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HomeMy WebLinkAboutORD 7608 APPROVE AMENDMENTS TO THE AUGUSTA, GEORGIA CODE TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES ORDINANCE NO. -1(fi D g AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, SECTION 6-2-5, SECTION 6-2-7, SECTION 6-2-14, SECTION 6-2-19, SECTION 6-2-26, SECTION 6-2-51, SECTION 6-2-53, AND SECTION 6-2-67; SO AS TO PROVIDE ADDITIONAL DFINITIONS, DESIGNATE ADDITIONAL PUBLIC AREA, PROVIDE FOR REPORTING REQUIREMENTS TO THE DEPARTMENT OF REVENUE, HOURS OF SALE, CLARIFYING MINIMUM AGE REQUIREMENT FOR EMPLOYMENT, ADDING ALCOHOL LICENSE CLASSIFICATIONS, ADDING LICENSING REQUIREMENTS FOR BREWERIES AND DISTILLERIES, AND ADDING LICENSING FEES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO WAIVE THE SECOND READING; 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 ALL ALCOHOL LICENSEES WITHIN THE JURISDICTION SHALL COMPLY WITH THE A PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. Title 6,Chapter 2,Article 1,ALCOHOLIC BEVERAGES, Section 6-2-2,is hereby amended by deleting this section in its entirety, AND new Section 6-2-2 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 2. Title 6,Chapter 2,Article 1,ALCOHOLIC BEVERAGES, Section 6-2-5,is hereby amended by deleting this section in its entirety, AND new Section 6-2-5 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 3. Title 6,Chapter 2,Article 1,ALCOHOLIC BEVERAGES, Section 6-2-7,is hereby amended by deleting this section in its entirety, AND new Section 6-2-7 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 4. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-14, is hereby amended by deleting this section in its entirety,AND new Section 6-2-14 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 5. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-19, is hereby amended by deleting this section in its entirety,AND new Section 6-2-19 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 6. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-26, is hereby amended by deleting this section in its entirety,AND new Section 6-2-26 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 7. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-51, is hereby amended by deleting this section in its entirety,AND new Section 6-2-51 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 8. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-53, is hereby amended by deleting this section in its entirety,AND new Section 6-2-53 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 9. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Section 6-2-67, is hereby amended by deleting this section in its entirety,AND new Section 6-2-67 is hereby inserted to replace the repealed section as set forth in"Exhibit A"hereto. SECTION 10. This ordinance shall become upon adoption. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this \ day of MQ , 2018. V S4 j CA f.-- ----Th r i,, 7,,Iiri, „„r.,• / 1 Attest: LF—. ' ` rat6 ?�fi..�:A Hardie Davis, Jr. Lena J. f c1$i ks its Mayor S rl ° 4, *gym x 1 4 I//g sN /( t St. %� a,�0 vs y i '' f 46 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on , 2018 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: WAIVE SECOND READING "EXHIBIT A" Chapter 2 ALCOHOLIC BEVERAGES ARTICLE 1 IN GENERAL Sec. 6-2-2.Definitions. The following are definitions of terms as used in this Chapter: (a)Alcohol. Ethyl alcohol,hydrated oxide of ethyl,or spirits of wine, from whatever source or by whatever process produced. (b)Alcoholic beverage. Alcoholic beverage includes all drinks or beverages containing alcohol, including,but not limited to, distilled spirits,beer, malt beverage,wine or fortified wine. (c) Alcoholic Treatment Center: Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics and any other hospital or facility within the State of Georgia approved for such purpose by the department,including the buildings and the surrounding property or campus directly incorporated into such use. (d)Bar/Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables. (e)Bccr. • • - - •- . .. .•- . -- _ _ - - •- • , ' • , -= , - • • . .. •.. _o (e)Beer.Malt beverage obtained by the fermentation of any infusion or decoction of barley,malt,hops, or any other similar product,or any combination of such products in water containing not more than fourteen percent(14%)Alcohol by volume and including ale,porter,brown,stout, lager beer,and strong beer.This term does not include sake,known as Japanese rice wine. (f)Brewery shall mean a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. Such use must be connected to public water and sewer. (g)Brewpub shall mean a restaurant that produces a limited quantity of an alcoholic malt beverage for on- site consumption with incidental sales to the public as carryout and is consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol licenses for eating establishments. Such use must be connected to public water and sewer. (h) Caterer-Licensed alcoholic beverage caterer. Any retail dealer who has been licensed by Augusta, Georgia pursuant to this chapter and pursuant to Georgia law. (i)Church:A permanent building owned and operated exclusively by a religious organization and publicly designated a church where persons regularly assemble for religious worship. The minimum distance requirements from church buildings shall not apply to space in a shopping center or residences also used for religious purposes. (j) Dinner theater: An established place of business that is defined as a restaurant as in section 6-2-2(u) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal. (k) Director of Planning and Development. The person named as director of the Augusta Planning and Development Department,or any designated representative thereof. (1)Distillery shall Inean a large or industrial scale manufacturer of alcoholic distilled spirits for the purpose of wholesale distribution.Snob use must be connected to public water and sewer. (m)Distributor shall mean the manufacturer's direct point of contact for prospective buyers of certain products. (n) Drinking alcohol on city streets prohibited. Except as provided in paragraph (1) below, it shall be unlawful for any licensed establishment to dispense any alcoholic beverage in an open container for removal from the premises, and it shall be unlawful for any person to remove from an alcoholic beverage establishment any open container of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open container or to possess in any open container any alcoholic beverage on the streets, sidewalks,rights-of-way,and parking lots,whether public or private,within the limits of Augusta,Georgia. (1) Outside consumption of alcoholic beverage permitted in certain area; Restaurants(eating establishments)as defined in Section 6-2-52 that have complied with Augusta-Richmond County Code Section 3-8-11 (a)(b) Sidewalk Encroachments, may allow customers to consume an alcoholic beverage at the outside table while dining. (o)Entertainment Venue shall mean an establishment which is licensed to sell alcoholic beverages for consumption on the premises and which derives at least 50 percent of its total annual gross entertainment and beverages sales from the sale of entertainment admission tickets, and shall further mean an entertainment venue meeting criteria for license eligibility provided in section 6-2-52. (p)Fortified Wines shall mean any alcoholic beverage containing more than twenty-one percent(21%) Alcohol by volume made from fruits,berries,or grapes either by natural fermentation or by natural fermentation with brandy added.The term includes,but is not limited to,brandy. (q)Growler. The term growler shall mean a glass or ceramic bottle or jug not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption.Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler and the filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 and they cannot be in the possession or control of retailer selling distilled spirits by the package. (r)Hotel:A building or other structure kept,used,maintained,advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests,such sleeping accommodations being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. (s) Housing Authority Property means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8,the"Housing Authorities Law". (t)Liquor. Distilled spirits,which means any alcoholic beverage obtained by distillation or containing more than 21%alcohol by volume, including but not limited to all fortified wines. (u)Liquor Store shall mean a retail outlet for the purpose of the sale of alcoholic beverages to include beer,wine and spirits. (v)Lounge means a separate room connected with a part of and, adjacent to a restaurant or located in a hotel. (w)Main entrance door/front door means the principal entrance by which access may be obtained to the operational area of a structure. (x)Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (y)Nightclub shall mean an established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business)and which also may provide live entertainment. (z)Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day.(No restaurant component) (aa)Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles(750 ml)per person per day.(No restaurant component) (bb) Off-premises consumption. The sale of alcoholic beverages in unbroken packages for consumption in a location other than the licensed premises. (cc) On premises consumption. The sale of alcoholic beverages by the drink or in broken packages for consumption on the licensed premises. (dd)Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day.(No restaurant component) (ee)Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles(750 ml)per person per day.Such use must be connected to public water and sewer.(No restaurant component) (ff)Premises. One physical identifiable place of business consisting of one room, or two or more contiguous rooms operating under the same trade name where distilled spirits by the drink are sold. On premises outlets which cannot be determine as one identifiable place of business shall require additional licenses regardless of such establishments having the same trade name, ownership, or management; provided nothing herein shall require additional licenses for service bars, or portable bars used exclusively for the purpose of mixing or preparing such drinks when such bars are accessible only to employees of the licensed establishment and from which drinks are prepared to be served in the licensed premises. Premises shall not include common facilities located in a shopping center area. (gg)Package. A bottle,can or other original consumer container. (hh) Private club means any nonprofit corporation or association organized under the laws of this state which: (1)Has been in existence at least one year prior to filing an application for a license; (2)Has at least 75 regular dues-paying members; and (3)Owns,hires or leases a building or space within a building for the reasonable use of its members, which building or space: a. Has suitable kitchen and dining room space and equipment; b.Is staffed with a sufficient number of employees for cooking,preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1,as amended from time to time. (ii)Restaurant: An established place of business: (1)Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business; (2)Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises and a seating capacity of at least 40 people; (3)Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises; (4)Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises; (5)Which serves food during all hours of operation. (6)Not withstanding any other criterion in this section, licensees operating as Hybrid Restaurants may elect to operate as a bar and may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature subject to Section 6-2-52,provided that the licensee obtains a certificate from the Fire Marshall which states the maximum occupancy limits during restaurant operations and the maximum occupancy limit once food service stops and the restaurant functions as a bar, and they meet all of the distance criteria in sections 6-2-64 and the 50 percent food sales criterion of subsection (3)of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign which is visible upon entry to the establishment which shall read "This establishment may charge a cover charge after 9:00 P.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9::00 p.m. as per Section 6-2-2(w)(7) of the Augusta, Georgia Code."and upon initial application with the Planning and Development Department or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a covercharge are required to pay an annual regulatory fee as required is Section 2-1-3 (c)of the Augusta-Richmond County Code. (jj)Retail sale. The sale of alcoholic beverages either in unbroken packages or for consumption on the premises, only to consumers and not for re-sale. (z)- ' ' - - • -. . DELETED (kk) Wine. Any alcoholic beverage containing not more than 21%alcohol by volume, made from fruits,berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to, all sparkling wines,champagnes, combinations of such beverages,vermouths, special natural wines,rectified wines,and like products.The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. (11)Wholesaler shall mean person or firm that buys large quantities of goods from various producers and resells them to retailers. (mm) Wine Tasting as regulated under Georgia State Alcohol regulations Section 560-2-9-.01,and Section 6-2-77 of the Augusta,Georgia Alcohol Ordinance,An application for a Wine Tasting in an establishment with a current Retail Wine License shall be approved by the Director of Planning& Development. (Fees are subject to change/contact the Planning&Development Department for the current fee schedule.) Sec. 6-2-5. Consumption at parks,playgrounds,public streets and public areas owned or operated by Augusta. (a) It shall be unlawful for any person to serve,to consume or offer for the purpose of consumption to anyone else or to be in possession of beer,wine,or any type of intoxicating liquor or beverages, in and on any public park,playground, or building thereon,or other public area, owned or operated by Augusta, at any time whatsoever, with the exception of Julian Smith Casino,Julian Smith Park Barbecue Pit, Fleming Park Community Center,Reynolds Park,Jamestown Community Center, Hephzibah Community Center and McBean Community Center,May Park, Brigham Center, Savannah Place, Warren Road Community Center,New Savannah Bluff Lock&Dam Recreation Area, Gracewood Community Center,McDuffie Wood,Diamond Lakes Community Center,Bernie Ward Community Center, Blythe Area Recreation Center,The Boathouse, Old Government House,Minnick Park,Augusta Municipal Golf Course,Eastview Park and Doughty Park, Sandhills Recreation Center,Augusta Common, 8th Street Plaza,Augusta Canal National Heritage Area,Daniel Field Airport or any other recreational facility or property owned, controlled, or maintained by Augusta, except in accordance with subsection(b), (c), (d) and(e)below, or otherwise provided by the Augusta-Richmond County Code or Georgia law. (b) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia, and the Director of the Recreation Department,when alcoholic beverages are served or consumed at Julian Smith Casino,Julian Smith Park Barbecue Pit,Fleming Park Community Center, Reynolds Park, Jamestown Community Center,Hephzibah Community Center and McBean Community Center, May Park, Brigham Center, Savannah Place,Warren Road Community Center,New Savannah Bluff Lock&Dam Recreation Area, Gracewood Community Center,McDuffie Wood, Diamond Lakes Community Center,Bernie Ward Community Center,Blythe Area Recreation Center, The Boathouse, Old Government House,Minnick Park,Augusta Municipal Golf Course,Eastview Park and Doughty Park, Sandhills Recreation Center, Augusta Common, 8th Street Plaza, or any other recreational facility or property owned, controlled,or maintained by Augusta. (c) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Director of Riverwalk,when alcoholic beverages are served or consumed at Augusta Common or the 8th Street Plaza. (d) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Augusta Canal Authority when alcoholic beverages are served or consumed at Augusta Canal National Heritage Area. (e) Prior written approval must be obtained from the Sheriff of Richmond County, Georgia and the Daniel Field General Aviation Commission when alcoholic beverages are served or consumed at Daniel Field. (f) It shall be unlawful for any person to serve,to consume or offer for the purpose of consumption to anyone else or to be in possession of beer,wine, or any type of intoxicating liquor or beverages, in an open container, cup,or glass, on any public street, sidewalk,alley, or other public area, owned or operated by Augusta,at any time whatsoever,except in accordance with subsection(b),(c), (d) and(e)above, or otherwise provided by the Augusta-Richmond County Code or Georgia law. Sec.6-2-7.Notice to Augusta-Richmond County and Georgia Department of Revenue of Revenue of disciplinary action against licensee. (a) Disciplinary action as used herein means any action taken by any municipal, county, state, or federal agency against the licensee,his employees, or his place of business, including,but not limited to: (1) Arrest by local, state,or federal authorities of the licensee or of any of his employees. (2) Citations issued by local, state,or federal authorities,to the licensee or any of his employees. (3) Indictments, presentments,or accusations in any local, state, or federal courts against the licensee or any of his employees. (4) Conviction of,or penalties imposed pursuant to a plea of nolo contendere or non-vult against, the licensee or any of his employees in any local, state,or federal court. (5) Penalties imposed by any regulatory agency against the licensee or any of his employees. (6) Any other written charges or reprimands by local, state, or federal authorities. (b) Any licensee who has any disciplinary action taken against him or his employees by any authority, either municipal, county, state or federal, shall notify the Augusta-Richmond County Commission in writing within forty-eight(48)hours of such action, and of the disposition of any charges or the time and place where such charges will be heard.Any licensee who fails to so notify the Commission within the prescribed time may be cited before the Commission to show cause why his license shall not be suspended or revoked.Notice shall be sent to the Commission,do Director of Planning and Development,P.O. Box 9270,Augusta,Georgia 30906. (c)Reporting requirements for Alcohol Licensees and Municipal Governments. (1)Within 45 days of any disciplinary action,the licensee shall notify the Department of Revenue of the details of such disciplinary action, including the date such action was taken,the nature of such action, and any other information required by the Department of Revenue. (2)The State Revenue Commissioner may impose a fine not to exceed$750.00 for each instance of non-reporting.;A second or subsequent instance of non-reporting which occurs within three years from the date of the firstviolation may constitute grounds for the suspension,revocation, or cancellation of such person's license. (3)The Planning&Development Department shall report any disciplinary action to the Depai intent of Revenue within 45 days of any officer,department,or agency taking such disciplinary action. Sec. 6-2-14.Hours of sale. (a) Generally. Any and all holders of licenses under the authority of this Ordinance shall observe the following schedule of hours of operation,which shall be determined by Eastern Standard Time or daylight savings time,whichever is in effect: (1)Holders of Class A, C,E,G H,I,J,K,L,M,and N licenses(on-premises consumption of Beer,Wine and Liquor,Brewpubs,Brewery,Micro Brewery,Nano Brewery,Pico Brewery, Distillery,Nano Distillery,and Pico Distillery)shall not open for business earlier than 8:00 a.m. Monday through Friday and may serve any authorized alcoholic beverage until 2:30 a.m. on the next following day; provided, further that said premises shall be vacated of all persons, including employees,by no later than 3:00 a.m. On Saturday,consumption on-premises license holders shall not open for business earlier than 8:00 a.m. and may serve authorized alcoholic beverages until 11:55 p.m. on Saturdays and the two(2)hours immediately following such time;provided, further,that said premises shall be vacated of all persons, including employees,by no later than 2:30 a.m. on Sunday. 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 3:00 a.m. Tuesday through Saturday and 2:30 a.m. Sunday, and the inventory of alcoholic beverages must be secured as described in section 6-2-17 of this Ordinance. (2) Holders of a Class F license(off-premises consumption of liquor) shall not open for business earlier than 8:00 a.m. Monday through Saturday and may remain open for business until 11:45 p.m. Monday through Saturday. Holders of a Class F license(off-premises consumption of liquor)shall not open for business earlier than 12:30 p.m. on Sunday and may remain open for business until 11:30 p.m. on Sunday. (3)Holders of Class B and D licenses(off-premises consumption of beer and wine)who are not licensed to sell liquor shall be prohibited from selling beer and/or wine only between the hours of 11:45 p.m. Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 6:00 a.m. on the Monday next following. (4)No licensee, employee of such licensee, or any person acting on behalf of such licensee shall furnish, or give beverage alcohol to any person on any day or at any time when the sale of same is prohibited by law. Sec.6-2-19.Furnishing to minors-Prohibited. (a) Except as otherwise authorized by law: (1)No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under twenty-one(21)years of age; (2)No person under twenty-one(21)years of age shall purchase or knowingly possess any alcoholic beverage; (3)No person under twenty-one(21)years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; and (4)No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for, or on behalf of, a person under twenty-one(21)years of age. (b)The prohibitions contained in paragraphs(1),(2)and(4)of subsection(a)of this section shall not apply with respect to the sale,purchase or possession of alcoholic beverages for consumption: (1)For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; (2)At a religious ceremony; or (3)In the home of the parent or guardian,with the parent or guardian present. (c)The prohibition contained in paragraph(1)of subsection(a)of this section shall not apply with respect to sale of an alcoholic beverage by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one(21)years of age or older. For purposes of this subsection,the term proper identification means any document issued by a governmental agency containing a description of the person, such person's photograph,or both,and giving such person's date of birth and including,without being limited to,a passport,military identification card, driver's license, or an identification card authorized under 0.C.G.A. Sec. 40-5-100 through Sec. 40-5-104. Proper identification shall not include a birth certificate nor a traffic citation. (d)If such conduct is not otherwise prohibited pursuant to section 6-2-26 nothing contained in this section shall be construed to prohibit any person under twenty-one(21)years of age from: (1)Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishment restaurant as defined in Section 6-2-2. (2)Being employed in any establishment in which alcoholic beverages are distilled or manufactured; (3)Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment restaurant-A§defined in Section 6.2-2. (e)Each retail business establishment in Augusta-Richmond County which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws. (f)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 employ any individual under the age of 21, or 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. Sec. 6-2-26.Employment of persons under eighteen years of age prohibited. (a)In establishments holdinga license permitting the sale of alcoholic beverages for on-premises consumption that do not prohibit individuals under the age of 21 from entering,no person shall allow or require a person in his employment under eighteen(18)years of age to dispense, serve, sell or take orders for any alcoholic beverages. (b)This section shall not prohibit persons under eighteen(18)years of age who are employed in supermarkets,convenience stores,breweries or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises. Sec. 6-2-51.License required. (a)No alcoholic beverage may be sold,possessed for sale, or distributed in Augusta-Richmond County, other than in the City of Hephzibah or the City of Blythe if said municipalities legally authorize same, except under a license granted by the Augusta-Richmond County Commission. (b)Licenses granted hereunder shall fall into one or more of the following classes: (1) Class A: On-premises consumption of beer (2) Class B: Off-premises consumption of beer (3) Class C: On-premises consumption of wine (4) Class D: Off-premises consumption of wine (5) Class E: On-premises consumption of liquor (6) Class F: Off-premises consumption of liquor (7) Class G: Brewery,Manufacturer of Malt Beverages (8) Class H: Brewpub Operator (9) Class I: Micro Brewery (10)Class J:Nano Brewery (11)Class K:Pico Brewery (12)Class L Distillery (13)Class Vl Nano Distillery (14)Class N: Pico Distillery (15) Wholesale Beer (16)Wholesale Wine (17)Wholesale Liquor (18) Sunday Sales Sec. 6-2-53.Licenses for brewpub,brewery,micro brewery,nano brewery and pico brewery; Licenses for distillery,nano distillery,and pico distillery. 1.Licenses for brewpub,brewery,micro brewery,nano brewery and pico brewery; Required. No individual shall be permitted to own or operate a brewery,micro brewery,nano brewery, pico brewery or brewpub without first complying with Zoning regulations,obtaining a proper license from the Augusta-Richmond Countyommission,and paying the Occupation Tax. Each brewery and brewpub license holder shall comply with all other applicable federal, state and local license requirements. A)Brewpub. Any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36, for retail consumption on the premises and solely in draft form.As used herein,the term eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages,or wines and which derives at least fifty percent(50%)of its total annual gross food and beverages sales from the sale of prepared meals or food on premises. (a)A brewpub license authorizes the holder of such license to: i). Manufacture . • - •: : -- - . _ £!! .. - - .__ •• . _. - .. . - • :• : - .• •- - - : : - •- : ---; on the licensed premises not more than 10,000 barrels of malt beverages in a calendar year solely for retail sale. ii). Sell up to a maximum of 5,000 barrels annually of such malt beverages to licensed wholesale dealers. iii). Sell retail up to 64 ounces per person per day of draft beer brewed on site at the brewpub for off premise consumption. iv). Operate an eating establishment, -: •: :_ .- : - _.:• :. : the sale of such beer, and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under licenses issued by the Augusta- Richmond County Commission, including wine,distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and,provided, further,that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (b)Possession of a brewpub license shall not prevent the holder of such license from obtaining : - :• -: . : •: : : ' ' - _ . : : :' - ' • - - an on premise consumption license for liquor,beer and wine for the same premises. (c)A brewpub license does not authorize the holder of such license to sell alcoholic beverages,not produced on the premises,by the package for consumption off the premises. (d) .. : •- . - - . - - : . • . (e)A brewpub licensee shall: i).Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers,retailers,and,where applicable,wholesalers under this title; and ii).Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement taxdetermination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. B)Brewery shall mean,a large or industrial scale manufacturer of alcoholic malt beverages for the purpose of wholesale distribution. The applicant for a brewery license shall Comply with Section 6-2-53(a), (a)A brewery license authorizes the holder of such license to: i).Manufacture on the licensed premises malt beverages for wholesaledistribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b)A brewery licensee shall:. i).Pay all state and local license feesand excise taxes applicable to individuals licensed as manufacturers,retailers,and,where applicable,wholesalers under this title;and ii).Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beeras required by Georgia law and the Ordinances of Augusta-Richmond County. C)Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year. (a)A micro brewery license authorizes the holder of such license to: i).Manufacture on the licensed premises not more than 15,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell upto 288 ouncesperpersonper dayof the malt beverage brewed on site for off- g premise consumption. (b)A micro brewery licensee shall: i).Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers,retailers,and,where applicable,wholesalers under this title;and ii).Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia lawand the Ordinances of Augusta-Richmond County, D)Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year. (a)A'nano brewery license authorizes the holder of such license to: 1).Manufacture on the licensed premises not more than 3,000 barrels of malt beverages in a calendar year for wholesale distribution. ii). Sell malt beverages produced on site for on-premise consumption. iii). Sell up to 288 ounces per person per day of the malt beverage brewed on site for off- premise consumption. (b)A nano brewery licensee shall: i).Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers,retailers,and,where applicable,wholesalers under this title;and ii).Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. B) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of upto : 0 W barrels per year. (a)A pico brewery license authorizes the holder of such license to: i).Manufacture on the licensed premises not more than 500 barrels of malt beverages in a calendar year for wholesaledistribution. ii).Sell malt beverages produced on site for on-premise consumption. iii) Sell up to 288 ounces per person per day of the malt beverage brewed on site for off premise consumption. (b) A pico brewery licensee shall: i). Pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers,retailers,and,where applicable,wholesalers under this title;and ii).Measure beer manufactured on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such beer as required by Georgia law and the Ordinances of Augusta-Richmond County. 2.Licenses for distillery,nano distillery,and pico distillery. Required. No individual shall be permitted to own or operate a distillery,nano distillery or pico distillery without first complying with Zoning regulations,obtaining a proper license from the Augusta-Richmond County Commission,and paying the Occupation Tax. Each distillery,nano distillery or pico distillery license holder shall comply with all other applicable federal, state and local license requirements. A)Distillery shall mean a large or industrial scale manufacturer,of alcoholic distilled spirits for the purpose of wholesale distribution. Such use must be connected to public water and sewer. B)Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year. (a)A nano distillery license authorizes the holder of such license to: i).Manufacture on the licensed premises not more than 500 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii). Sell up to 3 bottles(750 ml)per person per day of the distilled spirits produced on site for off-premise consumption. (b)A nano distillery licensee shall: i). Pay all federal,state and local license fees and excise taxes applicable to individuals licensed ce sed as manufacturers,retailers,and where applicable,wholesalers under this title- , and ii).Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law,Georgia law and the Ordinances of Augusta- Richmond County, C)Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year. (a)A pico distillery license authorizes the holder of such license to: i).Manufacture on the licensed premises not more than 100 barrels of distilled spirits in a calendar year for wholesale distribution. ii). Sell distilled spirits produced on site for on-premise consumption. iii).Sell up to 3 bottles (750 ml)per person per day of the distilled spirits produced on site for off-premise consumption. (b)A pico distillery licensee shall: i).Pay all federal, state and local license fees and excise taxesnapplicable to individuals f, licensed as manufacturers,retailers,and,where applicable,wholesalers under this title; and ii.Measure distilled spirits produced on the premises and otherwise comply with applicable regulations respecting excise and enforcement tax determination of such distilled spirits as required by Federal law,Georgia law and the Ordinances.of Augusta- chniond County. 3.Hours of Sale: On.:Premise Consumption and Off-Premise Consumption See Section 6-2-14 and 6-2-15. Sec.6-2-67.License fee. (a) When due and payable. When a license has been approved and granted,the same shall be paid for by certified check, cashier's check or money order for the full amount of the license fee. (b)Amount.Each applicant shall pay a license fee as set out herein: (Fees are subject to change/contact the Planning&Development Department for the current fee schedule.) Retail and Wholesale: Fee (1)Class A: Consumption on-premises beer $625.00 -$665.00 (2)Class B: Retail beer $665.00 (3)Class C: Consumption on-premises wine $625.00-$665.00 (4)Class D: Retail wine $665.00 (5)Class E: Consumption on-premises liquor $3,115.00- $3,330.00 (6)Class F: Retail liquor $3,330.00 (7)Class G: Brewery,Manufacturer of Malt Beverages $665.00$1,000.00 (8)Class H: Brewpub Operator $6H3-00$1,000.00 (9)Class I:Micro Brewery $1,000.00 (10)Class J.:Nano Brewery $1,000.00 (11)Class K: Pico Brewery $1,000.00 (12)Class L:Distillery $1,500.00 (13)Class M:Nano Distillery $1,500.00 (14)Class N: Pico Distillery $1,500.00 (15)Wholesale liquor $6,050.00 (16)Wholesale beer $665.00 (17)Wholesale wine $135.00 (18) Sunday sales $1,245 -$1,330.00 (19)Alcohol Catering $340.00 $365.00 $365.00(flat fee) (20) Second Alcohol License $625.00-$665.00 Restaurants and Bars(On-premise consumption) Occupancy Load/Fee 1 — 100 101 —200 201 —300 301+ Beer $625 $635 $650 $665 Wine $625 $635 $650 $665 Liquor $3115 $3175 $3235 $3330 Sunday Sales $1245 $1270 $1295 $1330 Ale._Catering $340 $345 $355 $365 Second Alcohol Lic. $625 $635 $650 $665 Sunday Sales Single $250 $275 $300 $325 Event Restaurant and Bars (c)Proration. The full license fee must be paid for a license issued prior to July 1 of the license year. One-half(1/2)of the full license fee shall be paid for a license issued after July 1 of the license year. (d)Refund. In case of the revocation or surrender of such license before the expiration of the calendar year,the holder thereof shall not be entitled to receive any refund whatsoever.