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:
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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,
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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 ~
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