§ 4-59. Pouring licenses limited to certain establishments.

No application for a pouring license shall be considered from, and no license shall be granted to an applicant whose premises for a pouring outlet is anything other than a restaurant, hotel, motel, private club, lounge, retail cigar shop, store, or supermarket as defined in this chapter. It is the intention of this division that wine and malt beverages for consumption on the premises be sold only at bona fide restaurants, hotels, motels, private clubs, retail cigar shops, and supermarkets under the restrictions herein set out, and not at walk-in bars or sham establishments, as follows:

(1)

Hotel or motel as specifically defined in this Code, 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:

a.

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

b.

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

c.

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;

d.

Which employs sufficient personnel to serve food as required herein;

e.

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.

f.

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

1.

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.

2.

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

3.

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.

4.

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

5.

Adequate refrigeration must be provided.

6.

Adequate and approved work surface must be provided.

7.

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.

8.

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

(2)

Restaurant as specifically defined in this Code, 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:

a.

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

b.

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;

c.

Which employs sufficient personnel to serve food as required herein;

d.

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 10:00 p.m. every day the establishment is open and hours of operation must be posted on the front door of the premises.

e.

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.

f.

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

1.

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.

2.

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

3.

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.

4.

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

5.

Adequate refrigeration must be provided.

6.

Adequate and approved work surface must be provided.

7.

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.

8.

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

(3)

Retail cigar shops as specifically defined in this Code, may be issued an on-premises consumption license for sales of beer, malt beverages, and wine, and distilled spirits, without meeting the requirements that forty-five (45) percent of its gross annual sales be derived from the sale of prepared meals or food, provided that at least seventy (70) percent of its gross annual sales be derived from the sale of full-sized, hand-rolled cigars, and expressly excluding from the calculation of gross annual sales the sale of cigarettes, bongs, bubblers, glass pipes, water pipes, Turkish pipes, pipe screens, pipe filters, dug-outs, stash boxes, rolling papers, rolling devices, rolling trays, grinders, incense, pipe cleaners, and other smoking paraphernalia if all allowed to be sold pursuant to the chapter. 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.

a.

In regards to seating, parking and occupancy requirements, those applicable to the cigar store shall supersede those listed in chapter 4.

(4)

A supermarket, as defined in the Code, means a retail market which:

a.

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

b.

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;

c.

Sells prepared food;

d.

Has a full service kitchen; and

e.

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

Notwithstanding any other provision of the Code to the contrary, a supermarket licensed for package wine and package malt beverages, may also be licensed to sell and serve malt beverages and wine pouring in specifically designated seating areas. A supermarket licensed for malt beverage and wine pouring shall also be allowed to provide samples of malt beverages and wine in specifically designated seating areas in conjunction with educational classes and sampling for consumption on the premises designed to promote wine or malt beverage appreciation and education. Sampling shall be limited to no more than one (1) time per day per customer. Samples shall not exceed two (2) ounces, and no customer shall consume more than eight (8) ounces in any two-hour period.

(5)

Pouring licenses may be issued to manufacturers for off premises and on premises consumption as follows:

a.

Microbrewer as defined in this chapter and brewers shall be subject to the limitations presented in O.C.G.A. § 3-5-24.1 shall be allowed to sell for on premises and off premises consumption.

b.

Distillers as defined in this chapter shall be subject to the limitations presented in O.C.G.A. § 3-4-24.2 shall be allowed to sell for on premises and off premises consumption.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 18-07, § 2, 5-3-07; Ord. No. 51-08, § 1, 12-4-08; Ord. No. 08-10, § 5, 3-18-10; Ord. No. 16-10, § 1, 6-3-10; Ord. No. 03-15, § 1, 3-5-15; Ord. No. 14-17, § 2, 5-18-17; Ord. No. 38-16, § 3, 8-4-16; Ord. No. 38-18, § 1, 12-6-18)