08022004 August 2, 2004 Attachments
August 2. 2004
13
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responsible alcohol sales and service class presented by Evindi, Inc. on or before October 6,
2004. The motion was seconded by Council Member McNabb. Council Member Newcomb
stated he supports the motion. Council Member Newcomb expressed concern about the fact that
the establishment seems to require the presence of off-duty police officers, and stated the Police
Committee may need to further review the alcoholic beverage ordinance to ascertain if revised
guidelines for determining who should be eligible to have a license of this type are in order.
Motion was approved 7 - o.
ADJOURNMENT:
With no further business, the meeting was adjourned at ) I :25 p.m.
~~QL~ ~
A. MAX BACON, MAYOR
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<:-/ ')L ., J-1--
RON NEWCOMB, WARD 2
~~~~~
BILL COGGINS ARD 3
WADE S. LNENICKA, WARD 6
(l~>& ~
CHARLES PETE WOOD, WARD 7
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number
Land Lot 330
Acres 2.742
2004-26
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit "A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on August 2,2004 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners ofthe area to be annexed and of the citizens of the municipality; and
~
WHEREAS, at a regular meeting ofthe City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
""A."
BE IT ALSO ORDAINED that the Official Map of the City of Smyrna be amended to
show the annexation of said property.
day of
/
A. Max Bacon, Mayor
~~.f~
City of Smyrna
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l-fi ~
Scott A. Cochr~ity Attorney
City of Smyrna
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Ordinance #2004-26
EXHIBIT "A"
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ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT
330 OF THE 17TH DISTRICT, 2ND SECTION OF COBB COUNTY, GEORGIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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BEGINNING AT AN IRON PIN WHERE THE EAST LAND LOT LINE OF LAND
LOT 330 IS INTERSECTED BY THE NORTHEASTERLY RIGHT-OF- WAY OF
NICKAJACK ROAD (A 50-FOOT RIGHT-OF- WAY); THENCE NORTH 73
DEGREES 06 MINUTES 38 SECONDS WEST A DISTANCE OF 175.12 FEET
ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF NICKAJACK ROAD TO AN
IRON PIN; THENCE NORTH 67 DEGREES 23 MINUTES 28 SECONDS WEST A
DISTANCE OF 81.58 FEET CONTINUING ALONG THE NORTHEASTERLY
RIGHT-OF- WAY OF NICKAJACK ROAD TO AN IRON PIN; THENCE NORTH 11
DEGREES 15 MINUTES 27 SECONDS EAST A DISTANCE OF 586.14 FEET TO AN
IRON PIN; THENCE SOUTH 78 DEGREES 44 MINUTES 33 SECONDS EAST A
DISTANCE OF 142.64 FEET TO AN IRON PIN ON THE EAST LAND LOT LINE OF
LAND LOT 330; THENCE SOUTH 01 DEGREES 02 MINUTES 33 SECONDS WEST
A DISTANCE OF 629.35 FEET ALONG THE EAST LAND LOT LINE OF LAND
LOT 330, RETURNING TO THE TRUE POINT OF BEGINNING, AND BEING A
PARCEL OF 2.742 ACRES, INCLUDING A ONE-STORY FRAME DWELLING, AS
BEING SHOWN UPON TIiAT PLAT OF SURVEY FOR ALFRED T. LANSDELL,
DATED FEBRUARY 17, 1986, PREPARED BY PAUL E. LEE, GA. REGISTERED
LAND SURVEYOR NO. 1715.
THIS CONVEYANCE IS CONDITIONED UPON AND SUBJECT TO GEORGIA
POWER COMPANY EASEMENT ACROSS THE NORTH PART OF CAPTIONED,
AS SHOWN BY THE ABOVE-MENTIONED PLAT OF SURVEY.
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AFFIDA VIT
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Personally appeared before the undersigned attesting officer, duly authorized to
administer oaths, Mavor A. Max Bacon, who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Mayor and Council held on the 2nd
day of August, 2004.
(2) That it is my understanding that O.c.G.A. ~50-14-4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the 2nd of August, 2004, which was closed for the purpose( s) of discussion of legal
matters as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within
those exceptions and as provided by law.
(4) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. ~50-14-4(b) that such an affidavit be executed.
This 2nd
day of August, 2004.
Mayor/Presiding Officer
Sworn to and subscribed before me
This 2nd day of August, 2004.
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ORDINANCE # 2004-27
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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 REPEALING THE EXISTING ALCOHOLIC BEVERAGE
ORDINANCE IN ITS ENTIRETY AND REPLACING SAID CODE SECTION
WITH A REVAMPED BODY OF REGULATIONS
Chapter 6
ALCOHOLIC BEVERAGES*
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* Editors Note: ardinance No. 95-03, adopted May 1, 1995, amended this chapter in its entirety.
Formerly, this chapter consisted of ~~ 6-1--6-4, 6-31--6-41, 6-51--6-77, 6-101--6-104, 6-126--6-130, 6-
151--6-177, and 6-201--6-204, which pertained to alcoholic beverages and derived from ~~ 3-1-1--3-1-4, 3-
2-1--3-2-28, 3-3-1--3-3-44, 3-4-1--3-4-4, and 3-5-1--3-5-5 of ard. No. 93-06, adopted June 7, 1993.
Section numbers have been changed and designated by the editor in order to conform to existing numeric
style of this Code.
Cross References: Businesses, ch. 22; public intoxication, ~ 66-6; alcoholic beverages in parks, ~
70-2; traffic and vehicles, ch. 98.
State Law References: Alcoholic beverages, a.c.G.A. tit. 3; penalty for violations of alcoholic
beverage law, a.c.G.A. ~ 3-1-4; purchase of alcoholic beverages by persons under 21 years of age,
a.c.G.A. ~~ 3-3-23, 3-3-23.1; jurisdiction of juvenile court, a.C.G.A. ~ 15-11-5; powers of presiding
officer in municipal court to bind over or commit criminal offenders to jail, a.c.G.A. ~ 17-7-22;
punishment for misdemeanors generally, a.c.G.A. ~ 17-10-3; powers of judges of municipal courts,
a.c.G.A. ~ 36-32-3; jurisdiction in cases of purchase of alcoholic beverages by persons under 21 years of
age, a.c.G.A. ~ 36-32-10.
Sec. 6-1. Short title.
Sec. 6-2. Definitions.
Sec. 6.3. Purposes.
Sec. 6-4. Power to regulate licenses.
Sees. 6-5--6.30. Reserved.
Article I. In General
Article II. License
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Sec. 6-31. Approval of governing body.
Sec. 6-32. Grant or privilege.
Sec. 6.33. Required.
Sec. 6.34. Types of licenses.
Sec. 6-35, Holding more than one allowed.
Sec. 6-36. Use restricted to license type.
Sec. 6-37. Limitations on use.
Sec. 6-38. Delivery by retailer beyond licensed premises.
See, 6-39. Licensed premises; inspection; product of unlicensed wholesaler.
Sec. 6-40. Requirements for wholesalers generally.
Sec. 6-41. Wholesale licensees prohibited from interest in other licenses.
Sec. 6-42. Discrimination by wholesalers.
Sec. 6-43. Purchase from properly licensed wholesalers.
Sec. 6-44. Invoices.
Sec. 6-45. Consumption on package licensed premises prohibited.
Sec. 6-46. Carry-in prohibited.
Sec. 6-47. Service in hidden rooms of pouring licensee.
Sec. 6-48. Familiarity with chapter.
Sec. 6-49. Responsibility of licensee for acts of employees and others.
Division 1. Generally
ORDINANCE # 2004-27
Sec. 6-50. License to be displayed.
Sec. 6-51. Issuance of photo permit for employees.
Sec. 6-52. Age limit for employees.
Sec. 6-53. Limitations on employee conduct.
Sec. 6-54. Pricing.
Sec. 6-55. Prices to be conspicuously displayed.
Sec. 6-56. Exterior advertisements.
Sec. 6-57. Misrepresentation of alcoholic beverages.
Sec. 6-58. Coin operated, similar machines prohibited.
Sec. 6-59. Serving of drinks by employees only.
Sec. 6-60. Exotic dancing in connection with pouring license.
Sec. 6-61. Hours of operation.
Sec. 6-62. Sunday sales permit.
Sec. 6-63. Special late hours permit.
Sec. 6-64. Time limit on vacating premises after close.
Sec. 6-65. Clear view of entrance and interior of licensed premises.
Sec. 6-66. Drive-in service window.
Sec. 6-67. Private residential group club defined.
Sec. 6-68. Compliance with sanitary and fire protection regulations; inspections.
Sec. 6-69. Sale to certain persons prohibited.
Sec. 6-70. Minors on premises prohibited.
Sec. 6-71. Alcoholic use by persons under age prohibited.
Sec. 6-72. Prohibited activities.
Sec. 6-73 Retail sale of kegs; required labeling; removal of labels
Sees. 6-74 - 6- 1 00 Reserved.
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Sec. 6-101. Generally.
Sec. 6-102. Written format.
Sec. 6-103. Contents.
Sec. 6-104. Fees.
Sec. 6-105. Producing persons for oral interrogation.
Sec. 6-106. Time limit for furnishing information.
Sec. 6-107. Authorized officers.
Sec. 6-108. False information.
Sec. 6-109. Investigation by police department.
Sec. 6-110. Investigation by city building inspector.
Sec. 6-111. Investigation by finance officer.
Sec. 6-112. Time limit for city to process.
Sec. 6-113. Public notices of intent and of hearing.
Sec. 6-114. Public hearing on application.
Sec. 6-115. Appearance of applicant.
Sec. 6-116. Denial of License
Sec. 6-117. Reports from investigations.
Sec. 6-118. Distance from certain locations.
Sec. 6-119. Citizenship and residency.
Sec. 6-120. Corporate registration.
Sec. 6-121. Applicant as guise.
Sec. 6-122. Age.
Sec. 6-123. Wholesale license.
Sec. 6-124. Pouring requirements.
Sec. 6-125. City officials and employees and family prohibited.
Sec. 6-126. Time limits for obtaining and using.
Sec. 6-127. Time limit on reapplication.
Sec. 6-128. Restriction upon transfers.
Sec. 6-129 Mandatory Workshop for licensee; mandatory training for permit holders.
Sees. 6-130--6-140. Reserved.
Division 2. Application
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Article III. Fees and Taxes
Sec. 6-141. Setting license fees; license period; refunds.
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ORDINANCE # 2004-27
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Sec. 6-142. Payment of license fees; amounts.
Sec. 6-143. Excise tax upon retail sales of distilled spirits, package only.
Sec. 6-144. Excise tax upon the sale of distilled spirits by the drink.
Sees. 6-145--6-160. Reserved.
Sec. 6-161. Compliance with chapter.
Sec. 6-162. Criminal penalties for violation of chapter; administrative actions.
Sec. 6-163. Suspension and revocation of license.
Sec. 6-164. Automatic revocation of city license upon revocation of state license.
Sec. 6-165. Removal of signs after revocation.
Article IV. Enforcement
ARTICLE I.
IN GENERAL
Sec. 6-1. Short title.
This chapter shall be known and may be cited as the "Smyrna Alcoholic Beverage
Ordinance." (Ord. No. 95-03, ~ 3-1-1,5-1-95)
Sec. 6-2. Definitions.
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(a) All definitions as may be set forth in the state alcoholic beverage code are
adopted by this chapter.
(b) The following additional words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this subsection, except where the
context clearly indicates a different meaning:
Alcoholic beverage means all alcohol, distilled spirits, beer, malt beverage, wine,
or fortified wine.
Applicant means generally a person requesting to be a licensee responsible for the
sale of alcoholic beverages on the premises applied for.
Arrests means all arrests and dispositions thereof for all violations of municipal,
state, or federal law, both felonies and misdemeanors, during the five years immediately
preceding the date of the application.
Church means a permanent freestanding building located in an area designated for
such use by the zoning ordinances where persons regularly assemble for religious
worship, which shall be publicly designated as a church, but shall not include a residence
also used for religious purposes.
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Closed function means a private event not open to the general public. Closed
functions can only occur at the city community center or at the Church Street Senior
Center. No pay-at-the-door or uninvited guests are permitted. Alcoholic beverages must
3
ORDINANCE # 2004-27
be served without charge. The offer and sale of alcoholic beverages at such functions is
prohibited, except that a general admission fee permitting attendance at the closed
function may be collected in advance. During the time of the closed function, an off-duty
city police officer or city park ranger must be hired to oversee the event while alcohol is
being served.
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Distilled spirits means any alcoholic beverage obtained by distillation or
containing more than 21 percent alcohol by volume, including, but not limited to, all
fortified wines.
Drink means any alcoholic beverage not in its original package which is served
for consumption on premises which mayor may not be diluted by any other liquid.
Grocery store means a retail establishment whose primary function is the sale of
packaged or unprepared food and grocery items for consumption off the premises and
whose annual gross sales of alcoholic beverages do not exceed five percent of its total
gross sales from all sources as evidenced in a public hearing by a certified audit showing
the sales for the calendar year most recently ending at the proposed location or for a
similar store at a similar location. For the purposes of this definition, ret~il establishments
selling gasoline shall not be considered grocery stores.
Hotel means a building or other structure kept, used, maintained, advertised and
held out to the public to be a place where food is actually served and consumed and
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 and having one or more public dining rooms, with
adequate and sanitary kitchen and a minimum seating capacity of at least 40, where meals
are regularly served to such guests, such sleeping accommodations and dining rooms
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. Hotels shall have the privilege of granting franchises for the
operation of a lounge, restaurant or nightclub on their premises, and the holder of such
franchise shall be included in the definition of hotel under this definition.
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Immediate family means any person related within the first degree of
consanguinity or affinity as determined according to civil law.
License means the authorization by the governing authority of the city to engage
in the sale of alcoholic beverages as provided for in this chapter.
Licensee means generally the person to whom a license is granted and who is
responsible for the sale of alcoholic beverages as prescribed in this chapter.
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Lounge means a separate room connected with a part of and adjacent to a
restaurant as defined herein with all booths, stools and tables being unobstructed and
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ORDINANCE # 2004-27
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open to view. All lounges shall have a seating capacity of at least 40. The maximum area
of said lounge shall be one-third the size of the food serving area.
Malt beverage means any alcoholic 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 six percent alcohol by
volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer.
The term does not include sake, known as Japanese rice wine.
Package means a bottle, can, keg, barrel, or other original consumer container.
Park means any public lands owned or controlled and operated by the city, state,
or any county of the state, in and upon which facilities are provided for the recreation of
the general public.
Person means any individual, firm, partnership, cooperative, nonprofit
membership corporation, joint venture, association, company, corporation, agency,
syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination
acting as a unit, body politic, or political subdivision, whether public, private, or quasi-
public.
Pouring means the sale of alcoholic beverages by the drink.
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Private club means a corporation organized and existing under the laws of the
state, having at least 100 members regularly paying monthly, quarterly, semiannual or
annual dues, organized and operated exclusively for pleasure, recreation and other
nonprofitable purposes, no part of the net earnings of which inures to the benefit of any
shareholder or member, and owning, hiring or leasing a building or space therein for the
reasonable use of its members with suitable kitchen and dining room space and
equipment and maintaining and using a sufficient number of servants, members,
volunteers or employees for cooking, preparing and serving meals for its members and
guests; provided, however, that no member or officer, agent or employee of the club is
paid, or directly or indirectly receives, in the form of salary or other compensation, any
profits from the sale of alcoholic beverages to the club or its members at any annual
meeting of the club by its governing board out of the general revenue of the club.
Premises means the definite closed or partitioned-in locality, whether room, shop,
or building wherein alcoholic beverages are sold, and may include an attached patio or
deck when:
(1) It is separated from the general public by a permanent wall, fence, hedge
or similar approved device, and access to the patio or deck is limited only
through the main premises;
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(2)
The location of the patio or deck does not encroach upon any sidewalk,
right-of-way, or other common area customarily used for ingress, egress,
5
ORDINANCE # 2004-27
pedestrian or vehicular traffic; and
...
(3) The location and plans shall first have been approved by the city building
inspector and fire marshal.
Use of a patio or deck as a part of the premises shall be suspended or revoked when its
use interferes with other uses in the vicinity, or becomes in any way a public nuisance.
Privately held corporation means an entity registered only through Georgia
Secretary of State and not registered with the U.S. Securities and Exchange Commission.
Public building means any building owned by a federal, state or local government
entity and used exclusively for federal, state and local governmental functions and/or
purposes.
Publicly traded corporation means an entity which is traded on a major stock
trading exchange or registered with the U.S. Securities and Exchange Commission.
Purchase price means the consideration received for the sale of alcoholic
beverages by the drink valued in money, whether received in cash or otherwise, including
all receipts, cash, credits and property, or services of any kind or nature and also, the
amount for which credit is allowed by the licensee or his/her agent to the purchases,
without any deduction therefrom whatsoever.
11IIII\
Restaurant means any public place kept, used, maintained, advertised and held
out to the public as a place where meals are served and where meals are actually and
regularly served with a minimum seating capacity of 40, such place being provided with
adequate and sanitary kitchen and dining room equipment, air conditioned, having
employed therein a sufficient number and kind of employees to prepare, cook and serve
suitable food for its guests. At least one meal per day shall be served at least six days a
week, with the exception of holidays, vacations and periods of redecorating, and the
serving of such meals shall be the principal business conducted, with the serving of
alcoholic beverages to be consumed on the premises as only incidental thereto.
School means the buildings, grounds, or campus only of such state, county, city,
church or other school as teaches the subjects commonly taught in the common schools
of this state, not to include private schools where only specialized subjects such as law,
stenography, business, music, art, medicine, dentistry, vocational or technical
occupations and other special subjects are taught.
Smyrna Central Downtown means that area described as the ADD-l District in
the Architectural Design Guidelines of the city adopted July 1, 1991, by the mayor and
council and may be amended from time to time.
Wholesale means the sale of alcoholic beverages as a distributor to retailers for
the purpose of resale. (Ord. No. 95-03, ~ 3-1-2, 5-1-95; Ord. No. 97-16, 12-1-97; Ord.
No. 2001-0917C, 9-17-01)
Cross References: Definitions generally, ~ 1-2.
...
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ORDINANCE # 2004-27
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State Law References: Definitions, a.C.G.A. ~ 3-1-2.
Sec. 6-3. Purposes.
This chapter is enacted for the purposes, among others, of promoting the health
and general welfare of the community, of establishing reasonable and ascertainable
standards for the regulation and control of the licensing and sales of alcoholic beverages,
and of protecting and preserving certain areas, through reasonable consideration, among
others, to the character of the areas and their peculiar suitability for particular uses, to the
congestion in the roads and streets, to a general view of promoting desirable living
conditions and sustaining stability of neighborhoods and property values, and to the
prevention of undesirable persons from engaging in or having any interest in alcoholic
beverages.
(Ord. No. 95-03, ~ 3-1-3, 5-1-95)
Sec. 6-4. Power to regulate licenses.
All powers as may be provided to municipalities by the laws of the state
pertaining to alcoholic beverages are adopted by this chapter.
(Ord. No. 95-03, ~ 3-1-4, 5-1-95)
Sees. 6-5--6-30. Reserved.
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ARTICLE II.
LICENSE*
* State Law References: Sale of alcoholic beverages as a privilege, a.c.G.A. ~ 3-3-1; authority for
local licensing, a.c.G.A. ~ 3-3-2.
DIVISION 1.
GENERALLY
Sec. 6-31. Approval of governing body.
(a) No alcoholic beverage license shall be issued until it has been approved by
the governing body.
(b) No alcoholic beverage license shall be approved unless all provisions of
this chapter have been met.
(Ord. No. 95-03, ~ 3-3-1, 5-1-95)
......
Sec. 6-32. Grant or privilege.
(a) All licenses shall be a mere grant or privilege to carryon such business
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ORDINANCE # 2004-27
during the term of the license, subject to all the terms and conditions imposed by this
chapter and related laws, applicable provisions of this Code and other ordinances and
resolutions of the city relating to such business.
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(b) All licenses hereunder shall have printed on the front these words: "This
license is a mere privilege subject to be revoked and annulled by the mayor and council
of the City of Smyrna. "
(Ord. No. 95-03, ~ 3-3-2, 5-1-95)
Sec. 6-33, Required.
No alcoholic beverages shall be manufactured, sold at wholesale or retail, or
possessed for the purpose of sale, except under a license granted by the governing
authority of the city.
(Ord. No. 95-03, S 3-3-3, 5-1-95)
Sec. 6-34. Types of licenses.
The types of alcoholic beverage licenses which may be issued under this chapter
are:
(1)
Pouring distilled spirits;
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(2) Pouring wine and malt beverage;
(3) Package distilled spirits;
( 4) Package wine and malt beverage;
(5) Wholesale alcoholic beverages; and
(6) Manufacturer.
(Ord. No. 95-03, ~ 3-3-4, 5-1-95)
Sec. 6-35. Holding more than one allowed.
A licensee may hold more than one type of license, provided that each license
must be approved by the governing body.
(Ord. No. 95-03, ~ 3-3-5, 5-1-95)
Sec. 6-36. Use restricted to license type.
It shall be unlawful for a licensee to engage in any activity except that authorized
by the type of license held.
(Ord. No. 95-03, ~ 3-3-6, 5-1-95)
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ORDINANCE # 2004-27
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Sec. 6-37. Limitations on use.
(a) It shall be unlawful for any person operating premises licensed for the sale
of wine and malt beverages to store or have on the premises any distilled spirits without a
license therefor.
(b) No package sales shall be allowed in, or in connection with, any
restaurant, cafe, eating place, priv'ate club or in any establishment other than a retail store.
(c) No package sales shall be allowed in the same room where pouring sales
are allowed.
(Ord. No. 95-03, ~ 3-3-9, 5-1-95)
Sec. 6-38. Delivery by retailer beyond licensed premises.
~
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, ~ 3-3-10, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-39. Licensed premises; inspection; product of unlicensed wholesaler.
All licensed retailers shall store all alcoholic beverage possessions on the
premises for which the license was issued, and at no other place. All alcoholic beverage
stock shall be available at all times for inspection by authorized city officials. Any brand
or type of alcoholic beverages found in any retailer's stock that is handled by a wholesaler
who is not licensed to make sale and deliveries in the city shall be subject to immediate
confiscation.
(Ord. No. 95-03, ~ 3-3-11, 5-1-95)
Sec. 6-40. Requirements for wholesalers generally.
~
All wholesalers shall be licensed under the provisions of this chapter and shall
comply with this chapter before they can sell or deliver any alcoholic beverages to any
establishment in the city. Deliveries and sales shall only be made to retailers properly
licensed under such sections for the operation of establishments in the city. Deliveries
shall be made in conveyance owned and operated by a wholesaler licensed as set out in
this section, and shall at all times when deliveries are being made be subject to inspection
9
ORDINANCE # 2004-27
by any duly authorized authority of the city.
(Ord. No. 95-03, ~ 3-3-12, 5-1-95)
-.
Sec. 6-41. Wholesale licensees prohibited from interest in other licenses.
No person who has any direct financial interest in a license for the sale of
alcoholic beverages at wholesale shall hold any other license under the terms of this
chapter.
(Ord. No. 95-03, ~ 3-3-13, 5-1-95)
Sec. 6-42. Discrimination by wholesalers.
No wholesaler may discriminate between retail dealers as to quantity, sections,
and brands sold to the retail dealer, nor use any business technique so as to control the
retail dealer's business and pricing policy or in any way interfere with the free enterprise
operation of the retail dealer.
(Ord. No. 95-03, ~ 3-3-14, 5-1-95)
Sec. 6-43. Purchase from properly licensed wholesalers.
Retail dealers in alcoholic beverages licensed under the applicable provisions of
this chapter shall not buy or accept deliveries of alcoholic beverages from wholesalers or
other persons offering the same for sale except from wholesalers duly licensed under this
chapter. Such retail dealers shall not accept deliveries of alcoholic beverages except
directly to the premises for which their license and pennit was issued, and by no means
other than by a conveyance owned and operated by a wholesaler licensed as required by
this chapter, except, on written request to the business license supervisor of the city and
upon the granting of permission by the business license supervisor in writing, deliveries
may in special instances be made otherwise upon terms and conditions as prescribed by
the business license supervisor of the city as to each such delivery.
(Ord. No. 95-03, ~ 3-3-15, 5-1-95)
-.
Sec. 6-44. Invoices.
Upon each delivery by a licensed wholesaler to a licensed retailer, an invoice in
triplicate shall be prepared, showing the quantities and brands of alcoholic beverages
delivered together with the price thereof and the tax collected thereon. The original copy
of such invoice shall be delivered by the wholesaler to the retailer simultaneously with
each such delivery. The wholesaler shall retain the second copy of such invoice and shall
keep it for a period of 24 months after the date of same, and during said period of such
invoices shall be made available for inspection by authorized representatives of the city; a
copy of such invoice shall be attached to any reports requested or required by the city.
(Ord. No. 95-03, ~ 3-3-16, 5-1-95)
Sec. 6-45. Consumption on package licensed premises prohibited.
-.
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ORDINANCE # 2004-27
-
It shall be unlawful for any person licensed for the operation of a package store
only to permit or allow any consumption of alcoholic beverages on the premises of such
package store location. It shall be the duty of the owner and/or operator of each
establishment to police and prevent the consumption of any alcoholic beverages upon the
premises of any package store location, and evidence that there has been any such
consumption by any person within the premises of operation of said location shall be
deemed prima facie evidence that said owner or operator is allowing consumption of such
beverages and the burden shall be upon such owner or operator to establish to the
governing authority that same was not with his knowledge or permission. For the
purposes of this section, knowledge of the owner and/or operator without taking any steps
to prevent such consumption shall be deemed permission. Consumption on the premises
shall be allowed only in those locations having a pouring license.
(Ord. No. 95-03, ~ 3-3-17, 5-1-95)
Sec. 6-46. Carry-in prohibited.
(a) It shall be unlawful for any person operating any business establishment
licensed to serve alcoholic beverages by the drink, or food, to permit the consumption of
alcoholic beverages that are not purchased on the premises where they are consumed.
-
(b) It shall be unlawful for any pouring licensee to sell, or offer to sell, or to
give, to any customer or patron any alcoholic beverages by the package or drink for carry
out purposes.
(Ord. No. 95-03, ~ 3-3-18, 5-1-95)
Sec. 6-47. Service in hidden rooms of pouring licensee.
The sale of alcoholic beverages for consumption by persons in any room which is
not open to general public use is prohibited, except that private parties or conventions,
which have been scheduled in advance, may be served in public or private dining rooms
or meeting rooms, and provided further that this prohibition shall not apply to private
clubs hereunder nor to the sale of alcoholic beverages for consumption hereunder to the
registered guests of any hotel or motel in their designated rooms.
(Ord. No. 95-03, ~ 3-3-19, 5-1-95)
Sec. 6-48. Familiarity with chapter.
(a) It shall be the duty of each licensee and employee thereof to be familiar
with this chapter.
-
(b) It shall be the responsibility of each licensee to provide all new employees
at the time of their employment, and all employees annually, with an orientation and
training on the Smyrna alcoholic beverage ordinance; provided that, the failure of the
employer to provide such orientation and training or of the employee to participate shall
not be a defense for an employee who does not follow the provisions of the alcoholic
beverage ordinance; and provided that, a licensee shall keep a record of such orientation
11
ORDINANCE # 2004-27
and training, which shall be subject to inspection.
(Ord. No. 95-03, ~ 3-3-20, 5-1-95)
-
Sec. 6-49. Responsibility of licensee for acts of employees and others.
Licensees shall be responsible for compliance with this chapter by their officers,
agents, and employees.
(Ord. No. 95-03, ~ 3-3-21, 5-1-95)
Sec. 6-50. License to be displayed.
Each licensee for the sale of alcoholic beverages shall have their license posted
conspicuously in the place of business of the person to whom the license is issued, and
upon failure to so display, license may at the discretion of the governing body be revoked
and the person to whom the license is issued be punished as prescribed in this chapter.
(Ord. No. 95-03, ~ 3-3-22, 5-1-95)
Sec. 6-51. Issuance of photo permit for employees.
(a) All employees involved in either the dispensing, serving or sale of
alcoholic beverages are required to obtain a photo permit from the city police department.
(b) Employees subject to this provision shall, within 14 days of their first day
of work in an establishment holding a license to sell alcoholic beverages, report to the
city police department for the purpose of applying for photo permit on such forms as
shall be required by the police department. No person may remain employed by any
establishment holding an alcoholic beverage license unless the provisions of these
sections have been complied with.
-
(c) Photo permits are transferable from one licensed premise to another within
the corporate city limits. A photo permit shall be valid for a period of two years from the
date of issue. At expiration, a new photo permit must be applied for. Photo permits must
be made available for inspection upon request by the governing body, police department
or city marshal at any time. In case of lost, altered or mutilated photo permits, a
replacement must be obtained immediately. If the original photo permit is found after a
replacement is issued, then it must be turned in to the permits section at the police
department; possession of more than one photo permit is a violation of this section.
(d) A processing fee is payable to the city upon application for a photo permit.
In the event of a lost or mutilated photo permit, a replacement fee shall be payable to the
city.
(e) The city shall have a complete and exhaustive search made relative to any
police record of the person applying for the photo permit. No photo permit shall be issued
to any person if the following is shown to exist:
--
12
-
ORDINANCE # 2004-27
(1)
That employee as a previous or current employee, or as a previous
alcoholic beverage licensee, has been convicted of violating any laws,
ordinances, or regulations regulating such business if such conviction or
arrest occurred within a five-year period immediately preceding the date
of application. The term "conviction" shall include an adjudication of
guilt, a plea of guilty or nolo contendere or the forfeiture of bond when
charged with a crime. If there is an arrest and charges are still pending,
then action shall be postponed until the charges are adjudicated;
(2) That employee within a five-year period preceding the date of application
shall have been convicted for any felony charged under any of the laws of
the several states or of the United States. The term "conviction" shall
include an adjudication of guilt, a plea of guilty or nolo contendere or the
forfeiture of bond when charged with a crime. If there is an arrest and
charges are still pending, then action shall be postponed until the charges
are adjudicated;
(3)
~
That employee has been convicted of more than one misdemeanor,
including traffic violations, involving the use or abuse of any alcoholic
beverage, opiate or drug, within the three years preceding the application.
The term "conviction" shall include an adjudication of guilt, a plea of
guilty or nolo contendere or the forfeiture of bond when charged with a
crime. If there is an arrest and charges are still pending, then action shall
be postponed until the charges are adjudicated; or
(4) That employee is on parole from any state or federal prison or work camp;
provided that, in the event employee is on active probation or parole, a
signed letter must be submitted with the application for a photo permit
from the applicant's parole or probation officer, such letter must be on
official stationary, and such letter must state that the employee has been
authorized by the probation officer to maintain employment in an
alcoholic establishment.
In the event there is a criminal record discovered that would exclude the issuance
of a photo permit, the designated agent of the police department shall issue a letter to the
person fingerprinted, to the city clerk, and to the employer, stating that the person is
ineligible for employment.
(5) That employee has any outstanding arrest warrants for whom no service
has been perfected.
(t) Any employee excluded from receiving or holding a photo permit under
the terms of this section shall have the right to appeal such exclusion to the governing
body, which may in its discretion approve the issuance of a photo permit.
-
(g) The failure of an employee to get a photo permit will not prohibit the
13
ORDINANCE # 2004-27
employee from applying for and receiving one if all other conditions of this section are
otherwise met.
(Ord. No. 95-03, ~ 3-3-23, 5-1-95; Ord. No. 97-16, 12-1-97)
....
Sec. 6-52. Age limit for employees.
(a) Except as authorized by state law or as herein provided, no licensee
hereunder shall employ any person in or about the premises where alcoholic beverages
are sold, consumed or offered for sale, to sell or deliver, or to aid or assist in the sale or
delivery, directly or indirectly, of such alcoholic beverages, unless such person is 18
years of age or older. It shall likewise be unlawful for any person under the age of 18
years to sell, take orders for or deliver, or in any manner take part or assist in the sale,
serving or delivery of such alcoholic beverages.
(b) This section shall not prohibit persons under 18 years of age who are
employed in supermarkets, convenience stores, or drugstores from selling or handling
alcoholic beverages which are sold for consumption off the premises if there is, at all
times during which any person under 18 years of age is working, during hours within
which alcoholic beverages are sold, either the licensee or at least one employee 21 years
of age or older and who is serving in a supervisory capacity, on the premises inside the
building within which the alcoholic beverages are sold.
(Ord. No. 95-03, ~ 3-3-24, 5-1-95)
State Law References: Similar provisions, a.c.O.A. ~ 3-3-24.
....
Sec. 6-53. Limitations on employee conduct.
(a) Employees of alcoholic beverage licensees are prohibited from mingling
with customers on licensees premises for the purpose of soliciting or encouraging
alcoholic beverage sales.
(b) Employees and contractees of licensees are prohibited from being under
the influence of alcohol on the premises of the licensee during such employee's or
independent contractor's working hours.
(I) The purpose of this section is to ensure that employees and contractees are
able to exercise with unimpaired judgment their responsibility for the
public safety and good under this chapter and the laws of this state as they
serve customers;
(2) For the purpose of this section, under the influence of alcohol shall be as
set by state law;
(3)
Employees and contractees violating this section shall be subject to a 15-
day revocation of their photo permit by the officer responsible for the
issuance of such permits upon a first offense; a 90-day revocation upon a
second offense; and a one-year revocation for any subsequent offense;
provided that, an appeal from such revocation is subject to the same
-
14
ORDINANCE # 2004-27
~
appeals provided in the photo permit provisions of this chapter; and
(4) Licensees may be held responsible for multiple violations of this section
under the enforcement provisions of this chapter.
(Ord. No. 95-03, ~ 3-3-25,5-1-95)
Sec. 6-54. Pricing.
(a) This section shall be construed to cover, include and apply to every type of
alcoholic beverages licensed to be sold.
(b) Each licensee shall maintain a daily schedule of the prices to be charged
for all alcoholic beverages to be served and consumed on the licensed premises or in any
room or part thereof. The schedule of prices shall be maintained in a manner so as to be
available to the paying public and law enforcement officers or agents of governmental
authority. Said schedule shall be effective except as hereinafter provided, for not less than
a 24-hour period beginning at 12:01 a.m. and ending at midnight, and shall show thereon
the date for which the schedule is effective.
(c) No licensee or holder of any license to sell alcoholic beverages for
consumption on the premises or in any part thereof, or employee or agent of a license,
shall:
-
(1) Offer or deliver any free alcoholic beverage to the general public, which
shall include pricing policies which provide two or more drinks for a price
less than the amount which would be due for each drink if sold separately;
(2) Deliver more than two alcoholic beverages to one person at one time;
(3) Sell, offer to sell, or deliver to any person or group of persons any
alcoholic beverage at a price less than one-half the price prior to 8:00 p.m.,
or after 8:00 p.m. less than the price regularly charged for such alcoholic
beverage during the same 24-hour period for which the price schedule
herein required is in effect, except at private functions not open to the
public. "Private functions" as used herein shall mean those functions
wherein the licensee has agreed to the use of the licensee's establishment
by a person, firm or organization for a set period of time for valuable
consideration;
(4) Sell, offer to sell, or deliver to any person or group of persons two or more
or an unlimited number of alcoholic beverages during any set period of
time for a fixed price, except at private functions not open to the public;
-
(5)
Sell, offer to sell, or deliver alcoholic beverages to any person or group of
persons on anyone day at prices less than those charged the general public
on that day, except at private functions not open to the public;
15
ORDINANCE # 2004-27
(6) Sell, offer to sell, or deliver alcoholic beverages, by the pitcher or carafe,
except to two or more persons at anyone time;
--
(7) Increase the volume of alcohol contained in a drink without increasing
Proportionately the price regularly charged for such alcoholic beverage
during the same 24-hour period for which the price schedule is in effect;
(8) Encourage or permit on the licensed premises any game or contest which
involves the drinking of alcoholic beverages or the awarding of alcoholic
beverages as a prize;
(9) Sell simultaneously to one customer, two or more alcoholic beverages for
a price substantially the same as is charged for one such alcoholic
beverage;
(10) Require or encourage the purchase of a second or subsequent alcoholic
beverage at the same time another alcoholic beverage is purchased; or
(II) Knowingly allow an alcoholic beverage purchased on the premises to be
removed from the premises without having been consumed. "Premises,"
for the purpose of this subsection, shall be construed to mean the entire
area under the supervision, management or control of the licensee,
excluding areas for parking of motor vehicles, and, in the case of licensees
whose licensed location is located on a portion of the premises of a club,
organization, establishment or entity offering outdoor recreation (tor
instance, golf or tennis), then the word "premises" shall extend to cover all
areas operated as a part of the club or entity excluding areas for parking of
motor vehicles.
--
(d) No licensee shall advertise or promote in any way, whether within or
without the licensed premises, any of the practices prohibited under subsection (c) of this
section.
(e) No provision of this section shall be construed to prohibit licensees from
offering free food or entertainment at any time, or to prohibit licensees from including an
alcoholic beverage as a part of a meal package, or to prohibit the sale or delivery of wine
by the bottle or carafe when sold with meals or to more than one person, or to prohibit
any hotel or motel from offering room services to registered guests or to prohibit the sale
of more than two drinks at one time which are to be consumed by the purchaser out-of-
doors on the premises of the licensee, as described in subsection (c) of this section, in
connection with the purchaser's participation as a player in the games of golf or tennis;
otherwise, no food and alcoholic beverage package may be offered by any licensee;
provided, however, that nothing contained in this section shall be construed to allow a
licensee to circumvent the intent of this section by offering meals which include an
alcoholic beverage as a device or scheme to promote drink sales at a price per beverage
-
16
ORDINANCE # 2004-27
-
less than the daily listed price.
(Ord. No. 95-03, ~ 3-3-26, 5-1-95)
Sec. 6-55. Prices to be conspicuously displayed.
Each retail package licensee shall have conspicuously displayed within the
interior of the licensed premises a printed price list of the alcoholic beverages offered for
sale or shall place the price on the package or on the bottom of the shelf where the
alcoholic beverages are exhibited for sale.
(Ord. No. 95-03, ~ 3-3-27, 5-1-95)
Sec. 6-56. Exterior advertisements.
(a) Distilled spirits. No sign of any kind, painted or electric, advertising any
brand or price of distilled spirits shall be permitted on the exterior, or in the window,
except one sign located in the interior which shall not be more than 12 inches by 36
inches, and may be lighted or unlighted.
(b) Wine and malt beverages. Outside advertising of wine and malt beverages
sold on the premises shall not consume more than one-fifth of all advertising space for all
products sold on the premises; package stores operating as such are exempted.
(Ord. No. 95,-03, ~ 3-3-28, 5-1-95)
-
Sec. 6-57. Misrepresentation of alcoholic beverages.
It shall be unlawful for licensees hereunder or their agents to add to the contents
of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity,
quality or brand name of any alcoholic beverage.
(Ord. No. 95-03, ~ 3-3-29, 5-1-95)
Sec. 6-58. Coin-operated; similar machines prohibited.
No retail dealer in packaged distilled spirits shall permit on his premises any slot
machine or mechanical music box or pinball machine of any kind or character or any
machine operated for amusement purposes.
(Ord. No. 95-03, ~ 3-3-30,5-1-95)
Sec. 6-59. Serving of drinks by employees only.
Drinks or packages hereunder shall be served only by employees of the
establishment.
(Ord. No. 95-03, ~ 3-3-31, 5-1-95)
-
Sec. 6-60. Exotic dancing in connection with pouring license.
It shall be unlawful for any licensee who sells alcoholic beverages by the drink to
17
ORDINANCE # 2004-27
permit professional belly dancers, strip dancing, exotic dancing, or any exhibition of any
like kind by whatever name called in connection with the operation of a restaurant,
lounge, or private club, as defined herein.
(Ord. No. 95-03, ~ 3-3-32, 5-1-95)
...
Sec. 6-61. Hours of operation.
(a) Package, distilled spirits. Licensees in package distilled spirits shall not
sell except between the hours of 8:00 a.m. and 11 :45 p.m., Monday through Saturday.
(b) Package, wine and malt beverages. Licensees in package wine and malt
beverages shall not sell except between the hours of 8:00 a.m. and 2:00 a.m., Monday
through Friday (Saturday morning), and 8:00 a.m. through 11 :45 p.m. on Saturday.
(c) Pouring. distilled spirits and pouring, wine and malt beverages. Licensees
in pouring distilled spirits and licensees in pouring wine and malt beverages shall not sell
except between the hours of 8:00 a.m. to 2:00 a.m., Monday through Friday (Saturday
morning), and Saturday 8:00 a.m. through 2:55 a.m. (Sunday morning). This section shall
apply to private clubs as well. Provided that, these hours may be extended as provided by
a special sales permit and Sunday sales permit as described in this chapter.
(d) Wholesalers. Business hours of any wholesaler licensed hereunder shall be
limited to the hours from sunup to 9:00 p.m., exclusive of Sunday. No wholesaler shall be
open on Sunday.
...
( e) Christmas Day. Regardless of the license held, including Sunday sales
permits or late hours permits, licensees in package or pouring distilled spirits or wine and
malt beverages shall not sell on Christmas Day, which for this purpose begins at 12:01
a.m. on Christmas Day.
(f) Election days. The sale of alcoholic beverages in the city shall be
permitted on election days, as the same are defined in O.C.G.A. ~ 3-3-20.
(g) Thanksgiving Day. Licensees in package distilled spirits shall not sell on
Thanksgiving Day. (Ord. No. 95-03, ~ 3-3-33, 5-1-95)
Sec. 6-62. Sunday sales permit.
(a) In addition to the hours of operation specified in this chapter, licensees in
pouring distilled spirits and licensees in pouring wine and malt beverages may sell and
serve on Sundays from 12:30 p.m. until 12:00 midnight, provided the licensee applies for
and receives a Sunday sales permit for such sales from the city. The licensee must also
hold a city alcoholic beverage pouring license. The hours of operation may be extended
for New Year's Eve when the holiday falls on Sunday to allow licensees who also hold a
Sunday sales permit to sell and serve alcoholic beverages until 2:55 a.m. on Monday.
...
18
ORDINANCE # 2004-27
-
(b) Such applicants shall complete a form furnished by the city, supplying
such information as may be requested. Prior to permit issuance, the applicant must make
available records for audit purposes to determine and verify if the establishment is
meeting all requirements prescribed in this chapter. The permit may be denied or
removed for failure to so conform or failure to produce satisfactory evidence of
conforming.
(c) All annual permit renewals shall be made in the same manner and during
same time periods as other alcoholic beverage license renewals. All renewals are subject
to audit prior to being renewed to ensure compliance with this section. All renewal
applications shall be accompanied by a statement by a certified public accountant that no
more than 50 percent of sales are derived solely from the sale of alcoholic beverages.
(d) No Sunday sales permit is transferable.
(e) A fee for issuance of the Sunday sales permit may be established and/or
changed from time to time by the governing body by resolution, and a schedule of fees
shall be maintained in the office of the city clerk.
-
(f) The Sunday sales permit shall be subject to any requirements in this
chapter pertaining to enforcement and revocation proceedings and shall be automatically
revoked if the alcoholic beverage pouring license is revoked.
(Ord. No. 95-03, ~ 3-3-34, 5-1-95; Ord. No. 95-24, 12-18-95)
State Law References: Local authorization and regulation of sales of alcoholic beverages on
Sunday, a.c.G.A. S 3-3-7; sale of alcoholic beverages on Sundays, election days and Christmas Day,
a.c.G.A. ~ 3-3-20.
Sec. 6-63. Special late hours permit.
(a) In addition to the hours of operation specified in this chapter, licensees in
pouring distilled spirits and licensees in pouring wine and malt beverages may sell and
serve during the hours of 2:00 a.m. and 4:00 a.m., Monday through Friday (Saturday
morning), provided the establishment applies for and receives a special late hours permit
for such sales from the city. The licensee must also hold a city alcoholic beverage
pouring license.
-
(b) Such an licensee is authorized to apply for a special after hours sales
permit. Applicants for such a permit shall complete a form furnished by the city,
supplying such information as may be requested. Prior to permit issuance, the applicant
must make available records for audit purposes to determine and verify if the
establishment is meeting all requirements prescribed in this chapter. The permit may be
denied or removed for failure to so conform or failure to produce satisfactory evidence of
conforming.
19
ORDINANCE # 2004-27
(c) All annual permit renewals shall be made in the same manner and during
same time periods as other alcoholic beverage license renewals. All renewals are subject
to audit prior to being renewed to ensure compliance with this section. All renewal
applications shall be accompanied by a statement by a certified public accountant that no
more than 50 percent of sales are derived solely from the sale of alcoholic beverages.
...
(d) No special late hours sales permit is transferable.
(e) A fee for issuance of the special late hours sales permit may be established
and/or changed from time to time by the governing body by resolution, and a schedule of
fees shall be maintained in the office of the city clerk.
(f) The special late hours sales permit shall be subject to any requirements in
this chapter pertaining to enforcement and revocation proceedings and shall be
automatically revoked if the alcoholic beverage pouring license is revoked.
(Ord. No. 95-03, ~ 3-3-35, 5-1-95)
Sec. 6-64. Time limit on vacating premises after close.
In all locations licensed to serve alcoholic beverages by the drink, both public and
private, said premises must be vacated of customers within 30 minutes of the time of
closing as established by this chapter.
(Ord. No. 95-03, 93-3-36,5-1-95)
-
Sec. 6-65. Clear view of entrance and interior of licensed premises.
(a) No licensee for the sale of alcoholic beverages by the package shall
operate under said license unless the front entrance to the licensed premises is clearly
visible from the public street.
(b) No screen, blind, curtain, partition, article or thing which shall prevent a
clear view into the interior shall be permitted in the window or upon the doors of any
retail store for the sale of alcoholic beverages by the package, and no booth, screen,
partition or other obstruction shall be permitted within the interior of any such store. Each
such store shall be so lighted that the interior of the store is visible day and night.
(Ord. No. 95-03, ~ 3-3-37, 5-1-95)
Sec. 6-66. Drive-in service window.
Packaged wine and malt beverages may be dispensed from a drive-in service
window, provided said window is located so as to be clearly visible from adjacent streets.
(Ord. No. 95-03, ~ 3-3-38, 5-1-95)
Sec. 6-67. Private residential group club defined.
-
20
ORDINANCE # 2004-27
-
(a) There is hereby established a classification to be known as a "private
residential group club," which shall be defined as:
(1) A freestanding building in which no dwelling is located;
(2) Existing within a residential complex which has in excess of more than
500 residential units;
(3) Having only one person, partnership, corporation, or legal entity as the
owner of record of said complex units entirety;
(4) With security services to insure the integrity of the complex;
(5) Established solely for the exclusive use of the residents of the complex in
which it is located or their registered guest.
(b) The distance requirements contained elsewhere in this chapter shall not
apply to a private residential group club, provided however, the same shall not be located
within 200 feet of a dwelling located within said complex, nor shall it be located within
500 feet of any dwelling, church, school, or public building outside said complex, by any
means of measurement.
-
(c) Upon approval of the mayor and council of the city, and application and
qualification of the license holder as elsewhere required in this chapter, alcoholic
beverages may be sold at a private residential group club, provided:
(1) Such sale shall not be conducted after 11:00 p.m.;
(2) Such sale is made only to residents of the complex in which the club is
located or their invited registered guest; and
(3) Such sale is made in accordance with the other ordinances regulating the
sale of alcoholic beverages by a licensee in the city.
In the event this section shall conflict with any other ordinance regulating the sale of
alcoholic beverages within the city, this section shall control as it applies to a private
residential group club.
(Ord. No. 95-03, ~ 3-3-9, 5-1-95)
Sec. 6-68. Compliance with sanitary and fire protection regulations; inspections.
-
(a) All licensed premises shall be kept clean and in proper sanitary condition
and in full compliance with the provisions and regulations of the health department of the
county. Licensee shall not permit any disturbance of the peace or obscenity or any lewd,
immoral or improper entertainment, conduct or practice on said premises.
21
ORDINANCE # 2004-27
(b) The fire department shall inspect such premises and report its findings to
the governing body. All premises licensed hereunder shall conform at all times with all
fire regulations of the city.
(Ord. No. 95-03, ~ 3-3-40, 5-1-95)
....
Sec. 6-69. Sale to certain persons prohibited.
(a) No licensee or employee hereunder shall sell any alcoholic beverage to
any person under the age of 21 years or to any person in an intoxicated condition or to
any person known to such licensee or employee to be of intemperate habits or of unsound
mind. It shall be the responsibility of the licensee or employee to examine the proper
identification of patrons to be certain that all such persons are of legal age. 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 includes, without being limited to, a passport, military identification
card, driver's license, or an identification card authorized under O.C.G.A. ~~ 40-5-] 00--
40-5-] 04. "Proper identification" shall not include a birth certificate.
(b) Any person ] 7 years of age or older charged with violating this section
shall be entitled on request in municipal court to have the case transferred to the state
court of this county.
(c) Any person ] 7 years of age or older arrested for violating this section shall
be fingerprinted in accordance with O.C.G.A. ~~ 35-3-33 and 35-3-35.
....
(d) Any person 17 years of age or older convicted of violating this section
shall be guilty of a misdemeanor and subject to a fine or other punishment as defined in
section ] -8 of this Code, unless otherwise provided for in this Code or the Official Code
of Georgia Annotated.
(e ) For the purpose of this section, any person under the age of 21 years shall
be considered a minor.
(Ord. No. 95-03, ~ 3-3-41, 5-1-95)
State Law References: Sale or furnishing of alcoholic beverages to intoxicated persons, a.c.G.A.
~ 3-3-22; furnishing alcoholic beverages to persons under 21 years of age, a.c.G.A. ~S 3-3-23, 3-3-23.].
Sec. 6-70. Minors on licensed premises prohibited.
Except as authorized by state law, no person who holds a license to sell alcoholic
beverages shall allow any minor to be in, frequent or loiter about the premises of the
licensee unless such minors are accompanied by a parent or legal guardian; provided,
however, such minors shall be permitted in restaurants or private clubs as defined herein
without being accompanied by a parent or legal guardian; and provided further, this
section shall not apply to minors who are employees as authorized under the terms of this
chapter.
(Ord. No. 95-03, ~ 3-3-42, 5-1-95)
....
22
ORDINANCE # 2004-27
~
Sec. 6-71. Alcoholic use by persons under age.
(a) It shall be unlawful for any person under the age of 21 years to purchase,
consume or possess any alcoholic beverage.
(b) It shall be unlawful for any person to keep or maintain a place where
persons under the age of 21 years knowingly are allowed and permitted to come and
purchase, consume or possess any alcoholic beverage.
(c) It shall be unlawful for any person to buy any alcoholic beverage and
furnish it to a person under the age of 21 years.
(d) It shall be unlawful for any person under the age of 21 years to purchase,
consume or possess any alcoholic beverage under authority of a false, fictitious or altered
form of identification.
(e) Any person 17 years of age or older convicted of violating this section
shall be guilty of a misdemeanor and subject to a fine or other punishment as defined in
section 1-8 of this Code, unless otherwise provided for in this Code or the Official Code
of Georgia Annotated.
-
(f) Any person 16 years of age or under charged with violating this section
shall be referred to the juvenile court of this county.
(g) Any person 17 years of age or older charged with violating this section
shall be entitled on request to have the case transferred to the state court of this county.
(h) Any person 17 years of age or older arrested for violating this section shall
be fingerprinted in accordance with O.c.G.A. ~~ 35-3-33 and 35-3-36.
(i) Any person 17 years of age or older arrested for violating this section shall
be entitled to be released on a driver's license bond in accordance with O.c.G.A. ~~ 3-3-
23.1 and 17-6-11.
0) The prohibitions contained in subsections (a), (b) or (c) 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 prescnptIon of a physician duly
authorized to practice medicine in this state;
(2) At a religious ceremony; or
-
(3)
When possession or consumption by a person under the age of 21 years
takes place in the home of the person's parent or legal guardian and such
parent or legal guardian is present.
23
ORDINANCE # 2004-27
(Ord. No. 95-03, ~ 3-3-43, 5-1-95)
--
See. 6-72. Prohibited activities.
(a) No alcoholic beverages shall be sold, possessed, or consumed by any
person in any school building or on any school ground.
(b) No alcoholic beverages shall be sold, possessed or consumed by any
person in any city park except at a closed function as defined herein.
(c) It shall be unlawful for any person to consume or to have in his or her
possession while driving or operating any vehicle on any public road or street any
alcoholic beverage in any open or unsealed original container or cup, can, bottle or other
open or unsealed container.
(Ord. No. 95-03, ~ 3-3-44, 5-1-95)
(d) No alcoholic beverage shall be sold, bartered, exchanged, given, provided,
or furnished to any person who is in a state of noticeable intoxication.
Sees. 6-73. Retail sale of kegs; required labeling; removal of labels
(a) As used in this Code section, the term:
(1) "Keg" means any brewery-sealed container or barrel containing, by liquid
volume, more than two gallons of malt beverage.
(2) "Retail dealer," "retail licensee," or "licensee" means a person holding either a
retail dealer license, a permit issued by the commissioner authorizing the sale of alcoholic
beverages for consumption only on the premises for a period not to exceed one day, or a
beverage alcohol caterer license.
(b) No person licensed under this chapter shall sell malt beverages at retail by the keg
except as provided in subsections (c ), (d), and (e) of this Code section. The commissioner
may take punitive action against violators, up to and including revocation of the state
retail dealer's license of any licensed retail dealer who fails to comply with this Code
section. The undertaking of any punitive action allowed under this Code section shall not
prohibit criminal prosecution for sale to underage persons.
(c) Each retail licensee selling kegs containing malt beverages for consumption off
licensed premises shall require each keg purchaser to present a Georgia driver's license or
other proper identification at the time of purchase. The licensee shall record for each keg
sale: the date of sale; the size of keg; the keg identification number; the amount of
container deposit; the name; address; date of birth of the purchaser; and the form of
identification presented by such purchaser. The purchaser shall sign a statement at the
time of purchase attesting to the accuracy of the purchaser's name and address, the
location where the contents of the keg will be consumed, and acknowledging that a
violation of 0. C. G.A. Section 3-3-23, as it relates to furnishing alcoholic beverages to
persons under the age of 21 years, may result in civil liability, criminal prosecution, or
both. The licensee shall retain the identification form and purchaser's signed statement
--
-
24
ORDINANCE # 2004-27
,.-.
attesting to the accuracy of the purchaser's name and address and acknowledging that a
violation of a.c.G.A. Section 3-3-23, as it relates to furnishing alcoholic beverages to
persons under the age of 21 years, may result in civil liability, criminal prosecution, or
both, for a minimum of six months following the sale of the keg.
(d) Each keg sold at retail for consumption off licensed premises shall be labeled with
the name and address of the retail licensee, the keg identification number, and the state
alcohol license number of the business. The Department of Revenue will prescribe the
form of registration label or tag to be used for this purpose. The registration label or tag
shall be supplied by the Department of Revenue without fee and securely affixed to the
keg by the licensee making the sale. In addition to the label or tag, the Department of
Revenue shall provide guidelines to the licensee on the information to be recorded on the
identification form required under subsection (c) of this Code section.
(e) The licensee shall record the date of return of the keg on the identification form
required under subsection (c) of this Code section. If there is no label or tag affixed to the
keg or if the identification number is not legible, the licensee shall indicate this fact on
the identification form required under subsection (c) of this Code section. The licensee
shall not refund a deposit for a keg that is returned without the required label or tag and
identification number intact and legible.
(D The removal of the required label shall be unlawful until such time that it is
lawfully returned to the retailer by the purchaser. Possession of a keg without the
required label and identification number shall be unlawful and subject to penalty pursuant
to Code Section 6-162.
-
Sees. 6-74--6-100. Reserved.
DIVISION 2.
APPLICATION
See. 6-101. Generally.
(a) No license shall be approved by the governing authority for any applicant
who has not complied with the application provisions of this article.
(b) In addition to other application and licensing provisions as set forth in this
article, it is the policy of the city that any license for the sale of alcoholic beverages shall
be applied for by, and be issued to, an owner who is a full time employee and, if not, then
by and jointly to the owner and an agent who is a full time employee responsible for the
sale of alcoholic beverages as prescribed in this chapter, on the premises applied for or on
other such premises in the county owned by the owner.
(1)
Where the applicant is a sole proprietor, any license for the sale of
alcoholic beverages shall be applied for by, and shall be issued to, the sole
proprietor if the sole proprietor is a full time employee and, if not, then by
and jointly to the sole proprietor and an agent who is a full time employee
--
25
ORDINANCE # 2004-27
responsible for the sale of alcoholic beverages as prescribed in this
chapter, on the premises applied for or on other such premises in the
county owned by the sole proprietor.
--
(2) Where the applicant is a partnership, any license for the sale of alcoholic
beverages shall be applied for by, and shall be issued to, the partnership
together with either a majority partner who is a full time employee and, if
not, then by and jointly to a majority partner and an agent who is a full
time employee responsible for the sale of alcoholic beverages as
prescribed in this chapter, on the premises applied for or on other such
premises in the county owned by the partnership.
(3) Where the applicant is a corporation, whether publicly traded or privately
held, any license for the sale of alcoholic beverages shall be applied for
by, and shall be issued to, the corporation together with an agent who is a
full time employee responsible for the sale of alcoholic beverages as
prescribed in this chapter, on the premises applied for or on other such
premises in the county owned by the corporation.
(4)
Where the owner is a private club, any license for the sale of alcoholic
beverages shall be applied for by, and shall be issued to, the private club
together with an officer of said club who is a full time employee and. if
not, then by and jointly to the private club together with an agent who is a
full time employee responsible for the sale of alcoholic beverages as
prescribed in this chapter, on the premises applied for or on other such
premises in the county owned by the private club.
(Ord. No. 95-03, ~ 3-2-1, 5-1-95; Ord. No. 97-16, 12-1-97)
--
Sec. 6-102. Written format.
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; Ord. No. 2003-17, 5-19-03)
Sec. 6-103. Contents.
The written application upon the prescribed forms shall include each of the
following:
(1) Information on the type of alcoholic beverage license sought.
(2) Infonnation on the location which will be the site of the license sought, as
follows:
--
26
-
-
ORDINANCE # 2004-27
a.
The street address of the premises;
b. The name(s), home addressees), and home phone number(s) of the
owner(s) of the premises;
c. Plans and renderings of the proposed premises, unless the city
clerk certifies that such plans and renderings are on file, and the
applicant certifies that such plans and renderings are correct;
d. A certification of zoning from the city certifying that the place of
the proposed business is properly zoned therefor; and
e.
A certificate from a registered surveyor showing a scale drawing of
the location of the proposed premises and the distance to the
nearest school located within 600 feet, and to the nearest church,
library, park, public building, or residence located within 300 feet,
by the most direct route of travel on the ground; such scale
drawing shall also show the distance from any part of the proposed
premises to the nearest property line of the school, church, park,
public building, library, or residence located within 100 feet, as
measured by a straight line from the nearest point of the premises
to the property line.
(3) Information on the business at the location of the proposed licensed
premises, as follows:
a. The name, street address, and phone number of the business;
b. A description of the nature and character of the business; and
c. A copy of the warranty deed if the business owns the premises; if
the business leases the premises, a copy of the lease agreement.
(4) Information on the applicant, as follows:
-
a.
If a sole proprietor, then from the sole proprietor the name, home
address, home phone number, date of birth, social security number,
county of residency and country of citizenship, a statement of
arrests; and, in addition, if the sole proprietor does not meet the
citizenship or residency requirements of this article or is not a full
time employee, then the same information is also required for an
agent who is a full time employee, provided that the person so
named must meet all requirements of this article;
b. If a partnership, then for each partner owning ten percent or more,
27
ORDINANCE # 2004-27
the name, home address, home phone number, date of birth. social
security number, county of residency and length of residency,
country of citizenship, percent of ownership, and a statement of
arrests; and, in addition, if no such partner is a full time employee,
then the same information is required for an agent who is a full
time employee, provided that the person so named must meet all
requirements of this article;
-
c. If the applicant is a publicly traded corporation, then the corporate
name, corporate chief executive officer, corporate address, and
corporate phone number; and in addition if the corporate chief
executive officer is not a full time employee, then for an agent who
is a full time employee, the name, home address. home phone
number, date of birth, social security number, county of residency
and length of residency, country of citizenship and a statement of
arrests, provided that the person so named must meet all
requirements of this chapter;
d.
If the applicant is a privately held corporation, then the corporate
name, corporate chief executive officer, corporate address, and
corporate phone number; and for each person owning ten percent
or more, the name, home address, home phone number, date of
birth, social security number, length of residency in the county.
country of citizenship, percent of ownership, and a statement of
arrests; and in addition if no such owner is a full time employee.
then for an agent who is a full time employee, the name, home
address, home phone number, date of birth, social security number,
county of residency and length of residency, country of citizenship,
and a statement of arrests, provided that the person so named must
meet all requirements of this chapter; and
~
e. If the applicant is a private club, then the private club name,
private club chief executive officer, private club address. private
club phone number, and a statement of arrests for the chief
executive officer; and in addition if the chief executive officer is
not a full time employee, then for an agent who is a full time
employee, the name, home address, home phone number, date of
birth, social security number, county of residency and length of
residency, country of citizenship, and a statement of arrests.
provided that the person so named must meet all requirements of
this chapter.
(5) Reserved.
~
28
ORDINANCE # 2004-27
,-
(6)
The applicant shall furnish such other data, information or records as may
be required by the governing body or its authorized officers in order to
make a determination whether the applicant or agent meets the
requirements of this article.
(7) The application must be sworn to by the applicant.
(8) In instances where the ownership of an existing licensed location is the
same but the agent has changed, the new agent must apply, and all
application provisions of this chapter shall apply, except that only
information on the new agent shall be required on an abbreviated form
provided through the city clerk or other designated official; provided that,
a copy of the most recently approved application shall be attached; and
further provided, that a certification must be made by the ownership or
legally authorized designee other than the new agent, that all previous
information on the most recently approved application remains true and
correct to the best knowledge of the applicant.
(Ord. No. 95-03, ~ 3-2-3,5-1-95; Ord. No. 97-16, 12-1-97)
Sec. 6-104. Fees.
-
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, ~ 3-2-4,5-1-95; Ord. No. 2003-17,5-19-03)
Sec. 6-105. Producing persons for oral interrogation.
Applicants by filing an application agree to produce for oral interrogation any
person or persons requested by the governing body or authorized officers when such
persons are considered important in the ascertainment of the facts relative to such license
application.
(Ord. No. 95-03, ~ 3-2-5, 5-1-95)
Sec. 6-106. Time limit for furnishing information.
All applicants for an alcoholic beverage license shall furnish all data, information,
records or persons requested of them by the mayor and councilor its authorized officers,
and the failure to furnish such data, information and records within 30 days from the date
of such request shall automatically serve to dismiss the application.
(Ord. No. 95-03, ~ 3-2-6,5-1-95)
,....
Sec. 6-107. Authorized officers.
29
ORDINANCE # 2004-27
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, ~ 3-2-7, 5-1-95; Ord. No. 2003-17, 5-19-03)
---
Sec. 6-108. False information.
Any material omission or untrue or misleading information contained in or left
out of an application shall be cause for the denial thereof, and, if any license has
previously been granted under these circumstances, such false information or omission
shall constitute cause for the revocation of the license.
(Ord. No. 95-03, ~ 3-2-8, 5-1-95)
Sec. 6-109. Investigation by police department.
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 infonnation 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, ~ 3-2-9, 5-1-95; Ord. No. 2003-17, 5-19-03)
-
Sec. 6-110. Investigation by city building inspector.
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, ~ 3-2-10, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-111. Investigation by finance officer.
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,
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
......
30
ORDINANCE # 2004-27
....
owing to the city.
(Ord. No. 95-03, ~ 3-2-11,5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-112. Time limit for city to process.
The city may require 45 days for processing any application for an alcoholic
beverage license required under this article.
(Ord. No. 95-03, ~ 3-2-12,5-1-95)
Sec. 6-113. Public notices of intent and of hearing.
(a) 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 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.
......
(b) Where the proposed location has been vacant for one year or more or has
never been licensed to sell alcoholic beverages, the applicant shall place or cause to be
placed upon the location for which a license to sell alcoholic beverages is to be conducted
a sign stating the following:
"Alcoholic beverage license [type] applied for. Hearing before mayor and
council of the City of Smyrna, Georgia, on the day of
19 ,at 7:30 p.m."
(c) The sign or signs shall not be less than 12 inches by 12 inches in size and
shall face toward all public streets, alleys, sidewalks, or other public property which
adjoin or adjoins the location wherein alcoholic beverages are to be sold. Signs shall be
displayed for a period of not less than ten days prior to the scheduled hearing.
(d) Payment to cover the cost of newspaper advertisement and sign shall be
made as required in this article.
(Ord. No. 95-03, ~ 3-2-13, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-114. Public hearing on application.
-
(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
31
ORDINANCE # 2004-27
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
of the 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, ~ 3-2-14, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-115. Appearance of applicant.
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, ~ 3-2-15, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sec. 6-116. Denial of License
The governing body or hearing officer shall 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:
(1)
The applicant has been adjudicated as incompetent or insane, or has
insufficient mental capacity to conduct the business for which the
application is made.
.....,
(2) The applicant has been discharged from any military serVice under
dishonorable conditions.
(3) The applicant, as a previous or current holder of a license to sell alcoholic
beverages, has been convicted of violating any laws, ordinances, or
regulations regulating such business if such conviction or arrest occurred
within a five-year period immediately preceding the date of application.
The term "conviction" shall include an adjudication of guilt, a plea of
guilty or nolo contendere or the forfeiture of bond when charged with a
crime. If there is an arrest and charges are still pending, then action shall
be postponed until the charges are adjudicated.
(4)
The applicant, within a five-year period preceding the date of application,
shall have been convicted for any felony charged under any of the laws of
the several states or of the United States. The term "conviction" shall
include an adjudication of guilt, a plea of guilty or nolo contendere or the
forfeiture of bond when charged with a crime. If there is an arrest and
charges are still pending, then action shall be postponed until the charges
are adjudicated.
.....,
32
ORDINANCE # 2004-27
"",...
(5)
The applicant has been convicted of more than one misdemeanor,
including traffic violations, involving the use or abuse of any alcoholic
beverage, opiate or drug, within the three years preceding the application.
The term "conviction" shall include an adjudication of guilt, a plea of
guilty or nolo contendere or the forfeiture of bond when charged with a
crime. If there is an arrest and charges are still pending, then action shall
be postponed until the charges are adjudicated.
(6) The applicant is on parole from any governing authority.
(Ord. No. 95-03, ~ 3-2-16,5-1-95; Ord. No. 2003-17, 5-19-03)
(7) Any license authorizing the sale of alcoholic beverages at the location for
which the present license is sought is at the time the application is filed,
under suspension.
(8) Any license authorizing the sale of alcoholic beverages at the location for
which the present license is bought has been revoked within six months of
the date that the application is filed.
Sec. 6-117. Reports from investigations.
....
No license shall be issued unless the investigations by the police department, city
building inspector, finance officer, or as are otherwise required or may be appropriate to
the purposes of this article, have been completed and a satisfactory report has been
issued.
(Ord. No. 95-03, ~ 3-2-17, 5-1-95)
Sec. 6-118. Distance from certain locations.
(a) It is the policy of the city that, in keeping with the purposes of this article,
any premises proposed for license for the sale of alcoholic beverages shall be at a suitable
distance from a school, church, park, public building, library, and residence.
(b) A suitable distance shall be as follows:
(1) For a license for package distilled spirits, a suitable distance is 600 feet
from a school, and 300 feet from a church, park, public building, library,
or residence.
(2)
For a license for pouring distilled spirits, a suitable distance is 600 feet
from a school, and 200 feet from a church, park, public building, library or
residence; provided, however, that in no event shall any part of the
proposed premises be located closer than 100 feet from the property line
of the school, church, park, public building, library, or residence,
--
(3) For a license for package wine and malt beverages, a suitable distance is
33
ORDINANCE # 2004-27
600 feet from a school, and 300 feet from a church, park, public building,
or library; provided that the distance from a church, park, public building,
or library shall be waived when the applicant is a grocery store.
~
(4) For a license for pouring wine and malt beverages, a suitable distance is
600 feet from a school, and 200 feet from a church, park, public building,
library or residence; provided, however, that in no event shall any part of
the proposed premises be located closer than 100 feet from the property
line of the school, church, park, public building, library, or residence,
(5) For a license for wholesale, or for a license for manufacture, a suitable
distance is 600 feet from a school, and it is 600 feet from a church, park,
public building, library, or residence.
(6) Within the area defined as Smyrna Central Downtown, a license for the
pouring of distilled spirits or for pouring wine and malt beverages, it shall
be 100 feet from a school, and 100 feet from a church, and no distance
requirement from a residence, park, public building or library.
(7)
Within the area defined as Smyrna Central Downtown, a license for
package wine and malt beverages, a suitable distance shan be 300 feet
from a church, and no distance requirement from a residence, park, public
building, or library.
-.
(c) The measurement of suitable distance, unless otherwise specified in this
chapter, shall be defined as:
(1) The measure in lineal feet of the most direct route of travel on the ground
by a pedestrian from the center of the nearest door of customer entry of the
proposed license premises to the nearest property line of the church,
school, park, public building, library, or residence. Such travel shall be
measured as a straight line from the customer door to the property line and
is not required to follow a line running along the nearest sidewalk or street
route; provided that, when a straight line of travel would not be a
customary and reasonable line of travel because of obstacles to such
travel, the line of travel shall be angled around such obstacles and the
distance shall be the sum of the segments ofthe line.
(2)
Except as otherwise specified herein, the measurement of suitable distance
within the Smyrna central downtown shall be defined as the measure in
lineal feet of the most direct route of travel on the ground by a pedestrian
from the center of the front door of customer entry of the proposed license
premises to the front door of the church, school, public building, library
and/or residence, and the nearest property line of a park. Such travel shall
be measured as a straight line from front door to front door and is required
to follow a line running along the nearest sidewalk or street route;
--
34
ORDINANCE # 2004-27
,..
provided that, when a straight line of travel would not be a customary
legal reasonable line of travel because of obstacles to such travel, the line
of travel shall be angled around such obstacles and the distance shall be
the sum of those segments of lines.
(d) After issuance of any license, no change in the location of a customer
entry shall be made which would affect compliance with any distance requirements of
this article.
(e) An application for a new license on an existing licensed location, or on a
previously licensed location for a period of one year from expiration of the previous
license to the date of application, shall not be required to comply with the distance
requirements from a school, church, park, public building, library, or residence. An
application filed under this section shall meet and qualify under all other requirements of
this article for the granting of a new license.
(Ord. No. 95-03, ~ 3-2-18, 5-1-95; Ord. No. 2001-0917A, 9-17-01; Ord. No. 2001-
0917B, 9-17-01; Ord. No. 2003-10,2-17-03)
State Law References: Similar provisions, a.c.G.A. ~ 3-3-21.
Sec. 6-1190 Cith:e.!)ship and residency,
~
No Eceme shall !Je granted to any applicant or remain held by any licensee or
agent whe i~ P.!Jt a citizen of the United States and who is not a resident within the State
of Georgia; provided that an owner who does not meet this requirement may do so
through an agent who does.
(Ord. No. 95-03, ~ 3-2-19, 5-1-95; Ord. No. 97-16, 12-1-97)
Sec. 6-120. Corpo"ate registration.
No license shall be granted to any applicant who is a corporation or off.l~er the:eof
who is pot ::-~giste!"~d or domesticated with the (:orpora60ns commissioner of th~ ');!1ce of
the Secreta.)' of S!1te of Georgia.
(Ord. No. 95-03, ~ 3-2-20, 5-1-95)
Sec. 6~121. Applicant as guise.
(a) Reserved,
(b) No license shall be granted to an applicant if it appears to the governing
body that another person who mayor may not be eligible for a license is using the
appli(:a~t as a guise :0 cbtain a license.
(O~d. No. 95-03, ~ 3-2-21,5-1-95; Ord. No. 2001-0917D, 9-17-01)
Sec" 6-122, Age.
~
No license shaH 'Je granted to an applicant if the applicant shall not have attained
the age of 21.
. 35
ORDINANCE # 2004-27
.--
provided that, when a straight line of travel would not be a customary
legal reasonable line of travel because of obstacles to such travel, the line
of travel shall be angled around such obstacles and the distance shall be
the sum of those segments of lines.
(d) After issuance of any license, no change in the location of a customer
entry shall be made which would affect compliance with any distance requirements of
this article.
(e) An application for a new license on an existing licensed location, or on a
previously licensed location for a period of one year from expiration of the previous
license to the date of application, shall not be required to comply with the distance
requirements from a school, church, park, public building, library, or residence. An
application filed under this section shall meet and qualify under all other requIrements of
this article for the granting of a new license.
(Ord. No. 95-03, ~ 3-2-18, 5-1-95; Ord. No. 2001-0917A, 9-17-01; Ord. No. 2001-
0917B, 9-17-01; Ord. No. 2003-10, 2-17-03)
State Law References: Similar provisions, a.c.G.A. ~ 3-3-21.
Sec. 6-1190 Cit!z~!!shjp and residency.
.--
No Ecem,e shall !Je granted to any applicant or remain held by any licensee or
ager-t who i~ P..'Jt a citizen of the United States and who is not a resident within the State
of Georgia; provided that an owner who does not meet this requirement may do so
through an agent who does.
(Ord. No. 95-D3, ~ 3-2-19, 5-1-95; Ord. No. 97-16, 12-1-97)
Sec. 6-120. Corpo"ate registration.
No license shall be granted to any applicant who is a corparation or of:5:::er !he:eof
who is PO~ ::-egiste!'~d cr domesticated with the ~orporat]ons commissioner cf th~ ,:,~:B.ce of
the Secreta...)' of St?te of Georgia.
(Ord. No. 95-03, '~ 3-2-20, 5-1-95)
Sec. 6-121. Applicant as guise.
(a) R~served,
(b) No license shall be granted to an applicant if it appears tc the governing
body that another person who may or may not be eligible for a license is using the
applicaat as a guise to cbtain a license.
(O~d. No. 95-03, ~ 3-2-21, 5-1-95; Ord. No. 2001-0917D, 9-17-01)
Sec, 6-122, Age.
.--
No license s!lall1:Je granted to an applicant if the applicant shall not have attained
the age of 21.
35
ORDINANCE # 2004-27
(Ord. No. 95-03, ~ 3-2-22, 5-1-95)
.-,
Sec. 6-123. Wholesale license.
(a) No license for retail sales shall be granted to an applicant who has any
direct financial interest in a license for the sale of alcoholic beverages at wholesale.
(b) No license for retail sales shall be granted to an applicant who is related to
any distributor or wholesaler of alcoholic beverages or employees thereof, within the first
degree of consanguinity or affinity as computed according to civil law.
(Ord. No. 95-03, ~ 3-2-23, 5-1-95)
See, 6-124. Pouring requirements.
No pouring license shall be issued to, or held by, any applicant unless at least 50
percent of the business by volume, when considering the total of sales from alcoholic
beverages and food prepared to be consumed on the premises, shall be from the sale of
prepared foods to be consumed on the premises.
(1)
All establishments licensed to pour shall submit a quarterly audit showing
the sales of alcoholic beverages and food prepared on the premises and
nonalcoholic drinks to the city business license office no later than at the
time of renewal for the coming license year.
...
(2) Authorized officials of the city may examine the records of applicants at
any reasonable time to ascertain that the requirements of this section are
met.
(3) The dining area or serving area of the applicant must have a minimum
seating capacity of 40.
(Ord. No. 95-03, ~ 3-2-24, 5-1-95)
Sec. 6-125. City officials and employees and family prohibited.
It shall be unlawful for any elected city official, full-time appointed city official,
any city employee, or the immediate family thereof, to have a license to sell alcoholic
beverages in the city.
(Ord. No. 95-03, ~ 3-2-25, 5-1-95)
Sec. 6-126. Time limits for obtaining and using.
(a) A license must be obtained and fees paid not later than 30 days from the
date of the approval of the application by the governing body, and, if not so obtained, the
license granted by the governing body shall be void.
...
36
ORDINANCE # 2004-27
II'-
(b) A holder of a license must within six months after the issuance of the
license open for business the establishment referred to in the license. Failure to do so
shall serve as an automatic forfeiture and cancellation of the unused license, unless the
holder shall appeal to and be granted an extension by the governing body. No refund of
license fees shall be made.
(c) A holder of a license who shall begin the operation of the business as
authorized in the license, but who shall for a period of three consecutive months
thereafter cease to operate the business, shall have automatically forfeited the license. No
refund of license fees shall be made.
(d) Where a building in which a retailer intends to operate under the
provisions of this article is, at the time of the application for such license, not in existence
or not yet completed or renovated, a license may be issued for such location, provided the
plans for the proposed building show clearly a compliance with the other provisions of
this article. No sales or consumption shall be allowed in such establishment until it has
been completed in accordance with said plans and is in conformity with all of the other
provisions of this article.
(Ord. No. 95-03, ~ 3-2-26,5-1-95)
Sec. 6-127. Time limit on reapplication.
.... When an application is denied for cause or any license is revoked for cause by the
governing body, it shall be unlawful for the city clerk to accept or for the governing body
to consider any application for an alcoholic beverage license from the applicant who was
previously denied, or from the agent or applicant whose license was previously revoked,
within 12 months from the date of application.
(Ord. No. 95-03, ~ 3-2-27, 5-1-95)
Sec. 6-128. Restriction upon transfers.
Licenses shall not be transferable.
(Ord. No. 95-03, ~ 3-2-28,5-1-95)
Section 6-129, Mandatory workshop for licensee; mandatory training for permit
holders,
(a) Licensee policy workshop
(1)
Effective January 1, 2005, all applicants for an alcoholic beverage
license shall attend one alcohol sales and service policy workshop for
owners and managers which workshop shall be from a list approved by
the city. The applicant shall attend such workshop prior to the issuance of
any alcoholic beverage license. Such workshop shall be at the applicant's
expense. If at the time the application is considered by the mayor and city
-
37
ORDINANCE # 2004-27
,....
(b) A holder of a license must within six months after the issuance of the
license open for business the establishment referred to in the license. Failure to do so
shall serve as an automatic forfeiture and cancellation of the unused license, unless the
holder shall appeal to and be granted an extension by the governing body. No refund of
license fees shall be made.
(c) A holder of a license who shall begin the operation of the business as
authorized in the license, but who shall for a period of three consecutive months
thereafter cease to operate the business, shall have automatically forfeited the license. No
refund of license fees shall be made.
(d) Where a building in which a retailer intends to operate under the
provisions of this article is, at the time of the application for such license, not in existence
or not yet completed or renovated, a license may be issued for such location, provided the
plans for the proposed building show clearly a compliance with the other provisions of
this article. No sales or consumption shall be allowed in such establishment until it has
been completed in accordance with said plans and is in conformity with all of the other
provisions of this article.
(Ord. No. 95-03, ~ 3-2-26,5-1-95)
Sec. 6-127. Time limit on reapplication.
- When an application is denied for cause or any license is revoked for cause by the
governing body, it shall be unlawful for the city clerk to accept or for the governing body
to consider any application for an alcoholic beverage license from the applicant who was
previously denied, or from the agent or applicant whose license was previously revoked,
within 12 months from the date of application.
(Ord. No. 95-03, ~ 3-2-27,5-1-95)
Sec. 6-128. Restriction upon transfers.
Licenses shall not be transferable.
(Ord. No. 95-03, ~ 3-2-28,5-1-95)
Section 6-129. Mandatory workshop for licensee; mandatory training for permit
holders.
(a) Licensee policy workshop
(1)
Effective January 1, 2005, all applicants for an alcoholic beverage
license shall attend one alcohol sales and service policy workshop for
owners and managers which workshop shall be from a list approved by
the city. The applicant shall attend such workshop prior to the issuance of
any alcoholic beverage license. Such workshop shall be at the applicant's
expense. If at the time the application is considered by the mayor and city
,....
37
ORDINANCE # 2004-27
--
(a) The annuallicense fee for each type of license issued under this chapter
shall be set by the governing body.
(b) No license shall issue for less than a calendar year period, and in case of
the revocation or surrender of such license before the expiration of such calendar year
period, the holder thereof shall not be entitled to receive any refund whatsoever.
(Ord. No. 95-03, ~ 3-4-1,5-1-95)
Sec. 6-142. Payment of license fees; amounts.
(a) All annual license fees under this article shall accrue on January 1, and
shall be paid in advance on or before January 31 of each year. Any new license granted
under this chapter during a calendar year shall pay the license fee for the full year.
(b) Each person manufacturing or selling alcoholic beverages in the city shall
pay an annual license tax as set by the mayor and council and kept on file in the city
clerk's office.
(c) A person doing business at more than one place shall take out and pay for
a separate license for each place of business.
--
(d) Any person licensed under this chapter shall be required to renew his
license on or before January 31, on forms prescribed by the governing body. Failure to
payor renew the license on or before January 31 shall automatically revoke the license.
(e) Each retailer shall provide the business license bureau with a statement
prepared by his/her bookkeeper or accountant of the gross sales of the business for the
preceding calendar year. Copies of the state sales tax returns for the same period shall be
attached to the statement. The statement must be properly notarized and certified to be
true and correct by the licensee or his/her agent under penalty of law, and shall
accompany the basic license fee payment on or before January 31, of each year. The city
reserves the right to require, for any reasons deemed necessary by the city, a certified
audit of sales of food and drink.
(Ord. No. 95-03, ~ 3-4-2, 5-1-95)
Sec. 6-143. Excise tax upon retail sales of distilled spirits, package only.
(a) Annual fee established. An annual fee shall be established by the
governing body and kept on file by the city clerk, plus a fee of one percent on gross sales
of $100,000.00 to $500,000.00 in addition to the licensing fee shall be levied.
--
(b) Scope of section. In addition to all other taxes or license fees heretofore or
hereafter imposed upon retail dealers engaged in the city in the business of selling
alcoholic beverages as defined under the laws of the state, there is imposed and levied
upon all dealers within the city described in this section an excise tax, to be computed
39
ORDINANCE # 2004-27
and collected as set forth in this section.
-
(c) Basis for computation of tax. The tax levied under this section shall be
computed on the basis of an amount, as set by state law and on file with the city clerk, per
liter of distilled spirits sold or delivered as set out in this section; on the basis of an
amount, as set by state law and on file with the city clerk, per liter of wine sold or
delivered as set out in this section, computed proportionately on fractional size bottles;
and an amount as set by state law and on file with the city clerk, per a 12-ounce container
case of malt beverage, and other sizes increased in proportion to the 12-ounce size.
(d) Computation, payment; duties of wholesale dealer, distributor. The tax
imposed by this section shall be computable and payable monthly. Each wholesale dealer
or distributor selling, shipping or delivering alcoholic beverages to any retail dealer in the
city, shall, as a condition to the privilege of carrying on the business in the city:
(I) Keep true and correct records of all sales, shipments or deliveries of such
alcoholic beverages to each retail dealer in the city, such records to be
preserved for a period of two years and to be made available on request for
inspection of any duly authorized representative of the city.
(2)
Collect from each such retail dealer in the city at the time of delivery of
the alcoholic beverages the amount of tax due under the terms of this
section and hold the amount in trust for the city until such amount is
remitted to the city as next provided.
-
(3) On or before the 20th day of each calendar month make a verified and
comprehensive report to the city, which shall correctly show all sales and
deliveries of alcoholic beverages to or for retail dealers in the city for the
month immediately preceding the report. Such report shall show the name
and address of each retail dealer, the quantities delivered to each retail
dealer, the amount collected under the terms of this section, and such other
information as may be called for by the city. Such report shall be
accompanied by remittance to the city for all taxes collected or due as
shown on the report. There is assessed a ten-percent late charge for failure
to remit the excise tax on or before the 20th of the month.
(e) Noncompliance by wholesale dealer; distributor. If any wholesale dealer
or distributor fails or refuses to make the reports provided for in subsection (d)(3) of this
section, the city shall notify the party in writing, and, if the reports are not made and the
taxes remitted within five days from date of the notice, the city may withdraw from the
wholesale dealer or distributor the privilege of doing business in the city by revoking
his/her license.
(f) Unlawful retail sales. It shall be a violation of this section for any person _
to sell at retail within the limits of the city any alcoholic beverages on which the taxes
provided for in this section have not been paid.
40
ORDINANCE # 2004-27
~
(g) Unlawful deliveries. It shall be unlawful and a violation of this section for
any wholesale dealer or distributor, or other person, to deliver any alcoholic beverages to
any retail dealer in the city without collecting the taxes provided for in this section at the
time of delivery.
(h) Deposit by wholesale dealer or distributor. Each wholesale dealer or
distributor who sells alcoholic beverages within the city shall be required to place one
month's tax on deposit with the city. The deposit shall be an amount equal to the amount
of tax paid by the dealer or distributor during the first 30 days of operation in the city and
shall be deposited at the same time as the first payment of tax required by the dealer or
distributor by this section. The deposit shall be retained by the city to be applied to make
up for any default on the part of the wholesale dealer or distributor and shall be refunded
to the wholesale dealer or distributor upon his ceasing to do business in the city, provided
the wholesale dealer or distributor is current in hislher remission of taxes. This deposit
shall be adjusted each year to be an average of 1/12 of the previous year's tax collections.
~
(i) Violations and penalties. Any person violating any of the provisions of
this section or who shall assist any retail dealer in alcoholic beverages in the city to evade
or avoid the payment of the taxes provided for in this section shall be guilty of a violation
of this Code and, on conviction thereof in the recorder's [municipal] court, shall be fined
or sentenced to the maximum allowed under the law, or both such fine and sentence to be
inflicted in the discretion of the municipal court, and such person so convicted shall also
be subject to having hislher license revoked.
(Ord. No. 95-03, ~ 3-4-3, 5-1-95)
Sec. 6-144. Excise tax upon the sale of distilled spirits by the drink.
(a) Imposition and rate of tax. There is hereby imposed and levied upon every
sale of distilled spirits purchased by the drink in the city a tax in the amount of three
percent of the purchase price of the drink.
(b) Purchaser's receipt; credit or deferred payment. Every licensee for the
sale of distilled spirits by the drink for operation of a place of business in the city shall, at
the time of collecting for food and drinks served, give to the purchaser a receipt on which
the price of alcoholic beverages served shall be itemized separately and where the
charges for food and drink are satisfied by credit or deferred in a like manner. The
licensee shall itemize the charges therefor separately on the charge billing at the time and
to the extent that such credits are incurred.
~
(c) Person liable for tax. Every licensee or hislher agent is hereby authorized
and directed to collect the tax imposed in this section from purchasers of distilled spirits
by the drink sold within hislher licensed premises. Such licensee or hislher agent shall
furnish such information as may be requested by the business license supervisor to
facilitate the collection of this tax.
41
ORDINANCE # 2004-27
(d)
Determinations, returns and payments.
IlIlIIII!!I
(l) Due date of taxes. All taxes collected by any licensee or agent pursuant to
the provisions of this section shall be due and payable to the city business
license office monthly on or before the 20th day of every month next
succeeding each respective monthly period.
(2) Return; time offiling; persons required tofUe; execution. On or before the
20th day of the month following each monthly period, a return for the
preceding monthly period shall be filed with the city business license
office in such form as the business license supervisor may prescribe for
every licensee or agent liable for the payment of tax pursuant to the
provisions of this section.
(3) Contents of return. All returns shall show the gross receipts from the sale
of distilled spirits by the drink, amount of tax collected or due for the
related period, and such other information as may be required by the
business license supervisor.
(4)
Delivery of return and remittance. The person required to file the return
shall deliver the return, together with the remittance of the net amount of
tax due to the business license office of the city.
IlIlIIII!!I
(5) Collection fee allowed operators. Operators collecting the tax shall be
allowed a percentage of the tax due and accounted for and shall be
reimbursed in the form of a deduction for submitting, reporting and paying
the amount due, if the amount is not delinquent at the time of payment.
The rate of deduction shall be in the same rate authorized for deduction
from state tax under the state retailers' and consumers' sales and use tax
act, approved February 20, 1951 (Ga. Law, p. 360) (O.C.G.A. ~ 48-8-1 et
seq.), as now or hereafter amended.
(e) Deficiency determinations.
(l) Recomputation of tax; authority to make basis of recomputation. If the
business license supervisor is not satisfied with the return of the tax or the
amount of tax to be paid to the city by any licensee he/she may compute
and determine the amount required to be paid upon the basis of any
information within his/her possession or that may come into his/her
possession. Deficiency determinations may be made of the amount due for
one or more monthly periods.
(2)
Interest on deficiency. The interest on the amount of the deficiency
determination, exclusive of penalties, shall bear interest at the rate of one
percent per month. Interest shall be assessed for each month or fraction
thereof from the close of the monthly period in which the amount or any
IlIlIIII!!I
42
~
(3)
(4)
(5)
(6)
,..
ORDINANCE # 2004-27
portion thereof should have been returned until the date of payment.
Offsetting of overpayments. In making a determination, the business
license supervisor may offset overpayments, for a period or periods,
against underpayments, for another period or periods against penalties and
against the interest on underpayments. The interest on overpayments shall
be computed in the manner set forth in this subsection.
Penalty; negligence or disregard of rules and regulations. If any part of
the deficiency for which a deficiency determination has been made is due
to negligence or disregard of rules and regulations, a penalty amount of
ten percent per month shall be added to the amount of the deficiency.
Penalty for fraud or intent to evade. If any part of the deficiency for which
a deficiency determination has been made is due to fraud or an intent to
evade any provisions of this article or other authorized rules and
regulations, a penalty of 25 percent of the deficiency shall be added
thereto.
Time within which notice of deficiency determination to be mailed. Except
in the case of fraud, intent to evade this article or other authorized rules
and regulations, or failure to make a return, every notice of a deficiency
determination shall be mailed within three years after the 20th day of
every month following the monthly period for which the amount is
proposed to be determined, or within three years after the return is filed,
whichever period should last expire.
(f) Determination if no return is made.
(1) Estimate of gross receipts. If any licensee fails to make a return, the
business license supervisor shall make an estimate of the amount of the
total sales in the city, which are subject to the tax. The estimate shall be
made for the period or periods in respect to which the licensee failed to
make the return and shall be based upon any information, which is in or
may come into the possession of the business license supervisor. Upon the
basis of this estimate, the business license supervisor shall compute and
determine the amount required to be paid the city, adding to the sum thus
determined a penalty of 15 percent thereof. One or more determinations
may be made for one or for more than one period.
(2)
,..
Manner of computation; offsets; interest. In making a determination, the
business license supervisor may offset overpayments for a period or
penalties against the interest on the underpayments. The interest on
underpayments shall be computed at one percent per month.
(3) Interest on amount found due. The amount of the determination, exclusive
43
ORDINANCE # 2004-27
of penalties, shall bear interest at the rate of one percent per month.
Interest shall be assessed for each month, or fraction thereof, from the last
day of the month of the quarterly period for which the amount or any
portion thereof should have been returned until the date of payment.
....
(4) Penalty for.fraud or interest to evade. If the failure to file a return is due to
fraud or an intent to evade this article or other rules and regulations,
penalties assessed at 25 percent of the deficiency shall be added thereto.
(5) Giving of notice; manner of service. Promptly after making the
determination, the business license supervisor shall give to the person
written notice to be served personally or by mail in the manner prescribed
for service of notice of a deficiency determination.
(g) Penalties and interest for failure to pay tax. Any licensee who fails to pay
the tax imposed in this section to the city, or fails to pay any amount of such tax required
to be collected and paid to the city, within the time required, shall pay a penalty of ten
percent per month of the tax, or amount of the tax, plus interest on the unpaid tax or any
portion thereof
(2)
(h) Collection of tax.
(1)
Notice of delinquency to persons holding credits or property (~f
delinquent; time for; duty of persons so notified If any person is
delinquent in the payment of the amount required to be paid by him/her or
if a determination has been made against him/her which remains unpaid,
the business license supervisor may, not later than three years after the
payment became delinquent, give notice thereof by registered mail to all
persons in the city having in their possession or under their control any
credits or other personal property belonging to the delinquent, or owing
any debts to the delinquent. After receiving the notice, the persons so
notified shall neither transfer nor make any other disposition of the credits,
other personal property or debts in their possession owed by them, or
under their control at the time they receive the notice until the business
license supervisor consents to a transfer or disposition or until 20 days
elapse after the receipt of the notice. All persons so notified shall, within
five days after the receipt of the notice, advise the city of all these credits,
other personal property, or debts in their possession, under their control or
owing by them.
...
Actionfor tax; time for. At any time within three years after any tax or any
amount of tax at any time within three years after the delinquency of any
tax or any amount of tax required to be collected, the business license
supervisor may bring an action in the courts of this state, or of the United
States in the name of the city to collect the amount delinquent, together
with penalties and interest, court fees, filing fees, attorney's fees and other
...
44
--
(i)
-
(1)
ORDINANCE # 2004-27
legal fees incident thereto.
(3)
Duty of successors or assignees of operator to withhold tax from purchase
money. If any operator liable for any amount under this article sells out
his/her business or quits the business, his/her successors or assignees shall
withhold a sufficient amount of the purchase price to cover such amount
until the former owner produces a receipt from the city showing that the
city has been paid or a certificate stating that no amount is due.
(4)
Liability for failure to withhold; certificate of notice of amount due; time
to enforce successor's liability. If the purchaser of a business fails to
withhold the purchase price as required, he/she becomes personally liable
for the payment of the amount required to be withheld by him/her to the
extent of the purchase price, valued in money. Within 30 days after
receiving a written request from the purchaser for a certificate, the
business license supervisor shall either issue the certificate or mail notice
to the purchaser at his/her address as it appears on the records of the city
of the amount that must be paid as a condition of issuing the certificate.
Administration.
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.
(2) 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 of this article.
(3) Records required for operators, etc.; form. Every licensee in the city for
the sale of alcoholic beverages by the drink to a person shall keep such
records, receipts, invoices and other pertinent papers in such form as the
business license supervisor may require.
(4) Examination of records; audit. The business license supervisor or any
person authorized in writing by the supervisor may examine the books,
papers, records, financial reports, equipment and other facilities of any
licensee liable for the tax, in order to verify the accuracy of any return
made, or if no return is made by the licensee, to ascertain and determine
the amount required to be paid.
--
(5)
Authority to require reports; contents. In the administration of the
provisions of this article, the business license supervisor may require the
filing of reports by any person or class of persons having in such person's
45
ORDINANCE # 2004-27
or persons' possession or custody information relating to sales of alcoholic ...
beverages which are subject to any tax. The reports shall be filed with the
business license supervisor when required by the supervisor and shall set
forth the price charged for each sale, the dates of sales and such other
information as the business license supervisor may require.
(6)
Disclosure of business operators, etc.; limitations on rules. The business
license supervisor or any person having an administrative duty under this
article shall not make known in any manner the business affairs,
operations or information obtained by an audit of books, papers, records,
financial reports, equipment or other facilities of any licensee or any other
person visited or examined in the discharge of official duty, or the amount
of source income, profits, losses, expenditures or any particular thereof,
set forth or disclosed in any return, or to permit any return or copy thereof
or any book containing any abstract or particulars thereof to be seen or
examined by any person not having such administrative duty under this
article, except in the case of judicial proceedings or other proceedings
necessary to collect the tax hereby levied and assessed. Such confidential
records shall not become the records of the city so as to become subject to
the open records act. Successors, receivers, trustees, executors,
administrators and assignees of the owner or operator, if directly
interested, may be given information as to the items included in the
measure and amount of unpaid tax or amounts of tax required to be
collected, interest and penalties.
...
(j) Revocation qf license. The continuous failure to pay the tax prescribed in
this section shall render the dealer or person liable therefor subject to revocation of their
alcoholic beverage licensees) in accordance with the procedures set out in this chapter.
(Ord. No. 95-03, ~ 3-4-4, 5-1-95; Ord. No. 2003-17, 5-19-03)
Sees. 6-145--6-160. Reserved.
ARTICLE IV.
ENFORCEMENT
Sec. 6-161. Compliance with chapter.
(a) It shall be unlawful for any person to sell or offer for sale at wholesale or
retail any alcoholic beverages without having first complied with the provisions of this
chapter.
(b) The police department or its designee shall from time to time visit licensed
premises and determine compliance with this chapter.
(Ord. No. 95-03, ~ 3-5-1, 5-1-95)
--
46
ORDINANCE # 2004-27
,-
Sec. 6-162. Criminal penalties for violation of chapter; administrative actions.
(a) Alleged violations of this chapter may be cited to any court as provided by
law and ordinance. Convictions under this chapter shall be punishable in the municipal
court by a fine not to exceed $1,000.00 or imprisonment for 60 days, or both. Convictions
may be considered due cause for suspension or revocation of any license by the
governing authority.
(b) 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.
Sec. 6-163. Suspension and revocation of license by the governing authority.
-
(a) Hearing required; due cause prerequisite. No license which has been
issued or which may hereafter be issued by the city to any agent of or any person,
partnership, corporation, retail dealer, for sale of any type of alcoholic beverages shall be
suspended or revoked, except for due cause as defined in subsection (c) of this section
and after a hearing requiring the licensee to appear and show cause to the mayor and
council of the city why such license should not be suspended or revoked. At any such
hearing, all parties to the hearing shall be entitled to be represented by counsel and shall
be entitled to all subpoena powers provided by this Code or the city Charter, together
with the right to examine all such witnesses under oath.
(b) Notice of hearing. Notice in writing by the city clerk addressed to the
holder of such license stating the time, place and purpose of such show-cause hearing and
a statement of the accusation upon which such hearing shall be held shall be delivered to
the licensed location. Not less than three nor more than 20 days' notice of such hearing
shall be deemed reasonable notice. However, shorter or longer periods shall be authorized
as the mayor and council determine that the circumstances justify. Upon application in
writing by the license holder, any witness or any party at interest, showing good cause
and not for purposes of delay only, the hearing date may be advanced or continued, in
which event no further notice shall be required in writing.
(c) Definition. The expression "due cause" for the suspension or revocation of
such license shall include, but not be limited to:
(1) The violation of any provision of this chapter by the license holder,
partner, officer, director, principal stockholder (who owns more than five
percent ownership) or any employee engaged in the sale of alcoholic
beverages.
(2)
The violation by the license holder, partner, officer, director, principal
stockholder (who owns more than five percent ownership) or any
employee engaged in the sale of alcoholic beverages, of any state law or
regulation, any county ordinance or regulation, or any other ordinance,
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ORDINANCE # 2004-27
regulation or law regulating such businesses, or violation of any regulation
made pursuant to authority granted for the purpose of regulating such
business, or for the violation of any law of the United States of America,
except misdemeanor traffic violations by the above-named persons,
corporation or entity;
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(3) The Licensee providing false information regarding or the omitting any
material fact affecting the license application or any supplemental
information required during the term of the license.
(4) The sale or offer of sale of any alcoholic beverage to any minor, as
defined and prohibited by the laws of the state, or to any person under the
age of 21 years; or
(5) The violation of any condition of probation given to a licensee under
Section F herein.
(6) When the sale of alcoholic beverages at any location shall become a
nuisance as defined by State Law.;
(d) Refund of license fee. In the event of revocation or suspension by the
mayor and council, the licensee shall not be entitled to a refund or return of any portion
of the license fee.
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(e) Provisions cumulative. The remedies and actions provided in this article,
including but not limited to the suspension or revocation of the license,
shall be cumulative, in addition to and nonexclusive of any other action,
civil or criminal, pending, resolved or threatened, regarding the license,
location, owner of the business or licensee.
(f) Authority to suspend or revoke and/or place on probation. At any show-
cause hearing, based upon the evidence presented, the mayor and council shall be
authorized to suspend such license for any appropriate time, or to permanently revoke
such license. In addition to or in lieu of the suspension or revocation, the mayor and
council may place the licensee on probation for a period not to exceed five years and may
place conditions upon such probation.
(g) If at the hearing, there is evidence of a violation (involving a minor), the
mayor and council may consider the circumstances of the incident in order to determine
whether a mitigation is warranted. Such factors include but are not limited to the
following:
1.) Whether the Licensee has instituted a policy designed to
effectively reduce alcohol sales to minors and whether the policy is written.
2.) The nature of such policy and the manner in which it IS
communicated to employees, administered and followed.
3.) The type of employee training done in furtherance of the policy
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ORDINANCE # 2004-27
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and whether such training is mandatory for all employees.
4.) The effectiveness of such policy and training.
5.) Whether the age of all customers purchasing or attempting to
purchase alcohol is routinely verified prior to sale.
6.) Whether the Licensee completed a responsible alcohol sales and
service policy workshop.
7.) The type of offense.
8.) The number or frequency of violations under the license or at the
subject location and the nature of such previous violations.
(h) Provision of schedule. The governing body may from time to time provide
for a schedule prescribing the length of suspensions, revocation, or other penalties as it
may determine appropriate to the nature of the offense, the person committing the
offense, and other such factors as it may deem appropriate. Such schedule shall be on file
with the city clerk.
(Ord. No. 95-03, ~ 3-5-3, 5-1-95)
Sec. 6-164. Automatic revocation of city license upon revocation of state license.
--
Whenever the state shall revoke any permit or license to manufacture or sell at
wholesale or retail any alcoholic beverages, the city license to manufacture or deal in
such products shall thereupon be automatically revoked without any action by the mayor
or governing body.
(Ord. No. 95-03, ~ 3-5-4, 5-1-95)
Sec. 6-165. Removal of signs after revocation.
When any license for selling alcoholic beverages is revoked, all signs indicating
that such beverage may be sold or purchased shall be removed from the place of business,
both outside and inside. Upon receipt by the police department of notice of such
revocation, the police department shall take the necessary steps to see that this section is
enforced.
(Ord. No. 95-03, ~ 3-5-5, 5-1-95)
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ORDINANCE # 2004-27
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.
Approved by Mayor and Council this 2nd day of August, 2004.
Attest:
A. Max Bacon, Mayor
~f). ;r4-
Susan D. Hiott, City Clerk
City of Smyrna
~
Approved as to form:
~
Scott A. Cochran, City Attorney
City of Smyrna
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