Loading...
HomeMy WebLinkAboutORD 5830 ALCOHOL BEVERAGES Augusta Richmond GA DOCUMENT NAME: 0...-1 0,0, lo' 5~3() DOCUMENT TYPE: 0 rei ,. j'W.Jl c--e YEAR: I 09v BOX NUMBER: I FILE NUMBER: J:J. 5 q 7 NUMBER OF PAGES: L-f ~ ORDINANCE NO. S2..,36 AN AMENDMENT TO A JOINT ORDINANCE OF THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY AND THE CITY COUNCIL OF AUGUSTA REGULATING THE SALE, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AUGUSTA-RICHMOND COUNTY; TO REPEAL CONFLICTING PROVISIONS OF THE JOINT ORDINANCE OF THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY AND THE CITY COUNCIL OF AUGUSTA PROVIDING, INTER ALIA, FOR THE LICENSE AND THE REGULATION OF THE SALE, SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION- COUNCIL AND IT IS HEREBY ORDAINED THE AUTHORITY OF SAME AS FOLLOWS: Section 1. Ordinance No. 95-11, adopted by the Board of Commissioners of Richmond County on December 5, 1995, and Ordinance No. ____ adopted by the City Council of Augusta, providing for the licensing and regulation of the sale, service and consumption of alcoholic beverages within Richmond County, is hereby amended by striking Section 1.76 in its entirety, and substituting in lieu thereof the following: S 1.76 LICENSE FOR SINGLE EVENT; OCCASIONAL LICENSE. (a) Application may be made for an occasional, single event license for on-premises consumption of alcoholic beverages as follows: (1) For-profit applicant. If the applicant is an agent for a for-profit business, the applicant must possess a valid license for the sale of alcoholic beverages for on-premises consump- tion under this Ordinance. (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 Ordinance, (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 & Inspec- ting. "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-Council. Advertising in the legal gazette shall be during the thirty-day period prior to the hearing of the application by the Augusta-Richmond County Commission-Council. Before the application is presented to the Augusta-Richmond County Commission-Council, 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 Richmond County, the City of Augusta, or Augusta-Richmond County, Georgia Port Authority, or at a location on Riverwalk which has been designated as an "Alcohol Beverage Location" by Riverwalk Augusta, nor shall the above provisions regarding advertisment 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 section 3.48 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 fee of twenty-five dollars ($25.00) per day of the event for each location shall be paid by certified check, cashier's check or money order made payable to the "Augusta-Richmond Commission-Council." (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 grounds: a. The location or terrain for the proposed event may be hazardous to a person consuming alcoholic beverages. b. The number of anticipated attendants of the event renders the consumption of alcoholic beverages a danger to the safety of the public, i " 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 Ordinance pursuant to sections 1.61, 1.62 and/or 1.63. 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 Sheriff of Richmond County, who shall indicate his approval or disapproval of the application. The Sheriff may condition the approval of such application on the licensee's providing a sufficient number of security personnel for the protection of the public during the event. If approved, the application shall be forwarded back to the License 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-Council Administratorwithin five (5) days of receiving notice of the denial. The Augusta-Richmond County Commission-Council shall hear the evidence and make its determination at its next regularly scheduled meeting. Notice of the next scheduled meeting of the Augusta-Richmond County Commission-Council 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 Augusta-Richmond County Commission-Council shall receive evidence in the manner provided in ~ 1.74 herein and shall decide to uphold or reverse the decision of the Chairman-Mayor of Augusta- Richmond County, Section 2. All ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this ordinance. Section 3. This ordinance shall become effective immediately upon adoption. Adopted this 14 ~ A1;tlyJ~/ __-~~~'~'l!'''(>'' -c~' 1\.l1.;!l1IHO",~~~ - /' '/<J "~ - "-~ 000"000" co' /l" ;~c, ooQe .oCt)o ~.,j';;r~ Ii'! ~ ,," .' "0 ,1" 'I~ ,,, 0 ,cl.." ."' ,,\ A _ " ffi.':7: n ."' '1. ~ ~ " ^ 'c~~Li",\~ ""f, iJ. ~ . i :,~%::::~;~~t~& ~ 0 ~ ~ \Q: ..~. Y~";.~ .' .~~ ~:__ ~ ,,; f'"'l 0 . ...~. ':: () oJ ~ ~ ';. ~ .' -, - -- ~ ::J ~ ~I." EST, "," 1/ ~A .0.... 1996 .e"O p "_ .0.QOO&0.0 # -~~ll; GEORG\"'- ---- \~...~,~~~-