HomeMy WebLinkAboutALCOHOL ORDINANCE 1997
Augusta Richmond GA
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Augusta-Richmond County
Alcohol Ordinance
113&
>~ OEORGIJ-.-
, Adopted By
Commission Council
Augusta ~Richmond County
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, March 1997
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AUGUSTA-RICHMOND COUNTY ALCOHOL LICENSE FEES
RETAIL PACKAGE DEALERS
LIQUOR
$2.500.00
BEER
500.00
WINE
500.00
CONSUMPTION ON PREMISES
LIQUOR
$2,500.00
BEER
500.00
WINE
500.00
DANCE HALL
$50.00
SUNDAY SALES
$1,000.00
SECOND ALCOHOL LICENSE
$500.00
NEW AND TRANSFER APPLICATION FEES
$100.00
WHOLESALE
LIQUOR
$5',000.00
BEER
, ,
500.00
WINE
100.00
..............................................................................
THE AUGUSTA-RICHMOND COUNTY WINE, BEER AND wmSKEY REGULATIONS
STATES THAT "one-half (1/2) of a full license fee shall be paid for a license issued after July
1st. Of the license year."
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Augu.tA.a1c~d councy Code
Adop~ed Kareh 11, 1'"
cHAPTER 2
ALCOHOLIC BEVERAGES
ARTICLE 1
IN GKNBRAL
!i 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 (~) family or to
prevent undesirable persons from engaging in or having any interest in alcoholic
beverages.
!i 6-2-2.
DEFIN:!TIONS.
The following are definitions ~f 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. Includes all alcohol, whiskey, liquor, beer,
malt beverage, wine, or fortified wine.
(c) 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.
(d) Director of License & Inspection. The person named as direccor of
the Richmond County License & Inspection Department, 'the City of Augusta Business.
License and Enfor~ement Department, the City Sheriff, or the successor to such
departments.
(e) Liquor. Distilled spirits, which means any alcoholic beverage
obtained by distillation or containing more than 2~\ alcohol by volume, including
but not limited to all fortified wines.
(f) Off-premises consumption. The sale of alcoholic beverages in
unbroken packages for consumption in a location other than the licensed premises.
(g) on-premises consumption. The sale of alcoholic beverages by the
drink or in broken packages for consumption on the licensed premises.
(h) 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
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AUguStA.Ricnmond County COde
Adopted March 18. 1997
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.
(i) Package. A bottle, can or other original consumer container.
(j) 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.
(k) 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.
~ 6-2-3.
SALE A PRrvILEGE, 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.
~ 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.
~ 6-2-5.
CONSUMPTION AT PARKS OR PLAYGROUNDS.
(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 any type
of intoxicating liquor or beverages in and on any public park or playground or
building thereon, owneu or operated by Augusta-Richmond County, at any time
whatsoever, with the exception of Julian Smith Casino, Julian Smith Park Barbecue
Pit, Fleming Park Community Center, R(1nolds'Park, Jamestown Community Center,
6-15
Augusta-Richmond County Code
Adopt.ed Harch 18. 1997
Hephzibah Community Center and McBean Community Center, May Park, Bell Terrace,
Savannah Place, Warren Road Community Center, and the New Savannah Bluff Lock &
Dam Recreation Area, or any other ~acility or property owned, controlled, or
maintained by Augusta-Richmond County, in accordance with subsection (b) below.
(b) Prior written approval must be obtained from the Sheriff of
Richmond County, Georgia, and the director of recreation, when alcoholic
beverages are served or consumed at Fleming Park Community Center, Reynolds Park,
Jamestown Community Center, Hephzibah Community Center, McBean Community Center,
May Park, Bell Terrace, Savannah Place, Warren Road Community Center, the New
Savannah Bluff Lock & Dam Recreation Area, Julian Smith Casino, or Julian Smith
Park Barbecue Pit, or any other facility or property owned, controlled, or
maintained by Augusta-Richmond County.
~ 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.
.)
~ 6-2-7.
LICENSEE.
NOTICE TO AUGUSTA-RICHMOND COUNTY OF DISCIPLINARY ACTION AGAINST
(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 dispositinn of any charges or the time and place
where such charges will be heard. Any licensee who fails to so notify the
)
6-16
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Augu&ta~Richmond County Code
Adopted Maron 18. 1997
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 Commi,ssion, c/o Director of License & Inspection, P.O. Box 1477, Augusta,
Georgia 30903.
~ 6-2-8.
DAYS SALES ALLOWED.
(a) Licensees hereunder shall not permit the sale of any alcoholic
beverage on Sunday (except as provided in ~~ 6-2-15 and 6-2-16. Furthermore, no
liquor store may be open on Thanksgiving Day or 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
mal t 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 be'verages is
prohibited by state law, consumption-on-premises licensees shall not open for any
purposes (except as provided in ~~ 6-2-15 and 6-2-16 except with the prior
written permission and consent of the Richmond County Sheriff's Department, for
maintenance or similar purposes.
~ 6-2-9.
READING OF REGULATIONS REQUIRED.
No person shall be approved for a license hereunder, or approved for
employment by a licensee, 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.
. ~ 6-2-10.
INSTRUCTED.
COPY OF REGULATIONS TO BE MAINTAINED ON PREMISES; EMPLOYEES TO BE
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.
~ 6-2-11.
ADULTERATION OF BEVERAGES, REFILLING BOTTLES, ETC.
It shall be unlawful for any person to add to the contents of any bottle
labelled as containing an alcoholic beverage, or to refill any such empty bottle,
orin any manner to misrepresent the quantity, quality or brand name of any
alcoholic beverage.
~ 6-2-12.
ILLUMINATION OF CERTAIN PREMISES.
All premises for which a Class A (on-p~emises 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 r;hall be adequately
6-17
Augusta-RichmOnd County Code
Adopted March 18. 1997
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illuminated so that all hallways, passage ways and open areas may be clearly seen
by customers therein.
~ 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.
~ 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, and E licenses (on-premises
consumption of beer, wine and liquor) 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, consurnption-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 ~ 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,
(3) Holders of Class Band 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 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 an person
on any day or at any time when the sale of same is prohibited by law.
~ 6-2-15.
SUNDAY SALES.
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; provided, further that the area where
alcoholic beverages are being sold and/or served shall be vacated of all persons,
including employees, by no later than 3:00 a.m. 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.
)
, 6-18
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A.ugusta-Richmond County Code
Adopted March 18. 199'
:
Monday, and the inventory of alcoholic beverages must be secured as described in
9 6 - 2 -17 of this Ordinance. For the purpose of this subsection, ea ting
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 f09d and beverages sales from the sale of
prepared meals or food, and shall further mean a restaurant meeting criteria for
license eligibility provided in 9 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.
9 6-2-1.6.
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 1.2:30 p.m. and midnight.
9 6-2-1.7.
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.
(b) Further provided, if a Class B (off-premises consumption or beer)
or D (off-premises consumption of wine) license is issued in connection with the
operation of a grocery store, the beer and/or wine at said loca'tion shall be
separated from the stock of groceries and shall be locked up or covered up during
any hours of the day when the sale of said beverages are prohibited by law.
S 6-2-1.8.
PRICES TO BE INDICATED.
R~tailers 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. . ,
S 6-2-1.9.
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 bev~rage 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
misrepresent such person's age in any manner whatever for
obtaining illegally any alcoholic beverage; and
of age shall
the purpose of
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6-19
AugustaaRichmond County Code
Adopted March 18. 1991
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(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 pu~oses pursuant to a prescription of a
physician duly authorized to practice medicine in this state;
(2)
(3)
guardian present.
At a religious ceremony; or
In the home of the parent or guardian, with the parent or
,)
(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 1imited to, a passport, mi1itary
identification card, driver's license, or an identification card authorized under
O.C.G.A. S 40-5-100 through S 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 ~ 6-2-25,
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;
(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.
(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 allow any individual under the age
of 21 to be in, frequent or loiter about the licensed premises unless such
indi vidual 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
)
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Augusta.Richmond County Code
Adopted March 18. 1991
qualified eating establishment 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 indi viduals who are employees of the
licensee with assigned duties in the licensed premises.
5 6-2-20.
SAMB--PENALTY FOR VIOLATION.
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 ~ 6-2-:1.9 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.
5 6-2-21. PRBMrSBS TO BB KEPT IN ORDERLY MANNER, ~TH OUTSIDB 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 ~ 6-:2-22 hereof.
5 6 - 2 - 22 .
SALBS AT R:IVERWALK.
Sales in the Riverwalk area shall be allowed in areas designated for
alcohol sales by the License & Inspection Department as permanent locations.
5 6-2-23.
SANITATION REQUIREMENTS.
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) or Class E (on-premises cons~mption of liquor) license has been issued
shall afford therein adequate sanitary toilet facilities.
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Augusta~Rlcnmcnd County Code
A4op~ed MArch 18, 1997
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~ 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.
~ 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.
S 6-2-26.
EMPLOYMENT OF PERSONS ONDER EIGHTEEN YEARS OF AGE PROHIBITED.
-)
(a) 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.
~ 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
woul,-J. vanish. As to adult dance establishments, this section represents a
balancing of competing interests: reduced criminal activity and protection of the
)
6-22
Auguat.-Richmond County Code
Adopted March 18, 1'"
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.
~ 6-2-28.
FXNANCIAL TRANSACTXONS.
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 coin-in-slot
devices dispensing goods, services, or amusements, or any other thing of value.
S 6-2-29.
LXCENSEE PURCHASES FROM LXCBNSBD 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 eo 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 ~ing of any forbidden arrangements shall be
cause for revocation of the licenses of all licensed wholesalers and retail
dealers or retail consumption dealers involved.
S 6-2-30.
SOLXCXTATXON OF DRXNKS.
No person while holding any license shall require, p~rmit, 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 pe~son 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.
S 6-2-31.
CONSXDERATXON OF GOODS BOUGHT OR SOLD TO BE XN CASH; EXCEPTIONS.
(a) The consideration for all alcoholic beverages sold by any licensee
shall be cash only and the delivery and payment therefor 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 purc~se 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
'::
6-23
)
)
Augu8ta.Richmond County Code
Adopt.ed March 18. 1'97
a monthly basis shall not be prohibited provided the receivables from such
transactions are promptly placed for collection consistent with sound business
practices.
S 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 discove~ed or prevented such activity.
S 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.
S 6-2-34.--6-2-50. RESERVED.
6-24
;
Augusta-Richmond County Code
Adopted March 18. 1'"
ARTICLE 2
LICENSING
S 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 City Council of Augusta or the Richmond County Board of
Commissioners for the calendar year 1996, and thereafter 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: Brewer, .Manufacturer of Malt Beverages
(8) Class H: Brewpub Operator
(9) Wholesale Beer
(10) Wholesale Wine
(11) Wholesale Liquor
(12) Sunday Sales
S 6-2-52. LI~SE FOR BATING BSTABLISHMENT; AUTHORITY TO SELL FOR CONSUMPTION
ON THE PREMISBS. ****SEE ORDINANCE #5961
(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 and dining room
equipment and a seating capacity of at least forty (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.
The Director of License & Inspection, upon receiving an application from an
eating establishment to sell alcoholic beverages for consumption on the premises,
shall inspect the restaurant to determin~ if the applicant is in compliance with
':
6-25
Augusta.Richmond County Code
Adopted March 18. 1997
the above requirements for a restaurant and shall advise the Commission the
determination of his/her inspection.
(b) upon renewal of an alcoholic beverage license at a premises where
an eating establishment is in operation, verified records of sales of food as
they relate to the total sales of food and beverages shall be furnished.
Verifications must be submitted by both the license holder and the management of
the establishment. The Director of License & Inspection may cause an audit of
the books of a qualifying eating establishment to be made at any time. Failure
of a licensee which is a qualifying eating establishment to cooperate in the
execution of the audit shall be a violation of this Ordinance.
~ 6-2-53.
LICENSES FOR BREWPUBS AND BREWERIES.
(a) Required. No individual shall be permitted to own or operate a
brewpub without first obtaining a proper license from the Augusta-Richmond County
Commission, and each brewpub licenseholder shall comply with all other applicable
state and local license requirements,.
(b) Defini tions. The following definitions shall apply in the
interpretation and enforcement of this Ordinance:
)
(1) 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.
(2) Brewer. A manufacturer of malt beverages.
(c) Terms of license.
(1) A brewpub license authorizes the holder of such license to:
a. 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
b. Operate an eating establishment that shall be the sole
retail outlet for 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.
(2) 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 for the same premises.
(3) A brewpub license does not authorize the holder of such
license to sell alcoholic beverages by the package for consumption off the
premises.
)
6-26
::,..~
Auguata-Rlchmond County Code
Adopted March 18. 1997
(4) A brewpub licensee shall not offer or permit any free
sampling of beer by its customers on the premises of a brewpub.
(5) A brewpub licensee shall:
a. 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
b. 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.
5 6-2-54.
LOCATION.
LICENSE FOR OFF-PREMISES CONSUMPTION AND SALE BY THE DRINK AT SAME
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.
5 6-2-55. HOLDER OF LICENSE FOR OPF-PREMXSES CONSUMPTION OF LIQUOR SELLING
BY THE DRINK WITHOUT LICENSE FOR ON-PREMXSES 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.
5 6-2-56.
BROWN - BAGGING, B'l'C.
(a) No individual shall be'allowed to consume alcoholic beverages in
any restaurant, lounge, or bar with an occupation tax certificate from Richmond
County, the City of Augusta or 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, 10unge or bar in
Augusta-Richmond County shall not allow any individual to consume alcoholic
beverages on their premises when ~~ch 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.
5 6-2-57.
AUGUSTA-RICHMOND COUNTY EMPLOYEES HOLDING LICENSES PROHIBITED.
It shall be unlawful for any elected or full-time appointed 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.
':
6-27
Augu8ta-Richmond County Code
Adopted March 18, 1997
~ 6-2-58. APPLICANT FOR NEW LICENSE TO GIVE PUBLIC NOTICE, FURNISH PROOF OF
ADVERTISEMEN'I'.
(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 3D-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:
~)
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
, 19
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 hereinabove.
(a)
FILING APPLICATION.
***SEE ORDINANCE IN BACK OF. BOOK
Formi ~nformat~on to 15e prov~aea.
~ 6-2-59.
(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, COWlty, municipal or
federal court, and the particulars of same; the prior business of applicant for
)
6-28
Augusta-Richmond County COde
Adopeed March 18. 1997
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 r~quired 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 both
applications for original licenses and renewals of existing licenses.
(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, or from any alcoholic treatment center owned and operated by a
governmental entity, as measured under ~ 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 (~O) days of such change.
(b) Date due. All applications, including required documentation,
shall be filed with the Director of License & Inspection not less than thirty
(30) days prior to the date when the application is scheduled to. be 'heard.
(c) Fee., Every such application, excluding renewals and transfers,
shall be accompanied by a non-refundable application fee in the amount of one
hundred dollars ($100.00), 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.
~ 6-2-60.
SHERIFF;
REQUEST.
INSPBCTION OF APPLICATION BY LICENSB INSPBCTOR; INVESTIGATION BY
PROVISION OF INFORMATION TO LICENSE & INSPBCTION DEPARTMENT UPON
(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 License & Inspection for Augusta-Richmond County, who shall inspect the
application and refer same to the Richmond County Sheriff, who silall investigate
the character and reputation of the applicant, owners, partners, officers of the
corporation, shareholders, managers, employees, and others associated with th~
':
6-29
AuguSta.R~cnmond County Code
Adopted Haren 18. 1997
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 License . Inspection 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.
5 6-2-61.
REVIEW OP APPL~CAT~ON BY THE AUGDSTA-R~CHMOND COUNTY COMM~SS~ON.
(a) Procedures--generally. After the requirements of ~~ 6-2-57 through
6-2-59 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 August~-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.
5 6-2-62.
APPLICANTS.
CRITERIA POR LICENSE APPROVAL- -PERSONAL
***SEE ORDINANCE IN BACK OF BOOK
QUALIFICATIONS
OF
(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
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
)
6-30
Augusta-Rlchmond County Code
Adopted MArch 18. 199'
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; Involvemen~ in Business. The applicant must
own a bona-fide int~rest 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 appl~cant 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 ~ 6-2-70(d) herein.
(e) Eligibili ty. The applicant must not fall into any of the
categories of individuals who are ineligible to hold a license under ~ 6-2-62.
~ 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 9 6-2-61. '
(a) A person or persons or any of the officers and directors who have
been convicted of a felony in any jurisdiction. A conviction, for purposes of
this paragraph, includes a guilty plea or plea of nolo contendere.
:
6-31
Augusta-Richmond County Code
Adopted March 18. 1997
(b) A person or persons or any of the officers and directors who have
been convicted of a non-felonious crime of moral turpitude, lottery, or illegal
possession and sale of narcotics or liquors within the five (5) years preceding
the filing of the application. A conviction, for purposes of this paragraph,
includes a guilty plea or a plea of nolo contendere.
(c) A 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) A person who has knowingly falsified information or made any
material misrepresentation 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) A 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 within the ten (10) years preceding the filing of the application. For
purposes of this paragraph, a conviction includes a guilty plea or a plea of nolo
contendere.
~-)
(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 th~ lottery laws of this state, said license
shall be subject after hearing to immediate suspension or revocation.
~ 6-2-64. SAME--LOCATJ:ON RESTRICTIONS.
***SEE ORDI~CE IN BACK OF BOOK
(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
Malt beverage
Wine
100 yards
100 yards
100 yards
(2) School building or school grounds:
Whiskey
Malt beverage
Wine
200 yards
100 yards
100 yards
The schools or colleges referred to herein shall include only such
state, county, city, church or other schools as teach the subjects commonly
taug~t 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,
,)
6-32
.-
,'"
Augusta.Ricnmond County Code
Adopced March lB. 199'
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) 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 to the grounds,
whichever is applicable.
(e) 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.
(f) 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.
(g) Nothing contained herein shall prohibit the issuance of any license
authorizing the ~ale 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
9 6-2-52 of this Ordinance; and
(4) A location for a single event occasion.
(h) 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. .
:
6-33
Augusta-Richmond County Code
Adopt"d ....rch 18, 1997
.-
(i) 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.
(j) 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.
(k) 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.
(1) 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.
S 6-2-65.
SAME--ADDrTrONAL CONSrDERATrONS.
(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 OrdLnance, the following shall be considered in the
public interest and welfare:
" (1) Reputation, cbaracter. 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. Th~ 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.
,)
6-34
,.
A.ugusta-Richmond County Code
Adopted Karch lB. 1997
(7) Previous revocaCion 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 Caxes. If the applicant and business are not
delinquent in the payment of any local taxes.
(9) Congregacion 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 s 6-2-63(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, if within the City of Augusta, or within the immediate
area if in the unincorporated area of Richmond County, 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 License & Inspection
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 uppold its denial' or shall approve the issuance of
a license. '
5 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.
5 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.
6-35
Augusta.R.ictlnwond County Code
Adopted March 18. 199'
(b) Amount. Each applicant shall pay a license fee as set out herein:
(1) Class A
Consumption on premises beer
$500
$500
$500
$500
(2) Class B
Retail beer
(3) Class C
Consumption on premises wine
(4) Class D
Retail wine
(5) Class E
consumption on premises liquor
$2,500
(6) Class F
Retail liquor
$2,500
$500
(7) Class G
Brewer, Manufacturer of Malt
Beverages
(8) Class H
Brewpub Operator
$500
(9) Wholesale liquor
$5,000
(lO) Wholesale beer
$500
$100
(ll) Wholesale wine
)
(12) Sunday sales
$1,000
(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.
~ 6-2-68.
TERM OF LICENSE.
All licenses granted hereunder shall be for the calendar year.
~ 6-2-69.
DISPLAY OF LICENSE ~QUIRED.
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.
~ 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 (l) or more of the partners who were partners at
the time of the issuance of the license.
)
6-36
AuguSta.Rlcnmond County Cod~
Adopted Maren 18. 1997
(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 License & Inspection' 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 License & Inspection of the basis of the exception and shall
provide the Director of License & Inspection with any information and/or
documentation. requested in connection with the exception. The Director of
License & Inspection shall then either approve or deny the exception. If the
exception is approved, the license shall be transferred by the Director of
License & Inspection.
(c) Fee for transfers. There shall be a fee of one hundred dollars
($100.00) for transfers pursuant to this section.
(d) New ownership; retail alcoholic beverage licenses. No retail beer,
wine or whiskey license shall be transferred, but where a change in owners~ip 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 (~) employer or manager of ~y social club to a
successor employer or manager of, the same club, shall not be deemed a transfer
of license within the prohibition against transfer contained in these
regulations. 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. An applicant for a change of license must follow the procedure for
applying for an alcoholic beverage license~ excluding ~ 6-2-57. A transfer fee
from manager to manager shall be one hundred dollars ($100.00).
~ 6-2-71.
RENEWAL OF L~CENSES.
(a) All licenses granted hereunder shall expire on December 31 of each
year. Licensees who desire to renew their licenses shall file an application
therefor, together with the requisite fee with the License & Inspection
Department for such renewal, upon forms approved by the Director of License &
Inspection, on or before December 1 of eacH year.
6-37
AU9usta.Rlcnmond Count.', Code
Adopted March 18. 199"7
(b) All licenses to be renewed for the subsequent calendar year shall
be submitted by the License & Inspection Department to the Commission for
approval no later than December 15 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 License & Inspection Department
for review and consideration for approval.
!i 6-2-72.
DENIAL OF APPLICATION TO RENEW LICENSE.
(a) The possession of a license under this Ordinance is a privilege
granted by the Board of Commissioners, City Council of Augusta, or the Augusta-
Richmond County Commission. 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 ~ 6-2-74 herein.
(b) When the Sheriff recommends ,that an application to renew a license
be denied, he shall provide the Director of License & Inspection 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)
5 6-2-74.
Commission shall receive evidence in the same manner described in
(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 License & Inspection 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 se~ing notice on the
Commission requesting reconsider~tion 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.
!i 6-2-73.
CANCELLATION OF LICENSES.
(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.
)
6-38
August.a-Rlcnmond County ::ode
Adopted Marcn 18. :.991
(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 lBO-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.
5 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.
6-39
Augusta-Ricnmond County Code
Adopted March IS. 1997
!i 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
License & Inspection or head of any department authorized to inspect the licensed
premises, shall file a complaint with the Augusta-Richmond County Commission.
The Director of License & Inspection 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.
(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 License & Inspection 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 License & Inspection,
who shall return the license (s) to the l'icensee 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)
licensee
licensee
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.
If the Commission or committee thereof decides' to place the
on probation, it shall state the number of days of the probation. .The
shall retain the license or licenses during the period of the probation
(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.
)
6-40
~
r;
Auqusta.Ricnmond Count" Code
- Adopted ".rch 18: 1~9i
,.
(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 License & Inspection 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 License & Inspection 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.
(1) If the Commission reverses its prior action with regard to the
license and the Director of License & Inspection 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. '
!i 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 one and one-
half (1 1/2) miles or less from an existing location or establishment for which
the Richmond County Board of Commissioners, the City Council of Augusta or the
Augusta-Richmond County Commission 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 !i 6-2-63(d~ of this Ordinanc~.
(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.
!i 6-2-77. LICENSE FOR SINGLE EVENT; OCCASIONAL LICENSE.
DELETE ORDINANCE 6-2-77 ADD ORDINANCE 6149 In Back of Book
(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.
6-41
AuguSta-Rlcnmond County Code
Adopted March 18. 1991
(2) Nonprofit applicant. An agent for a nonprofit organization
may apply for a single event license whether or not he/she possesses a license
under this chapter.
(3) 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 the Richmond County, the City of Augusta, or Augusta-Richmond County Director
of License & Inspecting. 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 AJcohol Beverage Location by Riverwalk Augusta, nor shall
the above provisions regarding advertisement apply to events held by non-profit
organizations.
)
(4) Form; information to be provided. Application for a single
event license must be made in writing as provided in 9 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 or alcohol treatment center shall be stated on
the application.
(5) Date due; fee. The application for a license hereunder shall
be made at least one (1) month prior to the date of the scheduled event and in
sufficient time to allow for advertisement, as required herein. . A regulatory
fee of twenty-five. dollars ($25.00) per day of the event shall be paid by
certified check, cashier's check or money order made payable to the Augusta-
Richmond Commission.
(6) Occasional, single event. The event for which the
occasional, single event license is sought 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) (3) above.
(7) 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.
(8) 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
grour~ds :
)
6-42
.'
Augusta.Richmond County Code
Adopted ~rcn 18. 1997
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 ~~ 6-2-61, 6-2-62 and/or 6-2-63.
e. There is evidence from this or other jurisdictions that
the activities planned for the event would be in violation of state or county or
city law, or, when combined with consumption of alcoholic beverages, may cause
a danger to the safety of the attendants or the public.
( 9 ) Procedures.
a. The Director of License & Inspection 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'sprovidin~ 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 License & Inspection Department for issuance of
the Single Event License.
b. The Director of License & Inspection shall thereafter
submit the application to the Chairman-Mayor of Augusta-Richmond County, together
with a written report showing why the' license should be granted or denied. The
Chairman-Mayor of Augusta-Richmond County shall consider the application and the
report of the Sheriff and shall grant or deny the license. If the license is
granted, the application shall be returned to the Director of License '&
Inspection showing that the license was granted. The Director of License &
Inspection shall issue the license. The license shall be valid'for the location,
date (s) .and time (s) specified therein only. The Chairman-Mayor of Augusta-
Richmond County may impose such additional restrictions and conditions on the
license as deemed necessary, for the safety of the attendants or the public.
c. If the Sheriff denies the application, he shall return
the application to the Director of License & Inspection together with a report
in writing showing the reason(s) for the denial. The Director of License &
Inspection shall promptly notify the applicant in writing of the reason(s) for
the denial.
(10) 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 ~
6-2-74 herein and shall decide to uphold or reverse the decision of the Chairman-
Mayor of Augusta-Rich~ond County.
6-43
)
)
~ 6-2-78.--6-2-100.
RESERVED.
Augusta.Richmond County Code
Adop<~ March 18, 1991
6-44
AugustA-Richmond County Code
Adopted Maren 18. 1997
ARTICLE 3
EXCISE TAX
MALT BEVERAGES I WHISKEY I WINE
!i 6-2-101.
LEVY; SCHEDULE.
(a) Mal t beverages. There is hereby levied and imposed upon all
wholesale dealers selling malt beverages within Augusta-Richmond County, a
specific excise tax in the amount of 0.4166 cents per ounce of malt beverage sold
by each wholesale dealer within Augusta-Richmond County; provided, however, the
Coliseum Authority shall not receive a greater percentage of the total excise tax
collected that such Coliseum Authority collected for the City of Augusta and
Richmond County combined, prior to the consolidation of the City and County. A
schedule of the excise tax is as follows:
48 seven-ounce containers
48 eight-ounce containers
24 twelve-ounce containers
24 fourteen-ounce containers
24 sixteen-ounce containers
12 quart containers
Quarter-barrel container
Half-barrel container
$ 1.40
1.60
1.20
1.40
1. 60
1.60
3.00
6.00
(b) Whiskey and wine. There is hereby levied and imposed upon all
wholesale dealers selling whiskey and wine within Augusta-Richmond County a
specific excise tax in the amount of eighty cents ($0.80) per gallon of whiskey
and eighty cents ($0.80) per gallon of wine sold by each wholesale dealer within
Augusta-Richmond County.
!i 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.
!i 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 License & Inspection
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 wholesale dealer shall also remit to the License &
Inspection Department, on the tenth day 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 License &
Inspection 'Department to verify compliance with this section. Wholesale dealers
of whiskey and wine shall file this report by the twentieth day of each month.
6-45
Augusta-Rlcnmond County Code
Adopted Harcn 18. 199'
S 6-2-104.
COLLECTION FEE DISCOUNT; PENALTIES FOR NONPAYMENT.
Each wholesale dealer of whiskey or wine shall be allowed to deduct two and
one-half (2 1/2%) 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 succeedin~ 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 twenty-five (25) percent of the amount of remittance which
would be required under an accurate and truthful report.
S 6-2-105.
APPROPRIATION OF BEER EXCISE TAX REVENUE TO COLISEUM AUTHORITY.
)
All proceeds from the beer excise tax imposed by this article as shown on
the following schedule are hereby appropriated to the Augusta-Richmond County
Coliseum Authority for the construction of a civic center and/or coliseum, and
the proceeds from the beer excise tax shall be delivered to the authority within
thirty (30) days after the date the beer excise tax imposed by this article is
due; provided, however, the Coliseum Authority shall not receive a greater
percentage of the total excise tax collected that such Coliseum Authority
collected for the City of Augusta and Richmond County combined, prior to the
consolidation of the City and County. A schedule of the excise tax appropriated
to the Augusta-Richmond County Coliseum Authority is as follows:
Excise Tax
Containers
Excise Tax
Collected
Appropriated
for Authority
48 seven-ounce containers
48 eight-ounce containers
24 twelve-ounce containers
24 fourteen-ounce containers
24 sixteen-ounce containers
12 quart containers
Quarter-barrel containers
Half-barrel containers
$ 1. 40
1. 60
1.20
1. 40
1. 60
1.60
3.00
6.00
, $ 0.78
0.98
0.58
0.66
0.74
0.74
1. 75
3.50
The proceeds may be expended by the authority for cost of all necessary
planning, site and feasibility studies, cost of construction, cost of all lands,
properties, rights, easements and franchises acquired, the cost of all machinery
and equipment, financing charges, interest prior to and during construction, cost
of engineering, architectural and legal expenses, and other expenses necessary
or incident to the construction of a civic center and/or coliseum.
S 6-2-106.--6-2-115. RESERVED.
)
6-46
'j
_' ~t
Augusta.Rlchmond County Code
Adopted Harch 18. 1997
ARTICLE 4
, Ml:XED DR:INXS
i 6-2-116.
DEFINITIONS.
The following words, terms and phrases shall, for the purpose of this
article, be defined as follows:
(a) Alcoholic beverage. Arty 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, f'irm, 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)
premises,
Drink. Any alcoholic beverage served for consumption on the
which mayor may not be diluted by any other liquid.
(f) Purchase price. The consideration re'ceived 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.
(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 License & Inspection. That person named as director
of the Richmond County License & Inspection Department, the City of Augusta
Business License and Enforcement Department, the City Sheriff or the successor
to such departments, or any designated representative thereof.
i 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.
6-47
Auqusta-Rlchmond County Cod~
Adopted March 18. 1997
~ 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.
!i 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 License & Inspection to
facilitate the collection of this tax.
!i 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 License & Inspection of
Augusta-Richmond County monthly on or before the twentieth day of every month
next succeeding each respective monthly period, as set forth in ~ ~ 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 License &
Inspection 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 License & Inspection.
(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 License & Inspection 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 aa 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.
!i 6-2-121.
DEFICIENCY DETERMINATIONS.
(a) Recomputation of taXi authority to make; basis of recomputation.
If the Director of License & Inspection 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 compute and determine the amount required
)
6-48
Augusta-Richmond County Code
Adopted Harcn 18. 1997
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 License & Inspection 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 (20)
percent of the amount of such deficiency shall be added thereto.
(e) Penal ty 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 License & Inspection's detennination; service
of. The Director of License & Inspection, 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 License & Inspection.
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. detennination 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.
~ 6 - 2 -122 .
DETERMINATION IF NO RETURN MADE.
(a) Es tima te of gross receipts. If any licensee fails to make a
return, the Director of License & Inspection 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 License & Inspection. Upon
the basis of this estimate, the Director of License & Inspection 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)
6-49
AuguSta-Richmond County Code
Adopted March IS. 1997
period,
(b) Manner of computation; offsets; interest. In making a
determination under this section, the Director of License & Inspection 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 ~ 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) perce~t penalty provided in ~ 6-2-121(d).
(e) Giving of notice; manner of service. Promptly after making his
determination, the Director of License & Inspection 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.
~ 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 ~ 6-2-121(b).
~ 6-2-124.
COLLECTION OF TAX.
'(a) Security, Director of License & Inspection may exact; amount,; sale
of; notice of sale, return of surplus. The Director of License & Inspection,
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 tixed 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 License & Inspection 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 License
& Inspection. Upon any sale, any surplus above the amounts due shall be returned
to the person who deposited the security.
)
6-50
AuguSta.Rlcnmond County COd~
Adopted March 18. 1997
(b) Nocice of delinquency Co 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
Licen~e & Inspection 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 License & Inspection 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 wi thhold t:axfrom
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 License & Inspection 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 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 License & Inspection shall either issue the certificate or mail
,notice to the purchaser at his address as it appears on the records of the
Director of License & Inspection 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, penal ty 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
Richmond County, the City of Augusta, or Augusta-Richmond County under this
Ordinance, it may be offset as provided in ~ 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 License & Inspection
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
6-51
Augusta-Rlchmond County Code
Adopted Haren 18, 199'7'
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.
~ 6 - 2 -125 .
ADMINISTRATION OF ARTICLE.
(a) Authority of Director of License & Inspection. The Director of
License & Inspection 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 License & Inspection 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.; for.m. 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 License & Inspection may require.
.J
(d) Examination of records; audits. The Director of License &
Inspection, internal 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.
(e) Authority to require reports; contents. In administration of the
provisions of this article, the Director of License & Inspection 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 License & Inspection 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 License & Inspection may require.
(f) Disclosure of business of operators, etc.; limitations on rule.
The Director of License & Inspection 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.
)
6-52
Auguata.Ricnmand County Code
Adopted ~reh 18, 199'
5 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.
5 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.
6-53
Augusta-Rlcrunond County Code-
Adopt.ed "'arcn lB. 1991
CHAPTER 3
BUSINESSES AND OCCOPATIONS--GENERALLY
ARTICLE 1
ELECTRICAL UTILITIES
!i 6-3-1-
ENGINEER.
COMPLIANCE WITH ARTICLE; AUTHORITY OF AUGUSTA-RICHMOND COUNTY
The installation of electrical w~r~g and fixtures in 'and over the streets
of Augusta-Richmond County and other property owned by the Augusta-Richmond
County Commission or other public bodies shall be in accordance with this Chapter
and subj ect to the supervision and approval of the Augusta-Richmond County
engineer; except, that installation of electrical wiring and fixtures in
buildings owned by the Commission and other public bodies shall be subject to the
inspection and approval of the Augusta-Richmond County engineer.
!i 6-3-2.
PLACING DIFFERENT LINES UPON SAME POLE.
All telegraph, telephone, communication and electric light an power lines
established, or to be established, shall be subject to the authority and right
of the Commission to permit other lines to be placed on the same pole; but this
shall be done only under the supervision of the Augusta-Richmond County engineer.
)
!i 6-3-3. ALLOCATION OF WIRE ZONES UPON POLES; ZONES RESERVED FOR FREE USE
OF AUGUSTA-RICHMOND COUNTY.
On any pole of any electric light, power, telephone or telegraph company
used jointly by two (2) or more such companies, each company shall be allotted
a special ione and shall confine its wires to that zone. Spaces shall be
measured from the tops of poles downward, and the upmost zone on every pole shall
be at all times reserved for the free use of Augusta-Richmond County wires.
!i 6-3-4.
LOCATION OF POLES RELATrvB TO SIDEWALKS, ETC.
On streets where curbstones are set, all posts or poles shall be erected
in the sidewalk within and adjoining the curbstones and where there are no
curbstones the posts or poles shall be erected so as not to interfere with the
gutters or side drains. No posts or poles shall be erected within ten (10) feet
of any hydrant, nor so as to inte~fere with any water~pipe, shade tree, driveway
or intersection of streets, or fire or police alarm. When sidewalks are extended
or altered by Augusta-Richmond County authorities, posts or poles shall be
adjusted to conform thereto.
!i 6-3-5.
PERMITS FOR MAKING EXCAVATIONS FOR POLES.
No excavation or hole shall be made in any street, alley or public place
for the purpose of erecting poles or fixtures for supporting telephone,
telegraph, communication, burglar alarm, electric light or power circuits without
first obtaining a permit issued by the Augusta-Richmond County engineer.
!i 6-3-6.
SPECIFICATIONS AND GENERAL REQUIREMENTS FOR POLES.
All poles for tel~raph, telephone, communication and electric lines shall
be straight and properly trimmed; and those of each line shall be of uniform
6-54
ORDINANCE NO. ...1) 9 4., I
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY CODE
SECTION 6-2-52 (a); TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICh~OND COUNTY COMMISSION, and
it is hereby ordained by authority of same as ,follows:
Section 1.
The Augusta-Richmond County Code ~ 6-2-52 is
hereby amended by striking Subsection (al thereof in its entirety,
and substituting in lieu thereof the following, to-wit:
~ 6-2-52. LICENSE FOR EATING ESTABLISHMENT;
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 and dining
room equipment and a seating capacity of at least forty
(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 tc qualify as an eating
establishment under this section, such establishment must
derive at least fifty (50%) per cent of its total annual
gross food and beverage sales from the sale of prepared
meals and fooes. The Director of License & Inspection,
upon
receiving
an
application
from
an
eating
establishment to sell alcoholic beverages fer 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.
Section 2. This ordinance shall become effective immediately
upon adoption.
Section 3.
All ordinances, or parts of ordinances, in
conflict herewith are hereby repealed.
Duly adopted by the Augusta-Richmond County Commission this
7th
day of
Oetoher
, 1997.
ATT~j~
Cle' /.
&'
llIiI \lllClIlIItft ,..re"e II
~1l~it7
First Reading: Septf'mhf'r Hi. 1 qq7
Second Reading: October 7. 1997
JUL-27-1998 113:02
P.02/OS
';
ORDnoufCB NO.
AN ORD%KAHCB TO AMEND SB~IaHB 6-2-59(&)(2),
6-2-62 AlII) 6-2-64 01' DB AUGUSUl-RICllKOBD
COU!l'1'Y CODZ SO AS '1'0 COD'OlUl '1'0 STAn LAW
IlBGARDDJG HB ISSUANCB OJ' LICBHSES FOJt THE
SALI: 01' ALCOHOLIC BEVERAGES: '1'0 PROVIDE AN
EFFBCTIVE DATE; '1'0 Jl2PBAL COJl!'LIC'1'DlG
ORDXHAHCES; AND FOR O'1'KER PURPOSES.
BB n ORDAXJIED BY TO AUGUS'1'A-IlXCBKOltI) COUftY COlDl%8SIOH
AJU) IT IS BDEBY OlU>UJUD BY DB AtrrBORXTY OF SNa: AS FOLLOWS:
Section 1. The Augusta-Richmond County Code, Title 1,
section 6-2-59(a) (2) is hereby deleted in its entirety and the
following substituted therefor:
S 6-2-59. FILING APPLICATION.
(a)' Form; inrormation to be provided.
(2) It is further required that all
applicants for licenses allowing the sale of
liquor shall submit with their applications
personnel statements as to themselves and any
other persons, including without limitation
any designated representative for out-of-
County appli'cants, as may be required by the
Augusta-Richmond County license inspector.
These personnel statements shall be furnished
to
the Augusta-Richmond County
license
inspector upon request and will be required
for both applications for original licenses
and renewals of existing licenses.
1
.JlJL-27-1998 10: 03
P.03/05
Section 2. The Augusta-Richmond County Code, Title 1,
section 6-2-62 is hereby deleted in its entirety and the following
substituted therefor:
5 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. An applicant who is not a
resident of Richmond county, Geor9"ia may be
issued a license only upon designating a
resident of Richmond county, Georgia who shall
be responsible for any matter relating to the
license. Where an applicant is other than a
natural person, it must be an entity organized
and existing under the laws of the Uni tad
States or one of its states, an agent of the
entity must meet the qualifications of the
preceding sentences.
Section 3. The Augusta-Richmond County Code, Title 1,
Section 6-2-64 (b) is hereby deleted in its entirety and the
following substituted therefor~
S 6-2-64. SAME -- LOCATION RESTRICTIONS.
(b) Proximity to churches, libraries,
schools, and public recreation areas. No
2
~
. '
.1UL-27-1998 113:03
P.04/05
.
original license shall be issued hereunder
~here the place of business of the licensee is
located within the following distances of the
following establishments:
(1) Church or library builcUngs, or
public recreation areas:
Whiskey
Malt Beverage
Wine
.100 yards
100 yards
100 yards
(2) School building or school
grounds:
Whiskey
Malt Beverage
Wine
200 yards
100 yards
100 yards
The schools or colleges referred to
herein shall include only such state, county,
ci ty , church or other schools as teach the
SUbjects commonly taught in the common SChools
and colleges in this state and which are
public schools or private schools as defined
in subsection Cb) of O.C.G.A. S 20-2-690, and
shall not include private schools or colleges
within which only specialized sUbjec~s such as
law,
stenoqraphy,
business,
music:,
art,
medicine, dentistry, vocational occupations
and other special Subjects are taught.
3
,"
JUL-27-1998 10:03
e.
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adoption.
P. 05,/05
Section 4. This ordinance shall become effective upon
conflict with this ordinance are hereby repealed.
Section S.
Ail ordinances or parts of ordinances in
Duly adopted this
day of
day of
1998 and this
, 1998.
Mayor
ATTEST
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4
TOTAL P.05
.
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ORDINANCE NO. 6149
AN ORDINANCE TO AMEND TITLE 6, SECTION 6-2-77 (a)
(9) b., OF THE AUGUSTA-RICHMOND COUNTY CODE SO
AS TO REVISE THE METHOD OF APPROVAL. FOR
SPECIAL EVENT ALCOHOL LICENSES FOR NON-PROFIT
ORGANIZA nONS; TO MAKE EDITORIAL REVISIONS; TO
PROVIDE AN EFFECTIVE DATE; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta-Richmond County Code, Title 6, is hereby amended by
deleting Section 6-2-77 (a) (9) b. in its entirety, which provides as follows:
b. The Director of License & Inspection shall thereafter submit the
application to the Chairman-Mayor of Augusta-Richmond County, together with a
written report showing why the license should be granted or denied. The Chairman~
Mayor of Augusta-Richmond County shall consider the application and the report of
the Sheriff and shall grant or deny the license. If the license is granted. the
application shall be returned to the Director of License & Inspection showing that the
license was granted. The Director of License & Inspection shall issue the license.
The license shall be valid for the location, date(s) and time(s) specified therein only.
The Chairman-Mayor of Augusta-Richmond County may impose such additional
restrictions and conditions on the license as deemed necessary for the safety of the
attendants or the public.
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and substituting therefor the following:
b. For such applications from applicants other than non-profit
organizations, the Director of License & Inspection shall thereafter submit the
application of the Mayor of Augusta, together with a written report showing why the
license should be granted or denied. The Mayor of Augusta shall consider the
application and the report of the Sheriff and shall grant or deny the license. If the
license is granted, the application shall be returned to the Director of License &
Inspection showing that the license was granted. The Director of License &
Inspection shall issue the license. The license shall be valid for the location, date(s)
and time(s) specified therein only. The Mayor of Augusta may impose such
additional restrictions and conditions on the license as deemed necessary for the
safety of the attendants or the public.
The above provisions regarding submission of applications to the Mayor
shall not apply to events held by non-profit organizations.
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
Duly adopted this 16
Apt il
,1999.
, 1999, and on this 6th
day of
ATTEST~
rhM/AJ
ef.'t!~ ,Clerk
\
~~ Bob Young, M
~"