§ 10-1. Definitions.
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
Alcoholic beverage means all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.
Applicant means an individual applying for any license authorized by this article.
Application means a form supplied by the city for the purpose of applying for any license authorized by this article.
Brewpub means a fully licensed restaurant where beer or malt beverages are manufactured and sold on the premises as an accessory use. Limited retail sales for on-premises consumption in draft form and wholesale distribution are permitted in accordance with O.C.G.A. § 3-5-36.
Business means a private commercial entity, a special event for profit or a nonprofit special event.
Catered function means a sporting, cultural, business or private unique activity, including festivals, celebrations, games, weddings, parties or other gatherings at which alcoholic beverages are served by a licensee holding a license from the city for the retail sale of malt beverages or wine or distilled spirits by the drink for on-premises consumption.
Church means a permanent building and grounds where persons regularly assemble for religious worship.
City means City of Fayetteville, Georgia.
Closely held corporation means a corporation not traded or listed on any stock exchange and which has fewer than 25 shareholders.
Convicted or conviction shall mean conviction, plea of nolo contendere, first offender, or plea of guilty.
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.
Family means any person related to a licensee within the first degree of consanguinity or affinity as determined by Georgia law, and any persons residing in the same household as the licensee.
Farm winery means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and is further defined in O.C.G.A. § 3-6-21.1
Food caterer means any person who prepares food for consumption off-premises.
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; this shall include but is not limited to brandy, but not including cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.
General manager means the chief officer and agent for licensee at the licensed premises, whose business and management responsibilities are performed predominantly at the licensed premises, who serves as the highest ranking supervisor at the licensed premises and who has supervisory authority over employees of licensee responsible for the selling, servicing, dispensing or taking orders for alcoholic beverages at the licensed premises, and who has authority to act for licensee in matters within the scope of licensee's ordinary business.
Growler means a bottle no less than 32 ounces that is used to hold wine or malt beverages that is dispensed by a licensed server from a tap and sealed airtight before being sold to the customer for off-premises consumption.
Individual means a natural person.
Interest in license means an interest held by an owner or co-owner of a license or a business holding a license; by a partner of a general or limited partnership which owns or co-owns a license or a business holding a license; a stockholder of five percent or more shares in any closely held corporation which owns or co-owns a license; a stockholder of 50 percent or more shares in any corporation whether closely held or not which owns or co-owns a license; an owner, co-owner, lessor, sublessor, partner in a partnership, stockholder of five percent or more stock of a closely held corporation, or stockholder of 50 percent or more of any corporation owning or leasing any real estate upon which is located a retail or wholesale dealer; or anyone sharing in the income or corpus of any trust or estate having such an interest; or a person having subscriptions, options, and/or warranty for purchase of five percent or more of a closely held corporation's stock or 50 percent or more of any corporation's stock.
License means authorization granted by the city to operate as a retail alcohol dealer, a retail consumption dealer, or a wholesale dealer of alcoholic beverages. There shall be eleven types of licenses, as listed in section 10-31(b) of this chapter/ordinance.
License department means the City of Fayetteville administration as designated by the city manager or his designee.
Licensed alcohol beverage caterer means any retail alcohol dealer who is a food caterer and has been licensed pursuant to article II of chapter 10 of the Fayetteville Code of Ordinances.
Licensed premises means a building or segregated part of a building, or the defined boundaries of a special event or catered function in which a valid and current license to sell retail malt beverages and/or wine and/or distilled beverages for on-premises consumption has been issued by the city and shall include any premises which are required by law to be so licensed.
Licensee means a person holding a license, or having an interest in a license.
Limited pour means, as to malt beverages, two servings not to exceed 16 ounces per serving to the same customer within a 24-hour period; and as to wine, two five-ounce servings to the same customer within a 24-hour period.
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 fourteen percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer and strong beer, but not including sake (rice wine).
Microbrewery means a manufacturer of malt beverages for wholesale sales only, and producing less than 15,000 barrels annually. Microbreweries may conduct promotional tours and offer free samples of malt beverages in accordance with O.C.G.A. § 3-5-38.
Package means a bottle, can, keg, barrel or other original consumer container.
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, or any entity.
Premises means the definite closed or partitioned-in locality, whether a room or shop with a building, a whole building or the boundaries of the venue for special event or catered function approved by the city.
Private residence means any house, dwelling, condominium, duplex, boarding or rooming house, apartment building, within or without the limits of the city; or any property, within or without the limits of the city, zoned for residential use.
Responsible licensee. To qualify as a responsible licensee, the licensee must:
(1)
Provide a course of instruction for its servers of alcohol that must include subjects dealing with alcoholic beverages as follows:
a.
The importance of not selling or serving alcoholic beverages to underage customers or visibly intoxicated persons.
b.
Classification of alcohol as a depressant and its effect on the human body, particularly on the ability to drive a motor vehicle.
c.
Effects of alcohol when taken with commonly used prescription and non-prescription drugs.
d.
Guidelines for recognizing underage customers or visibly intoxicated persons.
e.
Guidelines for checking and verifying age identification, and for recognizing false or altered identification.
f.
Guidelines for refusing sales of alcoholic beverages to underage customers and visibly intoxicated persons.
g.
State of Georgia laws and regulations regarding the sale and service of alcoholic beverages for consumption on- or off-premises, as applicable.
h.
City of Fayetteville ordinances and regulations regarding the sale and service of alcoholic beverages for consumption on- or off-premises, as applicable.
i.
Methods for reporting to law enforcement authorities customers and employees who use or distribute illegal drugs at the licensed premises.
(2)
Provide an alcohol server management course for managers of establishments that sell or serve alcoholic beverages where licensee is not the manager. The course must include subjects on alcoholic beverages as follows:
a.
State of Georgia laws and regulations and City of Fayetteville ordinances and regulations governing the service of alcoholic beverages and the operation of establishments serving alcoholic beverages.
b.
Development of standard operating procedures for dealing with under-aged customers and visibly intoxicated persons.
c.
Development of standard operating procedures for reporting to law enforcement customers and employees who use or distribute illegal drugs at the licensed premises.
d.
Methods of assisting employees in dealing with underaged customers and visibly intoxicated persons, and in maintaining records that relate to such incidents.
e.
Development of standard operating procedures for recognizing underage customers and visibly intoxicated persons.
f.
Development of guidelines for checking and verifying age identification, and for recognizing false or altered identification.
g.
Instructions on complying with City of Fayetteville's qualifications for a responsible licensee, and for administration of a server instruction course.
(3)
Require each nonmanagerial employee who is employed to serve alcoholic beverages to complete the employee training course specified in subsection (1) within 30 days after commencing employment. The licensee must provide for the supervision of such an employee in the service of alcoholic beverages until the employee has received such training.
(4)
Require each managerial employee to complete the managerial training course specified in subsection (2) within 15 days after commencing employment.
(5)
Require all employees to attend one meeting every four months that must include the dissemination of information covering the applicable subjects specified in this section and an explanation of the licensee's policies and procedures relating to those subjects.
(6)
Establish a written policy under which any employee who engages in the illegal use of controlled substances on the licensed premises will be immediately dismissed from employment and require each employee to acknowledge the policy in writing.
(7)
Maintain employment records of the applications, acknowledgements, and training of its employees required by this section and records of the licensee's enforcement of the policies requiring dismissal specified in subsection (6).
(8)
Post signs on the vendor's premises informing customers of the licensee's policy against serving alcoholic beverages to under-aged persons and informing customers that the purchase of alcoholic beverages by an under-aged person or the illegal use of or trafficking in controlled substances will result in ejection from the premises and prosecution.
Retail alcohol dealer as used in this chapter means a retail store open to the public and meeting the generally accepted characteristics of a grocery store, convenience store or drug store containing a pharmacy dispensing prescription drugs. A retail alcohol dealer must carry an inventory of goods displayed for sale to the public of which at least 55 percent shall be groceries, and must at all times maintain at least $10,000.00, wholesale value, of grocery inventory. For purposes of this section, "groceries" must include the following household items: medicines and related supplies; household cleaning supplies; health, beauty, and bath supplies; household paper products; household pet food and supplies; and non-alcoholic food products for home preparation, and does not include alcoholic beverages, gasoline, diesel fuel, motor oil, grease or other petroleum products used for the maintenance or operation of motor vehicles. A retail alcohol dealer must dedicate at least 2,000 square feet of the licensed premises to the display for sale of its grocery inventory. If a licensed premises is a part of a larger premises selling inventory other than groceries, the portion of the larger premises constituting the licensed premises acting as a retail alcohol dealer must comply with all grocery inventory requirements, and shall constitute at least 25 percent of the total retail square footage of the larger premises.
Retail consumption dealer means any person who sells alcoholic beverages at retail for consumption on the premises only, and not for resale.
Retail dealer means any person who sells alcoholic beverages at retail only to consumers and not for resale.
Retail sale for off-premises consumption refers to the selling of alcoholic beverages for consumption elsewhere and not on the site of sale; however shall not prohibit wine or malt beverage sampling as permitted by this chapter.
Retail sale for on-premises consumption refers to the selling of alcoholic beverages for consumption at the site of the sale.
Special event means a sporting, cultural, business or other type of unique activity including festivals, celebrations, games or other gatherings, occurring for a limited or fixed duration and presented to a live audience, that impacts the city by involving the use of, or having impact on, the city's public property, infrastructure, services or resources. It usually occurs on public property but sometimes can occur on private property and have an impact upon city property, other private property or private rights, or city services, infrastructure or other resources. The venue for a special event must be approved by the city.
Special event for profit means a for profit special event by an entity which is not currently licensed pursuant to this chapter 10, but which has obtained an alcohol license for a special event from the Georgia Department of Revenue.
Special event non-profit means a nonprofit civic organization which is not currently licensed pursuant to this chapter 10, but has been issued a temporary license by the Georgia Department of Revenue to sell alcoholic beverages for consumption on the premises or to sell wine (including at auction) at retail for off-premises consumption, or both.
Wholesale dealer means any person who sells alcoholic beverages to retail consumption dealers, retail dealers or other wholesale dealers for resale.
Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added, including, but not limited to, sparkling wine, champagne, combinations of such beverages, vermouth, special natural wine, rectified wine and like products, but not including cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.
Wine bar means a fully licensed restaurant, with a floor area not exceeding 2,000 square feet, which sells alcoholic beverages, not including distilled spirits, with a primary focus on wine sales by the glass.
Wine/malt beverage tasting event means a special event where wine and malt beverage sampling can occur, typically when a customer requests a sample offered for sale within the premises, or in conjunction with education classes and sampling designed to promote wine and malt beverage appreciation and education, or as a non-profit fundraiser.
Wine tasting room means an outlet, authorized by the State of Georgia, for the promotion of a Georgia farm winery's wine by providing samples of such wine to the public and providing for retail wine sales in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.
(Ord. No. 0-41-02, §§ 1, 2, 9-19-02; Ord. No. 0-19-12, arts. 1, 2, 9-20-12; Ord. No. 0-16-14, art. 1, 9-18-14; Ord. No. 0-15-16 , art. 1, 9-1-16)
Cross reference
Definitions generally, § 1-2.