§ 4-35. Sunday license.

A Sunday sales license is required for the sale of alcoholic beverages on Sundays. The following conditions are applicable to such sales:

(1)

The establishment holds a valid city distilled spirits pouring and/or malt beverage and wine pouring license.

(2)

Alcoholic beverages may be sold and served for consumption on the premises on Sundays from 12:30 p.m. until 12:00 midnight in any licensed establishment which derives at least fifty (50) percent of its total annual gross food and beverage sales from the sale of prepared meals or food, and in any licensed establishment which derives at least fifty (50) percent of its total annual gross revenues from the rental of rooms for overnight lodging; and must qualify as a restaurant or hotel with valid unlimited health permit.

(3)

Applicants for Sunday sales license shall complete an application form furnished by the planning and development office, supplying such information as may be requested. Prior to issuance of the license, the applicant must make available records for determining whether the applicant meets the requirements of subsection (2) of this section. After the license is issued the license may be denied or revoked by the planning and development director for failure to conform or failure to produce satisfactory evidence of conforming. The director of planning and development or his designee shall review the gross income figures from each establishment in their annual report or at any other time as requested to determine the licensee compliance and eligibility for a Sunday sales license. The city shall have ten (10) business days to determine if the application qualifies for Sunday sales. If the applicant qualifies, a license shall be issued, if not the license shall be denied and said applicant may appeal as provided for herein. The decision of the planning and development director may be appealed to the mayor and city council in the same manner as appeals from the alcohol control board as provided for in subsection 4-209(e)(3).

(4)

Annual Sunday sales license renewals shall be made in the same manner and during the same time periods as other distilled spirits and/or malt beverage and wine pouring license renewals, with the exception that the license is approved or denied by the planning and development director.

(5)

A Sunday sales license is not transferable.

(6)

The fee for issuance of the Sunday sales license may be established and/or changed from time to time by the mayor and city council, and a schedule of fees shall be part of the City of Cartersville Code of Ordinances and shall be available in the offices of the planning and development department.

(7)

The Sunday sales license shall be subject to the revocation and suspension procedures and shall be automatically revoked or suspended if the distilled spirits pouring and/or malt beverage and wine pouring license is revoked or suspended.

(8)

When any application for a Sunday sales license has been denied for location, no application for a Sunday sales license may be made for the same location for a period of twelve (12) months from the date of filing of the application which was denied.

(Ord. No. 52-08, § 2, 12-4-08)

Editor's note

Ord. No. 52-08, § 2, adopted Dec. 4, 2008, set out provisions intended for use as § 4-34. For purposes of classification and at the editor's discretion, these provisions have been included as 4-35.