Columbus, Georgia

AN ORDINANCE

NO.





An Ordinance amending Chapter 3 of the Columbus Code by adding new definitions

and requirements for issuance of alcoholic beverages licenses; to provide a

more effective process for alcoholic beverage licensure; and for other purposes.



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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



Section 1.



Section 3-1 of the Columbus Code is hereby amended by deleting

subsection (l) and inserting new subsections (l),(cc) and (dd) to read as

follows:



Sec. 3-1. Definitions.



(l) Manager: A person hired by a business licensed under this chapter who

supervises the operations of that business on a full time basis.



(cc) Importer: Any person who imports an alcoholic beverage into this state

from a foreign country and sells the alcoholic beverage to another importer,

broker, or wholesaler and who maintains a stock of the alcoholic beverage.



(dd) Broker: Any person who purchases or obtains an alcoholic beverage from an

importer, distillery, brewery, or winery and sells the alcoholic beverage to

another broker, importer, or wholesaler without having custody of the alcoholic

beverage or maintaining a stock of the alcoholic beverage.



Section 2.



Section 3-3 of the Columbus Code is hereby amended by deleting subsections (a),

(b), (c), (d), and (e) and inserting new subsections (a), (b), (c), (d), and

(e) to read as follows:



Sec. 3-3 License taxes.



(a) Each person selling liquors off premise in the city shall pay for each

place of business an annual license tax as follows:



Wholesalers . . . . . . . . . . . . . . . . . . . . . $2,500

Retailers . . . . . . . . . . . . . . . . . . . . . . . . 2,000

Importers . . . . . . . . . . . . . . . . . . . . . . . 1,000

Brokers . . . . . . . . . . . . . . . . . . . . . . . . . 100





(b) Each person selling wines in the city shall pay for each place of

business an annual license tax as follows:



Wholesalers . . . . . . . . . . . . . . . . . . . . . $500

Retailers on premises . . . . . . . . . . . . . 300

Retailers off premises . . . . . . . . . . . . . 150

Importers . . . . . . . . . . . . . . . . . . . . . . . 500

Brokers . . . . . . . . . . . . . . . . . . . . . . . . . 50







(c) Each person selling malt beverages in the city shall pay for each place

of business an annual license tax as follows:



Wholesalers . . . . . . . . . . . . . . . . . . . . . $1,000

Retailers on premises . . . . . . . . . . . . . 500

Retailers off premises . . . . . . . . . . . . . 300

Importers . . . . . . . . . . . . . . . . . . . . . . .

500

Brokers . . . . . . . . . . . . . . . . . . . . . . . . .

50



(d) An annual license tax of $1,500.00 shall be charged for the initial license

issued to any mixed drink licensee and for each year thereafter an annual

license tax in the amount of five percent of the previous year's sales with a

minimum of $750.00 and a maximum of $5,000.00. The holder of a mixed drink

license may also sell wines and malt beverages for consumption on premises

without purchasing additional licenses therefore, and such sales shall be

included in the total sales used for computing license fees.



(e) All new licenses shall be effective during the remainder of the calendar

year in which they are issued and all renewals shall be effective from January

1st through December 31st. Taxes for new licenses shall be paid prior to the

issuance thereof, and taxes for renewals shall be paid on or before December

31st for the ensuing year. Any person engaging in wholesaling or retailing

alcoholic beverages who does not purchase his license on or before December 31,

shall pay in addition to the regular tax a penalty of ten percent before such

license shall be issued.



Section 3.



Section 3-4 of the Columbus Code is hereby amended by deleting subsections (a)

and (b) and by inserting new subsections (a) and (b) to read as follows:



Sec. 3-4 Excise taxes.



(a) Each wholesaler who sells to retailers located in Columbus, Georgia shall

pay an excise tax in the amount of $0.22 per liter on the sale of liquors and

wines, and an excise tax in the amount of $0.05 per 12 ounces on the sale of

malt beverages (or proportionately thereof so as to graduate the tax on

bottles, cans and containers of various sizes) plus an excise tax on malt

beverages of $6.00 for each container of 15? gallons and a like rate for

fractional parts thereof.



(b) Excise taxes for liquors, wines, and malt beverages shall be paid on or

before the tenth day of the month following the calendar month in which the

beverages are sold.



Section 4.



Section 3-5 of the Columbus Code is hereby amended by deleting subsection (h)

and by inserting a new subsection (h) to read as follows:



Sec. 3-5 Prohibited Locations.



(h) All locations for alcoholic beverage licenses which do not meet

the distance requirements or the issuance of a new license, but which,

nevertheless, were operating with a valid license issued prior to restrictions

for location imposed by this chapter or previous ordinances, are despite the

restrictions of this chapter, eligible for reissuance of the same category of

license or restaurant license if application therefor is made within one year

of the date that the business operations for the previous license ceased.



Section 5.



Section 3-6 of the Columbus Code is hereby amended by deleting subsections (a),

(b), and (c) and by inserting new subsections (a), (b), (c), and (e) to read

as follows:







Sec. 3-6. Persons prohibited.



(a) No alcoholic beverage license shall be issued to the following

persons or entities:



(1) Persons who are not citizens of the United States and the State of

Georgia.

(2) A partnership.

(3) A corporation.

(4) A Limited Liability Partnership (LLP).

(5) A Limited Liability Company (LLC).

(6) Law enforcement officers and their spouses.

(7) Persons whose businesses are managed by those who do not meet

the criteria established in subparagraphs (b), (c), and (d) of Sec.3-6.

(8) Persons other than owners or managers.

(9) Applicants for licenses in businesses of which the owner

or

owners do not meet the criteria established in subparagraphs

(b), (c), (d), and (e) of Section 3-6.

(10) No persons under the minimum legal drinking age as established in

Official Code of Georgia Annotated, section 3-3-23.



(b) No person who has been convicted of, or pled guilty or nolo

contendere to, or forfeited bond on any federal or state felony offense within

10 years of the application for an alcoholic beverage license shall be issued

such a license, nor shall such license be renewed.



(c) No person who has been convicted of, or pled guilty or nolo

contendere to, or forfeited bond on any federal or state misdemeanor offense

involving moral turpitude or alcohol or drugs within five years of application

for any alcoholic beverage license shall be issued such a license, nor shall

any such license be renewed; except, for renewal purposes only, two alcohol

related misdemeanor offenses shall be required to prohibit renewal, but any

holder of a license who is convicted of or pleads guilty or nolo contendere to

or forfeits bond on an offense of selling alcoholic beverages to a minor at a

licensed establishment and any person convicted of or pleading guilty or nolo

contendere to or forfeiting bond on a second alcohol related misdemeanor

offense shall immediately, but subject to the revocation procedures of Columbus

Code section 3-11, have his or her license revoked.

(e) No person who has been convicted of, or pled guilty or nolo contendere to,

or forfeited bond as a habitual violator pursuant to O.C.G.A. ? 40-6-391 and ?

40-6-391.2 within the past ten (10) years shall be issued such a license, nor

shall such license be renewed.

Section 6.



Section 3-8 of the Columbus Code is hereby amended by deleting subsection (b)

and adding new subsections (b) and (e) to read as follows:

Sec. 3-8. Approval and Issuance.

(b) The director of finance shall issue licenses upon payment of the proper

license fee by a qualified applicant, but in no case will the director of

finance issue a license more than 12 months after the date of the approval of a

new application and more than 3 months after the date of the approval of a

transfer application.

(e) The director of finance shall neither approve nor issue any alcoholic

beverage license to any applicant who applies for an alcoholic beverage

license within a period of one year from the date of nonrenewal of a previous

license. The term ?applicant? as used above in subsection (d) and in this

subsection includes the original applicant, the original applicant?s spouse or

cohabitant, a relative of the original applicant within the second degree of

consanguinity, so as to include a step, adopted, or foster, parent, sibling,

grandparent, uncle, aunt, niece, nephew, and first cousin. The term

?applicant? shall also include any partner or stockholder of the original

applicant?s partnership or corporation, and any person who has acquired the

original applicant?s business other than through a bona fide sale. The burden

is upon the party seeking the license to prove that the sale of the business is

bona fide. However, if the revocation or nonrenewal was due to the applicant?s

failure to satisfy the food sale requirement of a conditional location pursuant

to an audit under Section 3-20, the applicant may reapply for an alcoholic

beverage license for an unconditional location without waiting a period of one

year.

Section 7.



Section 3-9 of the Columbus Code is hereby amended by deleting subsections (a),

(b) and (e)(2) and inserting new subsections (a), (b), (e)(2) and (g) to read

as follows:

Sec. 3-9 Transfers.

(a) An alcoholic beverage license may be transferred if :

(1) All taxes owed to the City are paid in full.

(2) The new applicant, owner(s), stockholder(s), partners, and

manager(s) possess the requisite qualifications.

(3) If the transfer is due to a change in ownership of the business, the

alcoholic beverage application must have been applied for and approved prior to

the sale of the business. An alcoholic beverage

license may not be issued until the new owner has

established that the sale of the business is bona fide.

(b) A license may be transferred without a transfer fee to the estate of a

deceased owner provided that the representative of the estate possesses the

requisite qualifications and has presented legal documentations to

show that he or she is executor or representative of the estate.



(1) The representative shall transfer the license within 60 days after the

death of a deceased owner, or the license will be subject to revocation under

this chapter.



(e) The following transfer fees, payable to Columbus Consolidated Government,

are imposed:



(2) $500.00 for the transfer of all mixed drinks licenses with a $50.00

transfer fee for subsequent transfers of the same kind in the same calendar

year, except mixed drinks licenses for nonprofit corporations for which the

first transfer fee will be $100.00.



(g) An alcoholic beverage license that has been revoked or nonrenewed may not

be transferred.



Section 8.



Section 3-10 of the Columbus Code is hereby amended by deleting subsection (b)

and inserting a new subsection (b) to read as follows:

Sec. 3-10. Renewals.

(b) Except as otherwise provided in this chapter, no license shall be renewed

where the licensee commits any act in violation of federal, state, or local

laws or ordinances, or does anything else that would disqualify him on an

original license application, nor shall any license be renewed where a new

owner cannot qualify as provided in an original application. No person can

qualify as a ?new owner? if such person is the original licensee?s spouse or

cohabitant, a relative of the original licensee within the second degree of

consanguinity, which term includes a step, adopted, or foster, parent, sibling,

grandparent, uncle, aunt, niece, nephew, and first cousin. In addition, no

partner or stockholder of the original licensee?s partnership or corporation,

or any person who has acquired the original licensee?s business other than

through a bona fide sale, shall constitute a ?new owner?. The burden is upon

the new owner to prove that the sale of the business is bona fide.





Section 9.



Section 3-11(b) of the Columbus Code is hereby amended by adding a new

subsection (7) to read as follows:

Sec. 3-11. Revocation.

(7) If an alcoholic beverage license is either revoked or nonrenewed under

this section, no alcoholic beverage license shall be issued for the same

location within a period of one year of the revocation or nonrenewal to the

same licensee. The term ?same licensee? includes the revoked or nonrenewed

licensee?s spouse or cohabitant, and any relative of the original licensee

within the second degree of consanguinity, which term includes a step, adopted,

or foster, parent, sibling, grandparent, uncle, aunt, niece, nephew, and first

cousin. The term ?same licensee? also includes any partner or stockholder of

the original licensee?s partnership or corporation, or any person who has

acquired the original licensee?s business other than through a bona fide sale.

The burden is upon the new owner to prove that the sale of the business is bona

fide.?



Section 10.



Section 3-12 of the Columbus Code is hereby amended by deleting the second

sentence of subsection (i) and inserting a new second sentence to read as

follows:



"An additional rental fee of ten percent of the gross receipts received by the

caterer shall be paid by the caterer to the Revenue Division of Columbus,

Georgia for events held on any public right-of-way."

Section 11.



Section 3-16 of the Columbus Code is hereby amended by deleting subsections (a)

and (b) and inserting new subsections (a) and (b) to read as follows:



Sec. 3-16. ?Brown-Bagging? prohibited.



(a) No business shall permit persons, other than alcoholic beverage

wholesalers or licensed caterers , to carry or

bring alcoholic beverages onto its premises.



(b) Notwithstanding subsection (a), licensees holding a valid brown-bagging

permit as of November 1, 2003 shall be entitled to renew

such permit by April 1 of each year, but such permits

shall not be transferable to any other licensee, person, or business.



Section 12.



All ordinances or parts of ordinances in conflict with this ordinance

are hereby repealed.



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Introduced at a regular meeting of the Council of Columbus, Georgia held on the

______ day of ________, 2003; introduced a second time at a regular meeting of

said Council held on the ______ day of ________, 2003, and adopted at said

meeting by the affirmative vote of ________ members of said Council.



Councilor Allen voting ____________.

Councilor Anthony voting __________.

Councilor Davis voting ____________.

Councilor Henderson voting ________.

Councilor Hunter voting ___________.

Councilor McDaniel voting _________.

Councilor Pugh voting _____________.

Councilor Rodgers voting __________.

Councilor Suber voting ____________.

Councilor Woodson voting __________.



_______________________________ _____________________________

Tiny B. Washington Robert S. Poydasheff

Clerk Mayor