§ 6-1. Malt beverages and wine pouring licenses for consumption on the premises.

In accordance with the laws of the State of Georgia, it is necessary and expedient for the City of Union Point, to establish and promulgate certain standards and regulations in regard to the sale, tax and control of malt beverages and wine in said city. The following rules, regulations, pouring licenses, taxes and standards shall be effective once passed, and until amended and modified thereafter:

(1)

Definitions. The following words shall be defined in this article as follows:

Alcohol means the product of distillation of any liquid, whether rectified or diluted, whatever may be the origin thereof, and shall include synthetic ethyl alcohol.

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.

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.

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 pouring license issued pursuant to this chapter.

Premises means the location where a pouring licensee is authorized to sell alcoholic beverages. The premises of restaurants shall include outdoor seating areas owned or leased by the pouring licensee.

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 40 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 nonalcoholic beverages sales and shall have gross food sales in excess of $100,000.00 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 four—six age group and fostering their natural growth and social development through constructive play, including pre-K and kindergarten programs.

Wholesalers or wholesale distributor means any person, form or corporation engaged in distribution or selling to retailers for the purpose of resale of malt beverages and/or wine.

Governing authority means the city council of Union Point Georgia.

Malt beverage(s) means any beer, ale or like beverage.

Wine means the fermented juice of any fruit or plant.

(2)

Eligibility requirements for malt beverages and wine pouring license.

a.

No malt beverage and wine pouring license shall be granted to any person unless such person is at least 25 years of age and has been a resident of the state for a minimum of one-year prior to filing an application for such pouring license. In the event a corporation or LLC should be an applicant and said corporation or LLC has not been incorporated and/or allowed to do business by the secretary of state in Georgia for said one-year period, then the incorporator or organizer of said corporation or LLC and the owners of at least 80 percent of the stock or membership percentage of said corporation or LLC shall all have been resident of said state for one year prior to filing an application for such pouring license. If a corporation or LLC shall 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.

b.

No officials or employee of the city, or member of its governing authority shall be eligible to receive a malt beverage and wine pouring license; provided, however, that any nonprofit corporation whose earnings are purely civic and for community purposes may be organized or owned by or operated by members of the governing authority of said city, and by employees of said city as the case may be.

c.

No malt beverage and wine pouring license shall be granted to any person unless the entire business premises of the proposed location is situated beyond 100 yards from the property line of any school building, school grounds, or college campus, any housing authority property or any building used as an alcohol rehabilitation center. The 100 yards shall be measured by way of the nearest traveled road, street, or highway, as provided by law. The governing authority may require each application for a malt beverage and wine pouring license to include a scale drawing of the location of the proposed premises showing the distance to the nearest church or school, and a certificate of a registered survey or that such location complies with this chapter with reference to this section. In accordance with O.C.G.A. § 3-3-21, the term "school building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state. The term shall not apply to homes or buildings where home schooling is conducted.

d.

A separate malt beverage and wine pouring license shall be required for each such place of business.

e.

No malt beverage and wine pouring license shall be issued to any person unless the building in which the business will be located is complete and detailed plans of said building and 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 all resolutions and ordinances of the city, and regulations of the state revenue commissioner and state laws. The proposed building shall also be subject to final inspection and approval, when completed, by the city building inspector. Each applicant for a license must provide evidence of ownership of the building or proposed building or a copy of the lease, if the applicant is leasing the building.

f.

No applicant for a pouring license, including shareholders/members of corporations/LLC's, who has a conviction or has pled nolo contendere within the previous ten years of the date of his application to a felony, or to a misdemeanor involving moral turpitude, shall be granted a pouring license.

g.

Minimum percentage of nonbeer and nonwine product sales required. No pouring license shall be issued under this section to any public or private business or person unless such business or person derives at least 75 percent of its total annual gross sales income from the sale of products other than beer or wine.

h.

Minimum amount of nonbeer and nonwine product sales required. No pouring license shall be issued under this section to any public or private business or person unless such business or person has total annual gross sales income from the sale of products other than beer or wine in an amount exceeding $100,000.00 per calendar year (January 1 to December 31).

i.

The governing authority, in its reasonable discretion, may consider any and all relevant circumstances which may reflect favorable or unfavorably on the applicant, application or the proposed location of the business if in its reasonable judgment, circumstances are such that the granting, suspension or revocation of the pouring license would or would not be in the best interest of the general public, such circumstances may be grounds for the decision of the governing authority. The decision shall be made within 60 days.

(3)

Applications. Application for a malt beverage and wine pouring license shall be made on forms furnished by the governing authority as follows:

a.

A pouring license shall be valid only for the calendar year indicated thereon and no such pouring license may be renewed. A pouring licensee who desires to continue in business during a subsequent calendar year must make a new application for such year prior to December 15 of the preceding year.

b.

In addition to the completion and submission of application form as required by the governing authority, each applicant shall attach thereto a completed form with all attachments and requirements for a state pouring license.

c.

Before any malt beverage and wine pouring license is granted, the applicant must post with the governing authority, along with his application, a performance bond with an insurance company as surety. Said bond is to be conditioned requiring the faithful observance and performance by the pouring licensee of the rules and regulations contained in this section. Upon the violation of this section, or any part thereof, the amount of the bond to be forfeited will be determined by the seriousness of the violations as determined by the governing authority. Said bond is to be approved by the governing authority and shall be properly executed. Said bond shall be in the amount of $2,500.00 for a wholesale license and $500.00 for a pouring license. In lieu of the $500.00 bond required hereinabove, the city will accept a letter of credit or a certificate of deposit from a FDIC insured bank in the amount of $500.00.

d.

All applications for a malt beverage and wine pouring license shall be presented in person.

(4)

Pouring license fee for sales of malt beverages and wine.

a.

The annual fee for a malt beverage and wine pouring license shall be $500.00 per annum and shall be paid prior to the issuance of such pouring license, said fee to accompany the application and shall be either in cash or bank certified check. All pouring licenses shall expire on December 31 of the year they were granted. No pouring license fee shall be prorated. No partial pouring licenses either for malt beverage or for wine sales shall be issued, nor may they be assumed by any pouring licensee because the potential pouring licensee does not intend to sell one or the other. The issuance of pouring license for either the sale of malt beverage or wine or both must be preceded by the payment of the full fee of $500.00 upon application for said pouring license.

b.

In addition to said annual malt beverage and wine pouring license fee required there is hereby levied an excise tax computed as prescribed in O.C.G.A. § § 3-6-50, 3-5-60, 3-5-60 and 3-5-80 with the following addition:

1.

Wine sales. Wine shall be taxed at the rate of $.22 per liter and proportionate taxes at like rates on all fractional parts of a liter.

2.

Beer sales.

i.

Malt beverages, commonly known as tap or draft beer, sold in or from a barrel or bulk container, shall be at a rate of $6.00 on each container sold, containing not more than 15½ gallons; and

ii.

Where malt beverages are sold in bottles, cans or other containers, except barrel or bulk containers, a tax of $.05 per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.

(5)

Wholesalers.

a.

Any wholesale distributor in malt beverages and wine licensed by the state or the agent of such licensed wholesale distributor, may be granted a permit to distribute such malt beverages and wine in the city, upon application of such permit to the city clerk/treasurer, upon the presentation of evidence satisfactory to said city that the applicant understands and will comply with all terms and conditions and provisions of the section governing the sale of malt beverages and wine in the city, as said section may be amended, including, but not limited to, those under which licenses are issued, and upon payment of an annual fee of $2,500,00.

b.

Permit fees and performance bonds required. All wholesale distributors doing business in the city shall also be required to provide with the aforesaid application, a performance bond in the amount of $2,500.00 in cash or with security satisfactory and payable to the city council.

c.

Pouring licensees cannot operate as wholesalers. No pouring licensee shall keep any malt beverages or wine stored in any bonded or other type warehouse in the city, nor shall he enter into any type of arrangement whereby malt beverages or wine ordered by him by any licensed wholesaler. A pouring licensee shall keep no inventory or stock of malt beverages and wine at any place except his licensed place of business, and within his licensed place of business.

(6)

Telephone. A pouring licensee shall maintain on the licensed premises at all times a telephone in good working order.

(7)

Sundays. On all Sundays, all pouring licensees shall fully cover with opaque material or put under lock and key all malt beverages and/or wine on the premises of the pouring licensee.

(8)

Transportation.

a.

All malt beverages transported or delivered to a pouring licensee in the city, shall be packaged in the following manner, to-wit: 7, 8 or 12 oz. sealed containers packaged 4, 6 or 12 per package; 16 oz. sealed containers packaged 6 per package; 24 oz. sealed containers packaged only by the full case; 32 oz. sealed containers packaged only by the case; and draft beer in sealed containers which contain ½ barrel (15½ gal.). One-quarter barrel (7-3/4 gal.) or any other size as draft beer is normally sold, transported and delivered in sealed containers within the state.

b.

All wine transported or delivered to a pouring licensee in the city, shall be packaged in containers specified in the standards of fill for wine prescribed by the Department of the Treasury of the United States for wines shipped in interstate commerce. The federal regulations relating to standards of fill for wine are adopted and incorporated by reference in this paragraph. Wines manufactured and produced in the state shall be exempt from the provisions of this paragraph to the extent that they are exempted from the provisions of O.C.G.A. § 3-6-28 as amended from time to time.

(9)

Pouring licensee qualifications. The following additional requirements shall be considered in all decisions pertaining to the issuance or denial of pouring licenses hereunder:

a.

All applicants for a pouring license must show financial responsibility. The council 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 council, and must be fully completed by the applicant and filed by the applicant with the clerk/treasurer.

b.

No officials or employees of the city shall be eligible to receive a pouring license.

c.

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 applicant is leasing the premises, the applicant must provide a copy of the lease.

d.

Reserved.

e.

All applicants for a pouring license must be of good character, and all operators, managers, clerks, or other employees shall be of good character. Furthermore, corporate or firm applicants shall also be of good business reputation.

f.

A pouring 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 pouring license for any reason whatsoever.

g.

The council, in its reasonable 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 reasonable judgment of the council circumstances are such that the granting of the pouring license would not be in the best interest of the general public, such circumstances may be grounds for denying the application.

h.

A corporate pouring license applicant shall appoint and designate to the council an agent authorized to receive service of process under the laws of the state. If no such designation is made, the council may serve or notify the applicant or pouring license holder at any address of the applicant or pouring license holder known to the council.

i.

The council shall give notice in writing to the applicant of any decision to grant or deny an application. The notice shall give the reason(s) for the decision.

j.

Whenever the council 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 council. The applicant shall be entitled at such a hearing to present evidence and cross-examine opposing witnesses.

(10)

Delivery and sales of malt beverages and/or wines.

a.

No pouring licensee shall sell or deliver any malt beverages and/or wine to any person except in said licensee's place of business.

b.

No pouring licensee shall furnish, sell or offer for sale any malt beverages or wine as follows:

1.

At any times except between 11:00 a.m. and 11:00 p.m. daily, Monday through and including Saturday.

2.

At any time in violation of state law, state rules or regulations, local ordinances or regulations of the governing authority.

c.

No person knowingly and intentionally offer for sale, sell, barter, exchange, give, provide or furnish malt beverages or wine to any person who is confined in any jail, penal institution, correction facility, prison camp, penitentiary, or other lawful place of confinement, or to any person who is an inmate of the central state hospital, or is noticeably intoxicated, or who is of unsound mind, or is a habitual drunkard whose intemperate habits are known to said person.

d.

No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages.

e.

The holder of a pouring license to sell malt beverages and wine shall post in a conspicuous place in his establishment a sign printed in letters at least four inches high reading as follows: "Sale of malt beverages and wine to persons under 21 years strictly prohibited" and "Sale of malt beverages and wine on Sundays strictly prohibited."

f.

The holder of a pouring license to sell malt beverages and wine shall require proof of age with each and every sale under the pouring license, without exception.

(11)

Copy of section. All holders of a pouring license for the sale of malt beverages and wine shall keep a copy of this section in his premises and shall instruct any person working there with respect to the terms hereof and each pouring licensee, or his agents selling malt beverages and/or wine shall at all times be familiar with the terms hereof. The pouring licensees shall be responsible for any acts of agents and employees which are in violation of this section or of the laws of the state or the rules and regulations of the state revenue commissioners.

(12)

Inspections. The business premises of the holder of a malt beverages and wine pouring license for the sale of malt beverages and wine shall be open to inspection at any and all times by officers or officials authorized to conduct such inspections.

(13)

False statement. The making of any statement on an application for pouring license to sell malt beverages and wine which shall be later found to be false shall constitute grounds for revocation of said pouring license.

(14)

Gambling. There shall be no gambling, betting, games of chance, punch boards, vending machine, slot machines, pin-ball machines, lotteries, or tickets of chance therein or the operation of any schemes for hazarding money or any other thing of value in any pouring licensee's place of business or any room adjoining the same, owned, leased, or controlled by the pouring licensee, with the exception of the participation in chapter 27 of title 50, the "Georgia Lottery for Education Act" as regulated by the board of directors of the Georgia Lottery Corporation.

(15)

Display of pouring license. Pouring licenses under this section shall be displayed prominently at all times on the premises for which same was issued.

(16)

Reports.

a.

Each pouring licensee under this section shall as a condition of maintaining such pouring license, provide for the clerk/treasurer's inspection within 30 days after the end of each calendar quarter:

1.

A sworn statement of the pouring licensee's sales during the preceding calendar quarter on forms approved by the city. The forms for such quarterly verified statements shall reflect the pouring licensee's gross dollar sales amount for total sales for the applicable calendar quarter, the gross dollar sales amount for malt beverages and wine for the applicable calendar quarter, and gross dollar sales amount for food items for the applicable calendar quarter.

2.

Certified copies of the pouring 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 calendar quarter.

b.

Any sale of a food or beverage containing any malt beverage and wine shall be deemed to be a sale solely of a malt beverage and wine; such sale shall not be included as "food sale" in the quarterly reports. The fact that the sale of food during any calendar quarter exceeds by three times the sales of malt beverages and wine shall not be conclusive that the pouring licensee is meeting the requirements of operating a restaurant as defined in this section. However, the failure of the food sales to so exceed by three times the sale of malt beverages and wine 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. Said forms shall be used solely by the city for determination of whether or not the pouring licensee remains qualified to hold its pouring license. Failure to timely file such statements shall be a violation of a city ordinance punishable by a fine of up to $500.00 and cause for revocation of the pouring license granted under this section.

(17)

Pouring license suspension and revocation. No person shall engage in the sale of malt beverages or wine in the city without first complying with the rules and regulations set out in this section. Any person violating the rules and regulations set out in this section shall be subject to revocation of his pouring license and punishment as prescribed by the governing authority. In addition to the rules and regulations hereinabove set out each pouring licensee doing business in the city under this section shall comply with all state laws, federal laws, and rules and regulations of the state revenue commissioner relating to the sale of distribution of malt beverages and wine in the state, and any violation of same shall subject the pouring licensee to immediate suspension or revocation of his malt beverage and wine pouring license and also shall subject said pouring licensee to criminal prosecution by the proper authority as provided by law and the ordinances and resolutions of the governing authority. Any action taken by the city council to suspend or revoke a pouring 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.

(18)

Due process. The granting or refusal and the suspension or revocation of the pouring licenses under the provisions of this section shall be in accordance with the following guidelines of due process:

a.

The provisions of this section as same may be amended shall constitute ascertainable standards upon which all decisions pertaining to these pouring licenses shall be based;

b.

All decisions approving, denying, suspending or revoking such pouring licenses shall be in writing with the reasons therefor stated, and mailed or delivered to the applicant; and

c.

Upon application in writing to the clerk/treasurer within 30 days of the adverse action, any applicant aggrieved by the decision of the city council regarding a pouring license, shall be afforded, within 60 days thereafter, a hearing with an opportunity to present evidence and cross examine opposing witnesses. The city council shall render a decision within 35 days thereafter.

(19)

Pouring license nontransferable. No malt beverage and wine pouring license shall be transferable or assignable to any person or other location. In the event that pouring licensed business is sold or closed, it shall be the duty of the new owner or occupant to apply for a pouring license which may or may not be granted.

(20)

Sales to minors.

a.

The term "minor" as used in this section 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 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 to and/or wine to which he is not legally entitled.

d.

No person engaged in the business regulated hereunder shall make or permit to be made any sale of malt beverages and/or wine to minors.

e.

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 forfeiture of pouring license.

(21)

Exceptions on sales to minors. The prohibition contained in this section to individuals under the age of 21 shall not apply with respect to the possession of malt beverages, wine and/or any other alcoholic beverage for consumption in the following instances:

a.

For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in the state; or

b.

At a religious ceremony.

(22)

Display of signs. Outside advertising is prohibited. No pouring licensee shall use signs, or any other visible means of advertising the sale of malt beverages or wines, on the outside of the building in which the business of a pouring licensee is located, or any other building. No pouring licensee shall use blinking signs to advertise the sale of malt beverages or wines within the premises.

(23)

Posting of warnings. The pouring licensee shall also post in a conspicuous place in the pouring 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."

(24)

Production of records. In conjunction with any pouring license application or any pouring license issued under the terms hereof, or in conjunction with the revocation, suspension or cancellation of any pouring license or in conjunction with any of the hearings contemplated by this section, or in conjunction with the payment or nonpayment of any excise tax levied or to be collected hereunder, the council shall have the right to subpoena all or any part of the records, books, documents, reports or invoices of any applicant or pouring licensee. Said subpoena right shall be had for the purposes of auditing the records of such applicant or pouring licensee, securing compliance by such pouring licensee with the provisions of this section, proving or disproving violation of any part of this section by any pouring licensee, or to show payment or nonpayment of any taxes, fees, charges or me like due hereunder.

(25)

Delivery. It shall be unlawful for any pouring licensee to make delivery of any malt beverage and wine except inside of the premises or area licensed for the sale thereof.

(26)

Criminal record. It shall be unlawful for any pouring licensee to knowingly allow any person with a criminal record for violence or disorder to frequent the premises or loiter on the premises.

(27)

Prostitution. It shall be unlawful for any pouring licensee to knowingly allow any person to frequent the pouring licensee's premises for the purpose of soliciting prostitution.

(28)

Police reports. It shall be unlawful for any pouring licensee to fail to report to the police at the earliest possible time known incidents of a criminal nature that happen on the pouring licensee's premises. It shall be unlawful for any pouring licensee to willfully withhold from the police (any information pertaining to any crime that may have happened on the premises.

(29)

Police records. It shall be unlawful for any pouring licensee to employ on the premises any person who in the preceding ten years has been convicted of a felony or misdemeanor involving moral turpitude in the state or who has been convicted of a crime outside the state which would be a felony or misdemeanor involving moral turpitude in the state. It shall also be unlawful for any pouring licensee to knowingly allow any criminal act to be committed on the premises. No applicant or pouring licensee shall have been convicted of or plead nolo contendere to, within ten years of the date of application, a felony or a misdemeanor involving moral turpitude, or any crime relating to the sale of alcoholic beverages. If the applicant or pouring licensee is a partnership, all members of such partnership must meet this requirement. If the applicant or pouring licensee is a corporation, all stockholders and officers of the corporation must meet this requirement.

(30)

Containers. It shall be unlawful for pouring 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 wine.

(31)

Conditions of premises.

a.

All premises used for the sale or 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 building inspector, and any authorized law enforcement officers to determine if the premises are in compliance with all city, county and state rules, regulations, laws, and codes.

(32)

Promotions. No pouring licensee or employee or agent of a pouring licensee shall engage in any of the following practices in connection with the sale or other disposition of malt beverages and wine:

a.

The giving away of any ticket, token or any other item that can be exchanged for any malt beverage or wine upon the purchase of any other malt beverage or wine;

b.

The sale of two or more malt beverages or wine for a single price, or the sale of one serving of malt beverage or wine with a ticket, token or any other items redeemable for a subsequent serving of malt beverage or wine. Also prohibited hereunder is the sale of all such beverages a customer can or desires to drink at a single price.

(33)

Prohibited acts. No pouring 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 pouring licensee authorize or permit any patron or customer to take out of the premises one or more alcoholic beverages. No pouring 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 pouring licensee act as a keeper, bailee or custodian of any kind of deadly weapon or firearm for any customer or patron.

(34)

Pouring licenses. Notwithstanding anything to the contrary in this section, any business or restaurant or food service establishment in the city, which has purchased a pouring license as heretofore described under this section, may also purchase a pouring license for malt beverages and wine. All applicants must be persons who shall operate as the proposed pouring licensed place of business a "restaurant" as defined in this section. No lounges shall be permitted. The fee for the pouring license shall be $300.00 per year or any fraction of a year thereof, and the pouring license period shall run from January 1 to December 31. No establishment which shall sell groceries in the same room as the restaurant or have amusement devices shall be eligible for a pouring license. A restaurant or a food service establishment is must sell meals to customers. Sale of snack type foods or quick order type foods shall not qualify. The issuance of a pouring license shall be reasonably determined by the governing authority using the criteria and standards set forth hereinabove particularly in subsections (2), (3) and (9) hereinabove. The city shall look to the best interests of the general public. Under no circumstances may any holder of a wholesale or package license allow malt beverages or wine to be consumed on said licensee's premises without being granted said pouring license.

All pouring licensees shall remove or cause to be removed from the area of the premises utilized by the customers or patrons all malt beverages and wine at least one-half hour before closing.

A person holding a valid state pouring license for the sale of any beverage alcohol where such products are consumed on the premises and a valid package sales pouring license at locations where the premises of each place of business is contiguous to the other, may have a door between the place of business and the consumption on premises place of business subject to the following conditions:

a.

Each place of business must hold a proper pouring license.

b.

Each place of business must operate in compliance with all laws and regulations applicable to such business.

c.

The door between the places of business must be closed and locked during days and hours when the operation of either place of business is prohibited.

d.

Each place of business must have a separate entrance for the public and no common entrance shall be permitted.

e.

Each place of business shall have a trade name which shall not be the same for both places of business.

f.

Any storage room for the place of business shall be in compliance with all rules and regulations pertaining to such place of business.

g.

A sale may not be consummated or delivery made of package beer or wine except in the place of business.

h.

Only the pouring licensee of each place of business or his employees shall be permitted ingress and egress through the passage-way or door separating the two places of business, and all such persons must have a proper personnel statement on file with the department at all times.

i.

A separate cash register shall be maintained in each place of business and all business transactions shall be kept separate.

j.

The passage-way or door between the two places of business shall be located behind the bar or service counter of each place of business or otherwise so situated or maintained as to be accessible only to the pouring licensee or his employees and such passage-way or door shall not be used by customers, patrons, or any other persons not permitted by this regulation. Any connecting door or passage-way which is not located behind the bar or service counter of each place of business must be specially approved by the commissioner, and there shall be permanently affixed on or beside such door or passage-way a sign in letters at least two inches in height stating, "Employees Only May Use This Door—Revenue Regulations 560-2-3-.43".

2.

It is the express intent of this regulation that if a package sales store is operated adjacent to an establishment which sells beer or wine for consumption on the premises as provided in section 1. of this regulation, with an inside connecting service door, such package sales store shall remain a distinct and separate business entity, and the package sales store is hereby declared to be a separate premise from the establishment which sells beer or wine for consumption on the premises.

3.

An establishment pouring licensed to sell beer or wine for consumption on the premises in accordance with section 1. of this regulation may sell items commonly associated with such establishments including potato chips, prepared food, snacks, soft drinks, cigarettes, cigars, lighters and accessories, and similar items but shall not sell items not commonly associated with such establishments. It shall be a violation of this regulation for any pouring licensee to sell, offer to sell or keep for the purpose of sale any item not commonly associated with such establishment and such prohibited items shall include but is not limited to guns, ammunition, knives, weapons of any character, gambling paraphernalia including playing cards or dice, nonimmediately consumable items including groceries or any other items not commonly associated with the consumption of beverage alcohol or establishments pouring licensed for the sale of such beverage alcohol for consumption on the premises.

(35)

Violations. Any violation of the provisions of this section shall subject the offender to a fine of not more than $500.00 for each violation in addition to such violation being a cause for revocation or suspension of the offender's pouring license by the governing authority.

(36)

Enforcement. By acceptance of any pouring license under this section the pouring licensee agrees that law enforcement officers of the city or any other enforcement agency which enforces the laws within the city municipality shall have the right to enter the premises of the pouring licensee for purposes of determining compliance with this section.

(37)

Incorporation of state laws. The state laws and regulations relating to the sale and distribution of malt beverages and wines in the state, as revised, promulgated by the state revenue department, and especially as relates to sale for consumption, are hereby incorporated into and made a part of this section as if fully set out herein.

(38)

Adult entertainment. Based on the experiences of other counties and municipalities, which experiences are relevant to the problems faced by the city, the city council notes the conditions and occurrences generally associated with adult entertainment establishments. It is the finding of the city 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 city 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 state law at O.C.G.A. § 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 1,000 feet 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.

(39)

Prostitution. It shall be unlawful for any pouring licensee to knowingly allow any person to frequent the pouring licensee's premises for the purpose of soliciting prostitution.

(40)

"Brown bag" and "bring your own bottle" practices prohibited. 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.

(Amend. of 5-13-2008, § 1; Amend. of 10-14-2008, § 1(Exh. A))