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Home My WebLink AboutORD 6250 CITY CODE DOCUMENT NAME: Augusta Richmond GA Ovc/inance DOCUMENTTYPE: 0 vd (nan cc .. ' YEAR: 2-000 BOX NUMBER: g FILE NUMBER: I 4l.P I I NUMBER OF PAGES: 7 u'2- 50 " ..." , . .... ORDINANCE NO. 6250 AN ORDINANCE TO AMEND THE AUGUSTA- RICHMOND COUNTY CODE, TITLE 6, CHAPTER 2, BY ADDING A NEW ARTICLE 5 TO PROVIDE FOR A FOOD CATERER'S LICENSE TO SELL ALCOHOLIC BEVERAGES OFF PREMISES AT CATERED EVENTS; TO ESTABLISH A LICENSE FEE FOR FOOD CATERER'S WHO SELL ALCOHOLIC BEVERAGES OFF PREMISES AT CATERED EVENTS; TO PROVIDE A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; TO REPEAL , CONFLICTING ORDINANCES; AND FOR OTHER I PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code, Tide 6, Chapter 2 is hereby amended by the addition of a new Article 5 to read as follows: ARTICLE 5 SALES OFF PREMISES FOR CATERED FUNCTIONS ~ 6-2-141. DEFINITIONS. As used in this Chapter, the term: (a) "Food caterer" means any person who prepares food for consumption off the premises. (b) "Licensed alcoholic beverage caterer" means any retail dealer who has been licensed by Augusta, Georgia pursuant to this Chapter and pursuant to Georgia law. (c) "Perso~" means any individual, company, corporation, association, partnership, or other legal entity. .., .. c- r. . .... ~ 6-2-142. LICENSED ALCOHOLIC BEVERAGE CATERERS ELIGIBLE FOR OFF-PREMISE LICENSES; APPLICATION FEE. (a) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (b) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (c) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from Augusta an off- premise license which authorizes such licensed alcoholic beverage 2 , .., ,~.,; .. e- ~-:. caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (d) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality in the State of Georgia which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from Augusta an off-premise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (e) An alcoholic beverage caterer shall make application for an off- premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the Augusta- Richmond County Commission through the Director of Licensing and Inspection, and shall pay to Augusta an annual license fee in the amount of$ 300.00. ~ 6-2-143. EVENT PERMITS. In order to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered function in Augusta, a licensed alcoholic beverage caterer shall be required to: (a) Apply to the Augusta-Richmond County Commission through the Director of Licensing and Inspection for an event permit. Augusta shall charge a fee of$25.00 for such event permit except as 3 .- ,. ,. ...-:." ~o; hereinafter provided for one whose alcoholic beverage caterer's license was issued by a political subdivision other than Augusta. The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number. When the catered function is domiciled in Augusta and the alcoholic beverage caterer's license was issued by a political subdivision other than Augusta, Augusta shall charge an event permit fee of$50.00 and levy local excise taxes on the total quantity of alcoholic beverages brought into such political subdivision by the caterer. Applications for event permits should be made to the Director of Licensing and Inspection in accordance with the provisions of this Chapter; and (b) Provide satisfactory reports to Augusta on forms provided by the Department of Licensing and Inspection stating the quantity of any and all alcoholic beverages transported from the licensee's primary premises to the location of the authorized catered function and such other information as required by Augusta; and (c) Maintain original local event permits and documents required by Augusta in the vehicle transporting the alcoholic beverages to the catered function at all times. 4 " . ~~ ~ 6-2-144. VIOLATIONS. (a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this Chapter. This subsection shall not affect any other provisions of this Chapter which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business. (b) It shall be unlawful for a licensed alcoholic beverage caterer licensed under this Chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit. (c) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell (I) distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises. (2) malt beverages or wine in any jurisdiction which does not permit the sale of malt beverages or wine by the drink for consumption only on the premises. (d) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any 5 . ~....' .,- -c: hours in which the sale of alcoholic beverages by the drink for consumption only on the premises is not permitted by Augusta. (e) It shall be unlawful for a licensed alcoholic beverage caterer to employ any person under 21 years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages. It is the intent of this subsection to prevent any person employed by such caterer, or any other employee, to knowingly violate any prohibitions contained in this Code relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age. (f) Nothing in this Chapter shall be construed to authorize the sale of alcoholic beverages by a caterer in any jurisdiction where the sale of distilled spirits by the drink for consumption only on the premises has not been legalized. (g) Any licensee hereunder, or any person employed by licensee or business for which the license was granted, who violates the provisions ofthis Code section shall subject the license of the licensee to suspension or revocation, and the individual shall be subject to trial and conviction of a misdemeanor and shall be punished as provided in S 1- 6-1 of this Code. ~ 6-2-145. SEVERABILITY. If any section, provision, or clause or any part of this Article shall be declared invalid or unconstitutional, or if the provisions of any part of this 6 .' .;:-.' ,.. """"'~. .' .. Article as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Article not so held to be invalid, or the application of this Article to other circumstances not so held to be invalid. It is hereby declared as the intent that this Article would have been adopted had such invalid portion not been included herein. Section 2. That all ordinances and parts of ordinances in conflict with this ordinance shall be hereby repealed. Section 3. This ordinance shall become effective upon its adoption. Duly adopted this 7th day of March 2000. By: Attest: BY#4J~~ 1 st Reading: ~I '/, ..J/)()D 2nd Reading: March 7th 2000 7