AN ORDINANCE
NO.
An ordinance amending Chapter 3 of the Columbus Code by revising
certain definitions set forth in Section 3-1 thereof, enacting a new Section
3-5, repealing any ordinances in conflict therewith; and for other purposes.
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 3 of the Columbus Code is hereby amended by striking the existing
definitions found in subsections 3-1(n), (ee), (ff) and (gg) and inserting the
following subsections to read as follows:
?(n) Multi-purpose theater: Any theater facility located within a UPT or PMUD
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.
(ee) Traditional restaurant: An established place of business located in the
UPT, CRD, GC, NCCO, and PMUD zones, which meets all of the following criteria:
(1) Promotes the sale of prepared food as a dominant part of the business;
(2) Licensed to sell mixed drinks for consumption on the premises only;
(3) Provides adequate facilities and sufficient employees for cooking or
preparing and serving such meals for consumption at tables in dining rooms on
the premises;
(4) Derives at least 80 percent of its gross revenues from the sale of such
meals prepared, served, and consumed on the premises;
(5) Provides no adult entertainment as described in subsection 3-1(p) of the
Code;
(6) Imposes no fees for cover charges, fees for admission or entrance, viewing
fees/pay per view fees or fees for contests/tournaments or live entertainment,
nor allows an independent individual to charge fees for cover charges,
admission or entrance, viewing fees or fees for contests/tournaments or live
entertainment on the premises. No live entertainment shall be permitted on the
premises;
(7) Does not promote or allow tournaments or contests of skill, dexterity,
strength, or talent;
(8) Serves food during all hours of operation;
(9) Impose no age restrictions during any of its hours of operation;
(10) Restaurants permitted under this section shall be prohibited from
conducting outdoor sales of alcoholic beverages on the public right-of-way or
patios and decks;
(11) Musical instruments or sound reproduction devices shall not be operated or
used within a patio/deck or on public right-of-way;
(12) Owners, applicants, 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;
(13) From Sunday through Thursday, the normal operating hours shall be between
6:01 a.m. and 11:00 p.m. From Friday through Saturday, the normal operating
hours shall be between 6:01 a.m. and 12:00 midnight. No customer shall be
permitted to remain on the premises for more than 20 minutes after the normal
operating hours.
(ff) Small multi-purpose theatre: Any theatre facility located within a CRD,
MROD, or PMUD zone with a seating capacity between 350 and 749 persons which
meets all of the following elements:
(1) Offers live entertainment, plays, musicals, dinner theater or leases space
for birthday parties, wedding receptions or similar events;
(2) Offers alcoholic beverages only when such beverages have been purchased by
the licensee permanently located at such premises; except that a bona fide
non-profit charitable organization may lease such premises and obtain a special
event alcoholic beverage permit that allows such charity to receive alcohol
donated by a licensed wholesaler;
(3) Provides no adult entertainment as described in subsection 3-1(p) and
Chapter 14, Article VI of this Code;
(4) Maintains the following operating hours: from Monday through Saturday, the
normal operating hours shall be between 6:01 a.m. and 1:00 a.m. Sunday normal
hours of operations shall be between 6:01 a.m. and 12:00 midnight. Sunday hours
of operations shall not involve the selling or serving of any alcoholic
beverages unless theatre meets requirements outlined in section 3-13 of this
Code. No customer shall be permitted to remain on the premises for more than 20
minutes after the normal operating hours cease;
(5) Owners, 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;
(6) Any individual leasing or renting the theatre and wishing to impose any
fees for cover charges, fees for admission/entrance, fees for
contests/tournaments or live entertainment shall hold a valid business license
and pay all applicable fees and taxes due on all revenues earned; except that a
bona fide non-profit charitable organization shall be exempt from the
requirements of this subsection.
(gg) Non-alcohol retail establishment: Any business located within UPT, CRD,
GC, NC, CO, or PMUD zones with a dominant line of business that does not
involve the sale or distribution of alcoholic beverages that obtains an
on-premises license pursuant to this chapter in order to sell, or serve wine
and malt beverages to customers on their business premises in the following
limited circumstances:
(1) The business, during all hours of operation, must sell a product or provide
a service unrelated to alcoholic beverages that accounts for 80 percent of the
business' gross revenue.
(2) Events where alcohol sale or service is permitted on said business premises
shall only take place between the hours of 5:00 p.m. and 12:00 a.m. Monday
through Saturday, but this will in no way restrict the hours of operation for
the dominant line of business when no alcohol sale or service is taking place.
(3) The wine and malt beverages offered must have been purchased from a
licensed wholesaler by the licensee permanently located at such premises;
except that a bona fide non-profit charitable organization may lease such
premises and obtain a special event alcoholic beverage permit that allows such
charity to receive alcohol donated by a licensed wholesaler.
(4) The non-alcohol retail establishment shall provide no adult entertainment
as described in subsection 3-1 (p) above. Chapter 14, articles IV and VI of
this Code, and chapter 13 of the Unified Development Ordinance.
(5) Owners, applicants, 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.
(6) Persons under the age of 21 may be permitted on the businesses premises at
any time; provided that no alcohol shall be served to any person under 21 years
of age during the times when wine and malt beverages are being served.
(7) The alcoholic beverage license and permit of a non-alcohol retail
establishment business shall not be transferable to any other license, person,
or business. Non-alcohol retail establishment licensees shall not be permitted
to cater or sell alcoholic beverages outside of licensed premises.
(8) No cover charges or other fees for admission will be charged unless it is
related to the provision of the goods or services of the licensee's dominant
line of business. In such situations the licensee shall hold a valid business
license and pay all applicable fees and taxes due on all revenues earned;
except that a bona fide non-profit charitable organization shall be exempt from
the requirements of this subsection.
(9) Notwithstanding subparagraph (3) above and section 3-16 hereinafter, a
non-alcohol retail establishment may pay an additional on-premises fee of
$1,000.00 to the finance department at the same time the annual wine and malt
beverage license is obtained which will permit customers to bring their own
malt beverages and wine onto the business premises during hours when alcoholic
beverages could otherwise be sold pursuant to this sub-section.
SECTION 2.
Section 3-5 of the Columbus Code is stricken in its entirety and a new
Section 3-5 is adopted to read as follows:
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 SFR1, SFR2, SFR3,
SFR4, RMF1, RMF2, and RMH; private residences, whether such residences be
single-family, duplexes or apartments; but the provisions hereof concerning
private residences and areas zoned SFR1, SFR2, SFR3, SFR4, RMF1, RMF2 and RMH
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 UPT, NC, GC, RO, LMI HMI or PMUD
or where a majority of the land within the prohibited distance is zoned UPT,
NC, GC, RO, LMI or HMI, or PMUD and where the applicant is a private club or
the applicant's business is a hotel-motel or a restaurant or a non-alcohol
retail establishment 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. For
purposes of this chapter, "city playgrounds" means an area, owned by the city
or other governmental agency, open to the general public for recreational
purposes, which includes slides, swings, climbing apparatus, or similar
equipment.
(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. The
term "school" does not extend to educational levels above the 12th grade.
(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, a private club, or a non-alcohol
retail establishment, as defined in section 3-1 of this chapter.
(e) The distance relating to prohibited locations for licenses hall 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;
(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 District
(CRD) provided in section 2.3.3 of the Unified Development Ordinance (UDO) a
Mill Restoration Overlay District (MROD) provided in section 2-5.18, and a
Planned Mixed Use Development (PMUD) provided in section 2.5.16 of the UDO
ordinance 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 CRD, the
MROD, and a PMUD shall be subject to all other provisions of chapter 3 of the
Columbus Code.
(2) Notwithstanding the provisions of subsection 3-5(b), the finance director
shall be authorized to issue alcoholic beverage licenses for restaurant uses
only located within the Central Riverfront Zoning District,, a Mill Restoration
Overlay District or a PMUD 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 subsection 3-1(f)(9). Restaurants permitted under this subsection 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
subsection 3-12(i).
(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 therefore is made within one year
of the date that the business operations for the previous license ceased. This
provision shall not apply to non-alcohol retail establishments as defined in
subsection 3-1 (gg) of this chapter.
(i) Traditional restaurant licenses, as defined in this chapter, located in
zoning districts UPT, CRD, GC, NC, CO and PMUD shall not be subject to the
distance restrictions of this chapter.
(j) Broker licenses, as defined in this chapter, shall not be subject to the
distance restrictions of this chapter. Signage advertising such an application
shall not be required.
(k) Notwithstanding the distance restrictions contained in this Code section,
on-premises licensees holding alcoholic beverage licenses as a restaurant,
hotel, bowling center, traditional restaurant or non-alcohol retail
establishment may be licensed under this chapter if located within 1,500 feet
of the perimeter property line of the Columbus Airport and if located on a
parcel zoned GC, CO, LMI, or HMI.
SECTION 3.
All ordinances and 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
11th day of February, 2014, introduced a second time at a regular meeting of
said Council held on the ______ day of _____________, 2014, and adopted at said
meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Huff voting_____________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Thomas voting___________.
Councilor Woodson voting__________.
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TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK MAYOR
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