HomeMy WebLinkAboutORD 7047 AMEND CITY CODE FOR A HARDSHIP APPLICATION ALCOHOLIC LICENSE
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David S. Copenhaver.L '
As its Mayor -jOMA ..Il--'rrU
ORDINANCE NO. 7047
AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE
SIX, SECTION ~6-2-76 RELATING TO LICENSE AND BUSINESS REGULATIONS;
TO ESTABLISH PROVISIONS FOR A HARDSHIP APPLICATION FOR AN
ALCOHOLIC BEVERAGE LISCENSE; TO REPEAL ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE
AND FOR OTHER PURPOSES.
WHEREAS, The Augusta-Richmond County Code provides for restrictions for applications for
alcoholic beverage licenses in relation to distance and time;
WHEREAS, The Code restrictions state a license cannot be issued to an applicant to a location
that is one and one half miles or less from a current establishment which holds a license;
WHEREAS, The Augusta-Richmond County Commission understands that a license can be
surrendered due to circumstances beyond the control ofthe license holder when trying to relocate
due to no fault of their own;
WHEREAS, based on the foregoing, the Honorable Jerry Brigham, Commissioner, recommends
the designation of hardship provisions and authorizing transfer of an existing alcoholic beverage
license under limited circumstances to the Augusta-Richmond County Commission.
THE AUGUSTA-RICHMOND COUNTY COMMISSION ordains as
follows:
SECTION 1. Augusta Richmond-County Code Section 6-2-76 as set forth in Ordinance No.
~906, enacted March 18, 1997, is hereby amended by striking subsection (a) relating to
prerequIsites; and prohibition against distances between retail establishments for distilled spirits
and inserting in lieu thereof subsections (a) and (a)(1) restated as set forth in "Exhibit A" hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this iP- day of
'h1 ~/:' 2008.
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CERTIFICATION
Seal:
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
, 2008 and that such Ordinance have not been modified or rescinded as of
the date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: May 1 '). ?OOR
lls:t: i-'ead'{ii.'g; 4'2:1'5508 ?O(Y\
Exhibit A
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See. 6 2 76. DistaBee henneB loeatioBs of lieeBsees.
(a) No retail dealer license (Class F) for the sale of distilled spirits shall be issued to any
applicant '.'.'hose proposed location is one and one half (11/2) miles or less from an existing
locatioB or establishmeBt for which the RichmoBd County Board of Commissioners, the City
Council of Augusta or the 1^~1:lgusta Richmond County Commission has issl:led a retail dealer
license for the sale of distilled spirits.
(0) The distances provided for herein shall be measured iB the same manner as provided in
seetioB () 2 ()3(d) ofthis Ordinance.
Section 6-2-76
(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.
(1) The Augusta-Richmond County Commission will consider an application
for a proposed location for an alcoholic beverage license within the one and a half
mile restriction as provided in section (a). Such application would be one of
hardship by where the license holder loses its license due to a cancellation of its
commercial lease due to circumstances beyond their control. Such circumstances
include, but are not limited to, cancellation of the license holder's commercial
lease by landlord, condemnation and destruction of the property A cancellation
of a lease due to nonpayment of rent will not be considered for the hardship
application.
(b) The distances provided for herein shall be measured in the same manner as provided in
section 6-2-64(d) of this Ordinance.