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HomeMy WebLinkAboutORD 7651 AMENDMENTS TO AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, TO INCLUDE ADDITIONAL DEFINITIONS, INCIDENTAL ALCOHOL LICENSES FOE BEER,WINE AND LIQUOR ORDINANCE NO. 711- . I AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-14, SECTION 6-2- 17, SECTION 6-2-19, SECTION 6-2-26, SECTION 6-2-51, SECTION 6-2-52, AND SECTION 6-2-67; SO AS TO PROVIDE ADDITIONAL DEFINITIONS, HOURS OF SALE, CLARIFYING MINIMUM AGE REQUIREMENT FOR EMPLOYMENT, ADDING ALCOHOL LICENSE CLASSIFICATIONS, ADDING LICENSING REQUIREMENTS FOR ART SHOPS, PERSONAL SERVICE ESTABLISHMENTS, AND AUGUSTA CONVENTION AND VISITORS BUREAU, AND ADDING LICENSING FEES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6,Chapter 2,Article 1,ALCOHOLIC BEVERAGES, Section 6-2-2,is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 2. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-14 is hereby amended by deleting this section in its entirety,AND new Section 6-2-14 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 3. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-17, is hereby amended by deleting this section in its entirety,AND new Section 6-2-17 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-19, is hereby amended by deleting this section in its entirety,AND new Section 6-2-19 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-51, is hereby amended by deleting this section in its entirety,AND new Section 6-2-51 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 6. Title 6, Chapter 2, Article 1,ALCOHOLIC BEVERAGES, Section 6-2-52, is hereby amended by deleting this section in its entirety,AND new Section 6-2-52 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 7. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-67, is hereby amended by deleting this section in its entirety,AND new Section 6-2-67 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. • • SECTION 10. This ordinance shall become upon adoption. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this day of rebyuq , 2019. Waive Second Reading Hare ie Davis,77 fAs its Mayor Zlcl iR Attest: / dr Lena J. Bonner, Clerk of Commission Seal. c itO ;t6 4141 1.0 age jos t yy ' q a -006,0*0•410er 41F • CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on 2019 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: WAIVE SECOND READING • • "EXHIBIT A" (Amended sections are underlined) Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Definitions Sec. 6-2-2.Definitions. The following are definitions of terms as used in this Chapter: (a)Alcohol. Ethyl alcohol,hydrated oxide of ethyl,or spirits of wine, from whatever source or by whatever process produced. (b)Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including,but not limited to, distilled spirits,beer,malt beverage,wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department,including the buildings and the surrounding property or campus directly incorporated into such use. (d)Bar/Pub:An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. (e)Beer.Malt beverage obtained by the fermentation of any infusion or decoction of barley,malt,hops, or any other similar product, or any combination of such products in water containing not more than fourteen percent(14%)Alcohol by volume and including ale,porter,brown, stout, lager beer, and strong beer. This term does not include sake,known as Japanese rice wine. (f)Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (g)Brewpub shall mean a restaurant that produces a limited quantity of an alcoholic malt beverage for on- site consumption with incidental sales to the public as carryout and is consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Such use must be connected to public water and sewer. (h) Caterer-Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (i) Church:A permanent building owned and operated exclusively by a religious organization and publicly • • designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (j)Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (k) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department,or any designated representative thereof. (1)Distillery shall mean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (m)Distributor shall mean the manufacturer's direct point of contact for prospective buyers of certain products. (n) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks,rights-of-way,and parking lots,whether public or private,within the limits of Augusta,Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area;Restaurants(eating establishments)as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b)Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (o)Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (p)Fortified Wines shall mean any alcoholic beverage containing more than twenty-one percent(21%) Alcohol by volume made from fruits,berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes,but is not limited to,brandy. (q) Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption.Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (r)Hotel: A building or other structure kept,used,maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient,permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests,such sleeping accommodations being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. • (s) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8,the"Housing Authorities Law". (t)Incidental Alcohol License (t)Liquor. Distilled spirits,which means any alcoholic beverage obtained by distillation or containing more than 21%alcohol by volume, including but not limited to all fortified wines. (u)Liquor Store shall mean a retail outlet for the purpose of the sale of alcoholic beverages to include beer,wine and spirits. (v)Lounge means a separate room connected with a part of and,adjacent to a restaurant or located in a hotel. (w)Main entrance door/front door means the principal entrance by which access may be obtained to the operational area of a structure. (x)Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (y)Nightclub shall mean an established place of business which is licensed to serve alcoholic beverages for consumption on the premises(the sale of alcoholic beverages being the dominant part of its business)and which also may provide live entertainment. (z)Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (aa)Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels er year for p 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) • (ft)Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (gg)Package. A bottle,can or other original consumer container. (hh) Private club means any nonprofit corporation or association organized under the laws of this state which: (1)Has been in existence at least one year prior to filing an application for a license; (2)Has at least 75 regular dues-paying members; and (3)Owns,hires or leases a building or space within a building for the reasonable use of its members, which building or space: a.Has suitable kitchen and dining room space and equipment; b. Is staffed with a sufficient number of employees for cooking,preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time. (ii)Restaurant: An established place of business: (1)Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2)Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3)Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4)Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5)Which serves food during all hours of operation. (6)Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52,provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection(3)of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read"This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-2(w)(7)of the Augusta, Georgia Code."and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license.Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c)of the Augusta-Richmond County Code. • • (jj)Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises,only to consumers and not for re-sale. (kk) Wine. Any alcoholic beverage containing not more than 21%alcohol by volume,made from fruits,berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to,all sparkling wines,champagnes,combinations of such beverages,vermouths, special natural wines,rectified wines, and like products.The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (11) Wholesaler shall mean person or firm that buys large quantities of goods from various producers and resells them to retailers. (mm) Wine Tasting as regulated under Georgia State Alcohol regulations Section 560-2-9-.01, and Section 6-2-77 of the Augusta, Georgia Alcohol Ordinance.An application for a Wine Tasting in an establishment with a current Retail Wine License shall be approved by the Director of Planning& Development. (nn) Incidental Alcohol License shall mean an on premise consumption alcohol license under which the total revenue generated from the sale of alcohol does not exceed 25 percent of the business's total annual gross sales of products and/or services at the business's location. The serving of such on-premise consumption alcohol shall be incidental to the principal business conducted, and at no time can the sale of alcohol be the dominant activity within the business. Businesses that receive an Incidental Alcohol License are required to pay an annual regulatory fee as required in Augusta, Georgia code, Section 2-1-3 (c). (oo)Art Shop shall mean a retail business devoted exclusively to providing art education that is limited to instruction in painting, sculpture and similar crafts; or to selling and displaying portraits,paintings, sculptures, art supplies and similar artwork and crafts.An art shop shall not allow activities that would cause the business to be an adult entertainment establishment as defined in Augusta Code, Section 6-1-2. (pp) Personal Service Establishment means a retail business devoted to providing salon services to individuals such as hair coloring, cutting and styling; nail services; massage therapy, and/or waxing. A stand-alone message therapy business-one that is not under the same business license as a personal service establishment, is not eligible for an incidental alcohol license. (Massage therapy is defined in Augusta Code 6-4-1.) (qq)Augusta Convention and Visitors Bureau located at 1010 Broad Street is the official destination marketing organization for Augusta, Georgia. Sec. 6-2-14.Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation, which shall be determined by Eastern Standard Time or daylight savings time,whichever is in effect: (1)Holders of Class A, C,E, G H, I, J,K, L,M, and N licenses(on-premises consumption of Beer,Wine and Liquor,Brewpubs,Brewery,Micro Brewery,Nano Brewery,Pico Brewery, Distillery,Nano Distillery,and Pico Distillery) shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day;provided, further that said premises shall be vacated of all persons, including employees,by no later than 3:00 a.m. On Saturday, consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages • • • until 11:55 p.m. on Saturdays and the two(2)hours immediately following such time;provided, further,that said premises shall be vacated of all persons, including employees,by no later than 2:30 a.m. on Sunday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food;provided, however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license(off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m.Monday through Saturday and may remain open for business until 11:45 p.m.Monday through Saturday.Holders of a Class F license(off-premises consumption of liquor) shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3)Holders of Class B and D licenses (off-premises consumption of beer and wine)who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4)No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish,or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. (5)Holders of Class 0, P, and Q licenses (incidental on premise consumption of Beer, Wine, and Liquor) shall not serve alcohol earlier than 10:00 a.m. Monday through Saturday and may serve any authorized alcoholic beverage until 10:00 PM. The aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of other non-alcoholic merchandise or services. No alcoholic beverage shall be allowed to be in the possession of patrons before 10:00 AM or after 10:00 PM. On Sunday, the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. Sec.6-2-15. Sunday Sales. (a)The sale of alcoholic beverages is authorized for consumption on-premises in eating establishments,or inns, as defined herein, on Sundays between the hours of 11:00 a.m. and 2:00 a.m. Monday. Where the sale of alcoholic beverages is in conjunction with the sale of food, the aforesaid hours of sale shall be applicable only to the sale of alcoholic beverages and not applicable to the sale of food; provided however, no alcoholic beverage shall be allowed to remain on any bars, tables, or be in possession of patrons after 2:30 a.m. Monday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. For the purpose of this subsection,eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty(50) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in section 6-2-52. For the purpose of this subsection,inn means an establishment which is licensed to sell alcoholic beverages and which derives at least fifty(50)percent of its total annual gross income from the rental of rooms for overnight lodging. (b)The Augusta-Richmond County Commission recognizes the value of the Masters Tournament to tourism and recruitment of industry and business to Augusta, Georgia:that entertainment of visitors to Augusta during the Masters Tournament,including the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament is an important resource to Augusta; and that • allowing"eating establishments"and"inns",that are not otherwise licensed for Sunday sales,to sell alcoholic beverages on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament enhance the ability of Augusta to attract tourism,economic development, and industry and businesses. Therefore, "eating establishments"and"inns"as provided in subparagraph(a) hereof, shall be allowed to secure a special license authorizing the sale of alcoholic beverages, for which they are otherwise licensed,on the Sunday immediately preceding the Masters Tournament and the Sunday of the Masters Tournament. The fee for such permit shall two hundred dollars($200.00)per Sunday, and application for same must be made as provided in Augusta-Richmond County Code § 6-2- 77 at least thirty(30)days in advance of the such event. The license provided for herein shall be in addition to any other license granted under Augusta-Richmond County Code § 6-2-77 or any other section of this Chapter. (c)Policy Statement.The intent of this Sunday Sales Ordinance is to allow those full service restaurants that serve the public to sell alcoholic beverages with the meals on Sunday. It is not the intent of this Ordinance to encourage neighborhood taverns and bars to serve alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday. Sec. 6-2-17.Inventory to be kept under lock and key when sale prohibited. (a)On all days and times that the sale of alcoholic beverages or a particular type of alcoholic beverage is prohibited by state law and where the business is otherwise open and operating for the purpose of the sale of other items and services,it is required that all coolers designated as alcoholic beverage coolers be kept under lock and key during the period of time that sale of alcoholic beverages is prohibited,and also that any inventory of alcoholic beverages must be kept under lock and key during these periods. Sec. 6-2-19.Furnishing to minors-Prohibited. (a) Except as otherwise authorized by law: (1)No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one(21)years of age; (2)No person under twenty-one(21)years of age shall purchase or knowingly possess any alcoholic beverage; (3)No person under twenty-one(21)years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and (4)No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one(21)years of age. (b)The prohibitions contained in paragraphs(1),(2)and(4)of subsection(a)of this section shall not apply with respect to the sale,purchase or possession of alcoholic beverages for consumption: (1)For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2)At a religious ceremony; or (3)In the home of the parent or guardian,with the parent or guardian present. (c)The prohibition contained in paragraph(1)of subsection(a)of this section shall not apply with] respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one(21)years of age or older.For purposes of this subsection,the term proper identification means any document issued by a governmental agency containing a description of the person, such person's photograph, or both,and giving such person's date of birth and including,without being limited to,a passport,military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec.40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. • • (d)If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one(21)years of age from: (1)Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed restaurant,art shop,personal service establishment, or Augusta Convention and Visitors Bureau,as defined in Section 6-2-2. (2)Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (3)Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed restaurant,art shop,personal service establishment, or Augusta Convention and Visitors Bureau, as defined in Section 6-2-2. (e)Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f)No person who holds a license or is responsible for the day-to-day operation of an establishment holding a license permitting the sale of alcoholic beverages for on-premises consumption shall employ any individual under the age of 21, or allow any individual under the age of 21 to be in, frequent or loiter about the licensed premises unless such individual is accompanied by a parent or legal guardian except as provided herein.This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption,and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment, entertainment venue, art shop, personal service establishment, or Augusta Convention and Visitors Bureau, as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premises. Sec.6-2-26.Employment of persons under eighteen years of age prohibited. (a)In establishments holding a license permitting the sale of alcoholic beverages for on-premises consumption that do not prohibit individuals under the age of 21 from entering,no person shall allow or require a person in his employment under eighteen(18)years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b)This section shall not prohibit persons under eighteen(18)years of age who are employed in supermarkets,convenience stores,breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-51.License required. (a)No alcoholic beverage may be sold,possessed for sale, or distributed in Augusta-Richmond County,other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b)Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewery,Manufacturer of Malt Beverages (8) Class H: Brewpub Operator • (9) Class I: Micro Brewery (10)Class J: Nano Brewery (11)Class K: Pico Brewery (12)Class L: Distillery (13)Class M:Nano Distillery (14)Class N: Pico Distillery (15)Class 0: Incidental on-premise beer (16) Class P: Incidental on-premise wine (17) Class Q: Incidental on-premise liquor (18) Wholesale Beer (19) Wholesale Wine (20) Wholesale Liquor (21) Sunday Sales Sec. 6-2-52.License for eating establishment,hybrid restaurants,entertainment venue,art shop, personal service establishment, or Augusta Convention and Visitors Bureau; authority to sell for consumption on the premises. (a)For an eating establishment to be eligible to sell alcoholic beverages for consumption on the premises,it must be a public place kept,used,maintained,advertised and held out to the public as a place where substantial meals are served and where substantial meals are actually and regularly served, such place being provided with adequate and sanitary kitchen to include an appropriate stove,refrigerator,food preparation area, sink, and other items required by the County Health Department and Planning& Development Department for the preparation of foods,and shall have a printed or posted menu from which selections for prepared food can be made, and dining room equipment,and a seating capacity of at least 40 people,having employed therein a sufficient number and kind of employees to prepare,cook and serve suitable meals for its guests as a bona fide eating establishment operation. The serving of such meals shall be the principal business conducted,with the serving of distilled spirits to be consumed on the premises as only incidental thereto, and to qualify as an eating establishment under this section, such establishment must derive at least 50 percent of its total annual gross food and beverage sales from the sales of prepared meals and foods on-premises.The Planning&Development Department staff,upon receiving an application from an eating establishment to sell alcoholic beverages for consumption on the premises, shall inspect the restaurant to determine if the applicant is in compliance with the above requirements for a restaurant and shall advise the Commission the determination of his/her inspection. (b)The licensee of any eating establishment desiring the privilege to sell or otherwise dispense distilled spirits,malt beverages, or wine in accordance with(a)above shall file an affidavit with the Planning&Development Department, certifying under oath that such establishment, if an existing business,derived at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the preceding calendar year or, if a new business, fully intends and expects to derive at least 50 percent of its total annual gross food and beverage sales income from the sale of prepared meals or food on-premise during the remainder of the current calendar year. Such an affidavit must be submitted annually with such establishment's alcoholic beverage license renewal application if restaurant classification is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (c)Not withstanding any other criterion in this section, licensees desiring to operate as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to: (1)the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar; • (2)the licensee complies with the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection(a)and(b)of this section; (3)no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge; (4) the licensee post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 6-2-52(c)of the Augusta, Georgia Code"; (5) the initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section.Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license; and (6)restaurants which elect to charge a cover charge are required to pay an annual regulatory fee as required is Section 2-1-3 (c)of the Augusta-Richmond County Code. (d)For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats,affixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept,used,maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted,with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto,and to qualify as an entertainment venue under this section, such establishment must derive at least 50 percent of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets.The Director of Planning and Development,upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the commission the determination of his/her inspection. The sale of alcoholic beverages is authorized for consumption on-premises in entertainment venues as defined herein,on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the shall be vacated of all persons, including employees,by no later than 12:00 midnight.For the purpose of this subsection,entertainment venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets,and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (1)Any business operating as an entertainment venue as defined in this Code shall be required to have a business tax certificate. The requirements for obtaining,renewing and maintaining such certificate shall be governed by the applicable provisions of the Augusta-Richmond County Code, Title 2,Chapter 2.The regulatory fee for a business tax certificate issued to any entertainment venue shall be as set forth in section 2-1-3(c). (e)Upon renewal of an alcoholic beverage license at a premise where an eating establishment, hybrid restaurant, or entertainment venue is in operation,verified records of sales of food or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment.The Director of Planning and Development may cause an audit of the books of a qualifying eating establishment,hybrid restaurant, or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment,hybrid restaurant, or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. Any untrue or misleading information contained in, or material omission left out of, shall be cause for action to be taken against the alcohol license as provided for in Section 6-2-74. (0 For Art Shops, Personal Service Establishments,and the Augusta Convention and Visitors Bureau to be eligible to apply for an `incidental on—premise consumption alcohol license'it must have a permanent physical location; be a public place kept, used, maintained, advertised and held out to the public as a place of business; and such place being provided with adequate and sanitary facilities as specified by the County Health Department. The serving of such on premise consumption alcohol shall be incidental to the principal business conducted, and at no time can the sell of alcohol be the dominant activity within the business(i.e. operating as a bar). The total revenue generated from the sell of alcohol under the `incidental on–premise consumption alcohol license'must not exceed 25 percent of the business's total annual gross sales of products and/or services at the business's location. The Planning& Development Department staff, upon receiving an application for an `incidental on–premise consumption alcohol license'shall inspect the business to determine if the applicant is meeting the intent of the above requirements and shall advise the Commission the determination of his/her inspection. Businesses that receive an Incidental Alcohol License are required to_pay an annual regulatory fee as required in Augusta, Georgia code, Section 2-1-3 (c). (g) The licensee for an `incidental on–premise consumption alcohol license' desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine in accordance with if above shall file an affidavit with the Planning&Development Department, certifying under oath that such establishment, if an existing business, derived at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business's location during the preceding calendar year or, if a new business,fully intends and expects to derive at least 75 percent of its total annual gross sales income from the sale of non-alcoholic products and/or services at the business's location during the remainder of the current calendar year. Such an affidavit must be submitted annually with such business's `incidental on–premise consumption alcohol license'renewal application if it is to be continued. The hours of sale are set forth in Sections 6-2-14 and 6-2-15. (h) While at a business holding an incidental alcohol license, no customer therein shall consume more than two 6-ounce servings of wine, or two 12-ounce servings of beer, or two 1.5 ounce servings of distilled spirits during a three-hour period. (i)The holder of an `incidental on-premise consumption alcohol license'is not eligible to hold an Alcohol Catering License. Sec. 6-2-65. Same—Additional considerations. (a)In determining whether or not any license applied for hereunder shall be granted,renewed, transferred or issued to a new location, in addition to all the provisions of this Ordinance,the following shall be considered in the public interest and welfare: (1)Reputation, character. The applicant's reputation, character,trade and business associations or past business ventures,mental and physical capacity to conduct this business. (2)Previous violations of liquor laws. If the applicant is a previous holder of a license to sell alcoholic liquors,whether or not he has violated any law,regulation or ordinance relating to such business. (3)Manner of conducting prior liquor business. If the applicant is a previous holder of a license to sell alcoholic liquors,the manner in which he conducted the business thereunder,especially as to the necessity for unusual police observation and inspection in order to prevent the violation of any law,regulation or ordinance relating to such business. (4)Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood,and the effect such an establishment would have on the adjacent and surrounding property values. (5)Number of licenses in trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. (6)Dancing. If dancing is to be permitted upon the premises for which the license is sought and the applicant has previously permitted dancing upon any premises controlled or supervised by him,the manner in which he controlled or supervised such dancing to prevent any violation of any law,regulation or ordinance. (7)Previous revocation of license. If the applicant is a person whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages license suspended or revoked. (8)Payment of taxes. If the applicant and business are not delinquent in the payment of any local taxes. (9) Congregation of minors. Any circumstances which may cause minors to congregate in the vicinity of the proposed location,even if the location meets the distance requirement under section 6-2-64(b)herein. (10)Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve(12)months immediately preceding the date of application. (11)Previous Denial or Revocation. The denial of an application, or the revocation of a license, occurring within the preceding twelve(12)months,which was based on the qualifications of the proposed location. (b)If the application is denied,the Augusta-Richmond County Commission shall cause a written report to be prepared showing the reason or reasons for the denial. The Commission shall return the application showing its denial,together with the written report,to the Director of Planning& Development who shall notify the applicant of the denial within five(5)days of the denial.Notice to the applicant shall be made in writing, showing the reason or reasons for the denial and the day and time of the next scheduled meeting of the Commission. The applicant may appeal the denial of the application by serving notice on the Commission requesting reconsideration of the application. The applicant shall serve said notice, in writing,on the Commission within five(5)days of the receipt of the denial of the application. (c)On reconsideration,the Commission shall hear evidence offered by the applicant and any entity opposing the issuance of the license. The applicant may be represented by counsel,may offer testimony by witnesses or any other evidence and may question any opposing witnesses. At the close of the evidence,the Commission shall either uphold its denial or shall approve the issuance of a license. Sec. 6-2-67.License fee. (a) When due and payable. When a license has been approved and granted,the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b)Amount. Each applicant shall pay a license fee as set out herein: (Fees are subject to change/contact the Planning&Development Department for the current fee schedule.) Retail and Wholesale: Fee (1) Class A: Consumption on-premises beer $625.00 -$665.00 (2)Class B: Retail beer $665.00 (3)Class C: Consumption on-premises wine $625.00-$665.00 (4)Class D: Retail wine $665.00 (5)Class E: Consumption on-premises liquor $3,115.00 -$3,330.00 (6)Class F: Retail liquor $3,330.00 (7)Class G: Brewery,Manufacturer of Malt Beverages $1,000.00 (8)Class H: Brewpub Operator $1,000.00 (9) Class I: Micro Brewery $1,000.00 (10)Class J: Nano Brewery $1,000.00 (11)Class K: Pico Brewery $1,000.00 (12)Class L: Distillery $1,500.00 (13)Class M:Nano Distillery $1,500.00 (14)Class N: Pico Distillery $1,500.00 • • (15) Class 0: Incidental on-premise beer $315.00 (16)Class P: Incidental on-premise wine $315.00 (17) Class Q: Incidental on-premise liquor $1,560.00 (18) Wholesale liquor $6,050.00 (19) Wholesale beer $665.00 (20) Wholesale wine $135.00 (21) Sunday sales $1,245 -$1,330.00 (22) Alcohol Catering $365.00(flat fee) (23) Second Alcohol License $625.00 - $665.00 Restaurants and Bars(On-premise consumption) Occupancy Load/Fee 1 — 100 101 —200 201 —300 301+ Beer $625 $635 $650 $665 Wine $625 $635 $650 $665 Liquor $3115 $3175 $3235 $3330 Sunday Sales $1245 $1270 $1295 $1330 Second Alcohol Lic. $625 $635 $650 $665 Sunday Sales Single $250 $275 $300 $325 Event Restaurant and Bars (c)Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half(1/2)of the full license fee shall be paid for a license issued after July 1 of the license year. (d)Refund. In case of the revocation or surrender of such license before the expiration of the calendar year,the holder thereof shall not be entitled to receive any refund whatsoever.