MINUTES
COUNCIL OF COLUMBUS, GEORGIA
SPECIAL CALLED MEETING
OCTOBER 18, 2011
A Special Called meeting of the Council of Columbus, Georgia was
called to order at 9:00 A.M., Tuesday, October 18, 2011, on the Plaza Level of
the Government Center, Columbus, Georgia. Honorable Teresa Pike Tomlinson,
Mayor, and Evelyn Turner Pugh, Mayor Pro Tem, presiding.
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PRESENT: Present other than Mayor Tomlinson and Mayor Pro Tem Evelyn Turner
Pugh were Councilors R. Gary Allen, Mike Baker, Jerry Barnes, Glenn
Davis, Berry H. Henderson, Bruce Huff, Charles E. McDaniel, Jr., and Judy
Thomas. City Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of Council
Tiny B. Washington and Deputy Clerk of Council Sandra Davis were also present.
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ABSENT: Councilor Evelyn Woodson was absent.
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INVOCATION: Offered by Reverend Richard Washington, Pastor ? St. James A.M.E.
Church.
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PLEDGE: Led by the Executive & Legislative Branches of the Downtown
Elementary Magnet Academy.
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Mayor Tomlinson said we only have one item on our Special Called Meeting
today, which are the Proposed Alcohol ordinances. She said some many months
ago, we had businesses and people in the community calling various Councilors,
and also the Mayor?s office concerned about certain issues. She said we
convened
a Committee and Councilor Judy Thomas was on the committee, as an ex-officio
member to look at our existing Alcoholic Beverage Ordinance to see if there
were
any low hanging fruit, ?so to speak? meaning things that could be readily
changed
without encumbering those safety markers that we have had in our alcohol
ordinance for so long; distances away from school and churches, for those
things to
remain in place. She said we came up with three items, which we will be
reviewing
today, as well as take discussions from Council and others in attendance
today.
She then outlined the order in which we will be discussing those ordinances.
Mayor Tomlinson said as it presently exists, if you wish to cater, you can
only cater alcohol if you have a mixed drink license. She said the proposal is
that if you have a beer and wine license, you may also cater that beverage and
not have to get a mixed drink license. She said we also have a provision that
brings us in compliance with State law, which will hopefully prevent some
confusion that we have among businesses.
She said there is another proposal to add a third provision to our alcohol
ordinance. She said right now you may only get an alcohol license in Columbus,
Georgia if you are a restaurant or a bar. She said no other business may even
apply for an alcohol ordinance.
The following is a listing of each of those proposed ordinances as
outlined by the Mayor above.
An ordinance amending the Columbus Code by revising Subsection 3-12(i)
pertaining to the requirements for the permission to cater; 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 Subsection (i) to
Section 3-12 in its entirety and adopting a new Subsection (i) to read as
follows:
?(i) All on-premises alcoholic beverage licensees may sell any
alcoholic beverage covered by their on-premises license 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 caterer to the Revenue Division of
Columbus, Georgia for events held on any public right-of-way.?
SECTION 2.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
Subsection 3-20(d)
An ordinance amending Section 3-20(d) of the Columbus Code so as to require
alcoholic beverage licenses for manufacturing, distribution, sale, handling,
possession for sale or transport of alcoholic beverages; and for other purposes.
_________________
THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:
SECTION 1.
Section 3-20(d) of the Columbus Code is hereby amended by deleting the first
sentence in its entirety and by substituting a new first sentence to read as
follows:
?(d) It shall be unlawful for any person, corporation, partnership,
or other legal entity to manufacture, distribute, , sell, handle, possess
for sale, or otherwise deal in or transport for sale, any alcoholic
beverage without a valid alcoholic beverage license.?
3. Subsection 3-1 (gg)
An ordinance amending the Columbus Code by adding a new Sub-section
3-1(gg) to provide procedures and restriction on the issuance of on-premises
licenses to certain Non-alcohol Retail Establishments; and for other purposes.
---------------
THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 3 of the Columbus Code is hereby amended by adding a new Sub-section
3-1(gg) to read as follows:
(gg) Non-alcohol Retail Establishment: Any business located within UPT, CRD,
GC, NC and CO 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% 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 Uniform 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 twenty-one (21) may be permitted on the businesses
premises at any time; provided that no alcohol shall be served to any person
under twenty-one (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.
(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 sub-paragraph (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.
Chapter 3 of the Columbus Code is hereby further amended by striking
Section 3-5 in its entirety and substituting a new Section 3-5 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 or HMI or
where a majority of the land within the prohibited distance is zoned UPT, NC,
GC, RO, LMI or HMI, 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 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
District provided in Columbus Code section 22-20 and a Mill Restoration Overlay
District provided in Columbus Code section 22-26.4, 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 District and the Mill Restoration
Overlay District 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 and a Mill
Restoration Overlay 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 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 section 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 Section 3-1(gg) of this chapter.
(i) Traditional restaurant licenses, as defined in this chapter, located in
zoning districts UPT, CRD, GC, NC and CO shall not be subject to the distance
restrictions of this chapter.
SECTION 3.
All ordinances and parts of ordinances in conflict with this ordinance are
hereby repealed.
AN ORDINANCE
NO.
An ordinance amending Section 3-20(d) of the Columbus Code so as to require
alcoholic beverage licenses for manufacturing, distribution, sale, handling,
possession for sale or transport of alcoholic beverages; and for other purposes.
_________________
THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:
SECTION 1.
Section 3-20(d) of the Columbus Code is hereby amended by deleting the first
sentence in its entirety and by substituting a new first sentence to read as
follows:
?(d) It shall be unlawful for any person, corporation, partnership,
or other legal entity to manufacture, distribute, , sell, handle, possess
for sale, or otherwise deal in or transport for sale, any alcoholic
beverage without a valid alcoholic beverage license.?
SECTION 2.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
AN ORDINANCE
NO.
An ordinance amending the Columbus Code by revising Subsection 3-12(i)
pertaining to the requirements for the permission to cater; and for other
purposes.
---------------
THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 3 of the Columbus Code is hereby amended by striking Subsection (i) to
Section 3-12 in its entirety and adopting a new Subsection (i) to read as
follows:
?(i) All on-premises alcoholic beverage licensees may sell any
alcoholic beverage covered by their on-premises license 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 caterer to the Revenue Division of
Columbus, Georgia for events held on any public right-of-way.?
SECTION 2.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
AN ORDINANCE
NO.
An ordinance amending the Columbus Code by adding a new Sub-section
3-1(gg) to provide procedures and restriction on the issuance of on-premises
licenses to certain Non-alcohol Retail Establishments; and for other purposes.
---------------
THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 3 of the Columbus Code is hereby amended by adding a new Sub-section
3-1(gg) to read as follows:
(gg) Non-alcohol Retail Establishment: Any business located within UPT, CRD,
GC, NC and CO 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% 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 Uniform 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 twenty-one (21) may be permitted on the businesses
premises at any time; provided that no alcohol shall be served to any person
under twenty-one (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.
(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 sub-paragraph (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.
Chapter 3 of the Columbus Code is hereby further amended by striking
Section 3-5 in its entirety and substituting a new Section 3-5 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 or HMI or
where a majority of the land within the prohibited distance is zoned UPT, NC,
GC, RO, LMI or HMI, 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 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
District provided in Columbus Code section 22-20 and a Mill Restoration Overlay
District provided in Columbus Code section 22-26.4, 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 District and the Mill Restoration
Overlay District 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 and a Mill
Restoration Overlay 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 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 section 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 Section 3-1(gg) of this chapter.
(i) Traditional restaurant licenses, as defined in this chapter, located in
zoning districts UPT, CRD, GC, NC and CO shall not be subject to the distance
restrictions of this chapter.
SECTION 3.
All ordinances and parts of ordinances in conflict with this ordinance are
hereby repealed.
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After Mayor Tomlinson and Councilor Thomas opened up the meeting and explained
the proposed amendments as outlined above, Ms. Yvonne Ivy of the Revenue
Department came forward and responded to several questions of members of the
Council.
Several individuals then came forward and expressed their views regarding
these proposed ordinances.
The following individuals appeared and expressed their interests and
concerns regarding the ordinances: Scott Resseymer, Mr. & Mrs. Jackson, Martin
Lucas, Mr. Richard Bishop, Sgt. Bill Gassaway also came forward and offered
some comments regarding the proposed ordinances, as the request of Mayor
Tomlinson.
Mr. Robert Faulk and Ms. Judy Wilkinson also speak regarding the
ordinance.
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EXECUTIVE SESSION:
Regarding a request of City Attorney Fay to go into an executive session,
Councilor Thomas so moved. Seconded by Councilor Huff and carried unanimous by
those six members of Council present at the time, with Council Allen absent for
this vote and Mayor Pro Tem Turner Pugh and Councilors Henderson and Woodson
being absent from the meeting.
At 10:55 a.m. the meeting adjourned to allow the Council to go into an
executive session to discusses a litigation matter.
The meeting was called back to order at 11:08 a.m. at which time Mayor
Tomlinson advised that the Council met in an executive session and there was no
votes taken.
At 11:10 a.m. Councilor Thomas made a motion to adjourn. Seconded by Councilor
Huff and carried unanimously by those seven members of Council present for this
meeting, with Mayor Pro Tem Turner Pugh and Councilors Henderson and Woodson
being absent from the meeting.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia ;
Attachments
No attachments for this document.