§ 4-1. Definitions.

The definitions in O.C.G.A. tit. 3 apply to this article. In addition, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcohol control board means the board appointed by the mayor and city council to conduct hearings on the issuance, transfer, denial, fining, suspending, revoking or placing on probation; and to administer licensees, owners and licenses regarding the sale of alcoholic beverages within the city limits if a violation of the City of Cartersville Code of Ordinances has occurred or state law and to have all other powers conformed upon them by the mayor and city council.

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.

Distilled spirits means all beverages containing alcohol, obtained by distillation or containing more than twenty-one (21) percent alcohol by volume, including fortified wines.

Distillery means a facility that manufactures distilled spirits.

Fortified wine means any alcoholic beverage containing more than twenty-one (21) percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.

Growler means a glass or ceramic bottle not to exceed sixty-four (64) ounces that is filled by a licensee or employee of a package outlet with beer from a keg. This includes supermarkets which may also have a pouring license.

Hotel or motel means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, and whether conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel or motel operation:

(1)

Which maintains fifty (50) or more rooms used for the sleeping accommodations of such guests;

(2)

Which maintains an adequate and sanitary kitchen and dining room equipment to serve food as required therein;

(3)

Which operates one (1) or more public dining rooms (excluding banquet rooms) with a combined seating capacity of at least fifty (50), where meals are regularly served to guests; provided, that, consistent with the definition of lounge, in no event shall the seating capacity of the lounge exceed that of the public dining rooms;

(4)

Which employs sufficient personnel to serve food as required herein; and

(5)

Which derives at least forty-five (45) percent of its gross income from the sale of such meals prepared, served and consumed on the premises. Cover charges cannot be included in determination of gross income from food sales. The director of planning and development or his/her designee shall review the gross income figures from each establishment which shall provide such information, at the end of the third quarter of each calendar year, and at any other time requested to do so by the director of planning and development or his/her designee, and determine if the annual sales meet the required ratio and make the appropriate recommendations to the alcohol control board. Hotels shall have the privilege of granting franchises for the operation of a lounge, restaurant in their premises and the holder of such franchise shall be included in the definition of hotel.

(6)

All restaurants must include a kitchen built to commercial kitchen standards which include at a minimum:

a.

A three-compartment sink with drainboards is required for all restaurants. The size of the sink compartments is determined by your type of operation. You must be able to immerse your largest piece of equipment or utensils to be washed in each compartment. Sink compartments in most establishments may not be smaller than fifteen (15) inches by eighteen (18) inches.

b.

A hand sink is required in all food preparation and toilet rooms.

c.

If your operation requires washing of vegetables and meats, or, thawing food under water, a food preparation sink will be required. This sink must have an indirect sewer connection.

d.

A mop sink or wash area is required for all restaurants.

e.

Adequate refrigeration must be provided.

f.

Adequate and approved work surface must be provided.

g.

All rooms shall have sufficient mechanical ventilation to remove excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Hoods and ventilation equipment must be approved by the building officials and the fire department in addition to the health department.

h.

A commercial stove, oven, grill and/or range.

Licensee for the sale of distilled spirits by the drink on the premises means any person duly licensed to sell by the drink and for consumption only on the premises.

Lounge means a separate room connected with or a part of and adjacent to a restaurant or located in a hotel, provided that, in no event shall the seating capacity of the lounge exceed that of its connected restaurant.

Manufacturer means any maker, brewer, producer, distillery, vintner, rectifier, blender, or bottler of distilled spirits or malt beverages and wine, microbrewers, or any other alcoholic beverage.

Microbrewery means an establishment in which not more than fifteen thousand (15,000) barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1.

Nonprofit facilities mean facilities owned or operated by a 501(c)3 organization which includes at least a sixty thousand (60,000) square foot museum and at least two (2) other nonprofit facilities which must be either a museum, educational facility, and/or theater.

Nonprofit licensee means any 501(c)3 nonprofit corporation pursuant to the Internal Revenue Service which operates or owns at least one (1) museum of at least sixty thousand (60,000) square feet and at least two (2) other nonprofit facilities as defined herein to which a pouring license for the sale of malt beverages and wine and/or distilled spirits is issued.

Package means distilled spirits, wine or malt beverages sold, offered or stored, including but not limited to, kegs, bottles, growlers, can, or other original consumer container for sale at retail in sealed containers, not for opening or consumption upon the premises of the package outlet.

Package outlet means a store for the retail sale of either package wine or package malt beverages, distilled spirits or both, depending upon the license held, consumption on the premises not being permitted.

Package wine outlet means a store exclusively for the retail sale of package wine and no other alcoholic beverages. Said store shall be allowed to sell specialty items, including food (for example breads and cheeses). For the purpose of fees, said store shall pay the same licensing requirements as retail wine package stores and for all other requirements of the chapter unless otherwise specified. However, food sales can be no more than thirty (30) percent of their total gross revenue sales. Additionally, a package wine outlet shall be allowed to repackage or bottle wine for sale and shall be allowed to serve samples in eight-ounce containers to patrons. Additionally, said establishment shall submit a report on its sales and samples served on the forms prescribed by the alcohol control board.

Pour means to sell alcoholic beverages for beverages purposes, to sell alcoholic beverages for consumption on the premises, and to sell alcoholic beverages by the drink or malt beverage and wine or both.

Pouring license means the authorization by the alcohol control board to engage in the sale for consumption on the premises of distilled spirits. Or sell by the drink means sell for beverage purposes for consumption on the premises.

Pouring outlet means any place where distilled spirits, wine and/or malt beverages (unless specifically modified) are poured or proposed to be poured. In the case of liquor and wine, "pouring outlet" means only a restaurant, hotel, private club or lounge.

Premises means the definite, closed-in or partitioned-in locality (whether room or building), sidewalk and right-of-way cafe, wherein pouring takes place, except as to hotels, where premises shall include guest rooms (if a state license is obtained), conference and/or banquet rooms within the hotel property.

Private club means a corporation organized and existing under the laws of the state, a private membership country club, or a fraternal or veterans organization having bylaws and a part of a national organization in existence at least ten (10) years, actively in operation within the city at least one (1) year immediately prior to the application for a license under this article, having at least one hundred (100) members regularly paying monthly, quarterly, semiannual or annual dues, organized and operated exclusively for fraternal brotherhood, pleasure, recreation and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any stockholder or member; and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of personnel and employees for cooking, preparing and serving meals for its members and guests; provided, that no member or 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 distilled spirits 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.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, without sleeping accommodations:

(1)

Which maintains an adequate and sanitary kitchen and dining room equipment to serve food as required in this article;

(2)

Which provides a regular seating capacity for at least fifty (50) persons; provided, that consistent with the definition of lounge, in no event shall the seating capacity of the lounge exceed that of its connected restaurant;

(3)

Which employs sufficient personnel to serve food as required herein;

(4)

Which serves at least one (1) meal per day at least five (5) days per week (with the exception of holidays, vacations, and period of redecorating) and said meal must be served from 11:30 a.m. to 1:30 p.m. or 7:00 p.m. to 9:00 p.m. every day the establishment is open and hours of operation must be posted on the front door of the premises.

(5)

Which derives at least forty-five (45) percent of its gross income from the sale of such meals prepared, served and consumed on the premises. Cover charges cannot be included in determination of gross income from food sales. The director of planning and development or his designee shall review the gross income figures from each establishment which shall provide such information, at the end of the third quarter of each calendar year, and at any other time requested to do so by the director of planning and development or his designee, and determine if the annual sales meet the required ratio and make appropriate recommendations to the alcohol control board.

Retail cigar shop shall mean a commercial establishment that sells full-sized, hand-rolled cigars, which derives at least seventy (70) percent of its gross income from the sale of tobacco products sold on the premises. The director of planning and development or his designee shall review the gross income figures from each establishment which shall provide such information, at the end of the third quarter of each calendar year, and at any other time requested to do so by the director of planning and development or his designee, and determine if the annual sales meet the required ratio and make appropriate recommendations to the alcohol control board.

Retail dealer means any person who sells distilled spirits or beer or wine in unbroken packages at retail only to consumers and not for resale.

Retail package store means a place of business licensed to sell and distribute distilled spirits for retail.

Sunday sales license means pouring license or license to sell by the drink malt beverage and wine and/or distilled spirits on Sundays.

Supermarket means a retail market which:

(1)

Maintains an inventory of saleable grocery products including, but not limited to: meat, dairy, vegetable, fruit, dry goods and beverages;

(2)

Has an interior floor space and storage areas of at least one hundred thousand (100,000) square feet of which more than fifty (50) percent of such interior floor area is devoted to the display for sale of food products;

(3)

Sells prepared food;

(4)

Has a full service kitchen; and

(5)

Meets all applicable building, fire and safety codes in effect for the city.

Malt beverage and wine, package, pouring and sampling are allowed in the designated areas, as established for the supermarket.

Wholesaler means any person who sells distilled spirits to other wholesale dealers or retail dealers.

Wine means any alcoholic beverage containing no more than twenty-one (21) percent alcohol by volume, which is made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. The term "wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, etc. The term "wine" 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 the point in the manufacturing process when it conforms to this definition.

Wine specialty shop means:

(1)

Wine specialty shop means a retail establishment which has both sales of wine and limited consumption on the premises of wine, under the following conditions:

a.

No less than seventy-five (75) percent of the gross revenue of the business shall be derived from the package sale of table wine, fortified wines, port, sherry and/or wine accessories or other merchandise allowed to be sold in the downtown business district; (consumption on the premises sales must be twenty-five (25) percent or less of the business' gross revenue).

b.

It shall be unlawful for a wine specialty shop to sell or have on the premises spirituous liquors or packaged malt beverages.

c.

Free samples of wine shall not exceed one and one-half (1½) ounces nor shall any one (1) individual be offered more than three (3) samples within a calendar day.

d.

Sampling or tasting of wine is only permitted within the designated portion of the premises.

(2)

A retail establishment operating as a wine specialty shop shall provide the city clerk's office, at the time of alcohol license renewal, a statement prepared by licensee's bookkeeper or accountant of the gross sales of the business for the preceding calendar year. The statement shall include the total gross sales for the establishment and document the percentage of sales in dollars attributed to consumption on the premises as compared to package sales and other general merchandise sales. Copies of the state sales tax returns for the same period shall be attached to the statement. The statement must be properly notarized and certified to be true and correct by the licensee or his/her agent under penalty of law, and shall accompany the renewal license fee payment on or before December 31, of each year. The city reserves the right to require, for any reasons deemed necessary by the city, a certified audit for sale of wine.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 58-06, § 1, 8-3-06; Ord. No. 18-07, § 1, 5-3-07; Ord. No. 51-08, § 1, 12-4-08; Ord. No. 05-10, § 1, 2-4-10; Ord. No. 08-10, § 1(I—V), 3-18-10; Ord. No. 23-11, § 1, 12-1-11; Ord. No. 24-11, §§ 2, 3, 12-1-11; Ord. No. 11-14, § 1, 5-1-14; Ord. No. 14-17, § 1, 5-18-17; Ord. No. 28-17, §§ 1, 2, 9-7-17; Ord. No. 28-16, § 1, 8-4-16; Ord. No. 37-18, § 1, 12-6-18)