§ 3-2. Definitions.

(a)

All definitions as may be set forth in the State Alcoholic Beverage Code of Title 3 of the Official Code of Georgia are adopted by this chapter.

(b)

The following additional words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverage means all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

Applicant means generally a person requesting to be a licensee responsible for the sale of alcoholic beverages on the premises applied for.

Arrests means all arrests and dispositions thereof for all violations of municipal, state, or federal law, both felonies and misdemeanors, during the five (5) years immediately preceding the date of the application.

Brewer means a manufacturer of malt beverages.

Brewery means a place where malt beverages are manufactured or brewed.

Brewpub means any eating establishment in which 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. As used herein, the term "eating establishment" shall mean an establishment which is licensed to sell distilled spirits, beer, malt beverages, or wines and which derives at least fifty (50) percent of its total annual gross food and beverage sales from the sale of prepared meals or food, excluding from such calculation the barrels of beverages sold to licensed wholesalers or to the public for consumption for off-premises consumption.

Church means a permanent freestanding building located in an area designated for such use by the zoning ordinances where persons regularly assemble for religious worship, which shall be publicly designated as a church, but shall not include a residence also used for religious purposes.

City-sanctioned event is one which is conducted by any department agency, board or commission of the city, the city downtown development authority, the Development Authority of Powder Springs or as specifically approved by city council.

City Square shall mean that area near City Hall historically known and observed as the City Square, bounded by Marietta Street, Pineview Drive, Oakview Drive and Jackson Way Extension and contained within an area known as Cobb County Tax Parcel 19087500240.

Closed function means a private event not open to the general public. Closed functions can only occur at the city community center or at a location holding a special events facility permit. No pay-at-the-door or uninvited guests are permitted.

Distance means, unless otherwise specified in this chapter, the measure in lineal feet of the most direct route of travel on the ground by a pedestrian from the center of the nearest door of customer entry of the proposed license premises to the nearest property line of the church, school, park, public building, library, or residence. Such travel shall be measured as a straight line from the customer door to the property line and is not required to follow a line running along the nearest sidewalk or street route; provided that, when a straight line of travel would not be a customary and reasonable line of travel because of obstacles to such travel, the line of travel shall be angled around such obstacles and the distance shall be the sum of the segments of the line.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than twenty-one (21) percent alcohol by volume, including, but not limited to, all fortified wines.

Drink means any alcoholic beverage not in its original package which is served for consumption on premises which may or may not be diluted by any other liquid.

Grocery store means a retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed five (5) percent of its total gross sales from all sources as evidenced in a public hearing by a certified audit showing the sales for the calendar year most recently ending at the proposed location or for a similar store at a similar location. For the purposes of this definition, retail establishments selling gasoline shall not be considered grocery stores.

Growler means a sanitized, reusable glass, stainless steel, or ceramic jug, bottle or container or non-reusable plastic container filled by a licensee or employee of a licensee with beer from a keg and used to transport said beer for off-premises consumption. A growler is not to exceed sixty-eight (68) ounces in capacity and not be less than twelve (12) ounces in capacity.

Hotel means a building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which fifty (50) or more rooms are used for the sleeping accommodations of such guests and having one (1) or more public dining rooms, with adequate and sanitary kitchen and a minimum seating capacity of at least forty (40), where meals are regularly served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a lounge, restaurant or nightclub on their premises, and the holder of such franchise shall be included in the definition of hotel under this definition.

Immediate family means any person related within the first degree of consanguinity or affinity as determined according to civil law.

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 generally the person to whom a license is granted and who is responsible for the sale of alcoholic beverages as prescribed in this chapter.

Lounge means a separate room connected with a part of and adjacent to a restaurant as defined herein with all booths, stools and tables being unobstructed and open to view. All lounges shall have a seating capacity of at least forty (40). The maximum area of said lounge shall be one-third ( 1/3 ) the size of the food serving area.

Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barely, malt, hops, or any other similar product, or any combination of such products in water, containing not more than fourteen (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.

Nightclub means an establishment having a seating capacity of at least one hundred (100) persons with all booths and tables being unobstructed and open to a view and providing a band and/or other professional entertainment, a minimum of twenty (20) days per month, each and every month with the exception of holidays, vacations and period of redecorating. All such nightclubs shall be equipped with air conditioning and shall maintain adequate kitchen with a sufficient number of servants and employees for cooking food, preparing and serving food and meals for their patron, provided that nightclubs located in hotels having dining room and kitchen facilities may be excluded from the requirement of maintaining a kitchen in connection with such nightclub. The principal business of such nightclubs shall be entertainment, and the serving of food and spirituous liquors shall be incidental thereto.

Package means a bottle, can, keg, barrel, or other original consumer container.

Park means any public lands owned or controlled and operated by the city, state, or any county of the state, in and upon which facilities are provided for the recreation of the general public.

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.

Pouring means the sale of alcoholic beverages by the drink.

Premises means the definite closed or partitioned-in locality, whether room, shop, or building wherein alcoholic beverages are sold, and may include an attached patio or deck when:

(1)

It is separated from the general public by a permanent wall, fence, hedge or similar approved device, and access to the patio or deck is limited only through the main premises;

(2)

The location of the patio or deck does not encroach upon any sidewalk, right-of-way, or other common area customarily used for ingress, egress, pedestrian or vehicular traffic; and

(3)

The location and plans shall first have been approved by the city building inspector and fire marshal.

Use of a patio or deck as a part of the premises shall be suspended or revoked when its use interferes with other uses in the vicinity, or becomes in any way a public nuisance.

Notwithstanding the foregoing, premises shall include an outdoor dining area utilized as part of the operation of a sidewalk cafe. Open containers of alcoholic beverages shall only be transported into or out of outdoor dining areas by the licensee's working employees as part of their work duties.

Private club means a corporation organized and existing under the laws of the state, having at least one hundred (100) members regularly paying monthly, quarterly, semiannual or annual dues, organized and operated exclusively for pleasure, recreation and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of servants, members, volunteers or employees for cooking, preparing and serving meals for its members and guests; provided, however, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages to the club or its members at any annual meeting of the club by its governing board out of the general revenue of the club.

Privately held corporation means an entity registered only through Georgia Secretary of State and not registered with the U.S. Securities and Exchange Commission.

Publicly traded corporation means an entity which is traded on a major stock trading exchange or registered with the U.S. Securities and Exchange Commission.

Purchase price means the consideration received for the sale of alcoholic beverages by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property, or services of any kind or nature and also, the amount for which credit is allowed by the licensee or his/her agent to the purchases, without any deduction therefrom whatsoever.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served with a minimum seating capacity of forty (40), such place being provided with adequate and sanitary kitchen and dining room equipment, air conditioned, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be served at least six (6) days a week, with the exception of holidays, vacations and periods of redecorating, and the serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto.

School means the buildings, grounds, or campus only of such state, county, city, church or other school as teaches the subjects commonly taught in the common schools of this state, not to include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational or technical occupations and other special subjects are taught.

Special events facility means any public place kept, used, maintained, advertised and held out to the public as a place which serves as a location for special events, including, but not limited to wedding receptions, anniversary receptions, bar/bat mitzvah receptions, birthday parties, annual events, and other such parties or receptions. Such locations shall include, but not be limited to reception halls, conference centers, and banquet centers which have applied for and been issued a special events facility license.

Wholesale means the sale of alcoholic beverages as a distributor to retailers for the purpose of resale.

(Ord. No. 2000-30, 11-20-00; Ord. No. 2015-016, § 1, 6-1-15; Ord. No. 2017-007 , § 1, 4-17-17)