).pdf lB ItemAnprovalsheet.html Motions Motion Motion Textrype Motion to ^ ZDDTOVC.APProve Motion passes lo- 0. Made By Made By Seconded By seconded By Motion Result Commissioner Commisioner Ben Hasan Sean Frantom Passes ENGINEERING SERVICES 13. Motion to approve an Easement Deed from Graphic Packaging International Item for a pernanent access easement and three temporary construction easements. Action: (Approved by Engineering Services Committee Aprit 10,2018) Approved Motion Result Commissioner Commisioner Ben Hasan Sean Frantom Passes 14. Motion to approve Award of Bid #17-268 for the construction of the ItemHighlands Water Treatment Plant Filter Modification and PAC System to Action:Rehab Construction Company, Inc. (Approved by Engineering Services Approved Committee April 10, 2018) E Hishlands #17-268-- Directors Memo Siqned.odf E 17-268 ITB to_Paper.pdf B officiat gid Tab-tz-268.pdf E lz-zog Mpn.par B l\lail List and Demandslar Planholders.pdf IB 17-268LHishland Avenue-Water-Treatment-Plant Filter Modification and_PAC System IILAll.pdf [El ItemAonrovalsheet.html 15. Motion to approve and authorize the Augusta Engineering Department (AED) to purchase 13.53 Wetland mitigation credits at a total cost of $139,156.05 ($10,285 per mitigation credit) from the AA Shaw, LLC (AA Shaw Wetland Mitigation Bank) to mitigate wetland impacts as determined necessary by the US Army Corps of Engineers in regards to the Hiers Pond/Lake Aumond Dredging Project. (Approved by Engineering Services Committee April 10, 2018) B Ouotelnvoice CitvofAususta LakeAumondl 0312l8.pdf B ItemAoorovalsheet.html Motions Motion il;;- Motion rext Motion to ^ ?DDrOVe.APProve Motion passes l o- 0. Motions Motion Motion Textrype Motion to ^ ZDDTOVE.APProve vtotion passes lo- 0. Commissioner Commisioner Ben Hasan Sean Frantom Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Item Action: Approved Commissioner Commisioner Ben Hasan Sean Frantom Passes 16. Motion to approve Norfolk Southern Activity No. 1256368 Crossing Item Agreement.(Approved by Engineering Services Committee April 10,201S) Action: Approved lB Norfolk Southern Activitv No. 1256J68 Document.pdf IB Norfolk Southern Activitv-No.-1256368 Exhibits.pdf [B ItemAoorovalsheet html Motions f#:" Motion Text Made Bv seconded Bv Hllil Motion to Approve i13,,?l';asses r0- S:fffi3f*' S:#T;"T,:H passes 0. PETITIONS AND COMMUNICATIONS 17. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held March 28,2018 and Special Called Meeting held Aprit 10, Action:2018. Approved lB Resutar-Commission }leetins-l\tarch-28 20 I 8.pdf lB Calted Commission \teetins Aoril l0 20l8.pdf IB ItemAoprovalsheet.html Motions f#:"' Motion Text Made By seconded By f.".t.iir' Motion to a __.-,,_ approve. Commissioner CommisionerApprove Motion passes l0- Ben Hasan Sean Frantom Passes 0. ,K,T,(,(END CONSENT AGENDA,I,f ,T JT AUGUSTA COMMISSION 4n7t2018 AUGUSTA COMMISSION REGULARAGENDA 4n7t2018 (Items 18-23) PUBLIC SERVICES 18. Receive and discuss report from Planning & Development Department Item regarding boarded up structures to include existence. (Requested by Commissioner the number of structures and Marion Williams) lengthy Action: Approved lB ItemApprovalsheet.html Motions Motion Motion Textrype Motion to approve receiving this item as information and bringing back a recommendation on establishing a limited Aoorove timeline for mothballing'^rr^"'- properties. Mr. Fennoy and Mr. Jefferson out. Mr. Sias votes No. Voting No: Commissioner Sammie Sias. Motion Passes 7-1. Made By Seconded By Motion Result Commissioner Ben Hasan CommissionerDennis Passes Williams ADMINISTRATIVE SERVICES 19. Presentation of the Augusta, Georgia Retirement Process. (No Item recommendation from Administrative Services Committee April 10, Action:2o1g) Approved E Aususta GA Retirement Process.not IB Aususta Georqia Retiree Benefits Bookletl (0OJ).pdf E AUTHORIZATIoN FoR INSURANCE DEDUCTIoNS oRIGINAL R.Ddf E ItemApprovalsheet.html Motions |flt:" Motion rext Motion to approve A .^_..^__^ receiving this item as CommissionerADDTOVC- ^rr'- '- information. Mary Davis Motion Passes 10-0. Made By Seconded By Commissioner William Fennoy Motion Result Passes PUBLIC SAFETY 20. Discuss contract negotiations with ambulance companies to provide service to Item the ARC. (Requested by commissioner Marion williams) a,ction: Approved lB ItemAoorovalsheet.html Motions X:i:" Motion Text Made By seconded By Y_",t3..r YPe vllvrrqvs sJ Result Motion to approve receiving this item as information. Mr. Fennoy out. Mr. M. Williams not ^Approve {,"J;x?J ;:ffi:sioner 3:*I,ffi1.' passes Commissioner Wayne Guilfoyle. Motion Passes 7-l -1. 21. Update from staff on what triggered/caused and who authorized stationing a Item Fire Department Emergency Medical Technician (EMT) in the commission Action: chamber during commission meetings. (Requested by Commissioner Marion Approved Williams) B ltemApprovalsheet.html Motions X:jl"" Motion Text Made By Seconded - MotionType rv'J'ullur r cxf, lvlaqe lIy DeCOnOed Ly ReSUIt Motion to approve receiving this item as information. Mr. Fennoy out. Mr. M. Williams not Approve {,rJ,1X?;; i:f#ll';*' 3:#Iffiil.' passes Commissioner Wayne Guilfoyle. Motion Passes 7-l -1. 22. Update on the status of Augusta's efforts to follow through with the Item Commission's- directive to pursue re-opening of the EMS Zoni through the Action: Region VI EMS Council. (Requested by Commissioner Marion Willialns) Approved IF Attachment I - Zonins Process 4-Io-l*.nrtf lB Att".h-.rt 2 - R"nion"l E-".n"n"" M"di."r S.*i.", corn.ir Brl"r, 4.r0.rE.odf E F Attachment 4 - October 10 2017 Called Meetine 4.l0.Ig.pdf B Att""h-"rrt 5-- o"tob". J0 20I7 Mrno. . L.tt.. to R.rion_vl EMS_Corn.it 4.l0.rg.pdf B B Att".h..nt 7 --N{"..h 29 2018 ENIS-Zoninn Co..itt.. M."tinn Ann.d".odf B B Attachment 9 -_March 29_2018 9ll_notes.pdf lB ItemApprovalsheet.html Made By Seconded By 23. \{k. Charles N. Utley regarding the adoption of a resolution relative to Zero ItemWaste and Environmental Democracy. (No Recommendation from Action: Engineering Services Committee April 10,201s) Approved lB Zero Waste and Environmental Democracv 4.l0.l6.pdf E ItemAnorovalsheet.html Motions Motion Motion Textrype Motion to approve receiving this item as information. Mr. Fennoy out. Mr. M. Williams not Approve voting. Voting No: Commissioner Wayne Guilfoyle. Motion Passes 7-l -1. ENGINEERING SERVICES Motions Y:1i'" Motion Textrype Motion to approve allowing the Engineering a ----^___ Services Committee toADDTOVC- -rr- - ' - take this under advisement. Motion Passes 10-0. LEGAL MEETING Commissioner Commissioner Ben Hasan G*dy ^ililh - Passes Motion Result Made By Seconded By Commissioner Sammie Sias Commissioner William Fennoy Motion Result Passes A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 24. Motion to approve execution by the Mayor of the affidavit of Itemcompliance with Georgia's Open Meeting Act.Action: None Upcoming Meetings www.auqustasa.sov CALLED MEETING COMMISSION CHAMBER April24,20tB Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, April 24,2018, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantoffi, M.Williams, Davis, Fennoy, D.Williams, Hasan and Smith, members of Augusta Richmond County Commission. The Mayor called the meeting to order. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: I would entertain a motion to go into an executive session to discusspending and potential litigation, real estate and personnel. Ms. Davis: I so move. Mr. Jefferson: Second. Mr. Sias, Mr. Hasan, Mr. Frantom and Mr. M. Williams out. Motion carries 6-0. IEXECUTTVE SESSTON] Mr. Mayor: -- fantastic, we are back to do the business of the people. The Chair recognizes Attorney Brown. 2- Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: Mayor and Commission, we request a motion to execute the closed meeting affidavit. Ms. Davis: So move. Mr. Fennoy: Second. Mr. Mayor: I've got a motion and a second. Voting. Mr. Ilasan and Mr. Frantom out. Motion carries 8-0. Mr. Mayor: All right, I'm going to take a point of personal privilege and recognize MadamAdministrator. Ms. Jackson: Thank you very much, Mayor Davis. I just want to take a moment tointroduce Dr. Gwendolyn Conner if she would stand up please. This is our new Human ResourcesDirector. She started on yesterday. We are off and running and looking forward to some great things coming out of HR under her leadership. Starting tomorrow we have our committee meJtingof the PPPM sub-committee. She'll take an active role in that so we're getting her rolling froriday one on some of our most important tasks so I just wanted to introduc" O.. Corrror and we alllook forward to working with her. Mr. Mayor: Fantastic. Thank you so much. Welcome aboard, Dr. Connor. The Chair recognizes Attorney Brown. Mr. Brown: We request a motion to approve the hiring of T. K. Geberemariam as Assistant Director of Engineering, as Director of Engineering at the annual salary of $112,000 with a start date of June 4,2018. Mr. Sias: So move. Mr. Hasan: Second. Mr. Mayor: We have a motion and a second. Voting. Mr. Frantom out. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney Brown for a motion. Mr. Brown: We request a motion to approve electric line encroachment permit agreement between the Cify of Augusta, Georgia and PCS Nitrogen Fertilizer LP. Mr. Sias: So move. Mr. D. Williams: Second. Mr. Mayor: Motion with a proper second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney Brown. Mr. Brown: Nothing further, Mr. Mayor. Mr. Mayor: All right. There being no further business, committee meeting. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on April24,2019. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held April 17, 2018 and Special Called Meeting held April 24, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: TALENT BANK INFORMATION QUESTIONNAIRE To be completed by persons desiring to volunteer their services on the __________________ Personnel Board________________ Authority, Board or Commission for Augusta, Georgia. NOTE: Any information entered on this questionnaire would become public information upon your submission/appointment. Email Address______tljones3215@gmail.com______________________________ Date___February 24, 2018________________ 1. Name___Tameka L. Jones _______________________________ Home Phone__(404)416-0170______________ Bus Phone___(706)721-6540____ 2. Address_903 Saint Andrews Drive Richmond Georgia 30909____________ Street County State Zip 3. Date of Birth__July 15, 1982__ Sex: Male__________ Female__X_______ 4. Registered Voter: Yes___X____ No________ 5. Voting District___3_______________________________________________ 6. Martial Status: Single____X______ Married__________ Separated__________ Engaged________ Divorced_________ 7. Education: High School_Burke Co. High School_________________________ College_GA TECH – MS; Howard Univ.- MBA; GA State - BA_____ 8. Relatives working for the City or County: __none__________________________ 9. Occupation:___ IT Project Manager/Business Analyst at Augusta University Health System (Cerner Corporation)____________________ 10. Race: White_________ African-American__X_______ Asian American___________ Spanish Surnamed_________ American Indian_____ Other_________ 11. List Boards you presently serve on: l.__________________________________________________ 2.__________________________________________________ 12. List any area in which you have a particular interest or expertise. ___Personnel Board, Technology________________________________________ _______________________________________________________________ _______________________________________________________________ Commission Meeting Agenda 5/1/2018 2:00 PM District 3 appointment Department: Department: Caption:Motion to approve the appointment of Ms. Tameka L. Jones to the Personnel Board representing District 3. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM Augusta University Marketing Class Presentation--Bridging the Gap Department: Recreation and Parks Caption: Presentation from Augusta University Marketing 3750 Class— Event Planning and Production Background: On April 12, 2018 Augusta University Associate Professor of Marketing Marsha Loda’s Event Planning and Production class presented ideas to Brenda Durant, Margaret Woodward and Glenn Parker based on their task to create an event to appeal to the millennial generation and “increase the vibrancy of downtown Augusta.” Eight teams of students presented various events. The winning team will present their idea of “Bridging the Gap”, a dinner party on the 5th Street Bridge with proceeds going to help the homeless situation in downtown Augusta. Team members: Taylor Herndon David Peltier Emily Banks Madison Layton Erin Willingham Analysis: With emphasis on creating vibrancy with the millennial generation in downtown Augusta this specific program and the others presented by the class offer great ideas for staff to consider when making plans for future events. Financial Impact: Alternatives: Recommendation: Financial: Commission Meeting Agenda 5/1/2018 2:00 PM Augusta University Marketing 3750 Department: Department: Caption:Presentation from Augusta University Marketing 3750 Class—Event Planning and Production. Background:See attachment. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 5/1/2018 2:00 PM Osei - Agreement Amendment Department:Administrator Department:Administrator Caption:Motion to approve an amendment to the Professional Services Agreement with Janice Welch Osei to assist in the Office of the Administrator. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Funding Source: Administrator's Budget Object Code: 5211110 - Management Consultants REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 5/1/2018 2:00 PM Affidavit Department: Department: Caption:Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: