Columbus, Georgia

Sec. 3-1.? Definitions.













































When used in this chapter the following terms shall have the following

definitions:





















































(a)? ? ?Alcoholic beverages: Includes all liquors wines, and malt beverages.























































(b)? ? ?Liquors: All spirituous liquors or distilled spirits commonly known as

"whiskey"; any alcoholic beverage containing alcohol obtained by distillation,

mixed with water or other solution, and including brandy, rum, whiskey, gin,

cordials, or other spirituous liquors by whatever name called, to include

fortified wines as defined by federal or state law.





















































(c)? ? ?Wines: All alcoholic beverages 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 all

sparkling wines, champagnes, combinations of the aforesaid beverages,

vermouths, special natural wines, rectified wines, and like products, not

including cooking wines, mixed with salt or other ingredients so as to render

it unfit for human consumption as a beverage.























































(d)? ? ?Malt beverages: Fermented beverages commonly known as "beer" made in

whole or in part from malt, or any similar fermented beverage containing not

more than six percent of alcohol by volume.





















































(e)? ? ?Mixed drinks: Liquor sold by the drink for consumption on the premises

only.





















































(f)? ? ?Restaurant: An established place of business:





















































(1)? ? ?Which is licensed to sell alcoholic beverages for consumption on the

premises but promotes the sale of prepared food as a dominant part of the

business;





















































(2)? ? ?Which has adequate facilities and sufficient employees for cooking or

preparing and serving such meals for consumption at tables in dining rooms on

the premises;



























































(3)? ? ?Which derives at least 50 percent of its gross food and beverage income

from the sale of such meals prepared, served, and consumed on the premises;



























































(4)? ? ?Which has no adult entertainment as described in section 3-1(q) of this

Code;



























































(5)? ? ?Which charges no fee for admission or contests nor allows an

independent individual to charge fees for admission or contests on the premises;



























































(6)? ? ?Which during the normal course of business does not promote or allow

contests of skill, dexterity, strength, or talent; and



























































(7)? ? ?Which serves food during all hours of operation.



























































(8)? ? ?Nothing in this definition shall prohibit a restaurant from charging

viewing fees for sports or sports-related events (limited to football,

baseball, basketball, soccer, Olympic events, tennis, and golf; and

professional boxing and wrestling) where the promoter thereof charges the

restaurant an authorization fee to show said event by screen or video or other

electronic conveyance on the premises of the restaurant itself and where the

promoter has provided written permission to the restaurant to charge said

viewing fee, but all such restaurants shall obtain a permit from the police

department for each event (which shall be issued without charge within 30 days

of a request) that shall be posted on the premises in a readily visible

position, in which event (if such sporting events are advertised), the

restaurant shall be known as a "sports bar," even though it shall be classified

as a "restaurant" for licensing and definitional purposes.



























































(9)? ? ?Notwithstanding any other criterion in this section, licensees

operating as restaurants may charge after 9:00 p.m. cover charges for live

entertainment and contests not adult oriented in nature, provided that they

meet all of the distance criteria in Columbus Code sections 3-5(a) and 3-5(b)

and 3-5(c) and the 50 percent food sales criterion of subsection (3) of this

section and provided further that no persons under the legal drinking age of 21

shall be allowed after the time such licensees begin to charge a cover charge

and provided that licensees post a sign provided by the Columbus Consolidated

Government and which is visible upon entry to the establishment which shall

read "This establishment may charge a cover charge after 9:00 p.m. and no

persons under the legal drinking age of 21 shall be allowed on the premises

after 9:00 p.m. as per Section 3-1(f)(9) of the Columbus Code." and upon

initial application or upon annual renewal the licensee must indicate the

intent to charge a cover charge under this section. Failure to declare the

intent to charge a cover charge may result in revocation of the alcoholic

beverage license. Restaurants which elect to charge a cover charge are required

to comply with section 3-7(c) of the Columbus Code.



























































(g)? ? ?Hotel or motel: Any hotel, inn, or other establishment which offers

overnight accommodations to the public for hire.



























































(h)? ? ?Club: Any nonprofit association organized under the laws of this state

which:



























































(1)? ? ?Has been in existence at least one year prior to the filing of its

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, which building or space:



























































a.? ? ?Has suitable kitchen and dining room space and equipment; and



























































b.? ? ?Is staffed with a sufficient number of employees for cooking, preparing

and serving meals for its members and guests; and



























































(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.



























































(i)? ? ?Bar/Pub: An established place of business which is licensed to sell

alcoholic beverages for consumption on the premises and may serve meals to be

consumed on the premises and which also may provide live entertainment or

contests involving strength or skill and may provide electronic games or pool

tables.



























































(j)? ? ?Night club: An established place of business which is licensed to serve

alcoholic beverages for consumption on the premises (the sale of alcoholic

beverages being the dominant part of its business) and which also may provide

live entertainment.



























































(k)? ? ?Owner: Any person or partner or stockholder owning 25 percent or more

of a business.



























































(l)? ? ?Manager: One who supervises the regular operations of a business

licensed under this chapter.



























































(m)? ? ?Riverboat: Any U.S. Coast Guard - certified passenger vessel licensed

under this Chapter to serve alcoholic beverages and licensed by Columbus,

Georgia to conduct charter cruises or ticketed excursions from a riverboat

landing on the Chattahoochee River with a minimum seating capacity of 50

persons.



























































(n)? ? ?Multi-purpose theater: Any theater facility located within a C-1 zone

with a minimum seating capacity of 750 persons which offers live entertainment,

plays, musicals, dinner theater or leases space for birthday parties, wedding

receptions or similar events whether such events are catered by a private

catering service or by the licensee; provided, however, that the 600-foot

prohibition contained in section 3-5(d) shall not apply to a multi-purpose

theater licensee.



























































(o)? ? ?Bowling center: An establishment which is licensed to sell distilled

spirits, malt beverages or wines and which derives at least 50 percent of its

total annual gross revenues either from the rental of bowling lanes and bowling

equipment or from the combination of the rental of bowling lanes and bowling

equipment and the sale of prepared meals and other food products.

































(p)? ? ?Adult oriented establishment: Those establishments that are licensed to

sell alcoholic beverages for consumption on the premises and that offer or

conduct adult oriented activities which include but are not limited to

partially nude dancing or partially nude modeling.



























































(q)? ? ?Employee: A person that works for an establishment in any capacity,

full time or part time, whether on a regular payroll or as a contract agent.



























































(r)? ? ?Transient entertainment: That entertainment which is temporary in

nature (such as traveling bands, performers, comedians, etc.) which has a

limited engagement under ten days for which advance written notice to the

police department is required.



























































(s)? ? ?Partially nude dancing: Dancing or appearing partially nude but at

minimum with the human male or female genitals, pubic area and buttocks and all

of the nipples of the breast of a female being at least shielded and covered by

a fully opaque covering.



























































(t)? ? ?Totally nude dancing: Dancing or appearing in a total state of

nakedness without the protection or benefit of the minimal coverings required

for partially nude dancing.



























































(u)? ? ?Public indecency: Means and shall include the following:



























































(1)? ? ?Engaging in sexual intercourse, actual or simulated;



























































(2)? ? ?Engaging in masturbation, actual or simulated;



























































(3)? ? ?Engaging in deviate sexual conduct, to include oral copulation, anal

intercourse, anal copulation, oral anal copulation, bestiality, fellatio,

cunnilingus, buggery, or sodomy;



























































(4)? ? ?Engaging in a state of total nudity as opposed to partial nudity, to

include any exposure of the male or the female genitalia, the anus, or the

nipples of the female breast in any adult oriented establishment;



























































(5)? ? ?Fondling the genitals of oneself or another person;



























































(6)? ? ?Dancing with the male genitals covered but in a discernibly turgid

state;



























































(7)? ? ?Any other acts described in O.C.G.A. ? 16-6-8.



























































(v)? ? ?Multi-purpose facility: A facility licensed to sell alcoholic

beverages, with a minimum seating capacity of 750 persons, which is owned,

operated, managed, used, or controlled by the Columbus Consolidated Government

or by an authority thereof. The facility may offer live entertainment (but no

adult entertainment as defined in section 3-1 (p)), trade shows, plays,

musicals, dinner theater, cultural events, athletic games, recreational

activities, and functions authorized by the consolidated government; or leases

space for birthday parties, weddings, receptions, or similar events.



























































(w)? ? ?Municipal golf course: A facility licensed to sell alcoholic beverages

and operated by a city authority for the specific use and enjoyment of playing

golf by the public. Tournaments and contests may be held at these facilities.

































(x)? ? ?Municipal sports facility: A facility licensed to sell alcoholic

beverages owned and either operated, or leased by the city to a professional

athletic team, for the purpose of paid spectator sports.



























































(y)? ? ?Audit: To verify records presented to the occupation tax section or its

successors for the payment of excise tax or other taxes related to alcoholic

beverages or for the renewal of or the maintaining of an alcoholic beverage

license. The audit may include on site inspections of beverage establishments

and inspection of records pertinent to determining compliance to the conditions

set forth in Chapter 3.



























































(z)? ? ?Auditor: Individual who is employed either by the city, or is an agent

of the city who performs the function of the audit.



























































(aa)? ? ?Dinner theater: An established place of business that is defined as a

restaurant as in section 3-1(f) with the exception that a fee may be collected

upon entrance to the business which provides theatrical entertainment during

the course of the meal.



























































(bb)? ? ?Community teen center: an established place of business whose sole

business or whose dominant line of business as defined in section 19-37(b)(3)

is comprised of activities targeted at teenagers, including but not limited to,

proms, dances, sports, and school-related activities.





































































? ?





























Sec. 3-2.? Director of finance to administer issuance of alcoholic beverage

licenses and to report to council.





















































(a)? ? ?All applicants for alcoholic beverage licenses shall fill out and sign

a notarized application form prescribed by the director of finance which shall

contain all necessary information for a determination of the qualifications of

the applicants and which shall contain the names of the owners of the

businesses for which licenses are proposed.





















































(b)? ? ?The director of finance shall examine the qualifications of an

applicant for any type of alcoholic beverage license and the qualifications of

the owner of the business, and shall then forward the application to the chief

of police. The chief of police, or his designee, will conduct an investigation

of the police record of the applicant and owner and his findings shall be

forwarded to the director of finance within five working days from receipt of

the director's request for information and, if the director of finance

determines that an applicant and owner meet the criteria established by

ordinance for the issuance or transfer of that particular type of alcoholic

beverage license, he shall so issue the license.



























































(c)? ? ?The director of finance shall submit monthly to the council through the

clerk of council a list of those who have received any of the various types of

alcoholic beverage licenses. The name and address of each applicant along with

the location of the establishment and the type of alcoholic beverage license

shall be included. Upon receipt of this report, the council shall by resolution

receive and approve the same.





















































(d)? ? ?The director of finance shall also submit monthly a list of those

applicants who did not meet the criteria established for the licenses for which

they applied. He shall also submit the reason or reasons why each of these

applicants did not qualify for an alcoholic beverage license. Upon receipt of

this report, the council shall by resolution receive and approve the same

unless any applicant has requested a public hearing before the council to show

that he does meet the criteria established within Chapter 3 for the particular

category of license he is seeking. Such applicant shall be heard by the

council, but no license shall be approved after the director of finance has

denied a license unless there has been a mistake of fact concerning the ability

of an applicant to meet the criteria established which can be shown to the

satisfaction of a majority of the members of council.





















































(e)? ? ?Both reports shall be available for public examination in the office of

the clerk of council.



























































Sec. 3-3.? License taxes.

























































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

place of business an annual license tax as follows:







































Wholesalers . . . $2,500.00



























































Retailers . . . 2,000.00



























































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

business an annual license tax as follows:



























































Wholesalers . . . $500.00



























































Retailers on premises . . . 300.00



























































Retailers off premises . . . 150.00



























































The license taxes for selling wines shall not be required for liquor licensees.



























































(c)? ? ?Each person selling malt beverages shall pay for each place of business

an annual license tax as follows:



























































Wholesalers . . . $1,000.00



























































Retailers on premises . . . 500.00



























































Retailers off premises . . . 300.00



























































(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. Where an initial license

is requested at a location where there existed a prior license during the

previous year, the license tax shall be based upon five percent of the previous

year's sales at the location or $1,500.00 whichever is greater. Where a

nonprofit organization license holder so recognized by the Internal Revenue

Service changes its manager requiring an investigation of the qualifications of

the new manager, the license holder shall pay a fee of $100.00; but where any

other license holder changes its manager requiring an investigation of the

qualifications of the new manager, the license holder shall pay a fee of

$500.00. The holder of a mixed drink license may also sell wines and malt

beverages for consumption on premises without purchasing additional licenses

therefor, 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

January 1st, shall pay in addition to the regular tax a penalty of ten percent

before such license shall issue.



























































(f)? ? ?None of the above license taxes shall be prorated for fractions of

years.





















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 $0.80 per wine gallon 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 1/2 gallons and a like rate

for fractional parts thereof.



























































(b)? ? ?Excise taxes for liquors and wines shall be paid on or before the

fifteenth day of the month following the calendar month in which the beverages

are sold and for malt beverages on or before the tenth day of the month

following the calendar month in which the beverages are sold.



























































(c)? ? ?Wholesalers shall keep for a period of at least three years from the

date of sales such records as are necessary for the determination of the

amounts of excise taxes to be paid under this section. The director of finance

may prescribe the form and content of such records and these records shall be

available at all times for inspection by the director of finance or his

authorized agent.



























































(d)? ? ?At the time of the sale, wholesalers shall collect the excise taxes

prescribed in this section from retailers to whom they sell alcoholic beverages

and the wholesalers shall remit amounts due to the consolidated government

finance department via the revenue collection officer, together with reports or

records necessary for a determination of the amount of taxes collected.



























































(e)? ? ?The failure to make a timely report and remittance shall render a

wholesale dealer liable for a penalty equal to ten percent of the total amount

due during the first 30-day period following the date such report and

remittance were delinquent and a further penalty of an additional ten percent

of the amount of such remittance for each successive 30-day period or any

portion thereof during which such report and remittance are not filed. The

filing of a false or fraudulent report shall render the wholesale dealer making

such report liable for an additional penalty equal to 20 percent of the amount

of the remittance which would have been required under an accurate and truthful

report.





















































(f)? ? ?Each mixed drink licensee shall pay an excise tax of three percent upon

the sale of distilled spirits to the public (O.C.G.A. 3-4-130). The excise

taxes shall be paid by the mixed drink licensee to the consolidated government

finance department on or before the twentieth day of the month following the

calendar month in which the beverages are sold. A monthly excise tax report

shall be remitted with payment. The failure to make a timely report and

remittance and/or filing of a false or fraudulent report shall render a mixed

drink licensee liable for penalties and/or interest. Mixed drink licensees

shall be allowed a reimbursement as prescribed in O.C.G.A. 48-8-50 for reports

and payment of taxes in a timely manner. This subsection shall become effective

October 1, 2001.





















































(g)? ? ?The excise taxes provided for herein above shall be in addition to any

license fee, tax or charge which may now or in the future be imposed by the

Council of Columbus, Georgia, upon the business of selling alcoholic beverages

at retail or wholesale within Columbus, Georgia.







































Sec. 3-5.? Prohibited locations.

























































(a)? ? ?It shall be unlawful to issue off-premises alcoholic beverage licenses

within 200 feet of the following locations, and on-premises alcoholic beverage

licenses within 300 feet of the following locations: Girls' clubs, boys' clubs,

Y.M.C.A.'s, funeral chapels, city playgrounds; areas zoned R-1A, R-1, R-2 and

R-3, R-3A, R-3B and R-4; private residences, whether such residences be

single-family, duplexes or apartments; but the provisions hereof concerning

private residences and areas zoned R-1A, R-1, R-2, and R-3, R-3A, R-3B and R-4

shall not apply to a restaurant or a hotel located within an area zoned H and

shall not apply where a majority of the private residences within the

prohibited distance are within an area zoned C-1, C-2, C-3, A-O, M-1 or M-2 or

where a majority of the land within the prohibited distance is zoned C-1, C-2,

C-3, A-O, M-1 or M-2, and where the applicant is a club or the applicant's

business is a hotel-motel or a restaurant or where an off-premises alcoholic

beverages license is to be issued. Owner and/or applicant managers and

employees shall be responsible for keeping a clean, orderly place, and no

patrons shall be allowed to stand, sit, mingle or assemble outside the building

in parking lots or automobiles while drinking alcoholic beverages or causing a

disturbance of any kind.



























































(b)? ? ?It shall be unlawful to issue alcoholic beverage licenses within 300

feet of the grounds of any church.



























































(c)? ? ?It shall be unlawful to issue liquor and mixed drinks beverage licenses

within 600 feet and to issue wine and malt beverage licenses within 300 feet of

the grounds of any community teen center or any school or school playground,

including church nursery schools, church day care centers and adjoining

playgrounds; provided, however, where the applicant's business is a hotel or

motel or a restaurant and the license applied for by such applicant for such

business is for retail sale for consumption on the premises only, the

prohibited distance for mixed drinks beverage licenses shall be 335 feet.



























































(d)? ? ?It shall be unlawful to issue an on-premises alcoholic beverage license

within 600 feet of a location already holding or which has held within the past

12 months a valid on-premises alcoholic beverage license; provided, however,

that this prohibition shall not apply if the applicant for a new license meets

the definition of a restaurant, a hotel, or a club, as defined in section 3-1

of this chapter.







































(e)? ? ?The distance relating to prohibited locations for licenses shall be

measured as follows:



























































(1)? ? ?From the property line of the tract on which is located the business

regulated under this chapter;



























































(2)? ? ?To the property line of the tract on which is located the church,

school, or any other protected location; and



























































(3)? ? ?Along a straight line which describes the shortest distance between the

two property lines.



























































(f)? ? ?It shall be unlawful for any person to sell, give away, drink, or

possess any alcoholic beverages upon any of the parks and recreational areas

owned by Columbus, Georgia, except under rules established by the city manager,

but such rules shall be consistent with other provisions of this chapter.



























































(g)? ? ?(1)? ? ?Alcoholic beverage licensees located within the Central

Riverfront Zoning District provided in Columbus Code section 22-20 and set

forth on a plat which shall remain on file in the revenue division shall not be

subject to the provisions of subsections 3-5(a) and 3-5(d) of this chapter.

Owners, applicant managers and employees of such licensees shall be responsible

for keeping a clean, orderly place, and no patrons shall be allowed to stand,

sit, mingle or assemble outside the building in parking lots or automobiles

while drinking alcoholic beverages or to cause a disturbance of any kind.

Owners and applicant managers within the Central Riverfront Zoning District

shall be subject to all other provisions of Chapter 3 of the Columbus Code.



























































(2)? ? ?Notwithstanding the provisions of this Code section, the finance

director shall be authorized to issue alcoholic beverage licenses for

restaurant uses only located within the central riverfront zoning district if

such restaurant is located at least 250 feet away from the grounds of any

church; provided, however, no such restaurant shall be permitted to impose a

cover charge for live entertainment or contests pursuant to section 3-1(f)(9).

Restaurants permitted under this Code section shall be prohibited from

conducting outdoor sales of alcoholic beverages on public right-of-way unless

permission is obtained from the city manager pursuant to section 3-12(i).



























































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

distance requirements for 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 a similar license if

application therefor is made within one year of the date that the business

operations for the previous license ceased.

































Sec. 3-6.? Persons prohibited.















































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



























































(1)? ? ?Reserved.



























































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

Georgia.



























































(3)? ? ?A partnership unless all partners qualify.



























































(4)? ? ?A corporation, unless its managers and all stockholders owning at least

25 percent of the corporate stock qualify.







































(5)? ? ?Law enforcement officers and their spouses.



























































(6)? ? ?Persons whose businesses are managed by agents not possessing the

necessary qualifications for a licensee.



























































(7)? ? ?Persons other than owners, managers, partnerships, or corporations.



























































(8)? ? ?Applicants for licenses in businesses of which the owner or owners do

not meet the criteria established in subparagraphs (b) and (c).



























































(9)? ? ?Deleted.



























































(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 five 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 three 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 offense shall immediately, but subject to the

revocation procedures of Columbus Code section 3-11, have his or her license

revoked.



























































(d)? ? ?No person who has been convicted of or pled guilty or nolo contendere

to or forfeited bond on any ordinance violation involving alcohol or drugs or

prostitution or pimping or sodomy or other sexual matters in Columbus, Georgia,

or any other political subdivision within two years of the application for an

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

be renewed; except, for renewal purposes only, two alcohol related ordinance

violations shall be required to prohibit renewal; no waivers shall be allowed

by the Council of Columbus, Georgia; notwithstanding any other provisions of

this subsection, any person convicted of or pleading guilty or nolo contendere

to or forfeiting bond on any violation within this subsection for a second time

shall immediately, subject to the revocation procedures of section 3-11, have

his or her license revoked.



































































Sec. 3-7.? Procedure for applying for licenses and for certifying employees.

























































(a)? ? ?The following procedures shall be followed by all applicants for

alcoholic beverage licenses:



























































(1)? ? ?Where no building is erected at a location proposed for the sale of

alcoholic beverages or where there is not an existing license, the applicant

for such license shall identify the proposed location with the building number

which the proposed building shall bear and the type of license applied for. The

applicant shall request of and pay the cost to the city to erect a sign upon

the premises showing the number of the proposed building and that said

application is pending. Said signs shall be located within one foot of the

right-of-way of the city street upon which said proposed business fronts and

shall read as follows:



























































NOTICE

























































Proposed Building No. __________













































__________ Street



























































Alcoholic Beverage License Application Pending



























































Type License Applied For: __________



























































Name of Applicant: __________



























































Address of Applicant: __________



























































Date of Application: __________



























































The applicant shall request of and pay the nonrefundable cost of such sign to

the Columbus Consolidated Government. The request and payment must be made

within a period of time allowing the city to erect the sign at least 30 days

before the license is applied for and shall remain up continuously during the

pendency of the application. The applicant shall remove the sign within ten

days after such application is acted on by the director of finance.



























































(2)? ? ?Such sign shall be of wood or metal, at least 48 inches by 72 inches in

size and the lettering thereon shall be at least three inches in height, and a

picture thereof shall be attached to the license application.



























































(3)? ? ?The sign erected pursuant to the provisions hereof shall contain no

additional advertisement or words other than that which is specified herein.



























































(4)? ? ?All applications for new licenses shall include a certificate from a

registered surveyor showing a scale drawing of the location of the proposed

premises and the distance of the proposed premises from any prohibited

locations covered in section 3-5. Such survey shall be coordinated and

conducted by a registered surveyor contracted by the city, and the

nonrefundable cost of such survey shall be paid by the applicant to the

Columbus Consolidated Government when the application is submitted.



























































(b)? ? ?Prior to or at the time of submitting an application, both the owner of

the proposed business and the applicant for an off-premises alcoholic beverage

license shall submit themselves to the police department for fingerprinting.



























































(c)? ? ?In the case of all night clubs as defined in section 3-1 (j) and all

adult oriented establishments as defined in section 3-1(q) and those bar/pubs

as defined in section 3-1(i) where their major source of income is from the

sale of alcohol, the following procedures shall be followed by owners and

applicants for licenses and employees:



























































(1)? ? ?Prior to or at the time of submitting an application, the applicant for

a license and the owner of the proposed business shall submit themselves to the

police department for fingerprinting.



























































(2)? ? ?Licensees and employees of such businesses shall possess a valid

identification card prior to the date of their first work in an establishment.

The employee shall first report to the police department of Columbus, Georgia

for the purpose of applying for an identification card. In the event that an

employee has a record of a violation of the type and within the period of time

which would disqualify a person from holding an alcoholic beverage license, the

chief of police within 30 days of application shall issue a letter to the

employee and to the employer stating that the employee is ineligible for

employment.



























































(3)? ? ?The chief of police shall within 30 days of application furnish to each

qualified licensee and employee an identification card with pertinent

information thereon relating to the height, weight, hair color, eye color, date

of birth, social security number and photograph of the holder of such

identification card. A non-refundable fee in the amount of $6.00 shall be

charged for the preparation of such identification card. It shall be the

responsibility of the employer to see that the employees are carrying with them

an identification card at all times they are working. Said identification card

will expire each year on the birth date of the applicant and must be renewed at

such time, and said card must at all times be in the possession of such person

affected hereunder for him to be eligible to engage in such business.



























































(4)? ? ?Licensees shall submit written notice to the police department of the

identity of transient entertainers, and such notice must be received in advance

of their performance.



























































(d)? ? ?All applicants for new mixed drink licenses shall give notice of their

intent to make such application by advertising at least five times on different

days in the daily paper published in the city in which the legal advertisements

of the city are carried. Such notice shall contain a particular description of

the location of the proposed business and shall give the name of the applicant,

and if a partnership, the names of the partners, and if a corporation or an

association, the names of the corporate manager or association manager to whom

issued and the date such application would be considered by the director of

finance. The advertisement referred to herein shall be of type not smaller than

ten-point capital and lower case and shall be at least a one-inch, two-column

advertisement.



























































(e)? ? ?All applications for alcoholic beverage licenses, in addition to all

other fees, shall be accompanied by a nonrefundable fee of $50.00 payable to

the Columbus Consolidated Government, but the holder of one type of alcoholic

beverage license who seeks to obtain another type of alcoholic beverage license

at the same location shall not be required to pay this fee.



























































(f)? ? ?The making of any untrue or misleading statement in the application for

an alcoholic beverage license or card shall constitute grounds for denial or

revocation or nonrenewal of such license or card.

































































Sec. 3-8.? Approval and issuance.





















































(a)? ? ?The director of finance shall either approve or disapprove all

applications for alcoholic beverage licenses within a period of 21business days

from the date of the filing of such application.



























































(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.



























































(c)? ? ?All licenses shall be conspicuously posted in the licensee's place of

business and shall set forth the name of the licensee and the address of the

business and the type of license.



























































(d)? ? ?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 disapproval of an application for

cause based on failure to meet any criteria contained in section 3-6. When an

application for an alcoholic beverage license has been disapproved based on

failure to meet any criteria contained in section 3-5, an applicant may reapply

one time only for an alcoholic beverage license at the same location within a

period of one year from the date of disapproval and an applicant may reapply

for an alcoholic beverage license at a different location without a one-year

waiting period. 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 revocation of a

previous license.











































Sec. 3-9.? Transfers.

















































(a)? ? ?An owner may transfer his license to a new owner if:



























































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



























































(2)? ? ?The new owner has applied for and been approved for the transfer of the

license prior to sale of the business.



























































(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.































(c)? ? ?The owner of a business may transfer a license from one manager to

another provided:



























































(1)? ? ?The new manager meets the requisite qualifications.



























































(2)? ? ?In the case where a manager holds a license, but leaves the business,

the owner shall transfer the license to himself or a qualifying manager within

60 days of termination of the original manager, or the license will be subject

to revocation under this chapter.



























































(d)? ? ?A license may be transferred from one location to another provided the

new location meets the requisite qualifications.



























































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

Government, are imposed:



























































(1)? ? ?$50.00 for transfers to new locations except where the transfer is

necessitated by an act of God, or an act of law, in which event there will be

no transfer fee.



























































(2)? ? ?$500.00 for the first transfer of all mixed drink licenses with a

$50.00 transfer fee for subsequent transfers of the same kind in the same

calendar year, except mixed drink licenses for nonprofit corporations for which

the transfer fee will be $100.00.



























































(3)? ? ?For all other transfers of all other alcoholic beverage licenses a fee

of 50 percent of the price of the license.



























































(f)? ? ?Notwithstanding any other provisions contained in this chapter, a hotel

licensee may transfer a license to a restaurant licensee and a restaurant

licensee may transfer a license to a hotel licensee if both the hotel and the

restaurant are located within the same building where the hotel operations are

conducted. Such a transfer may only be made once during any calendar year. Such

transfers shall not be permitted for any hotel or restaurant which has had an

alcoholic beverage license revoked or where renewal of such a license has been

denied within the preceding 12 months.















Sec. 3-10.? Renewals.

















































(a)? ? ?All licensees shall renew their licenses annually on forms prescribed

by the director of finance to be submitted with the taxes required for the

renewed license.



























































(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.



























































(c)? ? ?All renewal forms shall indicate any changes of ownership of the

licensed business, and all new owners shall undergo the same procedures

prescribed for owners on original license applications.







































Sec. 3-11.? Revocation.

























































(a)? ? ?The following shall be grounds for revocation of all alcoholic beverage

licenses:



























































(1)? ? ?Failure of wholesaler or retailer to pay license or excise taxes.































(2)? ? ?Commission of any act in violation of the federal, state or local laws

or ordinances which would disqualify a person from obtaining a license.



























































(3)? ? ?Selling or distributing or buying alcoholic beverages on which no local

or state tax has been paid.



























































(4)? ? ?Commission of any acts in violation of federal, state or local laws or

ordinances or running of a licensed business where such violations frequently

or regularly occur so as to cause the chief of police or director of public

safety to recommend a revocation of the license.



























































(5)? ? ?Failure to abide by any of the provisions of this chapter.



























































(6)? ? ?Providing false information to influence determination of license taxes

or food/alcohol ratios.



























































(7)? ? ?Conducting of activities described in O.C.G.A. ? 16-12-35 (e), (f), or

(g), as now or hereafter amended, upon licensed premises where probable cause

has been found by the recorder, including bond forfeitures, guilty pleas, nolo

contendere pleas or the binding of such a case over to a higher court by the

recorder.



























































(b)? ? ?The following procedures shall be followed in revoking all alcoholic

beverage licenses:



























































(1)? ? ?Notice shall be given to the holder of a license at least two weeks in

advance that the Council of Columbus, Georgia will hear a recommendation that

the license be revoked, and this notice shall include the specific grounds on

which this recommendation to council will be made.



























































(2)? ? ?The clerk of council shall notify the license holder, the director of

finance and the chief of police or the director of public safety as to the time

that a recommendation for revocation will be heard.



























































(3)? ? ?The Council of Columbus, Georgia shall hear a recommendation for

revocation before or during one of its regular meetings at which time the

holder of a license and any other interested parties will be heard.



























































(4)? ? ?No license shall be revoked until a majority of the council so decides

at the time of or subsequent to the hearing on the recommendation for

revocation.



























































(5)? ? ?After council takes action to revoke, licensees will surrender beverage

licenses to the issuing authority.



























































(6)? ? ?The procedures for revoking alcoholic beverage licenses shall also

apply to nonrenewals of alcoholic beverage licenses, and hearings before the

Columbus Council on revocations shall be held within 30 days from the date of a

decision to recommend revocation while council hearings on nonrenewals shall be

held within 30 days from the receipt of an appeal by a licensee of a decision

not to renew; hearings on nonrenewals shall be held no earlier than one week

from the date an appeal is received, and appellants shall be notified in

advance of the date of said hearing.

























Sec. 3-12.? Regulations for the sale of alcoholic beverages for consumption on

the premises--Generally.

















































(a)? ? ?Reserved.



























































(b)? ? ?The sale of alcoholic beverages for consumption by persons in any back

room or side room which is not open to general public use is prohibited, except

that private parties or conventions which have been scheduled in advance may be

served in public or private dining rooms or meeting rooms, and provided further

that this prohibition shall not apply to private clubs hereunder nor to the

sale of alcoholic beverages for consumption hereunder to the registered guests

of any hotel or motel in their designated rooms.



























































(c)? ? ?It shall be unlawful for any person except a wholesaler to carry into

premises licensed for mixed drinks or to have in his possession on any premises

licensed for mixed drinks any alcoholic beverage in the original package, the

seal of which has been broken or the original package opened; provided,

however, the trade and convention center and civic center may grant exceptions

to the provisions hereof where such grant of exception is made in writing.



























































(d)? ? ?Reserved.



























































(e)? ? ?Licensees shall not permit the sale of liquors by the bottle or

package, but wines or malt beverages may be sold by the bottle for on-premises

consumption.



























































(f)? ? ?Licensees are authorized to sell alcoholic beverages for a period of

three hours immediately following 11:55 p.m. on Saturdays; on Tuesday through

Saturday licensees shall not sell and businesses shall not allow alcoholic

beverages to be brought or consumed on the premises between the hours of 2:55

a.m. and 6:00 a.m., and on Mondays licensees shall not allow alcoholic

beverages to be sold or brought on the premises between 12 midnight and 6:00

a.m.; but whenever New Year's Day does not fall on Sunday licensees are allowed

to sell alcoholic beverages until 4:00 a.m. on New Year's Day; no customer

shall be permitted to remain on the premises for more than 20 minutes after the

close of sales. Nothing in this subsection shall preclude the operation of a

bowling center during the prohibited hours so long as alcoholic beverages shall

not be sold or consumed during the prohibited hours.



























































(g)? ? ?It shall be illegal for licensees to add to the contents of a bottle or

to refill empty bottles or in any other manner to misrepresent the quantity,

quality or brand name of any alcoholic beverage.



























































(h)? ? ?All licensees, except clubs, shall maintain their current prices of

mixed drinks and alcoholic beverages, the amount of liquor to be served in each

drink, and minimum, admission and cover charges and the same shall be made

available at the request of any law enforcement officer.



























































(i)? ? ?Mixed drinks licensees may sell outside of the licensed premises for

catering services to conventions, conferences, sales meetings, seminars,

banquet groups, cultural events, private parties or other events where the sale

of alcoholic beverages is allowed with written permission from the city

manager. An additional rental fee of ten percent of the gross receipts received

by the caterer shall be paid by the renter to the treasurer of Columbus,

Georgia.



























































(j)? ? ?No person shall hold a license hereunder who also has any direct

financial interest in any wholesale alcoholic beverage business. No financial

aid or assistance to any licensee hereunder from any wholesaler or manufacturer

of alcoholic beverages shall be permitted.



























































(k)? ? ?The management of one-premises businesses shall maintain a copy of this

section on such premises and shall instruct each and every employee of the

terms thereof.









?





























Sec. 3-12.1.? Same--"Happy" hours; jumbo drinks, two-for-one; etc.

























































All on-premises licensees are prohibited from selling or giving away alcoholic

beverages under the following circumstances:



























































(a)? ? ?Serving multiple drinks for a single price or offering all you can

drink for a set price during a set time.



























































(b)? ? ?Making a single price the basis for a required purchase of two or more

servings.



























































(c)? ? ?Selling or furnishing alcoholic beverages after 9:00 p.m. at "Happy

Hour" or a price lower than the normal retail cost.



























































(d)? ? ?Offering free drinks or reduced-price drinks to any segment of the

population for any period of time as an inducement to patronize the premises

such as a "Ladies' Night" or "Men's Night."



























































(e)? ? ?Selling alcoholic beverages for less than half ( 1/2) the normal retail

price.



























































(f)? ? ?Nothing herein contained shall be construed to prohibit the dispensing

of drinks in pitchers or in jumbo sizes, provided that such pitchers or jumbo

sizes shall be available at all times that the licensee is open for business

and the usual, customary or established retail price shall not be reduced; for

the purposes of this subparagraph, a jumbo drink is defined as any drink

containing more than 1 1/2 ounces of alcohol















Sec. 3-13.? Same--Sunday hours of sale in eating establishments.

















































The sale of alcoholic beverages is hereby authorized for consumption

on-premises in eating establishments on Sundays between the hours of 12:30 p.m.

and 12:00 midnight. For the purposes of this section, "eating establishment"

means an establishment which is licensed to sell distilled spirits, malt

beverages or wines, and which derives at least 50 percent of its total annual

gross food and the beverage sales from the sale of prepared meals or food.















Sec. 3-13.1.? Same--Persons under minimum drinking age prohibited.

















































(a)? ? ?All on-premises beer and wine licensees and all on-premises mixed

drinks licensees are prohibited, during regular business hours, from admitting

persons under the minimum legal drinking age as established in Official Code of

Georgia Annotated, section 3-3-23, unless otherwise authorized by ordinance or

law, and are prohibited from applying for separate licenses to set up

nonalcoholic teen days and businesses on their premises. Licensees covered by

the provisions of subsections (a) shall post at or near all entrances in plain

view of customers a prominent sign reciting verbatim the prohibition contained

in the first sentence of subsection (a).



























































(b)? ? ?When a licensee operates a bar/pub, night club or an adult oriented

establishment on the premises of or in conjunction with the operation of a

hotel/motel, such bar/pub, night club or adult oriented establishment shall be

subject to the provisions of this section.



























































(c)? ? ?This section shall not be construed to prohibit persons under the

minimum drinking age from entering restaurants as defined in 3-1(f), or from

entering a club as defined in 3-1(h) or from entering a riverboat as defined in

section 3-1(m), or entering a multi-purpose theater as defined in section

3-1(n), or entering a bowling center as defined in section 3-1(o), or entering

a multi-purpose facility as defined in 3-1(v), or entering a municipal golf

course as defined in 3-1(w), or entering a municipal sports facility as defined

in 3-1(x), or entering a dinner theater as defined in 3-1(aa).



























































(d)? ? ?The purpose of this Code section is to prohibit the presence of persons

under the legal drinking age in establishments which derive the major source of

their revenues from the sale of alcoholic beverages, but it shall not apply to

any employee of the licensee who has a valid employee identification card.



























































(e)? ? ?It shall be unlawful for persons under the minimum legal drinking age

as established in Official Code of Georgia Annotated Section 3-3-23 to enter

the premises of any on-premises beer and wine licensee or any on-premises mixed

drinks licensee unless otherwise authorized by ordinance or law. Licensees

covered by the provisions of subsection (e) shall post at or near all entrances

in plain view of customers a prominent sign reciting verbatim the prohibition

contained in the first sentence of subsection (e).



























































(f)? ? ?It shall be unlawful for persons under the age of legal majority as

defined in Official Code of Georgia Annotated Section 39-1-1 to be employed by

or to perform on the premises of any on-premises beer and wine licensee or any

on-premises mixed drinks licensee, provided, however, that this subsection

shall not apply to a restaurant as defined in section 3-1(f) or a club as

defined in section 3-1(h) or a riverboat as defined in section 3-1(m).



























































(g)? ? ?Reserved.



























































(h)? ? ?No person under 21 years of age shall misrepresent his or her identity

or use any false identification for the purpose of gaining admission to the

premises of any on-premises beer and wine licensee or any on-premises mixed

drinks licensee.















Sec. 3-14.? Sales on election days.

















































Pursuant to the delegation of authority granted to this governing authority by

Act No. 750 (House Bill No. 247) approved April 10, 1985, Georgia Laws 1985,

Volume I, pages 1508-1510, amending Official Code of Georgia Annotated, Section

3-3-20, the wholesale sale and the off-premises and on-premises retail sale of

alcoholic beverages, to wit, liquors, wines and malt beverages, is permitted

during any election or referendum on the election day including the hours that

the polling places are open; provided, however, nothing herein shall authorize

the sale of alcoholic beverages within 250 feet of a polling place during such

time as the polls are open.















Sec. 3-15.? Open containers of alcoholic beverages, consuming alcoholic

beverages in motor vehicles.

















































It shall be unlawful for any person to consume alcoholic beverages or to have

in his or her possession any open container or package of alcoholic beverages

while aboard any motor vehicle operated or parked on any public street or

public property or on any private property open to public access or vehicular

traffic unless such person is a passenger in a motor vehicle driven by a hired

chauffeur or other driver which is licensed by the city to operate a motor

vehicle for hire or is a passenger aboard a chartered carrier or a carrier

wherein the possession or consumption of alcoholic beverages is allowed by law

or unless such open container or package is in the trunk of the motor vehicle

or kept in a locked glove compartment or in some other area of the vehicle not

normally occupied by the driver or passengers; a container or package shall be

deemed open when the original seal is broken, and any receptacle with an open

top or with a straw shall be classified as an open container or package.















Sec. 3-16.? Persons under legal drinking age prohibited in certain for-profit

establishments; exceptions; "brown-bagging" permit.















































(a)? ? ?No person under the minimum legal drinking age as established in the

Official Code of Georgia Annotated Section 3-3-23 shall be allowed to enter any

privately owned for-profit establishment which is open to the public and which

allows persons to bring or keep alcoholic beverages on the premises for use or

consumption thereon, except persons under said age shall be allowed to enter a

restaurant as defined in section 3-1(f) and unless that person is employed by

that business; provided, however, that said restaurant will not be required to

have an alcoholic beverage license as defined in said section 3-1(f).



























































(b)? ? ?Any privately owned for-profit establishment which allows persons to

bring or keep alcoholic beverages on the premises for use or consumption

thereon shall pay a "brown-bagging" permit fee of $100.00 to the revenue

collection division of the department of finance at the same time a license to

sell beer or wine is purchased or renewed for any such establishment or any

other business license is purchased or renewed for any such establishment.