§ 4-1. Definitions.
(a)
Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.).
(b)
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:
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.
Alcoholic beverage caterer means any retail dealer licensed pursuant to this chapter who provides alcohol at authorized events or functions.
Applicant means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license.
Barrel means a wooden vessel that is used to age/condition/ferment beer; a standard unit of measure is 31 gallons (27 CFR § 25.11).
Beer or 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 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. The term "beer" is used interchangeably with "malt beverage."
Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form.
Brown bag license, brown bagging or brown bagged means a license for any place of business open to the public or any private club which allows guests, patrons or members to purchase the establishment's wine on the premises, and leave with the unfinished portion after being corked by a permitted employee of the establishment.
Bring your own beverage (BYOB) license means a license for any place of business open to the public that allows patrons to bring in their own wine and beer; limited to wine and beer.
Church means any permanent place of public religious worship.
Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines.
Eating establishment means an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that neither barrels of beer sold to licensed wholesale dealers for distribution to retailers and retail consumption dealers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales.
Fixed salary means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages.
Farm winery means a domestic winery that is licensed as a farm winery by the State of Georgia.
Food caterer means any person that prepares food for consumption off the premises.
Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.
Full-service kitchen means a kitchen that consists of a commercial sink; a stove or grill permanently installed; and a refrigerator. All of which must be approved by the health and fire departments.
Golf club means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association.
Growler means a glass or ceramic container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off-premises consumption.
Hotel means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels.
Incidental license means a license for an establishment that does not sell food; cannot charge for alcohol; limited to wine and beer; consumption for any individual shall not exceed 16 ounces of wine or 24 ounces of beer within a calendar day; Alcohol expense shall not exceed two percent of gross receipts (gross receipts shall have the same meaning as provided in section 12-20).
License means the authorization by the governing authority of the city to engage in the sale of alcoholic beverages as provided for in this chapter.
Licensee means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation.
Limited tap license means a license for an establishment that does not sell food; Limited to four beer taps; kegs must be from breweries located no further than 50 aerial miles from the establishment; consumption for any individual shall not exceed 48 ounces within a calendar day; gain approval from the fire marshal and building official in accordance with applicable codes.
Liter means the metric measurement currently used by the United States.
Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means:
(1)
In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits;
(2)
In the case of malt beverages, any brewer; and
(3)
In the case of wine, any vintner.
Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale.
Pouring permit means an authorization granted by the city to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer or brown bag establishment.
Premises means the location, whether room, shop, or building, wherein activities permitted by this chapter are conducted.
Private club means any nonprofit association organized under state law which:
(1)
Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this chapter;
(2)
Has at least 75 regular dues-paying members;
(3)
Owns, hires or leases a building or space within a building for the reasonable use of its members with:
a.
A suitable kitchen and dining room space and equipment; and
b.
A sufficient number of employees for cooking, preparing and serving meals for its members and guests;
(4)
Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond a fixed salary.
Registered agent means a natural person age 21 years or older and residing in the city or the county who is empowered to act for and represent the licensee in all matters with the city relating to an establishment licensed or making application for a license to sell alcohol upon whom any process, notice or demand required or permitted by law or under this chapter may be served.
Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises, at retail, only to consumers and not for resale.
Retail package dealer means any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell.
School building or educational building. This applies 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 the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered.
Special event. This term shall have the same meaning as provided in section 64-1596.
Special events facility. This term shall have the same meaning as that provided for "assembly hall" or "rural or agricultural event facility" provided in section 64-1.
Specialty gift shop means any retail gift shop that derives not more than 15 percent of its gross sales from the sale of packaged gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or malt beverages.
Sports club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events.
(1)
To qualify for an alcoholic beverage consumption dealer's license, a sports club must have been actively in operation within the city at least two years prior to an application for license under this chapter; provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises.
(2)
A sports club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time.
(3)
Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers.
Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee.
Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, retail dealers, or retail consumption dealers.
Wine means any alcoholic beverage containing not more than 24 percent alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, and like products. "Wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition.
( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 16-01-267 , § 1, 1-4-2016; Ord. No. 17-05-316 , § 1, 5-15-2017)