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.
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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 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 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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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
25th day of October, 2011, introduced a second time at a regular meeting of
said Council held on the ______ day of ________, 2011, 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
Attachments
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