§ 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adequate parking means one parking space for each 100 square feet of customer service area within the premises of an applicant.
Administrator means the city manager or his designee.
Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine.
Bar means a business open to the public which sells alcoholic beverages for consumption on the premises which is not a restaurant.
Brown-bagging means the bringing, taking or carrying of any alcoholic beverage into a business licensed to operate within the city, but not licensed for the consumption of alcoholic beverages on the premises, provided that bringing an alcoholic beverage into a house, apartment, room or other unit designed for private residential occupancy shall not fall within this definition.
Brown-bagging establishments means bring-your-own-bottle establishments that may not hold a license to sell and may not sell or serve any alcoholic beverages. They must be in a zoning district that allows such use.
Building code means and includes all building, plumbing and electrical codes and any similar technical code of the city.
Business area means any street length between intersections where 50 percent or more is in use for business purposes.
Central business district (CBD) means any premises located in the DT-CBD zoning district.
Church means any permanent building which houses the main sanctuary in which persons regularly assemble for religious worship and which is publicly designated as a church, but shall not include a residence also used for religious purposes. The term "church" shall not include the temporary housing or leased space of a religious group in an otherwise commercial center.
College means only those state, county, city, church or other colleges that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.
Distance means the measurement in horizontal lineal feet as defined in section 6-25.
Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume, including, but not limited to, all fortified wines.
Family means any person related to the holder of such license within the first degree of consanguinity or affinity as determined according to civil law.
Good moral character means the propensity of the person to serve the public in the licensed area in a fair, honest and open manner.
(1)
A judgment of guilt is a criminal prosecution or a judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that:
a.
At the current time he has the ability to, and is likely to, serve the public in a fair, honest and open manner; and
b.
He is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he seeks a business license or business permit.
(2)
The following criminal records shall not be used, examined or requested by the city in a determination of good moral character when used as a requirement to obtain a business license or business permit:
a.
Records of an arrest not followed by a conviction.
b.
Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.
c.
Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest and open manner.
d.
Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
Grocery store means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items and conducts all of its sales inside the building containing its retail floor space, licensed under this chapter for the retail sales of only wine and malt beverages for consumption off the premises.
Indoor recreation establishment means an indoor facility that contains regulation-size courts or alleys where physical sporting activity takes place and equipment related to the activity is available for rent or sale.
License means the authorization by the city council to engage in the sale or consumption of alcoholic beverages in the city and a person, real or artificial, holding any class of license issued under the terms of this chapter.
Licensee means a person, real or artificial, holding any class of license issued under the terms of this chapter.
Lounge means a separate room connected with a part of and adjacent to a restaurant with all booths, stools and tables being unobstructed and open to view. All lounges shall be air conditioned and have a seating capacity of at least 40.
Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.
Non-alcohol retail establishment means any business located within the zones, any private club, restaurant, music hall, theater, cigar shop, bowling alley or any other establishment providing entertainment in the normal course of business in which the owners or their employees or agents knowingly allow patrons to bring in and consume on the premises the patrons' own alcoholic beverages.
Park means any public lands owned or controlled by the city or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public.
Premises means the definite closed or partitioned establishment, whether room, shop or building, wherein alcoholic beverages are sold or consumed. The term "premises" shall also include any privately owned or leased courtyard or patio which is architecturally visibly defined.
Private club means a corporation organized and existing under state laws, having at least 100 members regularly paying monthly, quarterly, semiannual or annual dues, organized and operated exclusively for pleasure, recreation and other nonprofitable purposes; no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with a suitable kitchen, dining room space and equipment; and maintaining and using a sufficient number of servants and employees for cooking, preparing and serving meals for its members and guests; provided that no member, officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the sale of alcoholic beverages to the club or its members or guests beyond the amount of such salary as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club.
Private residence means a house or dwelling wherein not less than one nor more than three families customarily reside and shall not include an apartment house having facilities for housing four or more families; or any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of an application.
Restaurant means any means any business 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 beverage sales from the sale of prepared meals or food.
Retail means retail sales packaged to go and not for consumption on the premises.
School means any state, county, city, church or other private school that teach the subjects commonly taught in the common schools of this state and shall include the adjacent open land or fenced areas used for school purposes but this shall not include any portion of a private school, where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.
Service area means that in the event a lounge, private club or restaurant is located adjacent to an indoor recreational establishment and within the same building or structure, the recreational area is defined as being within the service area of such lounge, private club or restaurant and the consumption of alcoholic beverages within the recreational area is permitted.
Shopping center means more than one commercial establishment planned and developed as a unit and providing parking facilities in common on the site. This shall also include a mall or strip center.
Wholesaler means any person, firm or corporation engaged in distribution or selling to retailers for the purpose of resale any alcoholic beverages.
Wine means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to this definition.
(Code 1989, § 9-1-1; Res. No. 95-01-10, 1-10-1995; Ord. No. 00-04-11, 4-11-2000; Ord. No. 1547, Att. A, 5-9-2011; Ord. No. 2008-007, § 1, 6-16-2008; Ord. No. 3567-2015, 9-14-2015; Ord. of 1-9-2017, §§ 1, 2)
State law reference
Definitions, O.C.G.A. § 3-1-2; educational entities, O.C.G.A. § 20-2-690.
Cross reference
Definitions generally, § 1-2.