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Home My WebLink AboutORD 6904 ENTERTAINMEHNT VENUES CITY CODE SEC 6-2-19 . . ~~4F1" - )- ORDINANCE NO. 6984 AN ORDINANCE TO AMEND AUGUST A-RICHMOND COUNTY CODE SECTION 6- 2-15 TO ALLOW ALCOHOL SALES ON SUNDAY AT ENTERT AINMENT VENUES; TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-19 (F) SO AS NOT TO PROHIBIT INDIVIDUALS UNDER THE AGE OF 21 FROM BEING IN A QUALIFIED ENTERTAINMENT VENUE; TO AMEND AUGUSTA-RICHMOND COUNTY CODE SECTION 6-2-52 TO DEFINE AN ENTERTAINMENT VENUE AS AN EST ABLISHMENT ELIGIBLE TO SELL ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUST A-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, AS FOLLOWS: Section 1. Augusta-Richmond County Code Section 6-2-15 is hereby amended to include allowing Entertainment Venues to sell alcohol on Sundays, by deleting in its entirety, and substituting in lieu thereof the following, to wit: ) Section 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. Monday, and the inventory of alcoholic beverages must be secured as described in 96-2-17 ofthis Ordinance. For the purpose of this subsection, eating establishment shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least fifty (50) percent of its total annual gross food and beverages sales from the sale of prepared meals or food, and shall further mean a restaurant meeting criteria for license eligibility provided in 96-2-52. 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. The sale of alcoholic beverages is authorizedfor consumption on-premises in entertainment venues as defined herein, on Sundays between the hours of 12:30 p.m. and 11:00 p.m. provided, further that the area where alcoholic beverages are being sold and/or served shall be vacated of all persons, including employees, by no later than 12:00 midnight. No alcoholic beverage shall be alIo-wed to remain on any bars, tables, or be in possession ofpatrons after 12:00 midnight. For the pwpose of this subsection, entertainment venue shall mean an establishment which is licensed to sell alcoholic beveragesfor consumption on the premises and which derives at leastfifty (50) percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shalljitrther mean an entertainment venue meeting criteriafor license eligibility provided in 9 6-2-52. --., .;t . , . Section 2: Augusta-Richmond County Code Section 6-2-19 (f) is hereby amended so as not to prohibit individuals under the age of 21 from being in a qualified entertainment venue, by ) deleting in its entirety, and substituting in lieu thereof the following, to wit: Section 6-2-19(f) FURNISHING TO MINORS -PROHIBITED: 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 individual is accompanied by a parent or legal guardian except as provided herein. This prohibition shall apply regardless of whether or not said establishment on said date or time is operating for the purpose of the sale of alcoholic beverages for on-premises consumption, and regardless of what other type of license or business tax certificate said establishment may have. This section shall not prohibit individuals under the age of 21 from being in a qualified eating establishment or entertainment venue as defined in this Ordinance or attending a special event for which a license for a single event is issued pursuant to this Ordinance, and does not apply to such individuals who are employees of the licensee with assigned duties in the licensed premIses. $~ Section 3: Augusta-Richmond County Code Section 6-2-52 is hereby amended so as to define an entertainment establishment venue as an establishment eligible to sell alcoholic beverages for on- premise consumption, by deleting in its entirety, and substituting in lieu thereof the following, to wit: Section 6-2-52. LICENSE FOR EATING ESTABLISHMENT and ENTERTAINMENT VENUE; A UTHORITY 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 to qualify as an eating establishment under this section, such establishment must derive at least fifty percent (50%) of its total annual gross food and beverage sales from the sales of prepared meals and foods. 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 determine if the applicant is in compliance with the above requirements for arestaurant and shall advise the Commission the determination of his/her inspection. (Ord. # 5961, October 7, 1997) (b) For an entertainment venue to be eligible to sell alcoholic beverages for consumption on the premises; it must have a minimum seating capacity of 200 fixed seats, gfjixed to the floor or attached to each other in rows of at least five seats in each row, in a theatre-like design in front of a stage; and it must be a public place kept, used, maintained, advertised and held out to the public as an entertainment venue. Entertainment shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto, and to qualify as an entertainment venue under this section, such establishment must derive at least jifty 2 ) J Augusta, Georgia By cJ ,-#..~ Mayor / . ) percent (50%) of its total annual gross entertainment and beverage sales from the sales of entertainment admission tickets. The Director of License & Inspection, upon receiving an application from an entertainment venue to sell alcoholic beverages for consumption on the premises, shall inspect the location to determine if the applicant is in compliance with the above requirements for an entertainment venue and shall advise the Commission the determination ofhis/her inspection. (c)Any business operating as an entertainment venue as dejined in this code shall be required to have a Business Tax Certificate. The requirements for obtaining, renewing and maintaining such Certificate shall be governed by the applicable provisions of the Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a Business Tax Certificate issued to any entertainment venue shall be as set forth in 9 2- 1 -3 (c). (d) Upon renewal of an alcoholic beverage license at a premise where an eating establishment or entertainment venue is in operation, verified records of sales of food' or admission tickets as they relate to the total sales of food and beverages or admissions shall be furnished. Verifications must be submitted by both the license holder and the management of the establishment. The Director of License & Inspection may cause an audit of the books of a qualifying eating establishment or entertainment venue to be made at any time. Failure of a licensee which is a qualifying eating establishment or entertainment venue to cooperate in the execution of the audit shall be a violation of this Ordinance. \ J Section 4. This ordinance shall become effective upon its adoption in accordance with applicable laws. Section 5. All.ordinances or parts of ordinances in conflict with this ordinance are repealed. Section 6. The provisions of this Ordinance are severable. If any part of this Ordinance is held to be invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Duly adopted this1 s t daYOfOf;1Ja.T,2006. " .0; ! III \," v d -< Ie, First Reading: (l ~*. ~ Second Readin~ t I. 0)-&:2 t 3