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Chapter 4
ALCOHOLIC BEVERAGES*
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* Cross References: Businesses, Ch. 4; buildings and building regulations, Ch. 8; alcoholic beverages prohibited at Lake Grace, § 24-33.
State Law References: Use of proceeds of alcoholic beverage tax for prevention, education and treatment, Ga. Const. art. 3, sec. 9, par. 6; Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; furnishing to, purchase of or possession by persons under 21 years of age, use of false identification, O.C.G.A. § 3-3-23; public drunkenness, O.C.G.A. § 16-11-41; furnishing alcoholic beverages to persons under 21 years of age, jurisdiction of municipal courts, O.C.G.A. § 36-32-10; treatment of alcoholics and intoxicated persons, O.C.G.A. § 37-8-1 et seq.; driving under the influence of alcohol or drugs, O.C.G.A. § 40-6-391.
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Article I. In General
Sec. 4-1. Definitions.
Secs. 4-2--4-25. Reserved.
Article II. Licenses
Sec. 4-26. Character of applicant.
Sec. 4-27. Criminal record disqualifies applicant.
Sec. 4-28. Location of establishments near dwellings.
Sec. 4-28.1. Location of retailed package liquor licenses.
Sec. 4-29. Separate license for each business; residency requirement.
Sec. 4-30. Transfer.
Sec. 4-31. Inspection of premises.
Sec. 4-32. Filing of new application after revocation or denial; time period.
Sec. 4-33. Unlawful hours of sale.
Sec. 4-34. Posting of article provisions.
Sec. 4-35. Applicants posing as front.
Sec. 4-36. Issuance and renewal.
Sec. 4-37. Suspension, revocation.
Sec. 4-38. Prohibited issuances.
Sec. 4-38.1. Limitation upon number of retail dealer licenses issued.
Sec. 4-39. Fees.
Sec. 4-40. Provisions deemed supplementary.
Secs. 4-41--4-60. Reserved.
Article III. Excise Taxes
Division 1. Generally
Sec. 4-61. Inspection and audit of books and records.
Secs. 4-62--4-70. Reserved.
Division 2. Malt Beverages
Sec. 4-71. Levy.
Sec. 4-72. Payment.
Secs. 4-73--4-85. Reserved.
Division 3. Packaged Distilled Spirits
Sec. 4-86. Levy.
Sec. 4-87. Payment.
Secs. 4-88--4-100. Reserved.
Division 4. Wine
Sec. 4-101. Levy.
Sec. 4-102. Payment.
ARTICLE I.
IN GENERAL
Sec. 4-1. 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:
Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.
County shall refer to and shall include all property within the confines of the county but excluding all property located within the corporate limits of any municipal corporation located therein.
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.
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.
Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination of such products in water, containing not more than six percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine.
Package means a bottle, can, keg, barrel or other original consumer container.
Retailer or retail dealer means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale.
Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.
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. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term 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 that point in the manufacturing process when it conforms to the definition of wine contained in this section.
Secs. 4-2--4-25. Reserved.
ARTICLE II.
LICENSES
Sec. 4-26. Character of applicant.
All applicants for retail alcoholic beverage licenses, which may be issued under this article, and all persons who will be employed at the establishment at which the license will be exercised shall be of good moral character, to be judged of and by the board of commissioners. If any of them are found by the board not to be of good character, the application shall be denied.
(Ord. of 5-1-84, § 2(a))
Sec. 4-27. Criminal record disqualifies applicant.
No applicant for a retail alcoholic beverage license, which may be issued under this article, who has a criminal record or who has been convicted of violating any law or regulation of the state or any political subdivision thereof, or of the United States of America, governing or relating to the sale of any alcoholic beverage, shall be granted a license pursuant to this article. The forfeiture of bond or collateral shall be considered as a conviction for the purpose of this section.
(Ord. of 5-1-84, § 2(b))
Sec. 4-28. Location of establishments near dwellings.
No new alcoholic beverage license shall be issued under this article for a location within 250 feet of a dwelling house without the written consent of the owner of same. This provision does not apply to any location which was licensed prior to January 1, 1984. This prohibition does not apply where a dwelling house was constructed or moved within 250 feet of a location with an existing license. The distance is to be measured from the front entrance of the proposed location to the nearest corner of the outside wall of the dwelling house. For the purpose of this section, dwelling house shall include mobile or relocatable homes, duplexes and apartment buildings.
(Ord. of 5-1-84, § 2(c))
Sec. 4-28.1. Location of retailed package liquor licenses.
No new retail package liquor license for a business engaged in the retail package sales of distilled spirits shall be issued within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided however, this limitation shall not apply to any hotel licensed under this chapter. Further provided, that this restriction shall not apply at any location for which a retail package liquor license has been issued prior to July 1, 1997, nor to the renewal of such license.
(Ord. of 2-2-04, § 1)
Sec. 4-29. Separate license for each business; residency requirement.
A separate alcoholic beverage license shall be required for each place of business. All applicants for licenses under this article shall be bona fide residents of the county and shall remain bona fide residents of the county during all times that such licenses and renewals thereof are in effect.
(Ord. of 5-1-84, § 2(d))
Sec. 4-30. Transfer.
No alcoholic beverage license issued under this article shall be assignable or transferable except from one partner to another in the licensed business and, if a licensed business is sold or closed, the licensee must immediately surrender his license to the county administrator for cancellation.
(Ord. of 5-1-84, § 2(e))
Sec. 4-31. Inspection of premises.
The premises of any establishment licensed under this article shall be made available by the licensee for inspection at all reasonable times by the board of commissioners, the county administrator or other authorized personnel.
(Ord. of 5-1-84, § 2(f))
Sec. 4-32. Filing of new application after revocation or denial; time period.
No license shall be issued under this article to any person whose license has been revoked, within a period of 12 months following the date of such revocation, either at the location at which the license was revoked or at any other location. If an applicant is denied a license based on section 4-36, no new application by him will be considered within 12 months of the denial.
(Ord. of 5-1-84, § 2(g))
Sec. 4-33. Unlawful hours of sale.
No alcoholic beverage licensed for sale under this article shall be sold at any time when the sale thereof is prohibited by state law and at no time between the hours of 1:45 a.m. and 8:00 a.m. the following day.
(Ord. of 5-1-84, § 2(h))
Sec. 4-34. Posting of article provisions.
All holders of alcoholic beverage licenses issued under this article shall keep a copy of this article posted in the licensed premises at all times and shall thoroughly familiarize themselves and thoroughly instruct each employee of such establishment with respect to the provisions hereof.
(Ord. of 5-1-84, § 2(i))
Sec. 4-35. Applicants posing as front.
No alcoholic beverage license shall be issued under this article to any person who is, in fact, a front for any person whose license has been revoked.
(Ord. of 5-1-84, § 2(j))
Sec. 4-36. Issuance and renewal.
(a) All applications for new alcoholic beverage licenses under the provisions of this article shall be made in person by the applicant at the office of the county administrator, and the required annual license fee shall be tendered therewith.
(b) The making of any statement on an application for a license under this article which is later found to be false shall be grounds for revocation of any license which has been issued pursuant to the application.
(c) All valid licenses which have been issued under the provisions of this article shall be renewed by the county administrator on a yearly basis, unless such licenses are revoked or suspended by the board of commissioners in accordance with this article. The holders of valid licenses desiring renewal of licenses must appear in person at the office of the county administrator prior to January 1 of the year in which a renewal is desired. Failure to appear as required will cause the license to expire.
(d) The issuance of a license under this article for any calendar year or portion thereof shall not be deemed to vest the licensee with any right of renewal thereof.
(e) The following procedure shall be followed with respect to each new application for issuance of a license under this article which is filed with the board of commissioners:
(1) At the time of the filing of such application, the applicant shall deposit with the county administrator cash or certified check in the amount determined by the administrator as sufficient to pay the cost of publishing the notice hereinafter specified. The deposit shall not be refunded, either in whole or in part, to the applicant unless his application is withdrawn prior to publication of the notice.
(2) Promptly upon the filing of each new application, the county administrator shall cause to be published in the official newspaper for the county, one time, a notice in such form and containing such information, as shall be determined by the board of commissioners, including the name and address of the applicant, the location for which the license is sought, the type of license applied for and the time and place that the application will be considered.
(3) At the time and place that the license is to be considered, the board of commissioners shall hear relevant evidence concerning the issuance of the license. The applicant may appear in person and by attorney and have witnesses appear in his behalf. At the conclusion of the evidence, the board shall approve or deny the applicant's license. If the applicant's license is denied, the board shall place in its minutes the reason or reasons therefor.
(Ord. of 5-1-84, § 3)
Sec. 4-37. Suspension, revocation.
(a) Any license issued under this article may be suspended for a definite time, not to exceed six months, or may be revoked for the performance by the licensee or by any employee of the licensed establishment of any act prohibited by this article, for the failure of the licensee or any employee of the licensed establishment to perform any act required by this article, or for the violation by the licensee or by any employee of the licensed establishment of any law, state or federal, relating to the sale of alcoholic beverages.
(b) Any license issued under this article may be suspended for a period of time, not exceeding six months, or may be revoked, should the licensed establishment have become a trouble spot in the judgment of the board of commissioners by reason of disturbance or acts of disorderly conduct, violence or gambling having occurred in the establishment, or on the premises thereof. When the license of any establishment has been revoked or not renewed because the establishment has become a trouble spot, no further license shall be issued under this article to any person at the location for a period of at least 12 months from the date of revocation.
(c) No license issued under this article may be suspended or revoked and no performance bond forfeited, in whole or in part, under the provisions of this article, unless the licensee has been afforded an opportunity of a hearing before the board of commissioners. The licensee shall be given at least ten days' written notice, delivered to the licensee in person or by United States registered mail, of the time, place and purpose of the hearing and the grounds of suspension, revocation or bond forfeiture upon which the board proposes to take action. At any such hearing, the licensee shall have the right to appear before the board in person and by attorney and to have witnesses appear in his behalf. Action taken by the board in suspending or revoking any license or in forfeiting any performance bond, in whole or in part, shall be final.
(Ord. of 5-1-84, § 4)
Sec. 4-38. Prohibited issuances.
No license for the sale of alcoholic beverages shall be issued to the following:
(1) Any establishment which is located within 300 yards of any substance abuse or training center or facility for the treatment of the mentally, emotionally or physically handicapped. Such distance is to be measured from the nearest wall or fence of any such center to the nearest wall or fence of the proposed place of business.
(2) A grocery store, supermarket, meat market or any other like wholesale or retail establishment.
(3) An automobile service station, gas station or garage.
(4) That the place for which the license is to be issued is one devoted primarily to the sale of alcoholic beverages and that it is an appropriate location, considering the character of the premises, its surroundings and the wishes of the persons residing or owning property in the neighborhood.
(Ord. of 5-1-84, § 5; Ord. of. 1-4-99, § 1)
Sec. 4-38.1. Limitation upon number of retail dealer licenses issued.
(a) No retail dealer license shall be issued so that the number of such licenses within the unincorporated limits of the county exceeds one such license to each 4,000 residents, or major fraction thereof, within the unincorporated limits of the county, as shown by the current Official U.S. Decennial Census.
(b) The limitation upon the number of retail dealer licenses to be issued, as herein provided, shall not preclude transfer of such licenses; but, upon revocation of any existing license, no renewal thereof or new license therefor shall be issued contrary to the limitation herein described.
(c) When additional retail dealer licenses become available, by reason of an increase in population or by any reason, no current retail dealer licensee or any other person who has held a direct or indirect interest in a retail dealer license during the preceding 12 months shall be entitled to apply for and receive more than one such newly available license.
(d) A retail dealer shall be entitled to a renewal of an annual license from year to year, in accordance with the regulatory procedure promulgated by the county.
(e) Clubs, restaurants and motels shall not be precluded under this section; provided however, clubs, restaurants and motels, in which minors are allowed as patrons, shall not be allowed to engage in the sale of intoxicating liquors for consumption off the premises.
(Ord. of 1-4-99, § 2)
Sec. 4-39. Fees.
The fees to be charged for alcoholic beverage license are as determined from time to time by the board of commissioners of the county and listed in the schedule of fees and charges.
(Ord. of 5-1-84, § 6)
Sec. 4-40. Provisions deemed supplementary.
It is the intention of the board of commissioners that the alcohol control policy, as set forth in this article, shall be supplementary to existing resolutions and ordinances of the county relating to the licensing and control of alcoholic beverages.
(Ord. of 5-1-84, § 7)
Secs. 4-41--4-60. Reserved.
ARTICLE III.
EXCISE TAXES*
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* Cross References: Taxation, Ch. 32.
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DIVISION 1.
GENERALLY
Sec. 4-61. Inspection and audit of books and records.
The books and records of all wholesalers selling or delivering any wine, malt beverages and packaged distilled spirits to retailers made subject to this tax and the books and records of all retailers made subject to this tax shall be open for inspection and audit by the agents of the county, to ensure compliance herewith, and it shall be unlawful for any person to deny any authorized agent of the county reasonable access to such books and records. Such books and records shall, for wholesalers, contain information showing deliveries of any of such beverages to persons upon whom the tax hereby assessed and levied is imposed separately, and the monthly reports of such wholesalers shall show, separately, deliveries made to each retailer, separately, so that sales of any of the beverages described in this article may be identified with respect to each retailer upon whom the tax is imposed by this article.
Secs. 4-62--4-70. Reserved.
DIVISION 2.
MALT BEVERAGES*
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* State Law References: Imposition of excise tax on malt beverages, O.C.G.A. § 3-5-80.
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Sec. 4-71. Levy.
There is hereby imposed upon and levied against every licensed wholesale dealer in malt beverages an excise tax, in addition to the excise taxes presently levied by the state, as follows:
(1) 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 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons.
(2) 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 proportionate tax at the same rate on all fractional parts of 12 ounces.
Sec. 4-72. Payment.
The excise tax levied and imposed in this division upon licensed wholesalers is levied and imposed with respect to malt beverages sold or distributed by such wholesalers in the county to retailers doing business outside the corporate limits of municipalities in the county. The excise tax provided for in this division shall be paid by such licensed wholesale dealers to the county on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of by such licensed wholesale dealer. Every licensee responsible for the payment of the excise tax imposed by this section shall file a monthly report itemizing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, for the month. Each wholesale licensee shall report and remit to the county, on the tenth of the month next succeeding the calendar month in which such beer and malt beverages are sold or disposed of, the tax imposed by this division.
Secs. 4-73--4-85. Reserved.
DIVISION 3.
PACKAGED DISTILLED SPIRITS*
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* State Law References: Levy of tax on sale of distilled spirits by package authorized, O.C.G.A. § 3-4-80.
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Sec. 4-86. Levy.
There is hereby levied upon every dealer at retail of packaged distilled spirits a tax of $0.22 per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter delivered by wholesalers to retailers whose place of business is located within the limits of the county outside the corporate limits of municipalities therein.
Sec. 4-87. Payment.
(a) The taxes levied pursuant to this division shall be paid by the retailers upon whom such tax is levied to wholesalers at the time of delivery of the packaged distilled spirits to the retailer. It shall be the duty of each such retailer to pay, and it shall be the duty of each wholesaler to collect the tax hereby levied, and wholesalers shall remit such taxes to the county on or before the tenth of the month for all of such taxes paid by such retailers and collected by such wholesalers during the preceding calendar month.
(b) It shall be unlawful for any retail seller of packaged distilled spirits to receive and retain any beverages unless he shall have paid the tax herein levied. It shall likewise be unlawful for any wholesaler of packaged distilled spirits to deliver any such beverage to any retailer thereof unless he shall concurrently, with such delivery, collect the tax imposed hereby. It shall be unlawful for any wholesaler of such beverages to fail to remit, when due, the taxes levied hereby and collected by any such wholesaler. It shall likewise be unlawful for any person engaged as a retailer of such beverages to receive any of the same from another retailer of such beverages, unless the tax herein imposed and levied has been paid. It shall further be unlawful for any retailer of such beverages from another retail store, whether such other store shall be owned by the receiving retailer or not, and irrespective of the location of such other store, unless the tax herein imposed has been paid.
Secs. 4-88--4-100. Reserved.
DIVISION 4.
WINE*
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* State Law References: Authorization to levy tax on wine, O.C.G.A. § 3-6-60.
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Sec. 4-101. Levy.
Retail dealers in wine shall pay a tax of $0.22 per liter and a proportionate tax at the same rate on all fractional parts of a liter on all wine delivered by wholesalers to retailers whose place of business is located within the limits of the county outside the corporate limits of municipalities therein. Such a tax is hereby levied upon each such retailer. The payment of such tax is made a condition precedent to the sale of wine, and no person shall sell any wine without paying the tax hereby levied.
Sec. 4-102. Payment.
The tax levied by this division upon dealers at retail in wine shall be paid and collected in the same manner as the tax levied upon retail dealers of packaged distilled spirits, as prescribed in section 4-87, the terms of which are incorporated herein and made a part of this section for all purposes.
