ORDINANCE
NO.
An ordinance amending the Alcoholic Beverage Ordinance for Columbus,
Georgia so as to revise certain language, amend definitions; 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 deleting the
following provisions and adding new provisions with new language underlined as
follows:
Sec. 3-1. Definitions.
Section 3-1(f)(4)
(4) Which has no adult entertainment as described in section 3-1(p) of this
Code;
Explanation of Revisions:
Section 3-1(f)(4) to be revised to identify the correct subsection that defines
adult oriented establishment.
Section 3-1(p) defines ?adult oriented establishment?; section 3-1(q) defines
?employee?.
Section 3-1(h)
(h) Private Club: Any nonprofit association organized under the laws of this
state which:
Explanation of Revisions:
Section 3-1(h) to be revised to be more specific in identifying the terminology
of a non-profit organization to read ?private club? rather than ?club? as to
not confuse the terminology as a nightclub.
Section 3-1(n)
(n) Multi-purpose theater: Any theater facility located within a UPT 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.
Explanation of Revisions:
Section 3-1(n) revised to reflect current zoning classifications in the (UDO)
Unified Development Ordinance. The former zoning district was C-1, the new
zoning district for C-1 is UPT.
Section 3-1(cc)
(cc) Importer: Any person who imports an alcoholic beverage into this state
from a foreign country and sells the alcoholic beverage to another importer,
broker, or wholesaler and who maintains a stock of the alcoholic beverage.
Explanation of Revisions:
Section 3-1(cc) to be revised to correct typographical error in the spelling of
Importer.
Sec. 3-5. Prohibited locations.
Section 3-5(a)
(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, public recreational center as defined herein;
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
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, ?public recreation center? means a property or building, owned by the
city or other governmental agency, open to the general public for educational
or recreational purposes, and may include swimming pools, playgrounds, tennis
courts, activity buildings, or similar uses.
Explanation of Revisions:
Section 3-5(a) revised to reflect current zoning classifications in the UDO
(Uniformed Development Ordinance) and correct the terminology of club to
private club.
City Playground to be revised to be more specific in identifying public
recreational facilities and areas.
Section 3-5(c)
(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.
Explanation of Revisions:
Section 3-5(c) revised to clarify what is not considered a school in this
Chapter.
Section 3-5(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 private club, as defined in section
3-1 of this chapter.
Explanation of Revisions:
Section 3-5(d) revised to correct the terminology of club to private club.
Sec. 3-7. Procedure for applying for licenses and for certifying employees.
Section 3-7(b)
(b) At the time of submitting an application, the applicant, owner(s),
stockholder(s), partners, and manager(s) shall complete and submit a form
Waiver For Police Records Check.
Explanation of Revisions:
Under the new revision, Section 3-7(b) is to be deleted in its entirety to be
replaced by a new subsection (b) to recognize the present police background
check forms that are utilized and clarify persons who have to submit police
waiver forms with alcoholic beverage applications.
Section 3-7(c)
(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(p) 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:
Explanation of Revisions:
Section 3-7(c) to be revised to identify the correct subsection that defines
adult oriented establishment.
Section 3-1(p) defines ?adult oriented establishment?; section 3-1(q) defines
?employee?.
Sec. 3-11. Revocation.
SECTION 3-11(a)(7)
(a)(7) Forfeiting bond, pleading guilty, or pleading nolo contendere to
conducting any of the gambling activities described in Title 16, Chapter 12,
Article 2 of the Official Code of Georgia, as now or hereafter amended, upon
licensed premises.
Explanation of Revisions:
Section 3-11(a)(7) to expand the types of commercial gambling activities that
may form the basis for the revocation of an alcohol license.
Sec. 3-12. Regulations for the sale of alcoholic beverages for consumption on
the premises--Generally.
Section 3-12(k)
(k) The management of on-premises businesses shall maintain a copy of this
section on such premises and shall instruct each and every employee of the
terms thereof.
Explanation of Revisions:
Section 3-12(k) to be revised to correct typographical error in the spelling of
?on?.
Sec. 3-12. Regulations for the sale of alcoholic beverages for consumption on
the premises--Generally.
Section 3-12(l)
(l) Patios and decks shall be connected to the primary building of the licensed
premises. They shall be bordered by a fence or enclosure no less than 3 feet
high with access gained only through the interior area of the primary
building. Nothing contained herein shall be read to limit compliance with the
Fire Code.
Explanation of Addition:
New Section 3-12(l) establishes guidelines on the use of outside areas deemed a
patio or deck of a licensed establishment.
``Sec. 3-20. Administrative rules.
New Sections 3-20(c) and (d)
At any time, any agent of the City may enter upon the licensed premises covered
under this Chapter for the purpose of inspecting the premises, books and
records, and supplies relating to the manufacture, transportation,
distribution, sale, storage, or possession of alcoholic beverages for
compliance with City and State law.
(d) It shall be unlawful for any person, corporation, partnership or other
legal entity to possess, sell, or possess for the purpose of sale at any
business location or transport for the purpose of sale, any alcoholic beverage
where the person does not have a valid alcoholic beverage license. Any person
who violates this or any other provision of this chapter shall upon conviction
be punished as set forth in section 1-8 of this Code, and each day's failure of
compliance with any such provision shall constitute a separate violation.
Explanation of Addition:
Section 3-20(c) allows any agent of the City to randomly inspect an
establishment that has an alcoholic beverage license for compliance.
Section 3-20(d) establishes grounds for penalizing anyone operating without a
valid alcoholic beverage license.
SECTION 2.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
24th day of February, 2009 introduced a second time at a regular meeting of
said Council held on the ______ day of ________, 2009, and adopted at said
meeting by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Anthony voting__________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Hunter voting___________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
______________________________ ______________________________
TINY B. WASHINGTON, CLERK JIM WETHERINGTON, MAYOR
Attachments
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