Proposed new Watkinsville beer and wine pouring ordinance revision
Final New Chapter 7 (Proposed by Council Members Purcell and Walsh) Approved August 9, 2006
RESTAURANT POURING LICENSES: CONTROL OF MALT BEVERAGES AND WINE
State law references: Georgia 3-1-1 et seq.
Sec. 7-1. PURPOSE
This ordinance is enacted to protect people and property; in furtherance of the police powers of the city to promote the health, safety and general welfare of its citizens; to regulate and control the licensing and sale by the drink of malt beverages and wine; to establish reasonable regulations and ascertainable standards for licensees which will ensure the public peace; to protect consumers; to ensure that only qualified persons obtain licenses; and to enhance fine dining opportunities in the city, including the financial, cultural and tourism benefits thereof.
Sec. 7-2. Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.
Church means a building primarily used for public religious worship on a regular basis.
City means the city of Watkinsville
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. The sale of distilled spirits is expressly prohibited. The consumption of distilled spirits outside of personal residences is expressly prohibited.
Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to brandy. The sale of fortified wine is expressly prohibited. The consumption of fortified wine outside of personal residences is expressly prohibited.
Governing authority means the Mayor and Council.
License (“Pouring License”) means the authorization by the Mayor and Council to engage in the retail sale of malt beverages and wine to be consumed only on the licensed premises.
Licensee means any person who has been issued a License by the Mayor and Council to engage in the sale of malt beverages and wine for consumption only on the licensed premises and not for resale.
Lounge means a separate room or clearly distinguishable area where meals are not served and malt beverages and wine are served by the drink which is either connected with or part of and is adjacent to a restaurant and operated in conjunction with and under the same management as the restaurant operations. No lounges shall be permitted.
Malt beverage means any beer, ale or like beverage. The term does not include sake, known as Japanese rice wine.
Package means a bottle, can, keg, barrel or other original consumer container. The sale of unopened packages of alcoholic beverages in Watkinsville are not permitted hereunder.
Personal Residence means a home used for residential, not business purposes, and yard surrounding the home.
Place of business means the premises described in a license issued pursuant to this chapter.
Premises means the location where a licensee is authorized to sell alcoholic beverages. The premises of restaurants shall include outdoor seating areas owned or leased by the licensee.
Private club means any entity organized and operated for pleasure, recreation and other non-profitable purposes including any organization which has received approval from the United States Internal Revenue Service as a 501(c)(3) organization. No private club shall be entitled to possess, serve or sell alcoholic beverages.
Restaurant means any public or private place kept, used, maintained, advertised and held out to the general public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations. Such place shall be air conditioned and contain adequate and sanitary kitchen and dining room equipment and inside seating capacity for at least 50 people, and have employed a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least five days a week, with the exception of holidays, vacations and periods of redecorating. The serving of such meals and food shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental to such business. A restaurant shall derive at least 75 percent of its total annual gross from food and non-alcoholic beverages sales and shall have gross food sales in excess of $150,000.00 per year.
School means a building, publicly or privately owned, which is used for teaching or giving instruction in any subject to pupils of the school, and includes a school or division of a school below the first grade usually serving pupils of the 4-6 age group and fostering their natural growth and social development through constructive play, including pre-K and kindergarten programs.
Wine means the fermented juice of any fruit or plant having an alcoholic strength of no more than 21 percent alcohol by volume.
State law references: Cross reference(s)--Definitions generally, § 1-2.
Sec. 7-3. Findings and Express Prohibitions
In accordance with the laws of the state, it is necessary and expedient for the city to establish regulations in regard to the sale for consumption on the premises of malt beverages and wine. This chapter does not permit the sale of distilled spirits or fortified wine by the drink. Sale Sale Sale
Sec. 7- 4. Unlawful Sales without License
It shall be unlawful for any person to sell or offer to sell any malt beverages and/or wine for consumption on the premises without first complying with the rules and regulations set forth in this chapter. It shall be unlawful in any case for any person to sell or offer to sell any distilled spirits or fortified wine. The business of selling malt beverages and/or wine for consumption on the licensed premises is declared to be a privilege, not a right; and such privilege shall not be exercised in the city except as licensed under the terms of this chapter.
Sec. 7- 5. Restaurant Applications
No malt beverages and/or wine shall be sold by the drink for consumption on the premises except under a pouring license granted by the Mayor and Council. Application for such license may be made only on behalf of restaurants located within the incorporated areas of the city and shall be made on forms provided by the city, subject to the following requirements:
(1) All applications for a pouring license shall be presented in person and each applicant must furnish a copy of their driver’s license.
(2) Pursuant to OCGA §3-3-2 Each applicant shall furnish a complete set of fingerprints which shall be forwarded to the Georgia Bureau of Investigation, who shall search the files of the Georgia Crime Information Center for any instance of criminal activity within the ten-year period immediately preceding the date of such application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the city. Delay in fingerprint analysis shall be accommodated by issuance of a temporary license, assuming all other requirements are met.
(3) In addition to the completion and submission of the application form as required by the city, each applicant shall attach a completed form with all attachments and requirements for a state license. Upon applicant’s receipt of the state license, it shall be promptly forwarded to the city.
(4) Before any pouring license is granted, the applicant must post with the city, along with his application, a cash bond or a performance bond with an insurance company as surety. This bond shall require the faithful observance and performance by the licensee of the rules and regulations contained in this chapter. Upon the violation of this chapter, or any part of this chapter, the amount of the bond to be forfeited will be determined by the seriousness of the violation as determined by the city. The bond is to be approved by the city and shall be properly executed. The bond shall be in the amount of $1,000.00 for a pouring license.
(5) A pouring license shall be valid only for the calendar year indicated on the license, and no such license may be renewed. A licensee who desires to continue in business during the next calendar year must make a new application for such year.
Sec. 7- 6. Legal Age
No pouring license shall be granted to any person or partnership unless the person or all partners shall be at least 25 years of age and has/have been a resident of the state for a minimum of one year prior to filing an application for such license. If a corporation or LLC should be an applicant, the corporation or LLC must designate a person who will be responsible for all matters regarding the operation of the business, and that person shall be at least 25 years of age.
Sec. 7- 7. Licensee Qualifications
The following standards shall be applied to all decisions pertaining to the issuance or denial of licenses under this chapter:
(1) All applicants for a pouring license must show financial responsibility. The governing authority may require all applicants to provide financial statements and other evidence of financial responsibility in conjunction with the application. The form of the application shall be set by the city and must be fully completed by the applicant and filed by the applicant with the clerk of the city. Every person making an application for an initial license shall be required to appear before the city council to answer such questions and provide such information as the city council deems necessary and proper. If the applicant fails to appear at such hearing, the application shall be deferred to the next meeting. If the applicant fails to appear at the next meeting, the application may be treated as having been withdrawn.
(2) No officials or employees of the city or members of the city government shall be eligible to receive a pouring license.
(3) All applicants for a pouring license must be the owner or lessee of the premises to be used for the sale and consumption of malt beverages and wine, and must provide evidence of ownership of the premises in the form of a fully executed deed in recordable form; or, if the applicant is leasing the premises, the applicant must provide a copy of the lease.
(4) All applicants must be persons operating as the proposed licensed place of business a "restaurant" as defined in this section. No lounges shall be permitted.
(5) All applicants including shareholders/members of corporations/LLC's shall not within the last ten years have had any convictions or pleas of nolo contendere to/of a felony or a misdemeanor of moral turpitude.
(6) A license may be denied to any applicant where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the applicant is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever.
(7) The city, in its discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, application or the proposed location of the business. If in the judgment of the city circumstances are such that the granting of the license would not be in the best interest of the general public, such circumstances may be grounds for denying the application.
(8) A corporate license applicant shall appoint and designate to the city an agent authorized to receive service of process under state law. If no such designation is made, the city may serve or notify the applicant or license holder at any address of the applicant or license holder known to the city.
(9) The city shall give notice in writing to the applicant of any decision to grant or deny an application. The notice shall give the reasons for the decision.
(10) Whenever the city shall deny an application for a pouring license, the applicant shall have ten days following the date of notice of the denial to request a hearing before the city. The applicant shall be entitled at such a hearing to present evidence and cross examine opposing witnesses.
Sec. 7- 8. Transferability
(a) No pouring license shall be transferable or assignable to any person or other location; and if a licensed business is sold or closed, it shall be the duty of the licensee to immediately surrender the license to the city. Under no circumstances will the license fee be refunded to the holder.
(b) No pouring license shall be transferred from one person to another during the year in which the license was obtained.
(c) Upon the sale of any licensed business under this chapter, the new owner may not operate the business under the old license under this chapter.
(d) All holders of licenses issued under this chapter shall within six months after the issuance of such license open for business the establishment referred to in the license. Failure to open the licensed establishment within such period shall serve as a forfeiture and cancellation of the unused license, and no refund of the license fee shall be made to the license holder.
Sec. 7- 9. Separate License
A separate pouring license shall be required for each pouring location of each place of business. Each license will enable the licensee to sell the malt beverages and wine for consumption only in the areas of the premises allowed by state laws and regulations.
Sec. 7- 10.
No pouring license shall be issued to any person unless complete and detailed diagrams of the building in which the business will be located and the outside premises are attached to the application, or unless proposed plans and specifications and a building permit of a proposed building to be built are attached to the application. The completed building or the proposed building shall comply with ordinances of the city, regulations of the state revenue commissioner, and the laws of the state. Upon completion, the proposed building shall be subject to final inspection and approval by the building inspector. Each applicant for a license shall attach to his application evidence of ownership of the building or proposed building or a copy of the lease if the applicant is leasing the building. Licensees shall provide on the premises for which the license is issued adequate sanitary toilet facilities as required by the city health and building codes; and the building shall be adequately illuminated so that all hallways, passageways and open areas may be clearly seen by customers in the building.
Sec. 7- 11. Requirements
No pouring license shall be granted to any person unless the front door of the building at the proposed location is situated not less than 150 feet from the front door of any school or college campus, not less than 150 feet from the front door of any church and not less than 300 feet from any Housing Authority property or any building used as an alcohol rehabilitation center. This distance is to be measured by the most direct route of travel on the ground. Each application for a license shall include a scale drawing of the location of the proposed premises showing the distance to the nearest school ground or college campus and alcohol rehabilitation center, housing authority property, church or a certificate of a registered surveyor that such location complies with this section. O.C.G.A. § 3-3-21(B) et seq.
Sec. 7- 12. Days and Hours of Operation
No licensee shall furnish, sell or offer for sale any malt beverages and/or wine under this chapter at any of the following times:
(1) At any time on Sundays;
(2) At any time on Christmas Day;
(3) At any time in violation of a local ordinance or regulation or of a special order of the governing authority; or
(4) At any time in violation of state law or regulation.
(5) No malt beverage and/or wine may be served before 12:00 p.m. on any day and not later than 10:30 p.m. or not later than 12:00 a.m. on December 31st.
(6) Restaurants will close not later than 11:00 p.m. , or on New Year's Day, 12:30 a.m.
Sec. 7- 13. Reports
(a) Each licensee under this chapter shall, as a condition of maintaining such license, file with the city clerk quarterly:
(1) A sworn statement of the licensee’s sales during the preceding quarter on forms approved by the city. The forms for such quarterly verified statements shall reflect the licensee’s gross dollar sales amount for total sales for the applicable quarter, the gross dollar sales amount for malt beverages and wine for the applicable quarter, and gross dollar sales amount for food items for the applicable quarter.
(2) Certified copies of the licensee’s state department of revenue sales and use tax monthly reports as filed with the state department of revenue for each month during the respective quarter.
(b) Restaurants must derive at least 75% of their total annual gross from food and non-alcoholic beverages. The failure of food sales to meet or exceed 75% of total annual gross shall be prima facie evidence that the establishment is not meeting the definition of a restaurant.
(c) The quarterly statements shall be confidential in nature and shall not be open for public inspection except as otherwise required by law. These forms shall be used solely by the city clerk for determination of whether or not the licensee remains qualified to hold its pouring license. Failure to timely file such statements shall be a violation of this chapter and cause for suspension or revocation of the license granted under this chapter and also may subject the licensee to criminal prosecution by the proper authority as provided by law and the ordinances of the city.
Sec. 7- 14. Posting of Warning
A licensee under this chapter shall post in a conspicuous place in his establishment a sign printed in letters at least four inches high reading as follows: “SALE OF ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE STRICTLY PROHIBITED” and “SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS STRICTLY PROHIBITED.” The licensee shall also post in a conspicuous place in the licensed premises a sign printed in letters at least four inches high reading as follows: “WARNING: DRINKING ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.”
Sec. 7- 15. Prohibited Sales
No licensee nor any agent or employee of a licensee shall furnish, sell or offer to sell any malt beverage and/or wine to any person who is confined in any jail, penal institution, correctional facility, prison camp, penitentiary or other lawful place of confinement, or to any person who is a patient or inmate in a state hospital, or to any person who is noticeably intoxicated, or is of unsound mind, or is an habitual drunkard whose intemperate habits are known to the licensee or the agent or employee.
Sec. 7- 16. Certain Employment Prohibited
No licensee shall employ, require or permit a person less than 18 years of age to sell or take orders for malt beverage and/or wine.
Sec. 7- 17. Unbroken Packages
No licensee may sell malt beverages and/or wine in unbroken packages or in any quantity for other than consumption on the premises.
Sec. 7- 18. Annual Fees
The fee for a malt beverage and wine pouring license shall be $1000.00 per annum per requested license and shall be paid prior to the issuance of any license. This fee shall accompany the application and shall be either a cash payment or a bank certified check. The fee for a new alcoholic beverage license for a portion of the year shall be prorated from the first day of the month in which the license is granted, provided, however, that due to the necessity of covering administrative costs, in no event shall the fee for a new license be set below $400.
Sec. 7- 19. Excise Tax
(a) Malt beverages.
(1) Where malt beverages are sold in or from a barrel or bulk container as tap or draft beer, there is levied a state excise tax on malt beverages of $10.00 on each container sold containing not more than 31 gallons, and a proportionate tax at the same rate on all fractional parts of 31 gallons.
(2) Where malt beverages are sold in bottles, cans or other containers other than barrels or other bulk containers, a state excise tax of $0.045 per 12 ounces shall be collected; and a proportionate tax at the same rate on all fractional parts shall be collected.
(3) There is levied a state excise tax on all such beverages in excess of 576 ounces or two standard cases of 12-ounce size or their equivalent or one 7.75-gallon keg or barrel of such beverages, this tax being levied at the rate of taxation of $0.045 per 12 ounces.
(4) The city shall impose an excise tax, in addition to the excise taxes levied by the state, as follows:
a. Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $6.00 on each container sold containing not more than 15 ½ gallons and a proportionate tax at the same rate on all fractional parts of 15 ½ gallons;
b. Where malt beverages are sold in bottles, cans or other containers, except barrel or bulk containers, a tax of $0.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.
(5) It shall be unlawful and a violation of this chapter for any restaurant dealer to possess, own, hold, store, display or sell any malt beverages on which such taxes have not been paid.
(b) Wine.
(1) There is levied and imposed on the first sale, use or final delivery within this state of all table wines a state excise tax in the amount of $0.11 per liter and a proportional tax at the same rate on all fractional parts of a liter.
(2) There is imposed upon the importation for use, consumption or final delivery into this state of all table wines a state import tax in the amount of $0.29 per liter and a proportional tax at the same rate on all fractional parts of a liter.
(3) There is levied and imposed on the first sale, use or final delivery within this state of all dessert wines a state excise tax in the amount of $0.27 per liter and a proportional tax at the same rate on all fractional parts of a liter.
(4) There is imposed upon the importation for use, consumption or final delivery into this state of all dessert wines a state import tax in the amount of $0.40 per liter and a proportional tax at the same rate on all fractional parts of a liter.
(5) There is levied by the governing authority an excise tax on the first sale or use of wine by the package at the rate of $0.22 per liter and a proportional tax at the same rate for any fractional parts of a liter.
(7) The city shall impose an excise tax, in addition to the excise taxes levied by the state, as follows:
a. There is levied on the first sale or use of all wines by the package a tax of $0.22 per liter and a proportionate tax at the rate on all fractional parts of a liter.
(8) The taxes imposed on wine shall not be levied on any wine sold to established and recognized churches and synagogues for use in sacramental services only, or for any wine exempt from taxation under the Constitution of the United States
(9) It shall be unlawful and a violation of this chapter for any retail dealer to possess, own, hold, store, display or sell any wine on which such taxes have not been paid.
State law references: Taxation, ch. 70.
Sec. 7- 20. Copy of Chapter; Responsibility for Compliance
Any holder of a pouring license shall keep a copy of this chapter on the premises and shall instruct any person working there in compliance with its terms, and each licensee and the licensee’s agents and employees selling malt beverages and/or wine for consumption on the premises shall at all times be familiar with its terms. The licensee shall be held responsible for any acts of the licensee’s agents and/or employees in any violation of this chapter and/or of the laws of the state and/or the rules and regulations of the state revenue commissioner.
Each new licensee and all managers shall successfully complete a state certified alcohol training class which has been approved by the City Council. The licensee shall successfully complete said class prior to the issuance of any pouring license. A new manager will successfully complete the class within 3 months of employment.
Sec. 7- 21. Inspection
The business premises of the holder of a pouring license shall be available for inspection at any and all times by Law Enforcement Officers, the City Code Enforcement Officer or officials authorized to conduct such inspections.
Sec. 7- 22. Production of Records
In conjunction with any license application or any license issued under the terms of this chapter, or in conjunction with the revocation, suspension or cancellation of any license or in conjunction with any of the hearings contemplated by this chapter, or in conjunction with the payment or nonpayment of any excise tax levied or to be collected under this chapter, the city shall have the right to subpoena all or any part of the records, books, documents, reports or invoices of any applicant or licensee. This subpoena right shall be had for the purposes of auditing the records of such applicant or licensee, securing compliance by such licensee with the provisions of this chapter, proving or disproving violation of any part of this chapter by any licensee, or to show payment or nonpayment of any taxes, fees, charges or the like due under this chapter.
Sec. 7- 23. False Statement
The making of any false statement on an application for a pouring license shall constitute grounds for revocation of the license.
Sec. 7- 24. Gambling
There shall be no gambling, betting, games of chance, punchboards, slot machines, poker machines, lotteries or tickets of chance, or the operation of any schemes for hazarding money or any other thing of value in any licensee’s place of business or in any room adjoining the place of business owned, leased or controlled by the licensee.
Sec. 7- 25. Soliciting
No retail licensee shall require, permit, suffer, encourage or induce any employee or person to solicit in the licensed premises for himself or for any person other than the patron and guests of the patron, the purchase by the patron of any malt beverage and/or wine, or money with which to purchase a malt beverage or wine; nor shall any licensee pay a commission or any other compensation to any person frequenting his establishment or to his agent or manager to solicit for himself or for others the purchase by the patron of malt beverage and/or wine.
Sec. 7- 26. Display of License
A license issued under this chapter shall be displayed prominently at all times on the premises for which it was issued.
Sec. 7- 27. Delivery
It shall be unlawful for any licensee to make delivery of any malt beverage and/or wine except inside of the premises or area licensed for their sale. It shall be unlawful for any such licensee to sell malt beverages and/or wine for consumption off the premises.
Sec. 7- 28. Criminal Record
It shall be unlawful for any licensee to knowingly allow any person with a criminal record for violence or disorder to frequent the premises or loiter on the premises.
Sec. 7- 29. Prostitution
It shall be unlawful for any licensee to knowingly allow any person to frequent the licensee’s premises for the purpose of soliciting prostitution.
Sec. 7- 30. Adult Entertainment
Based on the experiences of other counties and municipalities, which experiences are relevant to the problems faced by the City the Mayor and Council note the conditions and occurrences generally associated with adult entertainment establishments. It is the finding of the Mayor and Council that adult entertainment establishments, particularly those where alcoholic beverages are served, result in an increase in criminal behavior and create undesirable community conditions. An increase in instances of disorderly conduct, public drunkenness, prostitution, drug trafficking and loitering of individuals with criminal histories has been the experience of other counties and municipalities that permit adult entertainment establishments, particularly those in which alcoholic beverages are served. The Mayor and Council also find that the increase in criminal behavior which accompanies adult entertainment establishments causes undesirable community conditions. Conditions experienced in other counties and municipalities are depression of property values in neighborhoods surrounding the adult entertainment establishment, community blight, an increased burden on and expenditure for law enforcement, and an increase in the criminal case load in the judicial system due to a greater number of arrests because of the above mentioned crime problems.
In addition to the prohibitions under Georgia 3-3-41 , no alcoholic beverages may be sold in any restaurant which features performances by topless dancers, go-go dancers, strippers or similar entertainers whose performances involve erotic dancing including without limitation the simulation of sexual activities and/or erotic or lewd touching. No such adult entertainment may be located within 1000 ft. of any restaurant selling alcoholic beverages. For the purpose of this subsection, distance shall be by direct measurement between property lines, using the closest property lines of the parcels of land involved.
Sec. 7-31. Live Entertainment
There shall be no live entertainment on any licensed premises which uses sound amplification of any kind outside the walls of the building located on the premises and licensed hereunder.
Sec. 7- 32. Police Reports
It shall be unlawful for any licensee to fail to report to the police at the earliest possible time any known incidents of a criminal nature that happen on the licensee’s premises. It shall be unlawful for any licensee to willfully withhold from the police any information pertaining to any crime that may have happened on the premises.
Sec. 7- 33. Police Records
It shall be unlawful for any licensee to employ on the premises any person who in the preceding ten years has been convicted of or has pled nolo contendere to a felony or misdemeanor involving moral turpitude or anyone being charged with the same, or having been convicted of sale of alcoholic beverages to a minor. It shall also be unlawful for any licensee to knowingly allow any criminal act to be committed on the premises.
Sec. 7- 34. Minors
(a) The term “minor” as used in this chapter shall mean any person under the age of 21 years, or as defined in O.C.G.A. § 3-3-23 or by other state laws.
(b) It shall be unlawful for a minor to attempt to purchase malt beverages and/or wine or for any other person to purchase malt beverages and/or wine for a minor.
(c) It shall be unlawful for a minor to exhibit fake, forged or borrowed credentials in an effort to obtain malt beverages and/or wine to which the minor is not legally entitled.
(d) No person engaged in the business regulated under this chapter shall make or permit to be made any sale of malt beverages and/or wine to minors.
(e) No person shall allow anyone under 21 years of age to loiter about the premises of the licensee or possess any alcoholic beverage. This provision shall not apply to employees 18 or older eligible for employment under state laws.
(f) Any violations of the provisions of this section shall constitute a misdemeanor; and the offender, upon being found guilty, shall be punishable as for a misdemeanor and by possible loss of license.
(g) The prohibition contained in this section shall not apply with respect to the sale, purchase or possession of malt beverages and/or wine for consumption:
(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in the state;
(2) At a religious ceremony; or
(3) In the minor’s home with parental consent.
Sec. 7- 35. Containers
It shall be unlawful for licensees or their agents or employees to add to the contents of a container or to refill empty containers or in any manner to misrepresent the quantity, quality or brand name of any malt beverage and/or wine.
Sec. 7- 36. Conditions of Premises
(a) All premises used for the sale and consumption of malt beverages and wine and/or for the storage of malt beverages and wine shall be kept in a sanitary condition and shall be kept in full compliance with the regulations of the county health department.
(b) All premises shall be subject to inspection by the county health department, the fire department, the city building inspector, law enforcement officers, and the city code enforcement officer and any other duly qualified state, county or city official to determine if the premises are in compliance with all city, county and state rules, regulations, laws and codes.
Sec. 7- 37. Telephone
A licensee under this chapter shall maintain on the premises at all times a telephone in good working order.
Sec. 7- 38. Incorporation of State Law
The state laws and/or regulations relating to the sale and/or distribution of alcoholic beverages within the state are incorporated in this chapter and made a part of this chapter as if fully set out in this chapter.
Sec. 7- 39. Employees
(a) Every licensee under this chapter shall maintain at all times on the premises for which the license has been issued a list of all persons currently employed by such licensee at such premises, which list shall show the current full legal name, alias, date of birth, current address, current home telephone number and social security number of each employee.
(b) The employee list shall be available during reasonable hours for inspection by any law enforcement officer or city official or his designee. If so required by such person, an employee must submit to a fingerprint identification and criminal history check. Every licensee shall cause each of the licensee’s employees during the hours of his employment to be identified by a conspicuous label or badge upon which shall appear the employee’s first name.
(c) No person under 18 years of age shall be employed in any capacity in any place of business licensed under this chapter.
Sec. 7- 40. Promotions
No licensee or employee or agent of a licensee shall engage in any of the following practices in connection with the sale or other disposition of malt beverages and/or wine:
(1) The giving away of any ticket, token or any other item that can be exchanged for any malt beverage and/or wine upon the purchase of any other malt beverage and/or wine.
(2) The sale of two or more malt beverages and/or wine for a single price, or the sale of one serving of malt beverage and/or wine with a ticket, token or any other items redeemable for a subsequent serving of malt beverage and/or wine. Also prohibited is the sale of all such beverages a customer can or desires to drink at a single price.
(3) There shall be no discounts during certain hours, often known as “Happy Hour" Promotions.
(4) Food prices cannot be discounted as a marketing tool to encourage the purchase of malt beverages and/or wine.
Sec. 7- 41. Prohibited Acts
No licensee shall authorize or permit any patron or customer to bring onto the premises one or more alcoholic beverages purchased elsewhere, nor shall any such licensee authorize or permit any patron or customer to take out of the premises one or more alcoholic beverages. No licensee shall authorize or permit any patron or customer to bring or carry any deadly weapon or firearm on the premises except a law enforcement officer or other person authorized by federal or state law to bring or carry any deadly weapon or firearm on the premises; nor shall the licensee act as a keeper or custodian of any kind of deadly weapon or firearm for any customer or patron.
Sec. 7- 42. Lock and Key
All malt beverages and/or wine shall be under lock or fully covered by opaque material during those hours when their sale is not permitted. All malt beverages and/or wine owned or possessed contrary to the provisions of this chapter are declared to be contraband and shall be seized by the proper authorities.
Sec. 7- 43. “Brown Bag” and “Bring Your Own Bottle” Practices Prohibited in Restaurants.
It shall be unlawful for a person to bring alcoholic beverages into any restaurant or similar eating facility within the city limits or for any person to permit such.
Sec. 7- 44. Suspension or Revocation of License
(a) No person shall engage in the sale of malt beverages and/or wine for consumption on the licensed premises in the incorporated areas of the city without first complying with the rules and requirements set out in this chapter. Any license issued under this chapter shall be subject to suspension or revocation upon any of the following grounds:
(1) The making of any false statement on an application for a license issued under this chapter ;
(2) A violation of the rules and regulations set out in this chapter and/or the laws and/or regulations of the United States
(3) The failure to have the financial responsibility upon which issuance of the license was conditioned;
(4) Default in any obligation, of any kind whatsoever, lawfully owing to the city;
(5) Suspension or revocation of a state to license;
(6) Any violation of this chapter ; or
(7) For any other legal and sufficient cause.
(b) Any action taken by the Mayor and Council to suspend or revoke a license issued under this chapter shall not preclude and may be in addition to any criminal prosecution by a proper authority as provided by the laws and/or ordinances of the city, the state and/or the United States
AMENDMENT
The Mayor and Council of the City of Watkinsville hereby ordains: An Amendment to the Code of the City of Watkinsville, Georgia, regarding Chapter Seven, entitled “Pouring Licenses: Malt Beverages and Wine”.
WHEREAS, the City Code of Watkinsville, was adopted by the Mayor and Council on July 1, 1991, and provides that the same and/or any portion thereof may be amended from time to time by the Mayor and Council; and
WHEREAS, the Mayor and Council find that the following amendment to the Code promotes the health, safety, morals, convenience, order, prosperity and general welfare of Watkinsville, Georgia;
NOW, THEREFORE, BE IT ORDAINED that the Code is hereby amended as follows:
1.
By replacing the existing Pouring Licenses: Malt Beverages and Wine Ordinance which was initially adopted and approved on August 9, 2006, with the ordinance as approved by Council on June 9, 2010.
2.
All code sections, ordinances, resolutions, or parts of the code sections, ordinances or resolutions in conflict with this Amendment are hereby repealed.
3.
This Amendment shall become effective upon adoption.
4.
This Amendment is deemed to be severable, and if any section, subsection, paragraph, clause or provision of this Amendment shall be adjudged invalid or held unconstitutional, such decision shall no affect the remaining portions of this Amendment.
ADOPTED AND APPROVED by the Mayor and Council of the City of Watkinsville, Georgia on the 9th day of June, 2010, after a first reading on May 12, 2010.
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