05192003 May 19, 2003 Attachment
May 19. 2003
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A. MAX BACON, MAYOR
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S- SAN D. HIOTT, CITY tLE~
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BILL SCOGGI, 0 3
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WADE S. LNENICKA, WARD 6
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Ordinance 2003-16
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY
REVISING SECTIONS 82-3, 82-9, 82-12, 82-15 AND 82-16, PROVIDING
SPECIFIC REGULATION FOR WINDOW SIGNS AND WIND-ACTUATED
SIGNS, AND REQUIREMENTS MANDATING THE REMOVAL OF SIGNS NOT
IN COMPLIANCE WITH THE SIGN ORDINANCE APPLICABLE TO
DISCONTINUED SIGNS WHEN THE OWNER OR TENANT IS NOT
CHANGED
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Sections 82-3, 82-9, 82-12, 82-15 and 82-16 of the Code of
Ordinances of the City of Smyrna, Georgia, be amended so that such sections
shall read as follows:
Section 82-3 Signs Not Requiring Permits shall be amended by the addition ofthe
following subsections:
"Section 82-3 (i) Window signs provided the total sign area does not exceed 50% of the
individual window pane.
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Section 82-3 0) Signs located ten (10) or more feet behind a window or garage bay door opening.
Section 82-3 (k) "A-Frame" sandwich signs within Downtown Development Districts 1 and 2
provided the total area of both sign faces do not exceed 25 square feet total and the sign is not
permanently affixed."
Section 82-9 Removal of Signs, subsection (d), shall be amended to read as follows:
"Any commercial sign not currently in compliance with this article as of March 3, 2003 must be
brought into compliance within thirty (30) days after a change of ownership, discontinuance of
the sign's use, or discontinuance of operation of the commercial entity on the lot on which the
commercial sign is located. For planned shopping centers, free-standing signage advertising
more than one tenant must be brought into compliance within thirty (30) days after either a
change in ownership for the entire center or if more than 50% of tenants (as of March 3, 2003) are
discontinued or changed."
Section 82-12 Prohibited signs and sign devices, subsection 0), shall be amended to read
as follows:
"Wind-actuated, air or gas-filled devices (such as balloons or streamers) containing a
commercial message."
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Ordinance 2003-16
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Approved by Mayor and Council this 19th day of May, 2003.
Attest:
A. Max Bacon, Mayor
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i. u~ II; Lj. 'oUr / .
Susan D. Hiott, City Clerk
City of Smyrna
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Ordinance 2003-16
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Section 82-15 Requirements for all signs, subsection (a) (1), shall be amended to read as
follows:
"All permanent sign structures shall be constructed so as to comply with the
International Building Codes or its amendments unless specifically exempted by the
article. Any reference in the International Building Code or its amendments that
refers to outdoor advertising displays shall be read as being applicable to all
commercial sign structures."
Section 82-15 Requirementsfor all signs, subsection (a) (2), shall be amended to read as
follows:
"If a permanent sign (excluding wall signs) requires a sign permit then the sign
structure must be a ground based monument sign structure."
Section 82-16 Signs allowed in zoning districts, subsection (b) 4, shall be amended to
read as follows:
"....
"Temporary on-premises advertising devices and signs, including banners, provided
the area of each sign face shall not exceed 16 square feet and shall not be closer than
20 feet to the pavement of any street or on any public right-of-way. Such signs shall
be approved by the Community Development Department for a maximum period of
sixty (60) days within a twelve (12) month period, after which they shall be removed.
No more than one temporary on-premises advertising sign or device may be used at a
time."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability. Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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Ordinance 2003-17
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 6, ALCOHOLIC BEVERAGES, BE
AMENDED BY REVISING SECTIONS, 6-38, 6-102, 6-104, 6-107, 6-109, 6-110,
6_111,6-113,6-114,6-115,6-116,6-144 AND 6-162; PROVIDING THAT A
HEARING OFFICER DESIGNATED BY THE MAYOR AND COUNCIL
CONDUCT HEARINGS ON NEW OWNERS AND NEW MANAGERS; TO
INCREASE FLEXIBILITY FOR RECOMMENDED PENAL TIES FOR
VIOLATION OF THE ORDINANCE; TO PERMIT ALCOHOL BY THE DRINK
TO BE TAKEN BEYOND THE INDOOR BOUNDARIES OF THE PREMISES
COVERED BY THE LICENSE AT RESTAURANTS IN THE DOWNTOWN;
AND TO CHANGE REFERENCES TO THE CITY CLERK TO THE BUSINESS
LICENSE OFFICER
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Sections 6-38, 6-102, 6-104, 6-107, 6-109, 6-110, 6-111, 6-113, 6-114, 6-115,
6-116, 6-144 and 6-162 of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such sections shall read as follows:
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Section 6-38 Delivery by retailer beyond licensed premises shall be amended to read as
follows:
"It shall be unlawful for any licensee under this article to make deliveries of any
alcoholic beverage by the package beyond the boundaries of the premises covered by the
license. Except for restaurants in the Smyrna Central Downtown, it shall be unlawful for
any licensee under this article to serve any alcoholic beverages by the drink beyond the
boundaries of the premises covered by the license. For restaurants in the Smyrna Central
Downtown to serve alcoholic beverages by the drink beyond the boundaries of the
premises covered by the license, such service must be first approved by the Mayor and
City Council.
(Ord. No. 95-03, S 3-3-10, 5-1-95)"
Section 6-102 Written format shall be amended to read as follows:
"An applicant for an alcoholic beverage license shall make written application to
the governing body of the city through the business license officer upon such forms to be
prepared and approved by the governing body; provided that an applicant seeking more
than one type of license or an additional license must submit a separate application for
each type of license sought.
(Ord. No. 95-03, S 3-2-2, 5-1-95)"
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Ordinance 2003-17
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Section 6-104 Fees shall be amended to read as follows:
"Upon filing of the application for an alcoholic beverage license with the business
license officer, the city shall require the applicant to pay a processing fee according to a
fee schedule set by the governing body to cover the expense of advertising, investigation
and processing of the application. The fee is not refundable.
(Ord. No. 95-03, S 3-2-4, 5-1-95)"
Section 6-107 Authorized officers shall be amended to read as follows:
"Persons considered to be authorized officers of the governing body include, but
are not limited to, the following or their designees: City clerk, city attorney, city
administrator, police chief, city building inspector, city finance officer, business license
officer, and hearing officer.
(Ord. No. 95-03, S 3-2-7, 5-1-95)"
Section 6-109 Investigation by police department shall be amended to read as follows:
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"The police chief or designee shall cause an investigation to be conducted into the
character, citizenship and residency of every applicant for a license and shall cause a
report to the governing body to be issued, including findings and a recommendation, to
be filed with the business license officer. A search, both locally and through the National
Crime Information Center, shall be conducted to determine the applicant's and agent's
criminal record. Each applicant and agent shall provide other such information as may be
required to confirm the identity of the applicant and agent, including fingerprints in such
a manner as may be required if necessary to confirm the identity.
(Ord. No. 95-03, S 3-2-9, 5-1-95)"
Section 6-110 Investigation by city building inspector shall be amended to read as
follows:
"The city building inspector or designee shall cause an investigation to be
conducted of every application for a license and shall cause a report to the governing
body to be issued, including findings and a recommendation, to be filed with the business
license officer. Such investigation shall determine whether the existing or proposed
premises complies with all building, parking, health, fire, and similar city ordinances,
whether the plats submitted as part of the application are correct, and whether the place of
the proposed business is properly zoned therefor.
(Ord. No. 95-03, S 3-2-10, 5-1-95)"
Section 6- 111 Investigation by finance officer shall be amended to read as follows:
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"The finance officer or designee shall cause an investigation to be conducted of
every applicant for a license and shall cause a report to the governing body to be issued,
including findings and a recommendation, to be filed with the business license officer.
Such investigation shall be made into the city tax records to determine if the applicant,
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Ordinance 2003-17
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owner or agent or other parties with interest in the application, such as the owner of the
property if not the same as the applicant, owner, or agent, has or have any outstanding
taxes or special assessments that are delinquent against the property or any other monies
owing to the city.
(Ord. No. 95-03, S 3-2-11, 5-1-95)"
Section 6-113 Public notices of intent and of hearing, subsection (a), shall be amended
to read as follows:
"All applicants for licenses under this article shall give notice of the purpose of making
such application by advertisement at least one time a week for two consecutive weeks in
the newspaper in which the legal advertisements of the city are carried, which notice shall
contain the business name and address of the location of the proposed premises; the
owners of the business as required by the application; and the name of the applicant(s).
The ad will also contain the date and time of the hearing. The advertisement referred to in
this section shall be of the type not smaller than ten point capital and lowercase and shall
be at least a one-inch column advertisement."
Section 6-114 Public hearing on application shall be amended to read as follows:
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"(a) Where the proposed location has been vacant for one year or more or has
never been licensed to sell alcoholic beverages, the governing body shall hold a public
hearing on the application for a license after notice as required herein and prior to action
by the governing body.
(b) For all other applications, a hearing officer designated by the governing
body shall hold a public hearing on the application for a license after notice as required
herein and prior to action by the hearing officer.
(c) When an application is denied by the hearing officer, the applicant may
appeal to the governing body. Such appeal must be filed within ten days of the decision
ofthe hearing officer. The applicant must provide notice of the appeal hearing in the
same manner as provided in section 6-113 (a) of this chapter.
(Ord. No. 95-03, S 3-2-14, 5-1-95)"
Section 6-115 Appearance of applicant shall be amended to read as follows:
"The applicant for a license shall appear before the governing body or hearing officer
when the application is to be considered; provided that the applicant may be represented
by the manager who is jointly applying.
(Ord. No. 95-03, S 3-2-15, 5-1-95)"
Section 6-116 Character shall be amended to read as follows:
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"The governing body or hearing officer may deny a license when the application or the
evidence presented before the governing body or hearing officer at the time of the hearing
on the application shows any of the following conditions to exist:"
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Ordinance 2003-17
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Section 6-144 Excise tax upon the sale of distilled spirits by the drink, subsection (i)
[administration} (1) shall be amended to read as follows:
"Authority of business license officer. The business license officer shall administer and
enforce the provisions of this article for the levy and collection of the tax imposed by this
article."
Section 6-144 Excise tax upon the sale of distilled spirits by the drink, subsection (i)
[administration} (2) shall be amended to read as follows:
"Rules and regulations. The business license officer shall have the power and authority
to publish reasonable rules and regulations as approved by the mayor and council of the
city for the administration and enforcement of the provisions of this article and the
collection of the taxes pursuant to the provisions ofthis article."
Section 6-162 Criminal penalties for violation of chapter; administrative actions,
subsection (b) shall be amended to read as follows:
"The governing authority may take administrative action under this chapter, including
license suspension or revocation independent of court citations or the lack thereof, and
independent of the disposition or lack of disposition thereof."
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Section 6-162 Criminal penalties for violation of chapter; administrative actions,
subsection (c) shall be amended to read as follows:
"The intent of the table below is to be a guide for the governing authority in providing for
fair and consistent procedures and possible penalties for alleged violations of this chapter.
The authority to deviate from this guide, including but not limited to provisions regarding
show cause hearings, computation of number of offenses, time periods, and penalties, is
expressly reserved to the governing authority, as is the authority to consider mitigating
circumstances in deciding upon possible penalties.
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Ordinance 2003-17
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Table To Be Used As A Guide For Possible Penalties At Show Cause Hearings
Offense Class III Violations (less Class II Violations Class I Violations (most
serious) (serious) serious)
* 6-50. License to be All sections of chapter not * 6-60. Exotic dancing in
displayed. listed under Class I or Ill. connection with pouring
licensee.
* 6-54. Pricing. * 6-69. Sales to certain
persons prohibited.
* 6-55. Prices to be
conspicuously displayed.
* 6-56. Exterior
advertisements.
First Warning letter 5-year Class II probation ... o to 15-day suspension
5-year Class I orobation
Second 5-year Class III probation o to 15-day suspension, 5- 0- to 60-day suspension, 5-
vear Class II probation year Class I orobation
Third o to 15-day suspension, 5- 0- to 60-day suspension, 5- 0- to 180-day suspension,
vear Class III probation vear Class 11 orobation 5-year Class I orobation
Fourth 0- to 60-day suspension, 5- 0- to 180-day suspension, 3D-day to I-year
year Class III probation 5-year Class II probation suspension, 5-year Class I
probation
Fifth 0- to 180-day suspension, 3D-day to I-year Revocation of license
5-year Class III probation suspension, 5-year Class 11
probation
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ON umber of offenses are to be tallied over a five-year period through and preceding the date of the most
recent alleged violation. City officials shall keep a list of offenses on record for each licensee. "Fifth"
offenses applies to fourth or more offenses. Offenses in one class shall not be counted towards the number
of offenses in a different class.
"Suspensions should not be redeemable through payment of a fine or buy-out provision. Length of
suspension should be based on mitigating factors as determined by governing authority.
."Probation should [be] for possible subsequent violations in that class only.
(Ord. No. 95-03, S 3-5-2, 5-1-95)"
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability. Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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Ordinance 2003-17
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Approved by Mayor and Council this 19th day of May, 2003.
Attest:
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A. Max Bacon, Mayor
cj! - Vi "it-
/ /LUJA r:..) ~j, r! 1&- ,
Susan D. Hiott, City Clerk
City of Smyrna
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