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HomeMy WebLinkAboutORD 7576 AMEND THE AUGUSTA, GA CODE, TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES, NEW SECTION 6-6-48 SPECIAL ENTERTAINMENT PERMIT ORDINANCE NO.1 S1 W AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 6, ARTICLE 3, REGULATED BUSINESSES,NEW SECTION 6-6-48 SPECIAL ENTERTAINMENT PERMIT; SO AS TO PROVIDE REGULATIONS FOR THE REQUIREMENT OF AN OCCUPATION TAX CERTIFICATE, THE PROCESS FOR PERMIT RENEWAL; HOURS OF OPERATION; AND TO PROVIDE PENALTIES FOR VIOLATING THE CODE SECTION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUTA, GEORGIA CODE TO PROVIDE ENTERTAINMENT IN A B-1 NEIGHBORHOOD BUSINESS ZONE WITHOUT HAVING FIRST BEEN GRANTED A SPECIAL EXCEPTION AND SUBSEQUENTLY FOLLOWING THE REGUALATIONS PROVIDED HEREWITH,AS FOLLOWS: SECTION 1. TITLE 6, CHAPTER 6,ARTICLE 3,REGULATED BUSINESSES, IS HEREBY AMENDED TO ADD A NEW SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT, AS SET FORTH IN "EXHIBIT A"HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this 1$day of L k.0 , 2017. ith Attest / � •/ Hardie Davi , . Lepa /e Q r. is`on Loi As its MayorSea 1: � 1. 11, EXHIBIT A SECTION 6-6-48, SPECIAL ENTERTAINMENT PERMIT. Any business located in a B-1 (Neighborhood Business Zone)that will provide entertainment is required to obtain a Special Exception as provided for in the Comprehensive Zoning Ordinance in Section 21—B-1 (Neighborhood Business), and comply with the regulation in this code section for obtaining a Special Entertainment Permit: 1. Occupation Tax Certificate Required: Any business operating as defined 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. 2. Businesses located in a B-1 Zone which elect to provide entertainment are required to pay an annual regulatory fee as required is Section 2-1-3 (c)of the Augusta-Richmond County Code. 3. Terms of Permit.All permits granted hereunder shall be for the calendar year. 4. Renewal of Permit. All permits granted hereunder shall expire on December 31 of each year. Permittees who desire to renew their permits shall file an application therefore, together with the requisite fee with the Planning&Development Department for such renewal,upon forms approved by the Director of Planning&Development,on or before December 15th of each year. 5. All permits to be renewed for the subsequent calendar year shall be submitted by the Planning & Development Department to the Commission for approval no later than November 15th of each year. Any permits that have been place on probatin,suspension or have been revoked by the Commission during the year shall be submitted on a separate list by the Planning&Development Department for review and consideration for approval. 6. Permits are not transferable; exceptions. a. Generally.Permits hereunder shall not be transferable,except as otherwise provided herein. Nothing in this section, however, shall prohibit one (1) or more partners of a partnership holding a permit from withdrawing from the partnership in favor of one(1) or more of the partners who were partners at the time of the issuance of the permit. 7. Hours of operation.Any and all holders of permits under the authority of this ordinance shall observe the following of hours of operation,which shall be determined by Eastern Standard Time or daylight savings time,whichever is in effect: a. The hours for entertainment are 12:30 PM until 11:00 PM Sunday through Thursday, and 12:30 PM until 12:00 midnight Friday and Saturday. 8. Right of suspension by Planning & Development Department. The Planning & Development Department shall have the right to suspend any permit issued under this chapter whenever a person, firm, or corporation doing business shall deviate from the normal operation for which the permit was obtained or fails in performance to meet the required regulations and code as set forth by the Planning & Development Department, Augusta-Richmond County Sheriff's Office, or Augusta- Richmond County Health Department; or violates any law or ordinance or the United States,or the state, or Augusta,Georgia, in pursuance of such business conducted under such permit; or when it shall be proven before the Planning & Development Department that there is a violation of a nuisance law; or when the health, morals, interests and convenience of the public demand the suspension of such permit.The Planning&Development Department shall report the suspension of such permit to the next regular or called meeting of the Commission. The Commission shall determine whether the permit-holder will be suspended,placed on probation,permanently revoked, or otherwise it shall be restored and remain in full force. CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on , 2017 and that such Ordinance has 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: First Reading Sure. 29,20 l 1 Second Reading --IAA/ ` p 2.0\1