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SPONSOR: COMMISSIONER VIRGIL WATKINS

FLOOR AMENDMENT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION, TO REPEAL AND

REPLACE CHAPTER 4, AND AMEND PROVISIONS OF CHAPTERS 7 AND 16, OF

THE INAUGURAL CODE OF ORDINANCES FOR MACON-BIBB COUNTY,

RELATING TO REGULATION OF ALCOHOLIC BEVERAGES; BY IMPLEMENTING

REVIEW PROCEDURES FOR ADVERSE LICENSING DECISIONS; ADJUSTING

LICENSING FEES; PROMOTE SAFE SERVICE OF ALCOHOLIC BEVERAGES BY

THE DRINK; AND CREATING A MORE EFFICIENT AND EFFECTING LICENSING

SCHEME; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER

LAWFUL PURPOSES.

WHEREAS, by virtue of Article IX, Section III, Paragraph II of the Constitution of

Georgia, Ga. Law 2012, page 5595 and Ga. Laws 2013, pages 3501, 3942, and by virtue of the

will of the people in a referendum held on July 31, 2012 there is to be a consolidated local

government known as “Macon-Bibb County”; and

WHEREAS, the Macon-Bibb County Code of Ordinances currently addresses the sale and

service of alcoholic beverages in Chapter 4, entitled “Alcoholic Beverages,” as well as in limited

part in Chapter 7, entitled “Business Regulations,” and Chapter 16, entitled “Offenses”; and

WHEREAS, there are certain aspects relating to the process of appealing or disputing

adverse decisions against license applicants which could potentially benefit from additional

clarification and specificity; and

WHEREAS, the Macon-Bibb County government has become aware of a number of

abusive practices relating to the use of special event catering permits and other practices which are

contrary to the intention of the government for the service of alcoholic beverages within Macon-

Bibb County; and

WHEREAS, the Macon-Bibb County Commission wishes to promote the safe, responsible

service of alcoholic beverages by the drink; and

WHEREAS, the Macon-Bibb County Commission wishes to modify licensing fees

charged for various alcohol licenses to bring fees in line with those charged for similar licenses

around the State of Georgia, as reflected in Exhibit A hereto, with said Exhibit being included for

illustrative purposes only and not incorporated into the substance of this Ordinance, such that in

the event of any conflict or differences appearing between the language, structure, style, or

organization provided herein and that of said Exhibit, this Ordinance shall be in all ways

controlling; and

WHEREAS, the Macon-Bibb County Commission wishes to take steps to make the

licensing process operate as smoothly and efficiently as possible, including minimizing delays

between the time of application and the date of licensure; and

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WHEREAS, the Macon-Bibb County Commission wishes to update the Macon-Bibb

County Code of Ordinances to reflect certain changes in State law that have been made; and

WHEREAS, a document reflecting the revisions proposed herein is attached hereto at

Exhibit B, with said Exhibit being included for illustrative purposes only and not incorporated into

the substance of this Ordinance, such that in the event of any conflict or differences appearing

between the language, structure, style, or organization provided herein and that of said Exhibit,

this Ordinance shall be in all ways controlling; and

WHEREAS, the ordinance contained herein would benefit and promote the health, safety,

morals and welfare of the citizens of Macon-Bibb County.

NOW, THEREFORE, BE IT ORDAINED by the Macon-Bibb County

Commission and it is hereby so ordained by the authority of the same that:

Section 1.

Chapter 4 of the Inaugural Code of Ordinances for Macon-Bibb County, entitled

“Alcoholic Beverages” is hereby repealed in its entirety and reenacted to provide as follows:

Chapter 4 - ALCOHOLIC BEVERAGES

ARTICLE I. - GENERAL PROVISIONS

Sec. 4-1. - 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:

Alcohol means ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source

or by whatever process produced.

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

or fortified wine.

Brewpub means any bona fide food service establishment in which beer or malt beverages are

manufactured or brewed subject to the barrel production limits and regulations under state law.

Brown bagging is the bringing of alcoholic beverages into business establishments for the

purpose of drinking such alcoholic beverages at any such establishment.

Building code means and includes all building, plumbing and electrical codes and any other

similar technical code of Macon-Bibb County.

Church means any permanent building where persons regularly assemble for religious

worship.

Cocktail room means an establishment licensed to manufacture distilled spirits from

agricultural products other than perishable fruits grown in Georgia, which also offers for sale such

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distilled spirits for consumption on premises, or packaged to go, or both, subject to limits and

regulations under state law.

College means only such state, local government, 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.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than

21 percent alcohol by volume, including, but not limited to, all fortified wines. For purposes of

licensing and regulation, distilled spirits include liquor, spirituous liquor, whiskey and fortified

wine.

Fortified wine means any alcoholic beverage containing more than 21 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, brandy.

License means any license or permit issued under this Chapter, however denominated.

Licensee means any person holding any license or permit issued under this Chapter, however

denominated.

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 fourteen 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.

Malt Beverage Taproom means an establishment licensed to manufacture malt beverages,

which also offers for sale such malt beverages for consumption on premises, or packaged to go, or

both, subject to limits and regulations under state law.

Manufacturer means any maker, producer or bottler of an alcoholic beverage. The term also

means:

(1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any

distilled spirits;

(2) In the case of malt beverages, any brewer; and

(3) In the case of wine, any vintner.

Minor means any person who has not attained the legal age as set by the state for the

purchasing of alcoholic beverages.

Package means a bottle, can, keg, barrel, or other original consumer container.

Premises means the definite closed or partitioned establishment, whether room, shop or

building wherein alcoholic beverages are sold or consumed. Premises shall also include the

sidewalk serving area of sidewalk cafés permitted under the business regulations of this Code and

an outside, open air or patio-type serving area on the private property of an establishment. Such

outside, open air or patio-type serving area must meet all planning and zoning commission

requirements and adjoin or be connected to the main service building in such a manner as to

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prevent the movement of pedestrians or vehicular traffic between the outside serving area and the

main service building.

Private club means a corporation organized and existing under the laws of the state actively

in operation within the corporate limits of Macon-Bibb County, and having regularly paying

monthly, quarterly or semiannual dues paying members.

Private residence means a house or dwelling wherein not less than one nor more than three

families customarily reside and shall not include a mobile home, a boarding house where there are

five or more boarders or roomers, or any residence which has been unoccupied for a period of six

consecutive months immediately prior to the filing of an application. The term “private residence”

shall not include any house or dwelling otherwise falling within the foregoing definition were such

house or dwelling is regularly or customarily used for the purpose of carrying on any trade,

enterprise, or business concern—whether lawful or unlawful, and regardless of whether the same

is formally chartered or registered with any government, or any division thereof, for the transaction

of business. This Chapter shall have no application to the possession or consumption of alcoholic

beverages at any private residence; provided that no alcoholic beverages are being sold or offered

for sale therein, and that any and all guests of such private residence are personally known by at

least one person customarily residing in such private residence, and provided further that all such

guests are present on the premises of such private residence at the invitation of, or by the consent

of, at least one person customarily residing therein.

Retail means retail sales packaged to go and not for consumption on the premises.

Sale means the provision of any quantity of alcoholic beverages in exchange for any

consideration whatsoever. A “sale” need not require the direct exchange of money for alcoholic

beverages. As used in this Chapter, the term “sale” and other forms of such word shall include,

but not be limited to, the following:

(1) the provision of any quantity of alcoholic beverages at any event or on any premises,

whether for or without separate payment, if persons attending such event or entering such

premises are generally charged any amount of money, or are otherwise solicited, asked,

expected, or anticipated to provide any monetary or in-kind donation, to so attend or so

enter;

(2) the provision of any quantity of alcoholic beverages, along with any other items, meals,

goods, or services, for a single or combined price, including the giving of alcoholic

beverages free of charge to any person who purchases any other item, meal, good, or

service;

(3) the provision of any quantity of alcoholic beverages in such circumstances that the

recipient of such alcoholic beverages is not charged a specific amount of money to

purchase such alcoholic beverages, but are solicited, asked, expected, or anticipated to

provide any kind of monetary or in-kind donation or gratuity to any organization or to any

person mixing, serving, or pouring such alcoholic beverages; or

(4) Any other artifice, scheme, method, or arrangement by which the provider of the alcoholic

beverages gains any financial, in-kind, or material benefit, whether from some or all

recipients of alcoholic beverages, while providing such alcoholic beverages to any person

within the scope of a single transaction or series of related transactions.

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(5) As used in this Chapter, the term “sale” shall not include any gratuitous gift or offer of

alcoholic beverages which is made generally available to any member of the public to

whom alcoholic beverages are lawfully able to be sold or served, regardless of whether

such member of the public has made or inquired about making or has been requested to

make any purchase, donation, or other offer of consideration of any kind. By way of

example, and without limiting the foregoing, a retailer or event venue which allows any

person to whom alcoholic beverages may lawfully be sold or served to receive, upon

request, a quantity of alcoholic beverages free of charge, regardless of whether said

recipients have made any purchase or payment or declared any intent to make any

purchase or payment and without the provisioner requesting any purchase or payment be

made shall not be considered to have engaged in any “sale” within the scope of this

Chapter.

School means only such state, local government, church or other schools that teach the

subjects commonly taught in the common schools of this state and shall not include private schools

where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry,

vocational occupations and other special subjects are taught.

Tax commissioner means the tax commissioner of the Macon-Bibb County.

Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other

wholesale dealers, to retail dealers, or to retail consumption dealers.

Wine means any alcoholic beverage containing not more than 21 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 the definition of wine contained in

this Section.

Sec. 4-2. - Familiarity with Chapter.

It shall be the duty of each licensee to maintain a copy of this Chapter on the premises, and to

instruct each employee as to the terms thereof; and each licensee and employee shall at all times

be familiar with this Chapter.

Sec. 4-3. - Responsibility for acts of employees and others.

Licensees are charged with the responsibility hereunder for compliance with this Chapter by

their officers, agents, servants and employees. Licensees are responsible for acts in violation of

this Chapter performed by others if with the knowledge of the licensee.

Sec. 4-4. - Removal of alcoholic beverage served for consumption on the premises prohibited.

No alcoholic beverage sold pursuant to a license for sales of wine and malt beverages for

consumption on the premises, for sales of distilled spirits for consumption on the premises or for

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sales in connection with food service as provided in Section 4-126, may be removed from the

premises on which such alcoholic beverage is sold.

Secs. 4-5 – 4-20. - Reserved.

ARTICLE II. - LICENSING

Sec. 4-21. - Required.

No alcoholic beverages shall be sold or manufactured in Macon-Bibb County except under a

license issued pursuant to this Article by the commission.

Sec. 4-22. - License categories.

(a)

(1) For all licenses issued under this Chapter with an effective date beginning on or after

January 1, 2019, and ending on or before December 31, 2019, the alcoholic beverage

licenses which may be issued under this Chapter, and the fees for each respective annual

license, are:

(A) Manufacturer of malt beverages, $1,800.00 per year;

(B) Manufacturer of wine, $1,400.00 per year;

(D) Wholesaler of malt beverages, $1,000.00 per year;

(E) Wholesaler of wine, $700.00 per year;

(F) Wholesaler of distilled spirits, $3,600.00 per year;

(G) Wholesaler of malt beverages, wine, and distilled spirits by a wholesaler whose

principal place of business is located outside of Macon-Bibb County, $100.00 per

year;

(H) Retail sale of malt beverages for consumption on premises, $600.00 per year;

(I) Retail sale of malt beverages by the package to go, $600.00 per year;

(J) Retail sale of wine for consumption on premises, $500.00 per year;

(K) Retail sale of wine by the package to go, $500.00 per year;

(L) Retail sale of distilled spirits for consumption on premises, $2,500.00 per year;

(M) Retail sale of distilled spirits by the package to go, $2,500.00 per year;

(N) Alcoholic beverage caterer (includes malt beverages, wine, and distilled spirits),

$500.00 per year;

(O) Brewpub, $1,700.00 per year;

(P) Malt beverage taproom, $1,700.00 per year;

(Q) Cocktail room, $1,700.00 per year;

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(R) Brown bagging permit for malt beverages, wine, or distilled spirits, or any

combination thereof, $300.00 per year;

(S) Special event permit, $50.00 per day of the event;

(T) Special event permit where applicant is a non-profit organization; $25.00 per day of

the event;

(U) Wine-tasting permit, $300.00 per year;

(V) Sunday sales permit; $300.00 per year;

(W) Home brew special event permit; $50.00 per day of the event;

(X) Temporary alcohol license; $100.00 for duration of temporary license; and

(Y) Alcohol Handler’s license; $25.00 per year.

(2) For all licenses issued under this Chapter with an effective date beginning on or after

January 1, 2020, or including any effective date on or after January 1, 2020, the alcoholic

beverage licenses which may be issued under this Chapter, and the fees for each respective

annual license, are:

(A) Manufacturer of malt beverages, $2,500.00 per year;

(B) Manufacturer of wine, $1,700.00 per year;

(D) Wholesaler of malt beverages, $1,000.00 per year;

(E) Wholesaler of wine, $800.00 per year;

(F) Wholesaler of distilled spirits, $3,600.00 per year;

(G) Wholesaler of malt beverages, wine, and distilled spirits by a wholesaler whose

principal place of business is located outside of Macon-Bibb County, $100.00 per

year;

(H) Retail sale of malt beverages for consumption on premises, $800.00 per year;

(I) Retail sale of malt beverages by the package to go, $800.00 per year;

(J) Retail sale of wine for consumption on premises, $700.00 per year;

(K) Retail sale of wine by the package to go, $700.00 per year;

(L) Retail sale of distilled spirits for consumption on premises, $2,900.00 per year;

(M) Retail sale of distilled spirits by the package to go, $2,900.00 per year;

(N) Alcoholic beverage caterer (includes malt beverages, wine, and distilled spirits),

$600.00 per year;

(O) Brewpub, $2,500.00 per year;

(P) Malt beverage taproom, $2,500.00 per year;

(Q) Cocktail room, $2,500.00 per year;

(R) Brown bagging permit for malt beverages, wine, or distilled spirits, or any

combination thereof, $300.00 per year;

(S) Special event permit, $50.00 per day of the event;

(T) Special event permit where applicant is a non-profit organization; $25.00 per day of

the event;

(U) Wine-tasting permit, $500.00 per year;

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(V) Sunday sales permit; $300.00 per year;

(W) Home brew special event permit; $50.00 per day of the event;

(X) Temporary alcohol license; $100.00 for duration of temporary license; and

(Y) Alcohol Handler’s license; $25.00 per year.

(b) The commission of Macon-Bibb County or its designee will act upon each application

separately.

any consumption on the premises license for the same location, except for holders of a cocktail

room license, or as otherwise expressly authorized under Georgia law and under the

regulations of the Georgia Department of Revenue.

(d) All businesses issued licenses under this Chapter must, within ninety (90) days after the

issuance of a license, open for business. Failure to open for business shall constitute a

forfeiture and cancellation of the issued licenses and no refund of license fees or business

taxes shall be made. Any applicant unable to comply with the time limit of this Section may

make written request to the mayor for an extension of time not to exceed ninety (90) days, and

the mayor at his discretion may grant or deny the request.

(e) Brown bagging shall be unlawful at all business establishments that do not obtain a brown

bagging permit as provided for in this Chapter.

(f) Any establishment holding a license for consumption-off-the-premises at catered functions

shall purchase an event permit for each event where the licensee intends to distribute or sell

alcoholic beverages by the drink, off the premises, and in connection with an authorized

catered function. Provided however, the issuance of an event permit shall in no way be

considered a substitute for the consent of the owner or operator of the off-premises location

to distribute or sell alcoholic beverages at the off-premises location. An event permit is limited

in scope to the category or categories of alcohol for which the establishment is already

licensed.

Sec. 4-23. - Applications for new license.

(a) The provisions of this Code on general business licensing shall apply in addition to the

provisions of this Section.

(b)

(1) All applications shall be filed in the name of an individual, not an entity. Only one

individual shall be the applicant on any application for a license to be issued under this

Chapter. Any individual applying for a license pursuant to this Chapter shall identify on

such application the name, entity type, and location of any business entity that will be

operating pursuant to such license, if granted. No more than one business entity may

operate pursuant to any individual license issued under this Chapter, and no business entity

may operate in more than one business location pursuant to any individual license issued

under this Chapter. An application may be completed by someone other than the applicant,

but must be signed and sworn to by the applicant in the presence of a notary public.

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(2) The applicant for any application shall be either the person serving as agent on the

application, as provided in Section 4-24 of this Chapter, or one of the following:

(A) If the entity that will be operating pursuant to such license, if granted, is a sole

proprietorship, then the sole proprietor;

(B) If the entity that will be operating pursuant to such license, if granted, is a general

partnership, limited partnership, limited liability partnership, or limited liability limited

partnership, then a general partner;

liability company, then a managing member, if any, or a member with a twenty-five

percent or greater ownership interest, if any, or one member from among those

members with the greatest ownership interest if no individual member holds a twenty-

five percent or greater ownership interest in the entity;

(D) If the entity that will be operating pursuant to such license, if granted, is a privately-

held corporation, then any corporate officer or shareholder holding twenty-five percent

or greater ownership interest; and

(E) If the entity that will be operating pursuant to such license, if granted, is a publicly-

traded company, or the entity that will be operating pursuant to such license, if granted,

does not otherwise fall under any of the categories described in subparagraphs

(b)(2)(A) through (b)(2)(D) of this Section, then the applicant must be the agent

identified pursuant to Section 4-24 of this Chapter.

(F) For purposes of this Section, the designation of any entity as being a non-profit or not

for profit entity shall not affect the application requirements on any license application.

(G) For purposes of this Section, where a legal entity serves as a partner, shareholder,

member, or other owner (“Owning Entity”) of an entity that will be operating pursuant

to a license applied for under this Chapter, if such license is granted, (“Owned Entity”)

then any natural person holding any direct or indirect ownership interest in the Owning

Entity shall be considered to have an ownership interest in the Owned Entity of the

same type held by the Owning Entity, and in a percentage equal to the product of the

percentages of ownership of all intervening entities in which such natural person has

any ownership interest. By way of example, if Person A applies for a license on behalf

of Z, LLC, and Person B owns fifty percent of X, Inc.; and X, Inc. holds a seventy-five

percent general partnership interest in Y, L.P., and Y, L.P. holds a thirty percent

managing membership interest in Z, LLC, then Person B would be considered, for

purposes of this Section, to be a managing member of Z, LLC, with an interest equal

to the product of fifty percent, times seventy-five percent, times thirty percent, or

eleven and one-quarter percent total.

(3)

(i) For all applications for licenses to be issued under this Chapter with an effective

date beginning on or after January 1, 2019, and ending on or before December 31,

2019, such application shall be accompanied by a $300.00 application fee, as well

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as all applicable license fees, payable by certified check, or by credit or debit card.

Upon approval, and prior to the issuance of any license, all applicable fees and

business or occupation taxes provided for in this Code for the applicant shall be

paid in full.

(ii) For all applications for licenses to be issued under this Chapter which, if approved,

would be effective for any period of time on or after January 1, 2020, such

application shall be accompanied by a $400.00 application fee, as well as all

applicable license fees, payable by certified check, or by credit or debit card. Upon

approval, and prior to the issuance of any license, all applicable fees and business

or occupation taxes provided for in this Code for the applicant shall be paid in full.

(4) No application fee shall be charged to any applicant that is applying exclusively for one or

more of the following licenses: alcoholic beverage caterer; special event permit; wine-

tasting permit; Sunday sales permit; home brew special event permit; temporary alcohol

license; or alcohol handler’s license.

(5) License fees for new licenses authorizing the manufacture, wholesale, or retail sale of any

alcoholic beverages; or for brewpub, malt beverage taproom, cocktail room, alcoholic

beverage caterer, wine-tasting permit, or Sunday sales permit licenses, shall be prorated, at

an amount equal to one-twelfth of the annual license fee for each complete calendar month

remaining in the calendar year in which an application is submitted. This prorated license

fee shall not include any charge for the calendar month in which a license application is

submitted.

include photostatic or other copies of all state and local licenses allowing for the operation of

the applicant’s business or relating to the sale of alcoholic beverages.

(d) The application shall be made on a form provided by the County, and shall be accompanied

by the following:

(1) Proof of planning and zoning compliance;

(2) A copy of the business information record, as maintained by the Georgia Secretary of

State’s Corporations Division, which is no more than ten days old, showing that the

applicant is registered and authorized to transact business in the State of Georgia, and that

such registration is current and in good standing; or, an affidavit identifying the type of

business entity applying for a license under this Chapter and certifying that the entity is

of a type that is not required to register with the Georgia Secretary of State in order to

transact business in the State of Georgia;

(3) A current lease, property deed, management agreement, or other document demonstrating

a right of possession to the property upon which the premises are located;

(4) An unexpired identification card issued by any U.S. state or the United States

government, bearing a current photograph of the applicant;

(5) Fingerprints of the applicant, the agent, and the following individuals, to be taken by the

Sheriff's Office; along with separate fees applicable for the background check of each

person required under this subparagraph to be fingerprinted;

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(A) If the entity that will be operating pursuant to such license, if granted, is a sole

proprietorship, then the sole proprietor;

(B) If the entity that will be operating pursuant to such license, if granted, is a general

partnership, limited partnership, limited liability partnership, or limited liability

limited partnership, then all general partners holding a twenty-five percent or greater

share of all outstanding general partnership interests, if any, and all limited partners

holding a twenty-five percent or greater partnership interest, if any;

liability company, then all managing members, if any, and all members holding a

twenty-five percent or greater membership interest, if any;

(D) If the entity that will be operating pursuant to such license, if granted, is a privately-

held corporation, then the three highest-ranking corporate officers, and all

shareholders holding a twenty-five percent or greater ownership interest, if any; and

(E) If the entity that will be operating pursuant to such license, if granted, is a publicly-

traded company, or if the entity that will be operating pursuant to such license, if

granted, does not otherwise fall under any of the categories described in

subparagraphs (d)(5)(A) through (d)(5)(D) of this Section, then only the applicant and

the agent.

(6) An ownership disclosure form for any entity that will be operating pursuant to any license

applied for, if granted. Such disclosure form must identify the type of entity that would

operate pursuant to any license applied for, if granted, and identify the following

individuals, including their names, addresses, and telephone numbers:

(A) If the entity that will be operating pursuant to such license, if granted, is a sole

proprietorship, then the sole proprietor;

(B) If the entity that will be operating pursuant to such license, if granted, is a general

partnership, limited partnership, limited liability partnership, or limited liability

limited partnership, then all general partners holding a twenty-five percent or greater

share of all outstanding general partnership interests, if any, and all limited partners

holding a twenty-five percent or greater partnership interest, if any;

liability company, then all managing members, if any, and all members holding a

twenty-five percent or greater membership interest, if any;

(D) If the entity that will be operating pursuant to such license, if granted, is a privately-

held corporation, then the three highest-ranking corporate officers, and all

shareholders holding a twenty-five percent or greater ownership interest, if any; and

(E) If the entity that will be operating pursuant to such license, if granted, is a publicly-

traded company, then the stock symbol for the company, the name of at least one

listing exchange where the company’s stock is traded, and the three highest-ranking

corporate officers.

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(F) If the entity that will be operating pursuant to such license, if granted, does not

otherwise fall under any of the categories described in subparagraphs (d)(6)(A)

through (d)(6)(E) of this Section, then the names of the three persons with the greatest

operational authority over the entity, or the names of all such persons if fewer than

three exist.

(7) Proof that all persons who, upon issuance of the requested license, would be Alcohol

Handlers, as defined in Sec. 4-501(b) or (c) possess valid licenses pursuant to Article XII

of this Chapter;

(8) An affidavit from the engineering department stating that the establishment complies with

the distance requirements contained in this Chapter. The engineering department will

charge a fee of one hundred fifty dollars ($150.00) for this affidavit;

(9) If the entity that will be operating pursuant to any license being applied for under this

Chapter is a non-profit entity, then such entity may submit documentation as part of the

license application, from either the Internal Revenue Service, or the State of Georgia,

showing that such entity is authorized to operate as a non-profit entity. If such records

are submitted, and if the records showing right of possession of the premises, as required

under subparagraph (d)(3) of this Section indicate that the same non-profit entity has a

right of possession to the premises for which a license is sought, then the application and

license fees for such premises shall be reduced by half for both the initial license and any

renewal thereof. Where applicable, such reduced license fees shall also be subject to

prorating under subparagraph (b)(5) of this Section.

(10) An affidavit from the publisher of the legal organ of Macon-Bibb County showing that

the applicant has caused to be published in such legal organ, once a week for two (2)

consecutive weeks, a notice showing the name of the applicant (or of the applicant is a

legal entity, the applicant’s agent), the name and trade name of the business entity (if any)

for which the license is sought, the location for which the license is sought, the type of

license applied for, and inviting the public to comment on the proposed license, in writing

by submission to the department of the Macon-Bibb County government charged with

receiving license applications under this Chapter, within fourteen days of the first date on

which said advertisement is scheduled to be published, and which date shall be included

in said advertisement.

(e) The application shall also contain a form of oath providing that the information disclosed in

the application is true and correct, and providing further that the applicant will abide by,

observe and conduct his other business according to the rules and regulations prescribed by

Macon-Bibb County, the acts of the general assembly, and all other applicable federal, state,

and local laws. The oath shall be taken by the applicant and the agent in charge of the

establishment if different from or additional to the applicant.

(f) Any false statement or material misrepresentation in any application hereunder shall be

grounds for the revocation of any license granted hereunder.

(g) A change of location shall be allowed for any license under this Chapter provided the licensee

files with the appropriate department the following on the new location:

(1) Proof of planning and zoning compliance;

Page 12 of 73

(2) Reserved

(3) A current lease or property deed demonstrating a right of possession to the property upon

which the new premises are located;

(4) An affidavit from the engineering department stating that the establishment complies with

the distance requirements contained in this Chapter. The engineering department will

charge a fee of one hundred fifty dollars ($150.00) for this affidavit;

(5) A location transfer fee of $400.00; and

(6) An affidavit from the publisher of the legal organ of Macon-Bibb County showing that

the licensee has caused to be published in such legal organ, once a week for two (2)

consecutive weeks, a notice showing the name and address of the licensee, the location

for which the license is sought, the type of license held, and inviting the public to

comment on the proposed license, in writing by submission to the department of the

Macon-Bibb County government charged with receiving license applications under this

Chapter, within fourteen days of the first date on which said advertisement is scheduled

to be published, and which date shall be included in said advertisement.

(h) Any change of location allowed under this Section may be denied on the same basis as for an

application or license under this Chapter.

Sec. 4-24. - Agents.

(a) All applicants for licenses under this Chapter shall name one person as the agent of the

licensee, including the name, telephone number, address, and electronic mail address thereof,

who shall be responsible for any matter relating to such license. The application shall give the

mailing address of the agent and the mailing to such agent at such address of any notice

required to be given under this Chapter or any other law shall be sufficient notice to a licensee.

(b) Reserved.

(c)

(1) Any person named as agent under this Section must be employed and regularly scheduled

to work at the licensed location a minimum of 30 hours per week; and must be an employee

with directorial authority over the operations of the enterprise, including (1) authority to hire

and fire staff or oversee the process for making personnel decisions; (2) responsibility to train

staff or oversee staff training, and to enforce staff policy compliance requirements; (3)

authority to set and revise local business policies and practices, or to oversee the

implementation or revision of local business policies and practices; and (4) authority to

purchase and receive alcoholic beverage inventory for the enterprise, or to oversee alcoholic

beverage inventory purchasing;

(2) Any person named as agent under this Section for any person or entity licensed under this

Chapter or applying for any license under this Chapter shall be personally and independently

responsible for ensuring that all statements submitted on any license application or renewal are

true and correct, and for ensuring that all state and local laws governing the commercial

manufacture, distribution, and sale of alcoholic beverages are followed.

Page 13 of 73

(d)

(1) If any person or entity licensed under this Chapter, or any employee or other person acting

at the direction thereof, shall be cited or charged with any violation of this Code relating to

the commercial manufacture, distribution, or sale of alcoholic beverages, then the agent of

such person or entity may also be charged with the offense of serving as an agent of a

licensee in violation of the same provision of this Code.

(2) It shall be an element of the offense of serving as an agent of a licensee in violation of this

Chapter that the principal plead guilty or nolo contendere, or be convicted of the offense

in question before the agent may be convicted. It shall also be an element of the offense

that the agent in question directed, aided, participated in, ratified, or had knowledge of the

actions underlying said violation; or that the agent in question had knowledge of the

commission of a prior, similar violation committed by the same person, licensed entity, or

employee within the previous calendar year. The maximum penalty for such offense shall

be same as the maximum penalty of that offense for which the principal is convicted, but

shall not include any term of incarceration, and may exceed the penalty actually imposed

upon the principal.

(e) If at any time while an application for a license is pending, or after any license has been issued

under this Chapter, a person named as agent under this Section becomes unwilling or unable

to serve as agent for any reason (including, without limitation, resignation, separation, death,

disability, or incapacity), the licensee shall have ten business days in which to appoint a new

agent, and to provide in writing all information required of agents as part of an application for

a new license, including, without limitation, the name, address, and telephone number of said

agent. The appointment of a new agent shall be made by filing a written notice with the

Department of Business Development Services, or its successor department, on an approved

form. Until written notice is properly filed as provided in this subparagraph, identifying the

new agent, the mailing of any notice required to be given under this Chapter to the most recent

agent of record shall be sufficient notice to a licensee. The new agent shall also be

fingerprinted by the Bibb County Sheriff’s Office, and shall be responsible for paying any

fees associated therewith. The failure to appoint a new agent within ten business days of the

date on which the previous agent actually stopped serving in the capacity as agent shall be

grounds for revocation of any licenses issued under this Chapter.

Sec. 4-25. - Reserved

Sec. 4-26. - Issuance of license to persons with prior convictions prohibited.

No license under this Chapter shall be issued, renewed or transferred to any person required

to be fingerprinted under this Chapter, if such person shall have been convicted or shall have taken

a plea of nolo contendere within ten (10) years immediately prior to the filing of the application

for any felony or conviction of two (2) or more misdemeanors of any state or of the United States

or any local ordinance except traffic violations within two (2) years. The term "conviction" shall

include an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond in

part or in whole when charged with a crime.

Page 14 of 73

Sec. 4-27. - Denial of license application; issuance.

(a) Macon-Bibb County may deny a license under this Chapter on any of the following grounds:

(1) Failure to meet state requirements for state license;

(2) Failure to pay required fees and taxes;

(3) Failure to provide required valid information, documents and the like;

(4) False or incomplete information in the application or attached documents;

(5) Reserved

(6) Reserved

(7) Prior convictions as provided in this Chapter; or

(8) Failure to meet any other requirements in this Chapter for a license of the class applied

for.

(b) Otherwise, Macon-Bibb County may issue any license provided for in this Article.

Sec. 4-28. - Regulations.

All licenses issued under this Chapter shall be subject to the rules and regulations set forth in

an act of the general assembly known as the Revenue Tax Act to Legalize and Control Alcoholic

Beverages and Liquors (approved February 3, 1938) and those prescribed by the state department

of revenue. In addition, all businesses, the applicant for the license, the agent in charge of the

business, and the owner thereof shall observe and obey the following regulations prescribed by the

mayor and commission as provided in this Article.

Sec. 4-29. - Open to inspection.

Any establishment holding a license issued under this Chapter shall at all times, during the

period allowable by law for operation of the business, be open to inspection by any officer of the

Office of the Sheriff or any license inspector of Macon-Bibb County or to any person designated

by the Sheriff or the Mayor. In addition, if the premises are being used after hours by employees

or the owners or their agents, the premises may be inspected at this time by the designated persons

in this Section.

Sec. 4-30. - Open containers in unlicensed premises prohibited.

It shall be unlawful for any establishment or any person employed by such establishment to

permit any bottle or other container of alcoholic beverages to be opened or consumed by any

person on the premises upon which the place of business is conducted and licensed under the

Chapter unless the establishment is licensed for consumption-on-the-premises of that particular

classification of alcoholic beverage or has obtained a brown bagging permit under this Chapter.

Secs. 4-31—4-34. - Reserved.

Page 15 of 73

Sec. 4-35. - Character.

No person shall be granted an alcoholic beverage license unless the commission or its designee

shall find that no such persons required to be fingerprinted under this Chapter has, within ten years

immediately prior to the filing of the application, entered a plea of guilty, a plea of nolo contendere,

or shall have suffered any conviction of any crime involving moral turpitude or involving any

violation of the alcohol control laws of Macon-Bibb County, the State of Georgia, or the United

States. Should any person required to be fingerprinted under this Chapter, after a license has been

granted to such person hereunder, be convicted or plead guilty or nolo contendere to a crime

involving moral turpitude or to a violation of any of the laws relating to alcohol control, the license

issued to such licensee shall be subject to revocation or other Adverse Action under the procedures

set out in this Chapter.

Sec. 4-36. - Other criteria declared to be in the public interest.

In determining whether or not any license applied for hereunder shall be granted, in addition

to all other provisions of this Article, the following shall be considered in the public interest and

welfare:

(1) The applicant's reputation, character, and mental and physical capacity to conduct

business.

(2) Whether or not applicant has violated any law or regulation relating to any alcoholic

beverage business for which he may have previously held a license or in which he may

have had an interest.

(3) Any manner in which the applicant conducted the alcoholic beverage business under any

prior license.

(4) The distance of the premises on which the license is to be used from other premises or

which a similar license has already been granted. In this connection, it is declared to be

the policy of the commission that no license for the sale of distilled spirits by the package,

as authorized by this Article, shall be granted to any applicant for any location which is

within 1,500 feet of another location licensed for the sale of distilled spirits by the package

under the provisions of this Article, provided however that renewals may be granted to

any licensed establishments that were operating immediately prior to the commencement

of the restructured government of Macon-Bibb County that are within 1,500 feet of

another such location solely by virtue of changes in local government jurisdiction. The

distance prescribed in this subsection shall be measured by the shortest line possible from

the nearest point on the building housing the place of business for which the application

is sought to the nearest point of the building housing the previously licensed place of

business.

(5) Whether or not the applicant has previously had a license to sell alcoholic beverages of

any description revoked. No person whose license has previously been revoked shall be

issued a license except as provided in subsection 4-57(a).

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(6) The extent of the financial interest of the applicant in any wholesale alcoholic beverage

business. It is declared to be the policy of the commission that no person who has any

financial interest in any wholesale alcoholic beverage business shall also have any

financial interest in any retail alcoholic beverage business, and no financial aid or

assistance to any licensee hereunder from any wholesaler or manufacturer of alcoholic

beverages shall be permitted, except as expressly authorized under Georgia law.

(7) The suitability of the premises for the conduct of an alcoholic beverage business,

including its location, highway traffic problems and the difficulty or absence thereof of

policing by law enforcement agencies.

(8) To the extent known by, discovered by, or revealed to the Bibb County Sheriff’s Office or

the Macon-Bibb County government, the occurrence of any event or events during the

preceding calendar year, at or within 100 yards of the location for which a license is sought,

whether related to each other or unrelated, and regardless of whether the events result in any

criminal convictions, or the commission of any act or acts in any place by the licensee, its

agent, or its owners or managers, which, in the aggregate, would pose any unreasonable risk

to the public, upon consideration of the following:

(A) Whether any such events constitute a crime under the laws of the United States, the

State of Georgia, or the Macon-Bibb County Code of Ordinances;

(B) The fact or severity of any personal injuries or loss of life suffered in any such

event, as well as the number of people injured or killed therein;

(i) the use or brandishing of any firearm or other weapon;

(ii) the use, purchase, sale, or distribution of Controlled Substances, in violation of

Chapter 13 of Title 16 of the Official Code of Georgia Annotated;

(iii) gang activity;

(iv) the commission of any Sexual Offenses, in violation of Chapter 6 of Title 16 of the

Official Code of Georgia Annotated; or

(v) unlawful Gambling, in violation of Article 2 of Chapter 12 or Title 16 of the Official

Code of Georgia Annotated;

(vi) the violation of any laws of the United States, the State of Georgia, or the Macon-

Bibb County Code of Ordinances relating to the manufacture, distribution, sale, service, or

consumption of alcohol; and

(D) The degree of knowledge, complicity, or involvement, and the actions of the

applicant; or of the applicant’s owners, agents, employees, customers, licensees, invitees, or

trespassers, with respect to such events.

(E) Whether any such events, in isolation or in the aggregate, required an unusual

commitment of police resources, as compared to other licensees similarly situated, including

frequent police reports, or the dedication of an unusual quantity of public policing resources

or effort to maintaining good order and security in the area of a licensed premises.

(9) Reserved.

Page 17 of 73

(10) The effect that a license has, or is reasonably expected to have, on the values of nearby

properties, or the uses thereof.

Sec. 4-37. - Duty to report changes.

Whenever there shall be a change in any of the facts reported to the commission or its designee

in the application for a license after such license has been granted, it shall be the duty of the

licensee, within ten business days after such change, to report the same to the Department of

Business Development Services, or its successor department, in writing. If the change concerns

any change to the location at which alcoholic beverages are sold pursuant to any license issued

under this Chapter; the identity of the agent; the identity of the licensee; or the addition of any

categories of activities regulated under this Chapter which are to be conducted at the licensed

premises, then a new license application shall instead be submitted reflecting the changes. If the

change does not concern any change to the location at which alcoholic beverages are sold pursuant

to any license issued under this Chapter; the identity of the agent; the identity of the licensee; or

the addition of any categories of activities regulated under this Chapter which are to be conducted

at the licensed premises, then any , , requirements relating to advertising the application in the

legal organ of the county or to paying any application fee or annual license fee for any license type

already held shall be waived.

Sec. 4-38. - Compliance with laws.

(a) In addition to the provisions of this Article, licensees are also charged with responsibility for

adhering to any other provisions of this Code, as well as the statutes and laws of the state and

of the United States relating to the operation of their businesses.

(b) All applicants for licenses (in the case of pending applications) and all licensees (in the case

of issued licenses) shall forthwith report to the commission or its designee any allegations of

a violation of any state law or regulation or local ordinance or regulation when such allegations

are made by the state department of revenue, a law enforcement officer, tax commissioner or

a prosecuting attorney in this state which charges the applicant or the licensee, or any

employee or other person acting under the direction thereof, as the case may be, with the

violation of any law or regulation which could or would, in the event of a finding of guilt,

result in a revocation of such license or a denial of an application for such license. Similarly,

an applicant or a licensee shall report to the commission or its designee all findings of such

violations by any administrative agency, the tax commissioner or court which under this

Chapter could or would result in a revocation of a license. Failure to make reports required by

this Section shall itself be grounds for the taking of Adverse Action, up to any including

revocation of any license or the denial of any application for a license under this Chapter, as

the Commission or its designee shall determine.

Sec. 4-39. - Applicant subject to the terms of Article.

An applicant by filing an application for an alcoholic beverage license submits to all of the

terms of this Article, and agrees that he or she will furnish such evidence, oral or written, as the

commission or its designee shall find to be reasonably necessary to the determination of the

Page 18 of 73

application, and such applicant further agrees by the filing of such application that if a license is

issued thereon, he will comply with the terms of this Article.

Sec. 4-40. - Security cameras.

(a) Any establishment licensed to sell any alcoholic beverage, packaged to go, is hereby required

to install security cameras, which must, at a minimum, be of sufficient quantity, quality, and

positioning so as to capture the face and clothing of persons entering into said establishment

through any public entrance thereof; or making any purchase from said establishment.

(b) Such cameras meeting the requirements of this Section must be capable of producing a

retrievable image on film or tape that can be made a permanent record and that can be enlarged

through projection or other means. Cameras meeting the requirements of this Section shall be

maintained in proper working order at all times and shall be subject to periodic inspection by

the Sheriff.

Secs. 4-41—4-50. - Reserved.

Sec. 4-51. - Investigations.

The commission or its designee shall have the right to make such inquiry or investigation as

it may find to be reasonably necessary to determine compliance with this Chapter. Such

investigation may consist, among other actions, of calling licensees for examination under oath,

obtaining evidence under oath from other persons; the procurement of documents and records

including records of the licensee, and inspection and examination of records and documents from

whatever source obtainable.

Sec. 4-52-4-55. - Reserved.

Sec. 4-56. - Duration and renewal of license; transfers.

(a) All licenses issued under this Chapter shall expire at 11:59:59 P.M. on December 31

of each

calendar year, unless otherwise expressly stated. There shall be no “grace period” to allow

for the operation of any licensee under a license for a prior year while awaiting the issuance

of a renewal license for the succeeding year, except as provided in this Section. No licensee

shall have any vested right to the renewal of any local license.

(b) No licenses under this Chapter may be renewed if the licensee would be denied a new license

under this Chapter.

the succeeding calendar year beginning September 1

of any calendar year. Unlicensed

applicants so applying shall specify whether they are seeking licensure for the current or

succeeding calendar year, or both, and may apply for all licenses so sought for both the current

and succeeding calendar years by submitting a single application, and paying all fees as though

a license application and renewal application had been separately submitted. In the event that

a licensee submits a complete license renewal application for a given location, including all

Page 19 of 73

fees associated therewith, and such application is accepted as complete, by November 1

any calendar year, then the expiration of that licensee’s licenses issued under this Chapter for

such location shall be tolled until the licensee’s renewal application is finally adjudicated.

Upon the expiration of any alcoholic beverage license by its terms, licensees shall be required

to apply as herein provided for new licenses; provided, however, that if sixty or fewer days

have passed since the licensee’s most recent license expired, then the requirement to advertise

under the terms of Section 4-23(6), is waived.

(d) Alcoholic beverage licenses issued under this Article shall not be transferable or assignable

to new owners, but where there is a change in the ownership of a business, the new owner or

owners shall file an application as for a new license as provided by this Article. Changes of

business interests from one party at interest named in the original application to another party

at interest named in the original application and changes from one employee or manager of a

private club to his successor shall not be deemed a transfer of a license. In each instance,

however, the licensee shall notify the tax commissioner in writing of such change and make a

complete disclosure of all of the facts in connection therewith, such notification to be made

within three days from the date of such change.

(e) Notwithstanding the other provisions in this Section, licenses issued under this Chapter on

an annual basis for the 2018 calendar year shall expire on April 1, 2019, at 11:59:59 P.M. In the

event that a licensee holding an annual license for the 2018 calendar year submits a complete

license renewal application for a given location, including all fees associated therewith, and such

application is accepted as complete, by April 1, 2019, then the expiration of that licensee’s licenses

issued under this Chapter for such location shall be tolled until the licensee’s renewal application

is finally adjudicated.

Sec. 4-57. - No new license to be issued after revocation.

(a) When a license has been revoked under the provisions of this Chapter, no application for a

new alcoholic beverage license for the same location will be received for a period of 12

months and no application for a new license from the licensee involved shall be received for

a period of 24 months.

(b) It shall be unlawful for any person to have or permit the possession of an opened container

containing alcoholic beverages of any sort on the premises of a licensee whose license to sell

alcoholic beverages has been revoked. The phrase "opened container" shall include not only

containers which have no caps, but those containers where the same has been uncapped

whether or not the cap has been replaced.

Secs. 4-58. – Issuance of temporary license while application pending.

At the time of application, or any time prior to the final adjudication of any application submitted

under this Chapter, any applicant may obtain a temporary license for the manufacture or sale of

alcoholic beverages pursuant to the terms of this Section.

(a) Any person or entity completing the following may be issued a temporary alcohol license:

(1) The person or entity must have submitted a complete application for one or more annual

alcohol licenses, pursuant to this Chapter, and paid all fees therefor;

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(2) The applicant or its agent must successfully complete a fingerprint background check,

SAVE Verification, and meet all criminal history requirements imposed by this

Chapter;

(3) The location to be licensed must be approved by the Macon-Bibb County Engineer for

compliance with all distance requirements imposed in this Chapter; the Macon-Bibb

County Planning and Zoning Commission for zoning and usage approval; the location

must have passed all applicable building and fire inspections; and the location must

hold a valid occupation tax certificate, as provided in this Code;

(4) The applicant must submit a written request for a temporary alcohol license, and pay

an additional, non-refundable fee therefor; and

(5) No temporary license will issue to any applicant if the applicant, the agent, or any

business operating at the location to be licensed has been the subject of any Adverse

Action against any license previously issued under this Chapter, within the past two

years.

(b) Upon completing all requirements set out in paragraph (a) of this Section, the applicant

shall be entitled to immediately receive a temporary alcohol license, which license shall

allow the applicant to conduct all business activities which the applicant would be

authorized to conduct in the event that the pending application is granted in full, and

without conditions. The department issuing the temporary license shall notify the Sheriff’s

Office of the fact of issuance at the time of issuance.

marked as such.

(d) All temporary licenses issued under this Section shall expire by operation of law on the

day following the date on which the corresponding application for annual licensure is

finally adjudicated. For purposes of this code Section, an application is “finally

adjudicated” on the day that the annual license is actually issued, or, if the corresponding

application for annual licensure is denied in part or in full, upon the expiration of any period

allowed by law to obtain review by a superior judiciary. Each temporary licensee is under

a duty to know at all times whether its license application has been finally adjudicated, and

it shall be considered a violation of this Section for any temporary licensee to operate under

an expired temporary license. In the event that a temporary license is not finally

adjudicated until after the time that the license applied for, if issued, would have expired,

then the license application shall instead be construed as an application for a license

effective during the calendar year in which the application is finally adjudicated.

(e) The issuance of a temporary license shall have no effect on the consideration of a

corresponding annual license application, and shall not be construed to create any

expectation that an annual license will be issued.

(f) All licensees operating pursuant to a temporary license are subject to all rules and

regulations set out in this Code in the same manner and to the same extent as licensees

operating pursuant to an annual license. Any events occurring prior to the final issuance

of an annual alcohol license may be considered as evidence in support of taking Adverse

Action on the licensee’s pending annual license application, including, but not limited to,

any adverse change in conditions at or near the licensed premises; or any citation for

violations of any ordinance or statute relating to the sales or consumption of alcohol on a

premises, or the operations of a licensed premises.

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(g) Temporary licensees shall have no vested interest in their temporary licenses. For any

licensee operating pursuant to a temporary license issued under this Section, if such

licensee, or such licensee’s agent or employee, is cited or charged with violating any statute

or ordinance relating to the manufacture, sales, service, or consumption of alcoholic

beverages, then all temporary licenses issued pursuant to this Section shall be immediately

and summarily revoked at the time of citation or charging, and such licensee shall

immediately thereafter suspend all business activities which were previously being

conducted pursuant to such temporary license.

(h) If, at any point in the process of evaluating the annual license application that corresponds

with a temporary license issued pursuant to this subsection, it becomes apparent that the

applicant likely does not meet one or more of the material requirements for annual

licensure, then the temporary license shall be subject to immediate and summary

revocation, without advanced notice or additional process.

Secs. 4-59. – Licensure of Golf Pro at Bowden Golf Course.

Notwithstanding any other provisions of this Code, any person serving as a Golf Pro at Bowden

Golf Course, under a contract with Macon-Bibb County for the provision of concessionaire

services at the Bowden Golf Course Pro Shop shall be entitled to apply for a license for the sale of

malt beverages, wine, and distilled spirits for consumption on premises, as well as a brown bagging

permit. For purposes of this Chapter, any license issued pursuant to this Section shall be valid for

the entire premises known and operated as “Bowden Golf Course.” This Section shall not operate

to relieve any person applying for a license or licensed pursuant to this Section from any other

requirements or applicable laws or ordinances relating to the sale or service of alcoholic beverages.

Sec. 4-60—4-70. - Reserved.

ARTICLE III. - ADULT ENTERTAINMENT REGULATIONS

Sec. 4-71. - Obscene, lewd or indecent entertainment on premises where alcoholic beverages are

offered for sale.

(a) Findings; public purpose. Based on the demonstrated experience of other urban counties and

municipalities, including but not limited to Atlanta and Fulton County, Georgia; DeKalb

County, Georgia; Orange County, Florida; Indianapolis, Indiana; Los Angeles, California;

Beaumont, Texas; Phoenix, Arizona; St. Paul, Minnesota; and Austin, Texas, which

experience is found to be relevant to the problems that face Macon-Bibb County, Georgia and

based on the documentary evidence and oral testimony presented at the public safety

committee meeting of the precursor governments to Macon-Bibb County by citizens, a

number of whom are familiar with conditions resulting in other localities, and experts,

commission takes note of the notorious and self-evident conditions and secondary effects

attendant to the commercial exploitation of human sexuality, which do not vary greatly among

the various communities within our country, particularly the problems of crime, blight, and

deterioration which are brought about by alcohol and live nudity.

Page 22 of 73

It is the finding of the board that public nudity (either partial or total) under circumstances

related to the sale and consumption of alcoholic beverages in so-called "nude bars" or

establishments offering so-called "nude entertainment" or "adult entertainment" in conjunction

with the sale of alcoholic beverages, begets criminal behavior and tends to create undesirable

community conditions.

Among the acts of criminal behavior found to be associated with nudity and alcohol are

disorderly conduct, prostitution, public indecency and drug trafficking. Among the undesirable

community conditions identified with the concentration of adult entertainment are depreciation of

property values in neighborhoods surrounding nude bars or adult entertainment establishments

where alcoholic beverages are sold, increased expenditure for and allocation of law enforcement

personnel to preserve law and order, increased burdens on the judicial system as a consequence of

the criminal behavior hereinabove described, and acceleration of community blight by the

concentration of adult entertainment establishments in particular areas.

Other negative effects which are found by the commission are the apparent connection of

these establishments to organized crime and illegal drug sales; the potential spread of

communicable diseases to law enforcement personnel who answer calls at adult establishments

and to patrons of such establishments; and the potential proliferation of adult entertainment

establishments after the initial siting of an adult entertainment establishment in a particular

neighborhood.

Macon-Bibb County therefore finds that it is in the best interest of the health, welfare, safety

and morals and preservation of its businesses, neighborhoods, and of churches, schools, and parks

to prevent the adverse impact of adult entertainment establishments. Therefore, the board finds

that the prohibition of live nude conduct in establishments licensed to serve alcohol for

consumption on the premises is in the public welfare by furthering legitimate government interests,

such as reducing criminal activity, protection against property devaluation and deterioration, and

eliminating undesirable community conditions normally associated with establishments which

serve alcohol and allow and/or encourage nudity, and that such prohibition will not infringe upon

the protected constitutional rights of freedom of speech. To that end, this Section is hereby adopted.

(b) Definitions. As used in this Section, the following words shall have the meaning as set forth

below unless otherwise required by context:

(1) Alcoholic beverages means and includes all alcohol, distilled spirits, beer, malt beverage,

wine or fortified wine as more specifically defined in Section 4-1 of this Code.

(2) Business establishment means a business within the Macon-Bibb County where alcoholic

beverages are offered for sale for consumption on the premises pursuant to a license

issued by the governing body.

(3) Licensee means any person to whom a license for sale for consumption on the premises

of alcoholic beverages has been issued by the governing body, including the officers and

agents of the licensee.

(4) License means a license for sale for consumption on the premises of alcoholic beverages

issued by the governing body.

(5) Live means any activity or entertainment which is carried on by actual living persons in

the physical presence of the patrons.

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(6) Live entertainment means entertainment for the benefit of patrons which is carried on in

the actual physical presence of such patrons, including, but not limited to dancing.

(7) Mainstream performance house means a theater, concert hall, auditorium or similar

establishment which regularly features live performances such as plays or concerts which

are not distinguished or characterized by an emphasis on the depiction, description or

display or the featuring of specified anatomical areas or specified sexual activities and

where such depiction, if any, is only incidental to the primary purpose of any

performance.

(8) Person means a human being.

(9) Premises means the definite closed or partitioned establishment, whether room, shop or

building wherein alcoholic beverages are sold or consumed, including the sidewalk

serving area or outside, open air or patio-type serving area on the private property of an

establishment, as defined in Section 4-1 of this Code.

(10) Specified anatomical areas means any of the following:

a. Less than completely and opaquely covered human genitals or pubic region; cleft of

the buttocks; or any portion of the female breast encompassed within an area falling

below the horizontal line one would have to draw to intercept a point above the top

of the areola, or any portion of the areola, or any simulation thereof. This definition

shall include the entire lower portion of the human female breast, but shall not

include any portion of the cleavage of the human female breast exhibited by a dress,

blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is

not so exposed.

b. Human male genitalia in a discernibly turgid state, even if completely and opaquely

covered.

(11) Specified sexual activities means and includes any of the following:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus

or female breasts;

b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral

copulation or sodomy;

c. Masturbation, actual or simulated;

d. The displaying of the male or female pubic hair, anus, vulva or genitals; or

e. Excretory functions as part of or in connection with any of the activities set forth in

subsections a. through d.

upon any premises licensed to sell, serve or dispense alcoholic beverages for consumption on

the premises within Macon-Bibb County:

(1) The employment or use of any person live, in any capacity, in the sale or service of

alcoholic beverages or food while such person is unclothed or in such attire, costume or

clothing, as to expose any portion of his or her specified anatomical areas.

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(2) Live entertainment where any person appears unclothed or in such attire, costume or

clothing as to expose any portion of his or her specified anatomical areas or where such

person performs acts of specified sexual activities or acts which simulate specified sexual

activity, as defined herein.

(3) The holding, promotion, sponsoring or allowance of any contest, promotion, special

night, event or any other activity where live patrons of the licensed establishment are

encouraged or allowed to engage in any of the conduct proscribed in subsections (1) and

(2).

(4) Nothing contained in this Section shall apply to the premises of any mainstream

performance house or museum which derives less than twenty (20) percent of its gross

annual income from the sale of alcoholic beverages.

(d) Penalties.

(1) It shall be unlawful for any person to perform any acts prohibited in subsection (c) and

any such conduct will be a violation of this Code and shall be punishable in the municipal

court of Macon-Bibb County as provided under this Code.

(2) It shall be unlawful for a licensee to permit any conduct prohibited in subsection (c) which

he knows or has reasonable cause to know is taking place on the premises. Any such

conduct by a licensee shall be a violation of this Code and shall be punishable in the

municipal court as provided under this Code. Also, upon conviction, a licensee may have

his license revoked as provided in this Code.

Secs. 4-72—4-90. - Reserved.

ARTICLE IV. - RETAIL PACKAGE SALES OF DISTILLED SPIRITS

Sec. 4-91. - Limitation on number of licenses.

(a) The number of licenses for retail package sales of distilled spirits which may be issued

pursuant to the provisions of this Chapter and which may be in operation within the limits of

Macon-Bibb County therein at any one time shall be based on and shall be limited to one

license for each 2,800 or major fraction thereof of population in such area according to the

latest United States Decennial Digest.

(b) The maximum number of retail distilled spirits licenses which may be issued and which may

be in operation in Macon-Bibb County as is now provided shall in the future be issued or

approved for transfer in location in such a manner that the number of licenses in each of the

nine (9) commission districts of Macon-Bibb County shall be based on one (1) licensee for

each two thousand eight hundred (2,800) or major fraction thereof of population in each

commission district, according to the latest United States decennial census except as provided

in subsection (c). In order to equitably administer this provision no new license shall be issued

or existing license approved for transfer if located across a commission district line in the

future which causes the total number of licenses in any one (1) commission to exceed a ratio

of one (1) license for each two thousand eight hundred (2,800) or major fraction thereof of

population in each district according to the latest census. However, in no event shall the total

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number of licenses issued in Macon-Bibb County exceed the maximum number provided for

in subsection (a).

commencement of the government of Macon-Bibb County issued by either Bibb County or

the City of Macon may be renewed in accordance with this Chapter and subsequently

thereafter, assuming all other applicable legal conditions are met, notwithstanding the limits

of subsection (b).

(d) New complete applications for licenses for retail package sales of distilled spirits shall be

given priority in the order in which they are received. In the event that there are multiple new

simultaneously submitted valid applications for retail package sales of distilled spirits within

a particular commission district such that if all were granted the total number of licensed

establishments would exceed the limits imposed by subsection (b), priority shall be granted

first to renewing valid actively licensed establishments and then to new applicants in priority

based on descending order beginning with the application whose proposed premises is the

greater distance from the nearest other existing establishment within the same commission

district. Nothing in this subsection shall be construed to allow new applications to be granted

in such a way as to exceed the limits of subsection (b).

(e) It is the policy of the commission of Macon-Bibb County that licensed establishments for the

retail package sale of distilled spirits be regulated in such a way as to avoid their over-

accumulation within any one commission district and within Macon-Bibb County as a whole.

(f) The limitations imposed by this Section shall be in addition to the distance limitations imposed

by Section 4-36.

Sec. 4-92. - Reserved.

Sec. 4-93. - Mobile home, tourist court or establishment operating self-service motor fuel

dispensing pumps.

(a) No license shall be issued for the operation of any distilled spirits business on the premises of

a mobile home court or tourist court.

(b) No license shall be issued for the operation of any distilled spirits business on the premises of

any establishment licensed and operating self-service motor fuel dispensing pumps.

Sec. 4-94. - When sales permitted.

(a) It shall be unlawful for any licensee or person employed by a licensee for retail package sales

of distilled spirits, to sell, offer for sale, transfer, or offer to transfer to others, any distilled

spirits at any time on Sunday before the hour of 12:30 p.m. or after the hour of 11:30 p.m. or

at any time before the hour of 8:00 a.m. or after the hour of 11:45 p.m. on Monday, Tuesday,

Wednesday, Thursday, Friday or Saturday of each week; and it shall be unlawful for any

person to purchase, receive, or offer to receive from such a licensee, or a person employed by

such a licensee, any distilled spirits at any time on Sunday before the hour of 12:30 p.m. or

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after the hour of 11:30 p.m. or before the hour of 8:00 a.m. or after the hour of 11:45 p.m. on

Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday of each week.

(b) Pursuant to the provisions of O.C.G.A. § 3-3-20, and subject to the provisions of subsection

(a), the sale of alcoholic beverages shall be permitted on elections days as the same are defined

in the Official Code of Georgia Annotated; provided, however, that it shall nonetheless be

unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of

the outer edge of any building within which such polling place is established on primary or

election days.

Sec. 4-95. - Price tags and labels.

Licensees shall plainly indicate the price of all distilled spirits exposed for sale by tags or

labels on the bottles or containers or on the shelf immediately below as such containers are placed.

It shall be unlawful for any person to have in his possession, custody or control any distilled spirits

for retail sale unless the container shall have firmly affixed thereto a label on which there is stated

in plain words or figures, the true alcoholic content by volume of the alcoholic beverage.

Sec. 4-96. - Interest in other business prohibited.

No person holding a license for retail package sales of distilled spirits hereunder shall have or

own any interest, direct or indirect, in any other such place of business, nor shall any person

become a stockholder in any other such place of business location licensed hereunder, each

connection as stockholder, officer, owner, partner, director or otherwise being deemed an interest

for the purposes of this Section; provided, however, that an interest which an executor,

administrator or trustee of the estate of a deceased person holds in his or her representative capacity

shall not be deemed such an interest as is prohibited by this Section. No person shall be issued a

license hereunder where the applicant, or the spouse of the applicant (in the case of an individual),

or where a partner, or the spouse of a partner (in the case of a partnership), or where any officer,

director or stockholder, or the spouse of any officer, director or stockholder (in the case of a

corporate applicant) holds a license for the sale of distilled spirits issued by any governing

authority whatsoever. No person shall control or assume to control more than one business of the

type licensed hereunder (whether the license is issued by Macon-Bibb County or any other

authority); nor shall any licensee permit any such control or assumption of control.

Sec. 4-97. - Distances from certain uses.

Subject to the provisions of O.C.G.A. § 3-3-21, as amended:

No license shall be issued under this Article where the location of a business is within 100

yards of any of the following: a church, an alcoholic treatment center, or a public library, or a

Macon-Bibb County Housing Authority property. No license shall be issued under this Article

where the location of a business is within 200 yards of any of the following: a school ground,

school building, educational building, or college campus. The distance prescribed in this Section

shall be measured by the shortest straight line possible between the nearest point on the building

housing the place of business to the nearest point on the building housing such church, alcoholic

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treatment center, library or branch, school building, or educational building, or to the nearest point

on the school ground, college campus, or Macon-Bibb County Housing Authority Property.

Sec. 4-98. - Posting of license number.

Every licensee shall have printed on the front of the licensed premises the name of the licensee,

together with the inscription:

"Macon-Bibb County Retail Package Sales of Distilled Spirits License No. ____________ "

in letters not less than four (4) inches in height.

Sec. 4-99. - Posting of signs prohibiting sales to minors.

The holder of a retail distilled spirits license shall post in a conspicuous place in the licensed

premises a sign printed in letters at least four (4) inches high reading:

Sale of Alcoholic Beverages to Minors Prohibited.

Sec. 4-100. - Limitation on the sale or transfer of business and license.

It shall be unlawful and shall call for immediate revocation of all licenses involved, both of

seller and purchaser, for any retail distilled spirits licensee to purchase the business or license of

any other such licensee and attempt to operate the purchased business in addition to the business

operated by the purchaser. If a bona fide sale of any license or business under this Article to persons

other than other such licensed dealers, full disclosure of the persons involved, the purchase price,

and any other information as is required by this Code for a new license shall be filed with the

commission or its designee as a condition to any sale. In addition to the revocation of the license

of any person violating the provisions of this Section, that person shall be subject to punishment

in the municipal court as for other violations of this Code.

Secs. 4-101—4-120. - Reserved.

ARTICLE V. - RETAIL PACKAGE SALES OF WINE AND MALT BEVERAGES AND

RETAIL SALES OF WINE AND ANY MALT BEVERAGES FOR CONSUMPTION ON THE

PREMISES

Sec. 4-121. - Zoning.

No license for retail sales of wine and malt beverages shall be issued unless the applicant's

place of business is located within an area that is zoned by the Macon-Bibb County planning and

zoning commission as allowing such use as a permitted or conditional use, including but not

limited to: a C-1 neighborhood commercial district, a C-2 or C-3 (CBD) general commercial

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district or a C-4 highway commercial district as the districts may now or hereafter be constituted

by the planning and zoning commission. A license for retail sales of wine and malt beverages may

be issued to an applicant whose place of business is located in an A-agricultural district provided

that the licensee shall be authorized to sell packaged beer or wine only for consumption off the

premises where sold and provided the applicant is the holder of a currently valid permit from the

planning and zoning commission issued pursuant to the provisions of the comprehensive land

development resolution for the location for which the license is sought.

Sec. 4-122. - Distances from certain uses.

Subject to the provisions of O.C.G.A. § 3-3-21, as amended:

(a) No license for retail sales of wine and malt beverages packaged to go shall be issued under

this Article where the location of the business is within 100 yards of any of the following: a

school ground, school building, or college campus, an alcoholic treatment center, or a public

library or any branch thereof or a Macon-Bibb County Housing Authority property. The

distance prescribed in this Section shall be measured by the shortest straight line possible

between the nearest point on the building housing the place of business to the nearest point on

the building housing such library or branch, school, or alcoholic treatment center, or to the

nearest point on the school ground, college campus, or Macon-Bibb County Housing

Authority Property.

(b) No license for retail sales of wine and malt beverages for consumption on the premises shall

be issued under this Article where the location of the business is within 100 yards of a state

or county owned and operated alcohol treatment center or a housing authority property as

defined in O.C.G.A. § 3-3-21.

this Section at the time of issuance, licenses may be continued to be issued or renewed for the

same location thereafter, notwithstanding the fact that adjacent or nearby property is

subsequently devoted to a use which would have precluded issuance of a license in the first

instance.

(d) Subsection (a) shall not prohibit grocery stores licensed for the sale of only wine and malt

beverages for consumption off the premises from selling wine and malt beverages within 100

yards of any college campus.

Sec. 4-123. - Where sales permitted.

The point of sale for packaged malt beverages or wine not to be consumed on the premises

shall be compactly placed in the rear portion of the place of business which is defined as being the

portion of the sales area in the place of business furthest away from the main entrance. In no event

shall displays of malt beverages or wine be permitted upon the front or in the windows of places

of business.

Sec. 4-124. - Rules adopted.

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(a) Retail sales of wine and malt beverages fall into one of two categories:

(1) Retail package sales of wine and malt beverages.

(2) Retail sales of wine and malt beverages for consumption on the premises.

(b) An applicant for a license for retail sales of wine and malt beverages shall specify in his or

her application for a license whether he or she wishes to engage in package sales of wine and

malt beverages or sales of wine and malt beverages for consumption on the premises. All

licensees shall comply strictly with the varying rules and regulations relating to types of sales

of malt beverages and wine hereinafter expressed. Where an applicant desires to sell packaged

malt beverages and wine and for consumption on the premises, he or she shall file two

applications. The commission or its designee will act upon each application separately. No

person shall sell beer or wine or both either packaged or for consumption on the premises

unless the application for such sale has been granted by the commission or its designee.

Sec. 4-125. - Hours of sales; hours of operations; hours of brown bagging; sales on election days;

Sunday sales.

(a) No licensee shall sell or offer for sale any alcoholic beverages at any time on Sunday before

the hour of 12:30 p.m. or after the hour of 11:30 p.m., nor between the hours of 2:00 a.m. and

6:00 a.m. on other days of the week.

(b) Pursuant to the provisions of O.C.G.A. § 3-3-20, and subject to the provisions of subsection

(a), the sale of malt beverages and wine shall be permitted on election days as the same are

defined in the Official Code of Georgia Annotated; provided, however, that it shall

nonetheless be unlawful for any person to sell malt beverages and wine within 250 feet of any

polling place or of the outer edge of any building within which such polling place is

established on primary or election days.

and 2:00 a.m. on Sunday, shall not apply to sales or consumption on the premises by licensees

who qualify under the provisions of Section 4-143 to sell distilled spirits for consumption on

the premises. In such case, the hours of subsection (c) of Section 4-143 will control as to hours

of sale of wine and malt beverages.

Sec. 4-126. - Sales in connection with food service.

Notwithstanding any of the foregoing provisions, a license for retail sales of wine and malt

beverage may be issued to any hotel, motel, or similar establishment, to any bona fide private club

generally recognized as such and having bona fide membership requirements, or to any bona fide

restaurant or other bona fide food service establishment, regardless of the distance between any

such place and a church, library, branch, school ground or college campus, where such place

petitions to sell malt beverages or wine only in connection with sales of food therein.

Sec. 4-127. - Wine tasting.

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(a) A wine-tasting permit for purposes of this Section shall be available only to licensees

possessing or applicants applying for a license under this Chapter for the retail sale of wine

by the package. No retailer engaged in the business of selling wine by the package shall offer

tastings, samples, or free glasses of wine for consumption on premises unless they possess a

wine-tasting permit. No such permit shall be required for businesses licensed to sell wine for

consumption on premises, or which provide wine exclusively in a manner which does not

constitute a “sale,” within the scope of this Chapter.

(b) No wine tasting shall be conducted on the premises of any place of business licensed to sell

distilled spirits in the unbroken container. Any wine tasting occurring on the premises of a

business possessing a license to sell wine by the package shall be limited to an area that is

separated from the retail area of the premises by walls or other partitions that prohibit

pedestrian traffic through the wine tasting area.

meets all requirements of the alcohol beverage ordinance and presently maintains a valid

license for the sale of wine by the package issued by Macon-Bibb County. A wine-tasting

permit shall allow the permittee to offer or sell wine samples in connection with an

instructional or educational promotion. A wine-tasting permit is intended to allow such

activity on a limited basis and shall not be a part of the core operations of such establishment

or occur on a daily basis.

(d) A wine-tasting permittee shall be subject to all laws, rules and regulations of Macon-Bibb

County and state, including rule 560-2-5-.05 of the state department of revenue, alcohol and

tobacco division, and shall be subject to permit revocation for violation thereof.

(e) Said wine-tasting permit need only be applied for once and shall automatically renew when

said license to sell wine by the package is renewed. Provided, however, that Macon-Bibb

County may revoke such wine-tasting permit and/or impose such conditions on its operation

at the commission or its designee's discretion for violation of this Code or in furtherance of

the health, safety and welfare of the local government's inhabitants.

(f) Wine tastings shall only be conducted during the hours established for the sale of alcoholic

beverages consumed on premises as established in this Chapter.

(g) Holders of a wine-tasting permit shall not allow any person to take an open container of

alcoholic beverages from the designated wine-tasting area or from the licensed premises.

Sec. 4-128. - Growlers.

The sale of growlers in compliance with this ordinance is authorized for establishments

licensed under ordinance Section 4-124(a)(1) for the retail package sales of wine and malt

beverages, including holders of a brewpub or malt beverage taproom license. The filling of

growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated

by O.C.G.A. § 3-3-26 or other provisions of this ordinance. The term "growler" means a glass

bottle not to exceed sixty-four ounces (64 oz.) that is filled by a licensee or employee of the

licensed establishment with beer from a keg. Unless a licensee has a brewpub or malt beverage

taproom license, growlers may only be filled from kegs procured by the licensee from a duly

licensed wholesaler. Brewpub or malt beverage taproom licensees may also fill growlers with malt

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beverages manufactured on the licensed premises. Only professionally sanitized and sealed

growlers may be filled and made available for retail sale. Each growler must be securely sealed

and removed from the premises in its original sealed condition. Samples of tap beers may be made

available if the licensee is providing growlers in compliance with this ordinance, but shall not

exceed one ounce (1 oz.) nor shall any one (1) individual be offered more than three (3) samples

within a twenty-four-hour (24 hr.) period. An establishment duly licensed for the sale of growlers

may also be authorized to sell other forms of alcoholic beverages, including for consumption on

premises, so long as it is properly licensed to do so.

Secs. 4-129—4-140. - Reserved.

ARTICLE VI. - RETAIL SALES OF DISTILLED SPIRITS FOR CONSUMPTION ON THE

PREMISES

Sec. 4-141. - Zoning district.

No license for retail sales of distilled spirits for consumption on the premises shall be issued

unless the applicant's place of business is within the district in which, under the rules and

regulations of the Macon-Bibb County Planning and Zoning Commission, the sale of distilled

spirits would otherwise be allowed either as a permitted or as a conditional use.

Sec. 4-142. - Distances from certain uses; when distances not applicable.

Subject to the provisions of O.C.G.A. § 3-3-21, as amended:

No license for the retail sales of distilled spirits for consumption on the premises shall be

issued where the location of the business is 100 yards of a state or county owned and operated

alcohol treatment center or a housing authority property as defined in O.C.G.A. § 3-3-21.

Sec. 4-143. - When sales permitted.

(a) Hours; holidays. No person shall engage in the sale of distilled spirits for consumption on the

premises between the hours of 2:00 a.m. on Sunday and 6:00 a.m. the following Monday and

between 2:00 a.m. and 6:00 a.m. on other days of the week, or when sales are prohibited by

state law. Sales outside the designated hours are prohibited.

(b) Election days. Pursuant to the provisions of O.C.G.A. § 3-3-20, and subject to the provisions

of subsection (a), the sale of distilled spirits for consumption on the premises shall be

permitted on election days as the same are defined in the Official Code of Georgia Annotated;

provided, however, that it shall nonetheless be unlawful for any person to sell distilled spirits

for consumption on the premises within 250 feet of any polling place or of the outer edge of

any building within which such polling place is established on primary or election days.

this Article to sell distilled spirits for consumption on the premises which derives at least 50

percent of its total annual gross sales from the sale of prepared meals at the licensed premises,

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and any such licensee operating an establishment which derives at least 50 percent of its total

annual gross income from the rental of rooms for overnight lodging may apply for a Sunday

sales permit which, if granted, will authorize the licensee to sell and serve distilled spirits for

consumption on the premises on Sundays from 11:00 A.M. until 12:00 midnight, local time,

under the following conditions:

(1) No license will be granted to an establishment which has not been licensed to sell distilled

spirits by the drink for consumption on the premises for six consecutive months

immediately preceding the filing of the application. However, this requirement shall not

apply to an applicant that has demonstrated to the satisfaction of the tax commission its

ability to comply with the conditions of a Sunday sales permit by having a proven record

of operating, in another location or locations, an establishment that has been operated in

a manner substantially similar to the establishment for which the Sunday sales permit is

sought.

(2) No application will be approved for any applicant unless the applicant holds a currently

valid certificate of zoning compliance issued by the Macon-Bibb County Planning and

Zoning Commission.

(3) Sales of distilled spirits for consumption off the premises or for consumption outside the

hours of permitted operation shall constitute a violation of the conditions of the grant of

the license.

(4) Licenses will be granted only to those applicants who own or operate a bona fide full-

service restaurant which is defined as one which is licensed to sell alcoholic beverages,

distilled spirits, malt beverages or wines for consumption on the premises under this

Code; where meals are served with substantial entrees selected by the patron from a full

menu are served; which has adequate facilities and sufficient employees for cooking or

preparing and serving such meals for consumption at tables and dining rooms on the

premises; which derives at least 50 percent of its gross sales from the sale of such meals

prepared, served, and consumed on the premises or which otherwise qualifies by the

rental of rooms; and where the kitchens, dining rooms and related service facilities have

been approved by the Macon-Bibb County Health Department and that department has

issued a permit.

(5) At the time of the application, the applicant shall submit to the commission or its designee

a certification by a certified public accountant that the applicant meets the requirements

set out in this subsection. The certification shall be based upon an actual review of the

applicant's total gross sales for the licensed location during the 12 months preceding

which ends on the last day on the month immediately preceding the filing of the

application for permit under this Section. If the applicant has been in business for more

than 6 months, but less than 12 months, then such certification shall be for the time the

applicant has been in business, annualized. If at the time of the application the applicant

has not received the required certification due to time constraints or other circumstances,

then pending receipt of such certification, the applicant may submit other documentation

satisfactory to the commission or its designee that the applicant meets the requirements

of this subsection.

(6) The commission or its designee is authorized to conduct an inspection of the books of the

applicant for the purpose of verifying the facts set forth in this certificate.

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(7) Upon determination by the commission or its designee that the applicant has met the

requirements of this subsection, he or she shall forward the application to the tax

commissioner who shall then issue the permit if the applicant is otherwise qualified,

which shall be permanently and prominently displayed by the licensee in his place of

business.

(8) When the tax commissioner has issued the license under the provisions hereof, he shall

cause appropriate notification to be made to the office of the sheriff of the issuance of the

license.

(9) Licenses issued under the provisions of this subsection shall be valid from the date of

issue through December 31st, next ensuing unless sooner revoked.

(10) No more than 60 days prior to the expiration of the license, the licensee desiring to renew

the permit shall file a new application therefor and furnish current information in like

fashion as a new application.

(11) The commission or its designee may at any time cause an interim reverification of

eligibility prior to the expiration of a Sunday sales permit and if the licensee is found, as

a result of such inquiry, to be no longer qualified under the provisions of this Section to

hold a Sunday sales permit, the permit shall be revoked.

(12) If the basic license of the licensee to sell distilled spirits for consumption on the premises

is revoked, the permit for Sunday sales shall automatically be revoked as well.

(13) If any licensee shall be determined to have furnished materially false information in the

application for a Sunday sales permit or in the application for a license to sell distilled

spirits by the drink for consumption on the premises, such actions shall be grounds for

revocation of the licensee’s Sunday sales permit or of any or all other licenses issued

under this Chapter, pursuant to the procedures set out in Article XI of this Chapter.

(14) Reserved.

(15) Licensees shall be held accountable for compliance with the conditions, terms and

restrictions of this subsection and shall likewise be responsible for the maintenance of

order in and about the license premises. Licensees shall, in addition, ensure that customers

do not engage in loud, boisterous, and noisome conduct amounting to a nuisance outside

the building located on the licensed premises. Licensee shall likewise maintain adequate

accounting records kept, if possible, in accordance with generally accepted accounting

principles, but in any event, sufficient to enable the commission, or its designee, to

determine with accuracy the relative percentage of sales of food and rooms.

(16) The provisions of Section 4-121 through 4-126, and Sections 4-141 and 4-142 are

incorporated herein.

(17) The provisions of Section 4-56 relating to the time which must elapse from the date of

revocation of a license until a new one can be issued are incorporated herein by reference.

(18) No permit for Sunday sales of alcoholic beverages will be issued hereunder or remain in

effect unless the licensee also holds a currently valid license for retail sales of wine and

beer consumed on the premises or a currently valid license for the retail sale of distilled

spirits for consumption on the premises, either or both, and the revocation of any such

license shall automatically result in a revocation of any permit for Sunday sales.

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Sec. 4-144. - Times and hours for sale, purchase, drinking, etc. exceptions in years when January

first falls on Monday.

(a) Notwithstanding any other ordinance or provision to the contrary, whenever January first of

any year falls on a Monday, it shall not be unlawful for the licensee or his employee,

authorized to sell beer, malt beverages, wine, and distilled spirits by the drink, to sell and

transfer same between the hours of 12:01 a.m. and 2:00 a.m. on such Monday morning, nor

shall it be unlawful for any adult person to purchase and receive from such a licensee, or

person employed by such a licensee, such alcoholic beverages between such hours.

(b) Notwithstanding any other ordinance or provision to the contrary, whenever January first of

any year falls on a Monday, it shall not be unlawful for any person licensed for retail sale of

beer, wine, or distilled spirits by the drink, to permit opened containers or bottles containing

beer, wine, or other alcoholic beverages, on the licensed premises at any time between 7:00

p.m. on the previous Sunday evening and 2:00 a.m. on such Monday morning, nor shall it be

unlawful for any adult person to have such an opened container containing such substances in

such place of business during such hours.

any year falls on a Monday, it shall not be unlawful for any owner of a place of business

licensed for the retail sale of beer, wine and distilled spirits by the drink to permit any adult

person to drink any whiskey, wine, beer or other alcoholic beverages upon the business

premises between the hours of 7:00 p.m. on the previous Sunday and 2:00 a.m. on such

Monday morning, nor shall it be unlawful for any adult person to drink any whiskey, wine,

beer or other alcoholic beverages in such business establishments between such hours.

(d) Notwithstanding any other ordinance or provision to the contrary, whenever January first of

any year falls on a Monday, the practice commonly known as "brown bagging," that is, the

bringing of liquor by patrons to business establishments licensed for the retail sale of beer,

wine and distilled spirits by the drink for the purpose of drinking such liquor at any such

establishments, shall not be unlawful between the hours of 7:00 p.m. on the previous Sunday

evening and 12:01 a.m. on such Monday morning.

(e) Notwithstanding any other ordinance or provisions to the contrary, whenever January first of

any year falls on a Monday, the sale and consumption of alcoholic beverages at the coliseum

and auditorium is hereby authorized between the hours of 12:30 p.m. on New Year's Eve and

2:00 a.m. on January first.

Secs. 4-145. – Hours of Operation of Licensed Premises.

(a) No person or entity licensed under this Chapter for the sale of alcoholic beverages for

consumption on premises shall be open for business at any licensed location between the

hours of 3:00 A.M. and 6:00 A.M. on any day.

(b) Notwithstanding the provisions of subparagraph (a) of this Section, no licensee which is

operating in any location pursuant to a special event permit shall be permitted to sell or serve

alcoholic beverages on any day between the hours of 2:00 A.M. and 6:00 A.M.; and no special

event permit holder, or person or entity under contract with such permit holder for the

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provision of alcoholic beverages shall suffer or permit the consumption of any alcoholic

beverages within the special event location during such hours.

which derives at least 50 percent of its total annual gross sales from the sale of prepared meals

or food in all of the combined retail outlets of the individual establishment where food is

served, or which derives at least 50 percent of its total annual gross income from the rental of

rooms for overnight lodging shall be permitted to operate between the hours of 3:00 A.M. and

6:00 A.M., but shall not sell or serve any alcoholic beverages for consumption on premises

during such hours; and shall not suffer or permit the consumption of alcoholic beverages on

the licensed premises during such hours, except within rooms rented for overnight lodging,

regardless of whether such beverages were purchased from the licensed location prior to 3:00

A.M., or were purchased elsewhere and brought onto the premises for the purposes of brown

bagging.

Secs. 4-146—4-160. – Reserved.

ARTICLE VII. - EXCISE TAXES

DIVISION 1. - BOOKS AND RECORDS

Sec. 4-161. - Inspection and audit of books and records.

The books and records of all wholesalers selling or delivering any wine, malt beverages and

packaged distilled spirits to retailers made subject to this tax and the books and records of all

retailers made subject to this tax shall be open for inspection and audit by the agents of Macon-

Bibb County, to ensure compliance herewith and it shall be unlawful for any person to deny any

authorized agent of Macon-Bibb County reasonable access to such books and records. Such books

and records shall, for wholesalers, contain information showing deliveries of any of such beverages

to persons upon whom the tax hereby assessed and levied is imposed separately, and the monthly

reports of such wholesalers shall show, separately, deliveries made to each retailer, separately, so

that sales of any of the beverages described in this Section may be identified with respect to each

retailer upon whom the tax is imposed by this Section.

Secs. 4-162—4-180. - Reserved.

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DIVISION 2. - MALT BEVERAGES

Sec. 4-181. - Levy.

There is hereby imposed upon and levied against every licensed wholesale dealer in malt

beverages an excise tax, in addition to the excise taxes presently levied by the state as follows:

(1) Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel

or bulk container, a tax of $6.00 on each container sold containing not more than 15½

gallons and a proportionate tax at the same rate on all fractional parts of 15½ gallons.

(2) Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk

containers, a tax of $0.05 per 12 ounces and proportionate tax at the same rate on all

fractional parts of 12 ounces.

Sec. 4-182. - Payment.

The excise tax levied in this division and imposed upon licensed wholesalers is levied and

imposed with respect to malt beverages sold or distributed by such wholesalers in Macon-Bibb

County to retailers doing business outside the corporate limits of municipalities in said Macon-

Bibb County. The excise tax provided for in this division shall be paid by such licensed wholesale

dealers to Macon-Bibb County on or before the tenth day of the month following the calendar

month in which the beverages are sold or disposed of by such licensed wholesale dealer. Every

licensee responsible for the payment of the excise tax imposed by this Section shall file a monthly

report itemizing for the preceding calendar month the exact quantities of malt beverages, by size

and type of container, for the month. Each wholesale licensee shall report and remit to Macon-

Bibb County, on the tenth of the month next succeeding the calendar month in which such beer

and malt beverages are sold or disposed of, the tax imposed by this division.

Secs. 4-183—4-200. - Reserved.

DIVISION 3. - PACKAGED DISTILLED SPIRITS

Sec. 4-201. - Levy.

There is hereby levied upon every dealer at retail of packaged distilled spirits a tax of $0.22

per liter of distilled spirits, and a proportionate tax at the same rate on all fractional parts of a liter

delivered by wholesalers to retailers whose place of business is located within the limits of Macon-

Bibb County outside the corporate limits of municipalities therein.

Sec. 4-202. - Payment.

(a) The taxes levied pursuant to this division shall be paid by the retailers upon whom such tax is

levied to wholesalers at the time of delivery of the packaged distilled spirits to the retailer. It

shall be the duty of each such retailer to pay and it shall be the duty of each wholesaler to

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collect the tax hereby levied, and wholesalers shall remit such taxes to Macon-Bibb County

on or before the tenth of the month for all of such taxes paid by such retailers and collected

by such wholesalers during the preceding calendar month.

(b) It shall be unlawful for any retail seller of packaged distilled spirits to receive and retain any

beverages unless he shall have paid the tax levied in this division. It shall likewise be unlawful

for any wholesaler of packaged distilled spirits to deliver any such beverage to any retailer

thereof unless he shall concurrently with such delivery, collect the tax imposed hereby. It shall

be unlawful for any wholesaler of such beverages to fail to remit, when due, the taxes levied

hereby and collected by any such wholesaler. It shall likewise be unlawful for any person

engaged as a retailer of such beverages to receive any of the same from another retailer of

such beverages, unless the tax imposed and levied in this division has been paid. It shall further

be unlawful for any retailer of such beverages from another retail store, whether such other

store shall be owned by the receiving retailer or not, and irrespective of the location of such

other store, unless the tax imposed in this division shall have been paid.

Secs. 4-203—4-210. - Reserved.

DIVISION 4. - WINE

Sec. 4-211. - Levy.

Retail dealers in wine shall pay a tax of $0.22 per liter and a proportionate tax at the same rate

on all fractional parts of a liter on all wine delivered by wholesalers to retailers whose place of

business is located within the limits of Macon-Bibb County outside the corporate limits of

municipalities therein. Such a tax is hereby levied upon each such retailer. The payment of such

tax is made a condition precedent to the sale of wine, and no person shall sell any wine without

paying the tax hereby levied.

Sec. 4-212. - Payment.

The tax hereby levied upon dealers at retail in wine shall be paid and collected in the same

manner as the tax levied upon retail dealers of packaged distilled spirits as prescribed in Section

4-202, the terms of which are incorporated in this division and made a part of this Section for all

purposes.

ARTICLE VIII. - ALCOHOLIC BEVERAGE CATERER

Sec. 4-213. - Definitions.

For the purposes of this Article, the following words, terms and phrases shall have the

meanings ascribed to them:

Authorized catered function means an authorized catered function as that term is defined and

used in O.C.G.A. § 3-11-2 et seq.

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Drink means any distilled spirits beverage served for consumption on the premises, which

may or may not be diluted by any other liquid.

Food caterer means any person who prepares and/or serves food at any remote location,

including, but not limited to, wedding receptions, graduations, anniversaries, or other functions by

whatever name called, and who has a valid permit issued by the health department under the terms

of this Code to do so.

Licensed alcoholic beverage caterer shall mean any retail dealer who has been licensed

pursuant to the provisions of this Chapter and O.C.G.A. § 3-11-2.

Licensee shall mean the person to whom a license is issued, or in the case of a partnership or

corporation, all partners, officers, and directors of such partnership or corporation.

Purchase price means the consideration received for the sale of alcoholic beverages by the

drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits,

and property or services of any kind or nature, and also the amount for which credit is allowed by

the licensee to the purchaser, without any deduction there from whatsoever.

Purchaser means any person who orders and gives present or future consideration for any

alcoholic beverage by the drink.

Special event means a group activity including, but not limited to, a performance, meeting,

assembly, contest, exhibit, ceremony, parade, athletic competition, reading, or picnic involving

more than 20 people or a group activity involving less than 20 people for which specific space is

requested to be reserved, as well as an authorized catered function, as defined above.

Sec. 4-214. - Authority to sell; license required; separate application required for each place of

business.

Alcoholic beverage caterers may operate in Macon-Bibb County only under a license granted

by Macon-Bibb County on the terms and conditions provided in this Article. Wine, beer and malt

beverages and distilled spirits shall not be distributed, sold, or possessed for the purpose of sale

without a license granted by Macon-Bibb County. A separate application must be made, and a

separate alcoholic beverage caterer license must be obtained for each place of business.

Sec. 4-215. - Eligibility for license; application; fee.

(a) Any holder of a Macon-Bibb County license authorizing the licensee to sell beer, malt

beverages, or wine by the drink for consumption on the premises may apply for an off

premises license as an alcoholic beverage caterer to sell or distribute beer, malt beverages, or

wine by the drink off premises and in connection with an authorized catered function or special

event, and at the location of that authorized catered function or special event.

(b) Any holder of a Macon-Bibb County license authorizing the licensee to sell beer, malt

beverages, or wine by the package for consumption off the premises may apply for an off

premises license as an alcoholic beverage caterer to sell or distribute beer, malt beverages, or

wine by the drink off premises and in connection with an authorized catered function or special

event, and at the location of that authorized catered function or special event.

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by the drink for consumption on the premises may apply for an off premises license as an

alcoholic beverage caterer to sell or distribute distilled spirits by the drink off premises and in

connection with an authorized catered function or special event, and at the location of that

authorized catered function or special event.

(d) Any holder of a Macon-Bibb County license authorizing the licensee to sell distilled spirits

by the package for consumption off the premises may apply for an off premises license as an

alcoholic beverage caterer to sell or distribute beer, malt beverages, or wine by the drink off

premises and in connection with an authorized catered function or special event, and at the

location of that authorized catered function or special event.

(e) Each application for a license as an alcoholic beverage caterer shall be accompanied by a

certified check for the full amount of the license fee.

Sec. 4-216. - Event permits; alcoholic beverage license required.

(a) Any alcoholic beverage caterer who possesses a valid license from Macon-Bibb County or

another county or municipality in the state and possesses a valid license from the state to sell

malt beverages, wine, or distilled spirits by the drink or by the package at a fixed location

within Macon-Bibb County may be issued by Macon-Bibb County an event permit

authorizing such sales off premises and in connection with an authorized catered event or

function or special event, and at the location of that authorized catered function or special

event.

(b) A licensed alcoholic beverage caterer may sell only that beverage which is authorized by the

alcoholic beverage license in effect. For example, if the alcoholic beverage caterer possesses

a valid license to sell malt beverages, only malt beverages can be sold by the alcoholic

beverage caterer at an authorized catered event or function or special event.

alcoholic beverage caterer's license in order to distribute or sell any distilled spirits, beer, malt

beverages or wine off the premises of the food caterer's business. This does not affect any

requirements that the food caterer have a license to sell alcoholic beverages on the premises

of the food caterer's business.

(d) An alcoholic beverage caterer shall submit an application for an off premises event permit

pursuant to Article XI of this Chapter. The license may be applied for at the same time as the

appropriate alcoholic beverages license(s).

(e) It is unlawful for any person to engage in, carry on or conduct the sale or distribution of

alcoholic beverages off premises and in connection with an authorized catered event or

function or special event without first having obtained a license as provided herein.

Sec. 4-217. - Event permit required; application and fee; expiration.

(a) Exclusive of the license required herein, each alcoholic beverage caterer wishing to sell or

distribute distilled spirits, beer, malt beverages, or wine at an authorized catered event or

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function or special event within Macon-Bibb County must apply for an event permit pursuant

to Article XI of this Chapter. The application for the event permit shall include the name of

the caterer and the alcoholic beverage caterer's license number; the date, location, time and

name of the event; and the quantity of alcoholic beverages to be transported from the licensee's

primary location to the location of the authorized catered event or function or special event.

(b) When an alcoholic beverage caterer is domiciled outside Macon-Bibb County and is currently

licensed by the local government authority in which it is domiciled as an alcoholic beverage

caterer, a Macon-Bibb County license shall not be required in order for the alcoholic beverage

caterer to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered

function or special event inside Macon-Bibb County. However, such alcoholic beverage

caterers, shall be required to obtain a special event permit for each catered event within

Macon-Bibb County at which such alcoholic beverage caterer will sell alcoholic beverages.

Each application for a special event permit by an alcoholic beverage caterer shall be

accompanied by a certified check for the full amount of the event permit fee. In addition, taxes

shall be levied on the total quantity of alcoholic beverages brought into Macon-Bibb County

by the caterer and they shall be levied and paid in full with the application for an event permit.

A copy of the license issued by the local government authority where the alcoholic beverage

caterer is domiciled shall be attached to the event application.

required to obtain an annual alcoholic beverage caterer’s permit, as well as a special event

permit for each event within Macon-Bibb County at which such alcoholic beverage caterer

will sell alcoholic beverage. Each application for an event permit as an alcoholic beverage

caterer shall be accompanied by a certified check for the full amount of the event permit fee.

(d) The original event permit shall be kept in the vehicle at all times while transporting the

alcoholic beverages to the authorized catered event or function or "special event;" it also shall

be maintained at the site of the catered event and available for inspection at the event or

function during the duration of such event or authorized catered function or special event.

(e) It is unlawful for a licensed alcoholic beverage caterer to distribute or sell alcoholic beverages

off premises, except as authorized by the event permit.

(f) The event permit will be valid for the dates of the authorized catered event or authorized

catered function or special event or as approved by Macon-Bibb County, and for three days

before such dates; provided, however, that alcohol may be acquired during the three days

before the first date of the special event, but packages or bottles may not be opened, nor any

alcoholic beverages sold, prior to the date of the event as stated on the application. After

expiration of the event, the alcoholic beverage caterer shall apply for a new event permit in

the same manner as the original event permit.

Sec. 4-219. - Restrictions.

(a) No person under the age of 21 shall be employed by a licensed alcoholic beverage caterer,

who, in the course of such employment, would dispense, serve, sell, or handle alcoholic

beverages as prohibited by O.C.G.A. § 3-3-23.

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(b) No alcoholic beverage caterer may distribute or sell alcoholic beverages during any hours

prohibited in the state or Macon-Bibb County or on any days prohibited in the state or Macon-

Bibb County.

Secs. 4-220—4-299. - Reserved.

ARTICLE IX. – CRAFT MANUFACTURING

Sec. 4-300. - Brewpub license.

(a) For purposes of this Chapter, the terms “brewpub” and “eating establishment” shall have

the same definitions as provided in O.C.G.A. § 3-1-2. No person or entity shall be eligible

to obtain a brewpub license unless that person certifies in writing that the premises to be

licensed will operate as an eating establishment. Any brewpub license shall be subject to

revocation if, at any time, the licensed premises ceases operating as an eating

establishment.

(b) The percentage of gross food and beverage sales shall be calculated and verified as

follows:

(1) Brewpub licensees that have been in operation for more than six months as of the date

in which the licensee applies to renew its licenses under this Chapter for the succeeding

calendar year shall submit a return, as part of its renewal application, showing its gross

sales for the twelve complete calendar months immediately preceding the date of

application; or, for each complete calendar month of operations preceding the date of

application in which the licensee has been in operation, and demonstrating that its sales

of prepared meals or food equal or exceed fifty percent of all gross sales of food and

beverage items over the period covered by such return, as set out in O.C.G.A. § 3-1-2.

(2) The Office of Business Development, or its successor office, shall be authorized to

prepare a return form upon which calculations of percentages of gross food and

beverage sales shall be presented; and such office shall further be authorized to require

that all such returns be submitted on the prepared form.

(3) In the event that a brewpub applying for renewal under this Section cannot demonstrate

that its sales of prepared meals or food equal or exceed fifty percent of all gross sales

of food and beverage items over the period covered by such return, as set out in

O.C.G.A. § 3-1-2, then it shall not be permitted to renew its brewpub license. However,

such business may instead obtain either a license for the manufacture of malt beverages;

or licenses for retail sale of alcoholic beverages, but not both, by paying the appropriate

license fees for the desired licenses.

(1) Manufacture on the licensed premises not more than 10,000 barrels of malt beverages

in a calendar year solely for retail sale;

(2) Operate an eating establishment that shall be the sole retail outlet for such malt

beverages, and which eating establishment may sell such malt beverages by the drink

for consumption on premises, or by the package for consumption off premises;

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(3) Provided that the licensee offers for sale for consumption on premises at least one

variety of commercially available canned or bottled malt beverage that is

manufactured off-premises and purchased from a licensed wholesaler, exercise all

rights afforded to holders of licenses to sell malt beverages or wine by the drink for

consumption on premises, and exercise all rights afforded to holders of licenses to sell

malt beverages or wine by the package for consumption off premises;

(4) Sell alcoholic beverages pursuant to this Section on all days and at all times that sales

of alcoholic beverages by retailers are lawful under this Chapter, including, but not

limited to, Sundays.

(5) Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000

barrels annually of such malt beverages to licensed wholesale dealers. Under no

circumstances shall such malt beverages be sold by a brewpub licensee to any person

holding a retail consumption dealer's license or a retailer's license for the purpose of

resale; and

(6) Notwithstanding any other provision of this Chapter, sell growlers of malt beverages

manufactured on the licensed premises directly to consumers, and sell growlers of malt

beverages produced by other manufacturers directly to consumers, provided that the

products of other manufacturers are purchased from a licensed wholesaler.

(d) No person or entity may hold a brewpub license and a license for the sale of distilled spirits

by the package for consumption off premises at the same time.

(e) Brewpub licensees may separately obtain and hold licenses for alcoholic beverage caterer;

brown bagging permit; catered or special event permit; wine-tasting permit; or retail sale

of distilled spirits by the drink for consumption of premises, provided they meet all

applicable qualifications for each such license applied for.

Sec. 4-301– Malt beverage taproom license.

(a) For purposes of this Chapter, “malt beverage taproom” shall refer to business

establishments operating pursuant to O.C.G.A. § 3-5-24.1, as amended from time to time.

(b) Any licensee holding a malt beverage taproom license shall be authorized to do the

following:

(1) Manufacture any quantity of malt beverages and sell any quantity of such malt

beverages to licensed malt beverage wholesalers for distribution;

(2) Sell up to 3,000 barrels of malt beverages produced at the licensed premises to

individuals who are on such premises:

a. for consumption on premises; and

b. packaged to go, provided that such sales of malt beverages packaged to go shall

not exceed a maximum of 288 ounces of malt beverages per consumer per day.

(3) Sell malt beverages pursuant to this Section on all days and at all times that sales of

malt beverages by retailers are lawful under this Chapter, including, but not limited to,

Sundays.

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and local sales, use, and excise taxes arising from its operations to the proper tax collecting

authority.

(d) No person holding a malt beverage taproom license and no entity operating a malt beverage

taproom shall be eligible to hold any other manufacturing, wholesale, retail, or caterer’s

license for the sale of alcoholic beverages while such malt beverage taproom license

remains valid.

(e) No person holding a malt beverage taproom license and no entity operating a malt beverage

taproom shall be permitted to sell any alcoholic beverages other than the malt beverages

produced on such licensee’s premises.

Sec. 4-302. – Cocktail Room License.

(a) For purposes of this Chapter, “cocktail room” shall refer to business establishments

operating pursuant to O.C.G.A. § 3-4-24.2, as amended from time to time.

(b) Any licensee holding a cocktail room license shall be authorized to do the following:

(1) Manufacture any quantity of distilled spirits and sell any quantity of such distilled

spirits to licensed distilled spirit wholesalers for distribution;

(2) Sell up to 500 barrels of distilled spirits per year produced at the licensed premises to

individuals who are on such premises:

(A) for consumption on premises; and

(B) packaged to go, provided that such sales of distilled spirits packaged to go shall

not exceed a maximum of 2,250 milliliters of distilled spirits per consumer per day.

(3) Sell distilled spirits pursuant to this Section on all days and at all times that sales of

distilled spirits by retailers are lawful under this Chapter, including, but not limited to,

Sundays.

at a price less than the price at which other retailers licensed to sell distilled spirits by the

package to go are permitted to sell such distilled spirits under the law.

(d) Any licensee operating a cocktail room shall be responsible for remitting all state and local

sales, use, and excise taxes arising from its operations to the proper tax collecting authority.

(e) No person holding a cocktail room license and no entity operating a cocktail room shall be

eligible to hold any other manufacturing, wholesale, retail, or caterer’s license for the sale

of alcoholic beverages while such cocktail room license remains valid.

(f) No person holding a cocktail room license and no entity operating a cocktail room shall be

permitted to sell any alcoholic beverages other than the distilled spirits produced on such

licensee’s premises.

Secs. 4-303—4-309. - Reserved.

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ARTICLE X. – MISCELLANEOUS

Sec. 4-310. - Alcoholic beverages in the Centreplex.

(a) Except as provided in this Section, it shall be unlawful for any person to possess or consume

any alcoholic beverages in the auditorium/coliseum/convention center (Centreplex). This

prohibition shall not apply when alcoholic beverages are sold or furnished by the Centreplex

or when a non-profit organization, pursuant to a lease agreement, wishes to furnish alcoholic

beverages free of any type of charge to participants in the event for which the space is leased

or to allow such participants to furnish their own alcoholic beverages.

(b) The sale and consumption on the premises of alcoholic beverages at the Centreplex on Sunday

between the hours of 12:30 p.m. and midnight is hereby authorized; provided, however, this

authorization shall be in addition to and not in lieu of the authorization required in subsection

(a).

Sec. 4-311. - Sale and consumption on the premises of beer and malt beverages at Luther

Williams Field on Sunday.

The sale and consumption on the premises of beer and malt beverages at Luther Williams

Field on Sunday between the hours of 12:30 p.m. and midnight is hereby authorized. Nothing in

this Section shall prohibit the sale or consumption on the premises of beer or malt beverages at

Luther Williams Field at any other time.

Sec. 4-312. - Brown bagging Permits.

(a) Except as otherwise provided in this Section, any establishment may obtain a brown

bagging permit to allow patrons to bring malt beverages, wines, or distilled spirits

purchased off-premises onto the premises of said establishment for consumption thereon.

(b) In order to obtain a brown bagging permit, an applicant establishment must submit an

application stating which one or more of malt beverages, wine, or distilled spirits the

applicant desires to permit to be consumed on premises.

(1) Any applicant seeking to obtain a brown bagging permit must comply with all

requirements and procedures for obtaining a retail license for the sale by the drink for

consumption on premises of each of those types of beverages to be permitted to

consumed on premises, except that no separate fee shall be charged for a brown bagging

permit.

(2) No establishment shall be required to obtain any other license under this Chapter as a

prerequisite to obtaining a brown bagging permit; provided that any establishment

which is already licensed for the retail sales of malt beverages, wine, or distilled spirits

by the drink for consumption on premises shall be entitled to receive on demand, and

without requiring a separate licensing approval, a brown bagging permit authorizing

patrons to consume on the licensed premises those types of beverages which such

establishment is licensed to sell.

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malt beverages, wines, or distilled spirits shall be authorized to obtain a brown bagging

permit. In the event that any establishment has a license for the retail sale of malt

beverages, wine, or distilled spirits which license is revoked, then any brown bagging

permit authorizing patrons to consume on premises the same types of beverages shall also

stand revoked by operation of law.

(d) No establishment licensed for the retail sale of alcoholic beverages by the package, for

consumption off premises, or for the wholesale or manufacture of alcoholic beverages,

shall be eligible for a brown bagging permit unless such establishment holds a brewpub

license.

(e) Every establishment obtaining a brown bagging permit and allowing brown bagging at

such establishment shall be subject to the following rules and regulations:

(1) No bottle or other container of alcoholic beverages brought onto a premises by a patron

shall be in the possession or under the control of any owner, licensee, employee or

agent of such establishment at any time. Possession of such bottle or container of

alcoholic beverages shall be prima facie evidence of the violation of this provision.

Bottles or other containers of alcoholic beverages must remain in the possession of, or

under the control of, the person bringing such bottle or container into an establishment

permitting brown bagging.

(2) The above regulation shall not apply during legal hours for sale to those establishments

holding brown bagging permits which also hold a license for the retail sale of alcoholic

beverages by the drink, for consumption on premises.

(3) Establishments holding brown bagging permits shall not deny or restrict the privilege

of brown bagging by patrons or impose any admission charge, cover charge or

minimum charge on brown bagging patrons that is not also imposed upon all other

patrons during the legal hours for sale and consumption of alcoholic beverages.

Establishments may elect to impose “bottle fees” or “corking fees” for the opening of

closed packages of alcoholic beverages brought onto such premises by patrons.

Notwithstanding any other provisions of this Section to the contrary, the opening or

resealing, by employees of an establishment, of sealed containers of alcoholic

beverages brought onto the premises by patrons, or the pouring of beverages therefrom

for service to such patrons, shall not be in violation of this Section so long as the

containers of alcoholic beverages remain at all times with the patrons who furnished

said container.

(4) No establishment holding a brown bagging permit shall permit or suffer patrons to

bring onto its premises any alcoholic beverages in an open container, unless such open

container is authorized under this Code to be carried on and across any public rights

of way or private property which must be traversed by members of the public in order

to enter said establishment.

Sec. 4-313. - Possession of alcoholic beverages in certain areas prohibited; exceptions.

(a) It shall be unlawful for any person, to drink or have in his possession an open container of

alcoholic beverage within the property boundary lines of any retail establishment licensed to

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sell alcoholic beverages only packaged to go and not licensed for brown bagging or

consumption on the premises, or within 200 feet of the entrance of any such licensed

establishment, whichever is less.

(b) Unless otherwise excepted in subsection (c), it shall be unlawful for any person to drink or

have in his or her possession an open container of alcoholic beverage on any public street,

highway, alley, sidewalk, park or picnic area.

(1) Persons in vehicles on any public street, highway, or alley within Macon-Bibb County;

(2) Sidewalk cafes licensed under the business regulations of this Code;

(3) Any function held within Macon-Bibb County which is sponsored by a bona fide non-

profit civic organization holding a license to sell alcoholic beverages issued pursuant to

this Chapter; or

(4) Any other function held within Macon-Bibb County if written permission is granted by

the mayor and alcoholic beverages are only to be given away and not sold.

(5) Functions held within certain areas of the downtown business area every Friday of each

month between the hours of 4:00 p.m. and 10:00 p.m. and sponsored by a bona fide non-

profit civic organization, but only where alcohol is obtained from a participating business

and is contained in and consumed from an approved container and where the person

consuming or possessing such alcohol is wearing an approved wristband.

a. For purposes of this subpart, the "downtown business area" is defined as that area

enclosed by Martin Luther King, Jr. Blvd., from Walnut Street to Fifth Street; Fifth

Street, from Martin Luther King, Jr. Blvd. To Poplar Street; Poplar Street, from Fifth

Street to First Street; First Street, from Poplar Street to Walnut Street; Walnut Street,

from First Street to Martin Luther King, Jr. Blvd., inclusively.

b. For purposes of this subpart, "participating businesses" shall be those businesses

located in the downtown business area choosing to participate in each Friday event,

who are licensed to sell alcoholic beverages on the premises and who comply with

the guidelines of the sponsoring civic organization for each Friday event.

c. For purposes of this subpart, "approved container" and an "approved wristband" shall

be a uniformly colored and designated plastic cup and wristband, respectively, each

approved by the sponsoring organization and obtained from a participating business

on the day of each Friday event.

d. Any participating business that allows patrons to exit their premises with an alcoholic

beverage purchased from their establishment not contained in an approved container

and not wearing an approved wristband shall be in violation of this Section.

(6) Functions held within certain areas of the downtown business area or within other

"designated commercial areas" as approved by the commission, during hours approved

by resolution, but not later than 2:00 a.m., and under other conditions imposed by the

commission, if any, and sponsored by a bona fide, non-profit, civic organization or

association, but only where alcoholic beverages are obtained from a participating

business and are contained in, and consumed from, approved containers, and where the

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person consuming or possessing such alcoholic beverage is wearing an approved

wristband.

a. For purposes of this subpart, the "downtown business area" is defined as that area

enclosed by Martin Luther King, Jr. Blvd., from Walnut Street to Fifth Street; Fifth

Street, from Martin Luther King, Jr. Blvd. to Poplar Street; Poplar Street, from Fifth

Street to First Street; First Street, from Poplar Street to Walnut Street; Walnut Street,

from First Street to Martin Luther King, Jr. Blvd., inclusively.

b. For purposes of this subpart, "participating businesses" shall be those businesses

located in the downtown business area or in other designated commercial areas,

choosing to participate in the designated event or other specified events, that are

licensed to sell alcoholic beverages on the premises and that comply with the

guidelines of the sponsoring civic organization.

c. For purposes of this subpart, "approved container" and an "approved wristband" shall

be a uniformly colored and designated plastic cup/mug and wristband, respectively,

each approved by the sponsoring organization and obtained from a participating

business on the day of the event.

d. Any participating business that knowingly and intentionally allows patrons to exit its

premises with an alcoholic beverage purchased from its establishment and not

contained in an approved container, and not wearing an approved wristband, shall be

in violation of this Section.

e. The commission, in approving any designated commercial area and in setting times

for allowing an event, shall consider whether such designated area and time are safe

and appropriate for the participants in the event, as well as others.

(7) The district herein defined between the hours of 10:00 a.m. and 8:00 p.m. on certain

Saturdays so designated by the mayor, which designations shall only occur in concurrence

with the occasion of a home football game at Mercer University by the university's

official collegiate football team, but only where alcoholic beverages are contained in, and

consumed from, paper or plastic cups, plastic bottles or aluminum cans.

a. For the purpose of this subpart the designated districts shall be defined as the area

enclosed within the following boundaries, unless otherwise specifically excluded

herein, both sides of the segments of the streets forming such boundaries shall be

included:

1. Beginning at the intersection of Mulberry Street and Fifth Street; extending

along Mulberry Street to Cotton Avenue; extending along Cotton Avenue to

First Street; extending along First Street to Plum Street; extending along Plum

Street to Fifth Street; extending along Fifth Street to the point of beginning.

2. Beginning at the intersection of College Street and Oglethorpe Street; extending

along Oglethorpe Street to Adams Street; extending along Adams Street to

Coleman Avenue; extending along Coleman Avenue up to but not including the

right-of-way of Interstate 75; extending along the eastern boundary of the

Interstate 75 right-of-way to Montpelier Avenue; extending along Montpelier

Avenue to Coleman Avenue; extending along Coleman Avenue to College

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Street; extending along College Street to the point of beginning. The district

shall also include the city right-of-way running between Montpelier Avenue and

Mercer University Drive that traverses the Mercer University campus.

b. Within the district designed herein on Saturdays so designated by the mayor it shall

still be a violation of this Section for a person to possess open glass containers of

alcoholic beverages.

(8) The district herein defined between the hours of 10:00 a.m. and 8:00 p.m. on certain days

so designated by the mayor, which designations shall only occur in concurrence with the

occasion of a baseball or softball game or tournament at Luther Williams Field, or

otherwise occurring within the area designated as the Luther Williams Park and Softball

Complex Alcohol Consumption Area, but only where alcoholic beverages are contained

in, and consumed from, paper or plastic cups, plastic bottles or aluminum cans.

a. For the purpose of this subpart the Luther Williams Park and Softball Complex

Alcohol Consumption Area shall be defined as the area enclosed within the following

boundaries, unless otherwise specifically excluded herein, both sides of the segments

of the streets forming such boundaries shall be included:

Beginning at a fence corner located in Central City Park, Macon-Bibb County,

Georgia, said fence corner located along the southern side of the Macon Levee and

the 1 mile walking track; said fence corner being at the east corner of the Recreation

Fields and the north corner of the Softball Complex; Said fence corner being the

POINT OF BEGINNING;

Thence, from said Point of Beginning in a southwesterly direction along an existing

fence separating the Recreation Fields and the Softball Complex a distance of

approximately 896 feet more or less to a Fence Post located between the 1 mile

walking track to the north and Willie "Smokey" Glover Drive to the south;

Thence, in a northwesterly direction along a fence separating the 1 mile walking

track and Willie "Smokey" Glover Drive approximately 262 feet more or less to the

intersection of the said fence and an extension of a fence line running near the edge

of and parallel with the pavement in front of the ticket booth at Luther Williams

Park;

Thence, in a southwesterly direction, crossing Willie "Smokey" Glover Drive,

along the said fence line in front of the ticket booth approximately 255 feet more

or less to a fence corner located on the north side of the service entrance to Luther

Williams Park;

Thence, in a south, southwesterly and westerly direction, following the fence across

the service entrance to Luther Williams Park approximately 220 feet more or less

to the fence intersection near the Georgia Central Railway yard;

Thence, in a mostly southerly direction along the fence of the Georgia Central

Railway approximately 400 feet more or less to a fence corner;

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Thence, in a southeasterly direction approximately 135 feet more or less to the

southerly light pole at Luther Williams Park;

Thence, in a southeasterly direction approximately 150 feet more or less to the next

light pole at Luther Williams Park;

Thence in a easterly direction approximately 85 feet more or less to a flag pole;

Thence, in a northeasterly direction, crossing Willie "Smokey" Glover Drive

approximately 326 feet more or less to the southeasterly gate post near the entrance

to the Softball Complex parking lot;

Thence, in a southeasterly direction along a fence separating the 1 mile walking

track and the Softball Complex parking lot approximately 524 feet more or less to

the intersection of said fence and a wooden fence;

Thence, in a westerly, southeasterly, easterly, northeasterly and northerly direction

following the said wooden fence as it meanders around the Newer Softball Field

approximately 1422 feet more or less to the fence intersection with a chain link

fence;

Thence, leaving the said fence intersection in a northeasterly direction

approximately 506 feet more or less to a light pole at the southeastern side of the

Softball Complex;

Thence, in a northerly direction approximately 176 feet more or less to a second

light pole;

Thence, continuing in a northerly direction and on the same line defined by the two

light poles approximately 331 feet to a point established by the intersection of a line

between the two light poles and an extension of the northwest-southeast fence that

runs through the Point of Beginning Fence Corner;

Thence, in a northwesterly direction along an extension of the northwest-southeast

that runs through the Point of Beginning Fence Corner approximately 730 feet more

or less to a Fence Corner and the POINT OF BEGINNING.

b. Within the district designed herein on days so designated by the mayor, it shall still

be a violation of this Section for a person to possess open glass containers of

alcoholic beverages.

Sec. 4-314. - Possession of glass, opened bottle or other opened container of beer, wine or other

alcoholic beverages; where prohibited.

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(a) It shall be unlawful for any person owning or operating a place of business licensed under this

Chapter for consumption on the premises to permit any customer or other person at such

establishment to have in his possession, any glass containing any alcoholic beverage, or any

opened and unemptied bottle or other open container of any alcoholic beverage or in or on the

premises of the place of business, regardless of where the beverage was purchased, at any time

or on any day during which the sales of alcoholic beverages by the drink for consumption on

premises is prohibited under this Chapter or under State Law. For purposes of this Section,

bottles or other containers from which employees of the establishment pour or draw alcoholic

beverages to be served to patrons, shall not be considered open or opened containers if the

containers are kept or stored in an area situated behind the counter or bar with access to said

area limited to the employees of the establishment only.

(b) It is the purpose and intent of this Section to assist in the enforcement of the regulations against

selling and consuming alcoholic beverages between the hours set forth in this Article, while

allowing businesses and individuals a reasonable grace period in which to close, empty, or

otherwise dispose of their open containers. The commission finds that the regulations herein

imposed are necessary for the proper regulation of the sale and consumption of alcoholic

beverages.

Sec. 4-315. - Violations.

(a) Any person violating any provision of this Chapter shall be guilty of an ordinance violation

and be subject to a fine of up to $1,000.00 and/or six months in jail per violation.

Additionally, any person violating this Chapter may, after a hearing as provided in Article

XI of this Chapter, have any Adverse Action imposed against any or all licenses issued to

such person under this Chapter, or may be subject to other penalties under the law.

(b) Pursuant to O.C.G.A. § 3-3-2.1, it shall be the duty of each officer, department, agency,

or instrumentality of Macon-Bibb County to report to the Georgia Department of Revenue

within forty-five (45) days of issuing any citation or making any arrest arising out of the

violation of any law, rule, regulation, resolution, or ordinance of a governmental entity

relating to the manufacture, distribution, sale, or possession of alcoholic beverages against

a licensee, an employee of a licensee, or any person holding a financial interest in the

license of the licensee on the premises or place of business of any licensee, pursuant to the

regulations and procedures of the Georgia Department of Revenue. Provided, however,

that no individual shall be cited, fined, or jailed for failure to timely report such citations

or arrests.

Sec. 4-316. - Outstanding licenses; compliance assumed for purposes of applying for renewal.

All licensees holding valid licenses as of December 31, 2013, issued by either of the precursor

local governments to Macon-Bibb County, shall not be precluded from subsequent renewals solely

on the basis that the dissolution of the previous governmental boundaries caused an otherwise valid

licensed location to become a non-conforming location.

Sec. 4-317. - Home brew special events.

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(a) Home brewed beer for purposes of this Section shall be limited to malt beverages produced

by an individual(s) pursuant to the provisions of O.C.G.A. § 3-5-4 and any applicable rules

and regulations of the Georgia Department of Revenue.

(b) Home brew special event shall not be conducted on the premises of any place of business

licensed under this Chapter for the sale, storage, or distribution of alcoholic beverages by the

package or for consumption on-the-premises, but may be conducted at other locations not

otherwise licensed under this Chapter.

the permit fee. Applications shall be made at the business licensing office. Applicants shall

provide the following information in their application:

(1) Name, address, and contact number of the applicant;

(2) Location of the event;

(3) Date and times at which the event will be held; and

(4) Estimated number of participants in the event.

(d) Applicants for home brew special event permits shall not be subject to the requirements of

Section 4-23.

(e) Reserved.

(f) Individuals obtaining permits pursuant to this Section shall be entitled to hold up to six (6)

events per calendar year under one (1) permit.

(g) Home brew special events shall be subject to the following regulations:

(1) Events shall only be held during legal hours for drinking on premises defined in Section

4-125.

(2) Consumption of alcoholic beverages at the event shall be limited solely to home brewed

beer produced pursuant to O.C.G.A. § 3-5-4. Consumption of other alcoholic beverages

shall be prohibited.

(3) Consumption of home brewed beer shall be limited solely to participants in and judges of

the special event. For the purpose of this Section participants shall be either individuals

submitting home brewed beer to the event or individuals admitted to the event by the

sponsor without having to submit a home brew.

(4) At the event, home brewed beer shall not be sold, offered for sale, or made available for

consumption by the general public.

(5) Permittee shall not allow any person to take an open container of alcoholic beverage from

the designated event area.

(h) A home brew special event permittee shall be subject to all laws, rules and regulations of the

city and state, including the rules and regulations of the Georgia Department of Revenue and

shall be subject to permit revocation for violation thereof.

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ARTICLE XI – LICENSING PROCEDURES

Sec. 4-400. –Procedures applicable to all licensing decisions under this Chapter; “Adverse

Action” defined.

This Article shall govern procedures for all licensing decisions under this Chapter, including,

without limitation, decisions to grant or deny any license application or transfer application;

to renew or decline to renew any license; to impose or remove conditions imposed upon any

applicant or licensee in lieu of denying licensure, or renewal or transfer thereof, or in lieu of

revoking any license; or to revoke any active license.

As used within this Chapter, “Adverse Action” shall mean, with respect to any license issued

under this Chapter, or any application for the issuance, transfer, or renewal thereof, any

recommendation or decision to:

(a) deny issuance, transfer, or renewal of any or all licenses applied for;

(b) impose conditions in lieu of denying issuance, transfer, or renewal of any or all licenses

applied for;

(d) impose conditions in lieu of revoking any or all of a licensee’s licenses; or

(e) deny, in part or in full, any request to modify or remove conditions imposed upon any

licensee in lieu of denying any application for the issuance, transfer, or renewal of any

license, or in lieu of revoking any or all of a licensee’s licenses, including by modifying

such conditions imposed in any manner other than the manner requested.

Sec. 4-401. – Applications submitted to business development services.

(a) All applications under this Chapter shall be submitted to the Macon-Bibb County Department of

Business Development Services. It shall be the responsibility of each applicant to ensure that

they have fully complied with this Chapter, and are submitting a complete application.

(b) The Department of Business Development Services shall not accept any incomplete

applications, or any applications for which the appropriate fee is not paid in full at the time of

submission. Any incomplete applications inadvertently accepted shall, upon discovery, be

returned without adjudication, along with a refund of all fees submitted therewith, and the

applicant informed of the deficiencies therein. The applicant shall be permitted to complete

the application and submit it anew without any delay or adverse effect, except that no

application will be considered submitted until it is complete.

event permits, special event permits, and home brew special event permits, and should issue

such licenses if it determines that the applicant has met all requirements of this Chapter. The

Department of Business Development Services shall not be required to accept any applications

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or issue any licenses for catered event permits, special event permits, or home brew special

event permits submitted less than eleven business days prior to the date of the event for which

a license is sought.

(d) If the Department of Business Development Services determines that an applicant for a

catered event permit, special event permit, or home brew special event permit has not met all

of the requirements for the license applied for, then the Department of Business Development

Services shall notify the applicant by telephone, at the number included in the application, of

any deficiencies in the application, and shall give the applicant an opportunity to correct such

deficiencies, or shall return the application as denied and refund the permit fee if the applicant

cannot correct any deficiencies in a timely manner. Upon request from the applicant, the

Department of Business Development Services shall refer any denied request to the Sheriff

for further review in accordance with this Article, without refunding said permit fee; provided

that such review shall proceed along the same timeline as any other license reviewed by the

Sheriff under this Article.

(e) Upon receipt of any application for a license under this Chapter other than a catered event

permit, a special event permit, or a home brew special event permit, the Department of

Business Development Services should promptly cause a complete copy of the application

materials to be transmitted to the Sheriff’s Office for further review in accordance with this

Article.

(f) Each license granted under this Chapter shall be issued by the Department of Business

Development Services, and shall state on its face the type of license it is, and shall be

individually numbered.

Sec. 4-402. – Sheriff to make recommendations to commission.

(a) Upon receipt of an application from the Department of Business Development, the Sheriff of

Macon-Bibb County shall review all applications for the issuance, transfer, or renewal of any

license under this Chapter, and shall make a recommendation, in writing, to the Macon-Bibb

County Commission. In making this review, the Sheriff shall be authorized to consider any

information from any source regarding the applicant, any owner, the agent, or the location for

which a license is sought. The Sheriff’s review shall not be required to include independently

verifying the information provided by an applicant on an application. The Sheriff’s

recommendation shall indicate whether the Sheriff recommends granting, denying, or granting

with conditions the license application in question, and shall include the Sheriff’s particular

reasons for making such recommendation. Where the Sheriff recommends granting a license

with conditions, the recommendation shall include the particular conditions the Sheriff would

impose, as well as the particular reasons for imposing such conditions.

(b) Separate recommendations shall be made for each initial license application, and each license

renewal or transfer application, except that the Sheriff may submit as a single bulk item his or

her recommendation to approve any or all license renewals which meet the following

conditions:

(1) Each such renewal application was timely submitted, and all renewal fees were timely paid;

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(2) Each such renewal is limited only to licenses presently held by the applicant, and does not

seek to add to the categories of licenses held by that applicant; provided, however, that an

application seeking to renew some, but fewer than all, categories of licenses currently held

under this Chapter may still be included in a bulk recommendation to approve renewal under

this paragraph;

(3) The renewal application does not seek to change the licensee, licensed location, or agent

of record under the license;

(4) In the Sheriff’s opinion, there have been no material or unfavorable changes in the

operations or community impact of each such business applying for renewal since such

business’s license under this Chapter was last issued or renewed;

(5) The Sheriff did not perform a review of any such license pursuant to paragraph (c) of this

Section during the two calendar years preceding the date of the renewal application; and

(6) In the Sheriff’s opinion, each such licensee remains qualified for licensure under this

Chapter and is entitled to renewal of all licenses designated in that business’s renewal

application; provided that, if conditions have previously been imposed on the licensee in lieu

of denial or revocation of any license under this Chapter, then it is also the Sheriff’s opinion

that the conditions imposed are being complied with, and that it is not necessary to impose

any further conditions on said licensee.

Chapter so as to ensure compliance with the provisions of this Chapter and with all State laws

relating to the manufacture, distribution, sale, service, or consumption of alcoholic beverages.

The Sheriff shall be authorized to undertake a review of any license issued under this Chapter

for the purpose of considering whether to take any Adverse Action against such business if,

at any time during the effective period of any license issued under this Chapter, the Sheriff

becomes aware of any of the following:

(1) the performance of any act prohibited by this Chapter or the failure to perform any act

required by this Chapter as well as the violation of any law, state or federal, relating to the

business of the licensee. If such act, omission or violation is done by an agent, servant,

employee, or officer of the licensee, the lack of knowledge on the part of the licensee or the

lack of authorization for such act or omission or violation shall be no defense;

(2) the entry of a plea of guilty or nolo contendere, or the conviction of any licensee, partner,

or any officer, director or stockholder of a licensed corporation with respect to a charge of

violation of any of the laws of the United States or of the state relating to alcohol control, or

any crime, whether a felony or not, involving moral turpitude;

(3) any other act or omission with respect to the operation of a business licensed hereunder

which the commission or its designee shall find to be contrary to the public interest, or which

shall render the licensee, or the business location thereof, unfit for the continued operation of

the business;

(4) a material change in conditions of the premises or the structures or facilities located

thereon;

(5) a material change in the nature or scope of the operations of the licensed business with

respect to those activities for which such business is licensed under this Chapter; or

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(6) the occurrence of any event or events during the preceding calendar year, at or within 100

yards of the licensed business, whether related to each other or unrelated, or the commission

of any act or acts in any place by the licensee or the business’s owners or managers, which, in

the aggregate, would cause the Sheriff to materially alter his or her recommendation as to the

suitability of such business for the licenses it possesses or the need for conditions to be

imposed on such licensee, upon consideration of the following:

(A) Whether any such events constitute a crime under the laws of the United States, the

State of Georgia, or the Macon-Bibb County Code of Ordinances;

(B) The fact or severity of any personal injuries or loss of life suffered in any such

event, as well as the number of people injured or killed therein;

(i) the use or brandishing of any firearm or other weapon;

(ii) the use, purchase, sale, or distribution of Controlled Substances, in violation of

Chapter 13 of Title 16 of the Official Code of Georgia Annotated;

(iii) gang activity;

(iv) the commission of any Sexual Offenses, in violation of Chapter 6 of Title 16 of the

Official Code of Georgia Annotated; or

(v) unlawful Gambling, in violation of Article 2 of Chapter 12 or Title 16 of the Official

Code of Georgia Annotated;

(vi) the violation of any laws of the United States, the State of Georgia, or the Macon-

Bibb County Code of Ordinances relating to the manufacture, distribution, sale, service, or

consumption of alcohol;

(D) The degree of knowledge, complicity, or involvement, and the actions of the

licensee; or of the business’s owners, agents, employees, or customers, with respect to such

events; and

(E) Any other factors which the Sheriff is charged with reviewing or which the County

is authorized to consider as part of an initial license application under this Chapter.

(d) Upon completing any review under paragraph (c) of this Section, the Sheriff should prepare a

written report identifying the licensee and all current licenses issued under this Chapter to said

licensee for any businesses or locations within Macon-Bibb County; the particular

business(es) or location(s) for which the review was performed; the reasons for which a review

was initiated; any findings or conclusions made as a result of that review; and stating whether

the Sheriff recommends no changes for the licensee, or specifying any Adverse Actions the

Sheriff recommends taking against such licensee. Copies of this report shall be sent to the

licensee’s registered address, as well as to the Department of Business Development Services,

the Macon-Bibb County Commission, and the County Attorney. There shall be no limit to

the frequency with which the Sheriff shall be authorized to review any particular licensee,

provided that no Adverse Actions shall be recommended or taken based on information which

was previously disclosed as part of an application by the licensee to obtain, renew, or transfer

any license under this Chapter, or as part of any proceedings relating to the consideration

thereof.

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(e) If, upon completing any license review under paragraph (c) of this Section, the Sheriff makes

a determination that the factors considered under paragraph (c) create a particular and severe

risk of injury or death to any person or to any member of the public at large, then the Sheriff

shall have the authority to immediately revoke on a temporary basis all licenses issued under

this Chapter to such licensee, for no more than ninety (90) days or until such time as the

Macon-Bibb County government reaches a final administrative decision on the determination,

whichever occurs first.

(f) In the event that any licensee reviewed under paragraph (c) of this Section applies for the

issuance, renewal, or transfer of any license under this Chapter, whether for the same business

or location or otherwise, within two years of the date of such review, then the Sheriff shall

include a copy of the written report prepared pursuant to paragraph (d) of this Section as an

attachment to the new recommendation made pursuant to paragraph (a) of this Section.

(g) No recommendation or finding by the Sheriff shall be considered to be final.

Sec. 4-403. – Committee of the Whole of Macon-Bibb County Commission or Mayor to review

Sheriff’s recommendations.

(a) Any bulk item recommendations submitted by the Sheriff pursuant to Sec. 4-402(b) shall be

automatically referred by the Clerk of Commission to the Mayor, who shall be authorized to

directly approve such any or all of the renewal applications within said bulk item, without

further action of the Macon-Bibb County Commission. The Mayor shall further be authorized

to refer any or all individual renewal applications within such bulk items to be considered by

the Committee of the Whole as though it were not submitted by the Sheriff as part of a bulk

item recommendation. Any renewal application which the Mayor does not wish to approve

shall be so identified, and shall be individually referred to the Committee of the Whole as

though it were not part of a bulk item recommendation from the Sheriff.

(b) Upon receipt of any application from the Sheriff pursuant to Sec. 4-402 of this Chapter, or

from the Mayor pursuant to paragraph (a) of this Section, the Macon-Bibb County

Commission shall place consideration of the application on the agenda of the next regular

meeting of the Committee of the Whole which is not less than five days after the

Commission’s receipt of said recommendation.

including the date, time, and location of such meeting, pursuant to paragraph (a) of this

Section, shall constitute notice to the applicant or licensee that is the subject of the agenda

item of the fact that the Sheriff’s recommendation on said application or license is being

considered by the Committee of the Whole. It shall be the duty of any applicant or licensee

to check meeting agendas as they are published by the Macon-Bibb County Clerk of

Commission in order to see when his or her application or license is under consideration.

(d) During consideration of any agenda item pursuant to this Section, the applicant or licensee

identified on the application or license under consideration shall be authorized to speak to the

Committee of the Whole, to address the Sheriff’s recommendations, and to present any

witnesses to speak on his or her behalf, for an aggregate total of no more than ten minutes,

plus additional time to answer any questions from the committee members. The applicant or

licensee may appear or speak through counsel, but is not required to do so. There shall be no

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requirement for the Sheriff or his or her designee to appear before the Committee of the

Whole, or to produce any evidence other than the Sheriff’s written recommendation itself; and

the applicant or licensee shall have no right to cross-examine any person opposing the

application or license. The committee may hear public or official comment in support of or

opposition to the application or license, but is not required to do so.

(e) After considering any written recommendation of the Sheriff pursuant to paragraph this

Section, and any statements received pursuant to paragraph (c) of this Section, the Committee

of the Whole shall make a recommendation to the Macon-Bibb County Commission as to a

final action to be taken with respect to each application or license under consideration.

(1) For each application or license which the Committee of the Whole recommends to grant or

renew or transfer in full, or to allow to remain in effect in full, or to renew or allow to remain

in effect without the imposition of any conditions not previously imposed, or to accept in full

any request to modify or remove conditions previously imposed in lieu of denial or revocation,

the Committee of the Whole shall refer the matter directly to the Macon-Bibb County

Commission for consideration at its next regular meeting, including any meeting immediately

following the meeting of the Committee of the Whole.

(2) For each application or license which the Committee of the Whole recommends taking any

Adverse Action, the Committee of the Whole shall state its reasons for making such

recommendation, and shall refer the matter to the County Attorney’s Office for the purpose

of preparing a written statement of recommendation and notice of rights, as set out in Section

4-404 of this Chapter. Such matters shall automatically stand tabled by the committee. It is

the intention of this Section to modify the rules of order set out in this Code with respect to

the effect of such a recommendation vote.

Sec. 4-404. – Statement of recommendation and notice of rights by County Attorney.

Upon receipt of any recommendation from the Committee of the Whole of the Macon-Bibb

County Commission, pursuant to Sec. 4-403(e)(2) of this Chapter, the County Attorney shall

prepare a written statement, informing the applicant or licensee of the recommendation from

the Committee of the Whole, and identifying those facts or persons supporting the

committee’s recommendation. The statement shall also include a certified copy of this

Chapter. If the Clerk of Commission has provided a form for the purpose of requesting a

hearing under Sec. 4-405(c) of this Chapter, then the County Attorney should enclose a copy

of that form along with the statement provided for in this Section. The statement shall be sent

by Certified Mail, return receipt requested, or by private overnight courier service with a

signature required upon receipt, to the business address provided on the application for the

license in question.

Sec. 4-405. – Request for hearing.

(a) Upon receipt of the statement described in Sec. 4-404 of this Chapter, an applicant or licensee

shall have ten days from the date of receipt in which to file a request for hearing with the Clerk

of the Macon-Bibb County Commission. All statements sent in accordance with Sec. 4-404

shall be deemed received on the earlier of the date of actual receipt, or three days from the

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date of sending. In the event that the deadline for filing such request for hearing falls on a

Saturday, Sunday, State or County holiday, or other day on which the Office of the Clerk of

Commission is closed for the transaction of ordinary business, then such deadline shall be

extended to the next day in which the Office of the Clerk of Commission is open. Any request

not physically received by the Clerk of Commission in the time provided herein shall be

deemed untimely.

(b) Wherever any applicant or licensee fails to request a hearing on the recommendation from the

Committee of the Whole, or files an untimely request for hearing, that applicant or licensee

shall be deemed as a matter of law to have consented to the disposition recommended by the

Committee of the Whole without further hearing or due process.

Section, but any request shall be deemed sufficient provided that it is made in writing;

identifies the business name and address for the application or license for which a hearing is

requested; states that a hearing is being requested; and is signed and dated by the applicant or

licensee.

(d) Upon receipt of any request for hearing pursuant to this Section, whether timely or untimely,

the Clerk of Commission shall forward a copy of the same to the County Attorney.

Sec. 4-406. – Notice of hearing by County Attorney.

(a) If a request for hearing filed under Sec. 4-405 of this Chapter is untimely, or if no request is

timely received, then the County Attorney shall report that fact to the Clerk of the Macon-

Bibb County Commission, and the Macon-Bibb County Commission shall be immediately

authorized to act upon the recommendation of the Committee of the Whole without further

process.

(b) If a request for hearing is timely, the County Attorney shall notify the Mayor and Macon-Bibb

County Commission of the fact that a hearing must be held. The hearing shall be conducted

by a special master appointed by the Mayor, who shall be an attorney licensed to practice law

in the state of Georgia for at least three years preceding the appointment, or by the Municipal

Court of Macon-Bibb County. The County Attorney shall schedule the hearing to occur no

sooner than fifteen days following receipt of the request for hearing, but otherwise without

undue delay, for a time that is mutually convenient to the County, the applicant, and the

special master. Upon scheduling, the applicant or licensee shall have a one-time right to

demand in writing that the hearing be continued for a period certain of not more than thirty

days, or to be rescheduled; but shall not be entitled to any further continuances or rescheduling

thereafter. If the applicant or licensee chooses to exercise the right of extension provided for

in this paragraph, then any temporary revocation of such license pursuant to Sec. 4-402 shall

be extended for the same number of days.

been scheduled, including the date, time, and location of the hearing, and the identity of the

presiding officer. Notice shall be provided in the same manner as the statement of

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recommendation described in Sec. 4-404 of this Chapter, except that notice shall be sent as

early as practicable, but in any event no later than ten days prior to the date of the scheduled

hearing. Such notice shall include an additional copy of the statement prepared pursuant to

Sec. 4-404, as well as an additional copy of this Article.

(d) The County Attorney shall also arrange for notice of the hearing to be displayed for the public

in the ordinary place within the County Government Center for the displaying of public

notices no later than ten days prior to the date of the scheduled hearing.

Sec. 4-407. – Conduct of hearing on recommendation from Committee of the Whole.

(a) All hearings held under this Chapter shall be open to the public and taken down by a certified

court reporter. The County shall pay from the general fund to share in the take-down and

transcription costs charged by the court reporter. Evidence presented in support of the

Committee of the Whole’s recommendation will be presented by the County Attorney or his

or her designee.

(b) All applicants and licensees shall have a right to appear by and through counsel at any hearing

upon any recommendation from the Committee of the Whole. Where an applicant or licensee

is a corporation or business entity, it shall also have a right to appear and testify by and through

any owner, member, officer, shareholder, manager, or agent thereof. No counsel shall be

appointed for any applicant or licensee unable to afford representation.

applicant or licensee; or to present documentary or other evidence supporting the applicant or

licensee.

(d) The Sheriff or his or her designee may testify at each such hearing to address the

recommendations made by the Sheriff to the Committee of the Whole, and the evidence and

reasons therefor. The County Attorney shall also be entitled to call any person to testify.

(e) All applicants and licensees, as well as the County Attorney, shall have an opportunity to

cross-examine any adverse witnesses testifying in such hearings. The County Attorney or his

or her designee shall also have the opportunity to cross-examine the applicant or licensee.

(f) In all hearings under this Section, the applicant or licensee shall have the burden of proving

all matters of fact by a preponderance of the evidence. As the party with the burden of proof,

the applicant or licensee shall present opening statements and evidence first; shall have an

opportunity to present rebuttal evidence following the County Attorney’s presentation of

evidence; and shall have the first and last word as part of closing arguments. Each side shall

be limited to five minutes for opening statements, thirty minutes for the presentation of

evidence, and fifteen minutes for closing arguments.

(g) There shall be no formal rules of evidence in effect for hearings under this Section. However,

mere speculation or statements of opinion not supported by fact shall not be considered as

evidence and shall be entirely disregarded by the special master. Other forms of relevant

testimonial, documentary, or physical evidence shall all be admissible, including, without

limitation, leading questions, hearsay, and unauthenticated documents. The special master

shall evaluate all evidence based on the apparent truth and reliability thereof.

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(h) The special master shall make no formal findings at the hearing.

(i) Following the hearing, the court reporter shall transcribe the proceedings, and the county shall

pay for a digital copy and for sealed and unsealed paper copies of the transcript. The digital

copy shall be provided to the special master, to the County Attorney, and to the Macon-Bibb

County Commission. The sealed paper original shall be retained by the County Attorney

unless and until it must be filed with a court. The unsealed paper copy shall be filed with the

Clerk of Commission. The applicant or licensee shall have the right to obtain a copy of the

transcript by sharing in the takedown and transcription costs charged by the court reporter,

and by paying the court reporter the usual and customary fees for such transcript.

(j) As soon as practicable following the receipt of the transcript of proceedings, the special master

shall prepare a written opinion containing separately enumerated findings of fact. The special

master shall not make any conclusions of law in his or her opinion. Upon completion of the

opinion, the special master shall sign and date the opinion, and shall present the same to the

County Attorney and to the applicant or licensee. The special master’s findings of fact shall

be considered binding and final, so long as they are supported by any evidence.

(k) Upon receipt of the special master’s opinion, the County Attorney shall present his or her final

recommendation to the Macon-Bibb County Commission by filing the same with the Clerk of

Commission, along with the special master’s opinion, and by providing a copy of the same to

the applicant or licensee, in substantially the following form:

(1) The County Attorney shall prepare an opinion stating whether the applicable laws require

the Macon-Bibb County Commission to take any action, or prohibit the Macon-Bibb

County Commission from taking any action, including, but not limited to, granting or

denying any application, renewal, or transfer; imposing or removing any conditions on a

license in lieu of denial or revocation; or revoking any license. To the extent that the

applicable laws allow for, but do not require, the taking of any action, including, but not

limited to, the foregoing, then the County Attorney shall also advise the Macon-Bibb

County Commission of all available options.

(2) For each required, prohibited, or permissible outcome on which the County Attorney

advises the Macon-Bibb County Commission pursuant to paragraph (l)(2) of this Section,

the County Attorney shall cite to particular findings of fact in the special master’s opinion

which support that conclusion. The County Attorney shall also cite to all statutes,

ordinances, and other sources of law which relate to each item of advice given to the

Macon-Bibb County Commission.

(3) The County Attorney shall also recommend a final course of action for the Macon-Bibb

County Commission, in light of the special master’s findings of fact and the County

Attorney’s opinions at law provided.

Sec. 4-408. – Appointment and compensation of special master.

Any person serving as special master pursuant to this Chapter shall be compensated from the

general fund at a reasonable and customary rate for the provision of similar services to public

entities in the Middle Georgia region. Each appointment under this Section shall be limited to

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hearing a single matter, and shall terminate upon the presentation of an opinion of facts to the

County Attorney.

Sec. 4-409. – Consideration by Macon-Bibb County Commission.

(a) Upon consideration of any agenda item referred to the Commission by the Committee of the

Whole, pursuant to Sec. 4-403(d)(1), the Commission shall be authorized to take any action on

the agenda item, other than an Adverse Action, without further process. If the Commission

indicates by vote that any Adverse Action should be taken on said agenda item, then the

Commission shall indicate its reasons for taking such Adverse Action, and the agenda item

shall automatically stand tabled and subject to reconsideration, and the matter shall be referred

to the County Attorney as though it had been referred to the County Attorney pursuant to Sec.

4-403(d)(2). It is the intention of this Section to modify the rules of order set out in this Code

with respect to the effect of such a vote.

(b) Upon receipt of notification, pursuant to Sec. 4-406(a), that no request for a hearing was timely

submitted following the applicant’s or licensee’s receipt of a statement under Sec. 4-404, the

Clerk of Commission shall be authorized to place the final consideration of the

recommendation of the Committee of the Whole on the agenda of the next regular meetings of

the Committee of the Whole and the Macon-Bibb County Commission scheduled for not fewer

than five days from the date the Clerk of Commission is so notified.

the Clerk of Commission shall be authorized to place the final consideration of the

recommendation from the County Attorney on the agenda of the of the next regular meetings

of the Committee of the Whole and the Macon-Bibb County Commission scheduled for not

fewer than five days from the date the Clerk of Commission is so notified.

(d) The publication of any item on the agenda of any meeting of the Committee of the Whole or

the Macon-Bibb County Commission, including the date, time, and location of such meeting,

pursuant to paragraph (a) of this Section, shall constitute notice to the applicant or licensee that

is the subject of the agenda item of the fact that the Sheriff’s recommendation on said

application or license is being considered by the Committee of the Whole. It shall be the duty

of any applicant or licensee to check meeting agendas as they are published in order to see

when his or her application or license is under consideration. The applicant or licensee shall

be permitted to appear at either the Committee of the Whole meeting or at the Commission

meeting, or both, to address the limited subject of any errors which the applicant or licensee

perceives in either the findings of fact by the special master, or the opinion at law of the County

Attorney. The applicant or licensee may appear through counsel, if desired, but shall not be

entitled to present additional evidence or witnesses at this time, and shall be limited to no more

than ten minutes before the Committee of the Whole and five minutes before the Commission.

(e) Copies of all proceedings, hearing records, and final decisions of the Macon-Bibb County

Commission shall be included in the file of any applicant or licensee on record with the

Sheriff’s Office and the Department of Business Development Services, or any successor

department, and shall be made available for a reasonable copying charge to the applicant or

licensee in question. The County Attorney shall, following the final decision of the Macon-

Bibb County Commission on any licensing matter, mail a written copy of that decision, along

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with the reasons therefor, to the applicant or licensee, pursuant to O.C.G.A. § 3-3-2(b)(2). A

copy of this written decision shall also be kept in the applicant’s or licensee’s file with the

Department of Business Development Services.

Sec. 4-410. – Appeal from consideration by Macon-Bibb County Commission.

Any applicant or licensee wishing to appeal from a final decision by the Macon-Bibb County

Commission shall do so by petition for writ of certiorari to the Superior Court of Macon-Bibb

County, filed within the time permitted by law for such petitions.

Sec. 4-411 – Conditions imposed in lieu of denial or revocation.

In lieu of denying any application for the issuance, renewal, or transfer of any license under this

Chapter, or in lieu of revoking any license issued under this Chapter, the Macon-Bibb County

Commission shall be authorized to issue, renew, transfer, or allow to remain in force any or all

licenses under consideration, subject to any conditions of the Macon-Bibb County Commission’s

choosing, so long as the conditions imposed are reasonably supported by the particular facts and

circumstances of a licensee’s operations, location, or history; and reasonably address those

particular facts and circumstances which concern the Macon-Bibb County Commission.

The Macon-Bibb County Commission shall be authorized to impose conditions upon any applicant

or licensee, notwithstanding the fact that the particular facts and circumstances of a licensee’s

operations, location, or history do not directly rise to a level sufficient to warrant the denial of a

license application, or the revocation of a license, so long as any of the objective factors considered

under this Chapter in evaluating an application or license weigh negatively upon such application

or license. Any time conditions are imposed, the Macon-Bibb County Commission shall provide

a period of time in which each condition shall be complied with. It shall be the duty of the licensee

to demonstrate to the satisfaction of the Sheriff, or his or her designee, that all conditions imposed

are timely complied with, and remain in compliance. Upon a satisfactory showing of compliance,

the Sheriff shall provide notice of the licensee’s compliance to the Macon-Bibb County

Commission and County Attorney, and shall furnish a copy of such notice to the licensee.

Conditions imposed shall remain in force in perpetuity, unless the Macon-Bibb County

Commission expressly limits the duration thereof. The failure to comply with any conditions

imposed shall be grounds for denying or revoking any license until the licensee comes into

compliance therewith.

Conditions which may be imposed under this Section include, but are not limited to, the following:

(a) Requirements, notwithstanding the provisions in Sec. 4-40, for the installation of security

systems, including specifications on the number or location of cameras or other security

devices; camera resolution; the use of color video feeds; the use of audio feeds; retention

periods of all security footage; or other details or specifications thereof;

(b) Requirements to maintain certain levels of staffing at all times, including managerial or

ownership presence, or to maintain certain levels of security staff, or to maintain staff with

certain specified relevant training or experience;

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owners from a business enterprise;

(d) Requirements to maintain certain lighting levels within the business, or on the exterior

premises thereof;

(e) Requirements to notify the Bibb County Sheriff’s Office of certain specified activities on the

premises;

(f) Prohibitions on the bringing of weapons onto the premises;

(g) Limitations on days, dates, or times of operation;

(h) Limitations on quantities of alcohol which may be sold as part of a single transaction; or which

may be sold to or for a single customer within a single business day;

(i) Limitations on the number of customers that may be on the interior or exterior of the premises

at any given time;

(j) Requirements to submit documentation in order to allow the Bibb County Sheriff’s Office to

verify compliance with conditions imposed;

(k) Requirements limiting patronage to only customers age twenty-one and over, whether at all

time and days, or at certain times or on certain days;

(l) Requirements to come into compliance with all other applicable laws or regulations within a

certain period of time; or

(m) Any other conditions which may be crafted to address the particular concerns of the Macon-

Bibb County Commission.

Sec. 4-412. – Requests to modify or remove conditions imposed.

(a) Where any condition is imposed on any licensee under this Chapter in lieu of denying issuance,

renewal, or transfer of a license, or in lieu of revoking any license, the licensee shall have no

opportunity to challenge or seek removal or modification of the conditions imposed for a

period of one year from the later of the date on which the conditions were first imposed or the

date on which any appeal affirming the imposition of any or all conditions became final.

(b) After the expiration of the time period set out in paragraph (a), above, any licensee shall be

authorized to request in writing that the Sheriff undertake a review as to the ongoing

appropriateness of the conditions imposed upon said license. The request shall identify those

particular conditions which the licensee would like to have modified or removed, and shall

include any information or evidence supporting the licensee’s request which the licensee would

like the Sheriff to consider. The request shall be submitted to the Department of Business

Development Services, which shall promptly forward copies of the same to the Sheriff, the

Clerk of the Macon-Bibb County Commission, and the County Attorney.

the site and activities of the licensee in the manner described in Sec. 4-402(c). The Sheriff

shall consider all materials submitted by the licensee as part of this review, and shall prepare a

written report and recommendation as described in Sec. 4-402(d), including particular

recommendations as to each request made by the licensee to modify or remove any conditions

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previously imposed. In the event that a condition is to be modified, it need not be modified in

the manner or to the degree requested by the licensee.

(d) The Sheriff’s review under this Section shall be plenary, and nothing in this Section shall

prevent the Sheriff from recommending the imposition of new conditions upon any licensee in

lieu of revocation of any licenses, or from recommending the revocation of any license if the

Sheriff learns of information during such review which would support any such

recommendation; provided that no conditions previously imposed shall be made more

restrictive, and no other Adverse Actions shall be taken, based on information which was

previously disclosed as part of an application by the licensee to obtain, renew, or transfer any

license under this Chapter, or as part of any proceedings relating to the consideration thereof.

(e) Copies of any review completed under this Section shall be forwarded to the Department of

Business Development Services, the Macon-Bibb County Commission, and the County

Attorney. Upon receipt by the Macon-Bibb County Commission, further proceedings shall

continue as under Sec. 4-403(a), and all subsequent procedures shall be identical to those

procedures which apply to recommendations made by the Sheriff pursuant to sec. 4-402.

(f) Nothing in this Section shall prohibit the Sheriff from including any licenses reviewed pursuant

to this Section as part of a bulk recommendation for renewal under Sec. 4-402(b), if all

requirements for doing so are met.

(g) No licensee shall have the right to request any modification or removal of conditions imposed

while any prior request made under this Section is pending, or for a period of one year after

the later of the date upon which a final decision is made on any prior request under this Section

or the date on which any appeal affirming an Adverse Action taken as a result of any prior

request made under this Section becomes final.

ARTICLE XII – LICENSING FOR ALCOHOL HANDLERS

Sec. 4-500. – “Alcohol Handler” defined.

For purposes of this Article, the term “Alcohol Handler” shall refer to any natural person who

(a) is employed or contracted to perform work in Macon-Bibb County by any person or

entity licensed under this Chapter for the sale, service, dispensing, or distribution of

alcoholic beverages at retail, which licensee does not derive greater than fifty percent

(50%) of gross annual revenues from the sale of food; and

(1) who, as a normal part of his or her duties is required to pour, mix, or open alcoholic

beverages for retail consumption on the premises so licensed; or

(2) who, as a normal part of his or her duties is required to supervise or manage any

person who, as a normal part of his or her duties is required to pour, mix, or open

alcoholic beverages for retail consumption on the premises so licensed.

(b) holds a twenty-five percent (25%) or greater ownership interest, whether directly or

through any number of legal entities, in any business or operation licensed under this

Chapter for the sale, service, dispensing, or distribution of alcoholic beverages at retail;

provided that this requirement shall not apply if the licensed business is a publicly

traded company; or

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for any person or entity licensed under this Chapter for the sale, service, dispensing, or

distribution of alcoholic beverages at retail.

Sec. 4-501. – Alcohol handler’s license required.

(a) No person shall be employed or contracted to perform work in Macon-Bibb County as an

Alcohol Handler after April 1, 2019, unless such person possesses a valid license pursuant

to this Article or otherwise acquires a valid license pursuant to this Article within ten days

of first being employed or contracted to perform work as an Alcohol Handler.

(b) Any person or entity licensed under this Chapter for the sale, service, dispensing, or

distribution of alcoholic beverages at retail shall be in violation of this Section unless every

person who is an Alcohol Handler as a result of his or her relationship to such licensee

possesses a valid license pursuant to this Article within ten days of forming such

relationship, and continuously maintains in good standing a valid license pursuant to this

Article throughout the term of such relationship.

Sec. 4-502. – Licensing requirements.

Any person may be licensed under this Article if they do the following:

(a) Complete a training course approved by Macon-Bibb County, which covers, at a minimum,

the following subjects:

i. responsible sales and service of alcoholic beverages;

ii. identifying false or counterfeit ID cards;

iii. state and local laws governing the sales and service of alcohol beverages; and

iv. criminal and civil liabilities and other consequences for violations of alcoholic

beverage laws or ordinances, or for selling or serving alcoholic beverages

irresponsibly;

(b) Complete a license application, including:

i. the applicant’s name, home address, mailing address, telephone number, email

address, social security number, date of birth, and any other information deemed

necessary by Macon-Bibb County;

ii. proof of the applicant’s identity;

iii. proof of successful completion of the requirements set forth in paragraphs (a) and

(b) of this Section;

iv. SAVE verification through the United States Citizenship and Immigration

Services component of the United States Department of Homeland Security;

v. a current photograph of the applicant; and

vi. a notarized sworn statement attesting to the accuracy and completeness of all

information submitted; and

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(d) Applicants for an Alcohol Handler’s license shall not be required to pay the application fee

provided for in Sec. 4-23(b).

Sec. 4-503. – Issuance of licenses.

Upon satisfaction of all requirements, as set forth in Sec. 4-502 of this Code, the Macon-Bibb

County Department of Business Development Services, or any successor department, shall issue

the applicant a license. The license shall be issued in the name of the Alcohol Handler, and not in

the name of his or her employer. A single license shall be valid for the performance of all Alcohol

Handler duties performed for any number of employers, locations, or venues within Macon-Bibb

County. The license shall be of suitable size and construction to be carried around on the licensee’s

person at all times.

Sec. 4-504. – Expiration of licenses.

Each license issued under this Article shall expire on December 31

of the calendar year for which

the license is issued. Each licensee shall know for himself or herself when his or her license

expires, and shall not be authorized to work as an alcohol handler under this Article until such

license is renewed.

Sec. 4-505. – Renewal of licenses.

Each person licensed under this Article shall be eligible to renew such license any time after

September 1

of each year. A renewal license shall take effect on January 1

of the following

year. Each licensee must meet the following requirements in order to renew his or her license:

(a) Complete a training course approved by Macon-Bibb County, which covers, at a minimum,

the following subjects:

i. responsible sales and service of alcoholic beverages;

ii. laws governing the sales and service of alcohol beverages; and

iii. criminal and civil liabilities and consequences for violations of alcoholic beverage

laws or ordinances, or for selling or serving alcoholic beverages irresponsibly; or

provide proof of completion of an approved training course within three calendar years prior to

the date on which the renewal license is to take effect.

(b) Complete a license renewal application, providing or updating the following:

i. the applicant’s name, home address, mailing address, telephone number, email

address, social security number, date of birth, and any other information deemed

necessary by Macon-Bibb County;

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ii. proof of the applicant’s identity;

iii. proof of successful completion of the requirements set forth in paragraphs (a) and

(b) of this Section;

iv. SAVE verification through the United States Citizenship and Immigration

Services component of the United States Department of Homeland Security;

v. a current photograph of the applicant; and

vi. a notarized sworn statement attesting to the accuracy and completeness of all

information submitted; and

(d) Applicants seeking to renew an Alcohol Handler’s license shall not be required to pay the

application fee provided for in Sec. 4-23(b).

Sec. 4-506. – Display of license upon demand.

(a) Each Alcohol Handler shall carry his or her license issued under this Article on his or her

person, or stored in a location so as to be immediately accessible at all times during which

such Alcohol Handler is performing any act of pouring, handling, serving, delivering,

dispensing, taking orders for, or selling alcoholic beverages at retail; or of observing

patrons or otherwise maintaining the security of the premises; or of supervising or

managing any person who, as a normal part of his or her duties is required to pour, handle,

serve, deliver, dispense, take orders for, or sell alcoholic beverages at retail; or who, as a

normal part of his or her duties is required to observe patrons or otherwise maintain the

security of the premises.

(b) Each Alcohol Handler, while performing the duties of an Alcohol Handler, shall

immediately produce his or her license issued under this Article upon demand by any law

enforcement officer or Macon-Bibb County code enforcement personnel. If any Alcohol

Handler fails to do so, then both the Alcohol Handler and the licensee for which the Alcohol

Handler is employed shall be each separately in violation of this Section; provided,

however, that later producing proof that the Alcohol Handler was validly licensed at the

time of demand, or was otherwise exempt from the licensing requirements imposed by this

Article shall be an absolute defense to any citation for violating this Section.

law enforcement officer or Macon-Bibb County code enforcement officer shall be

authorized to immediately confiscate any counterfeit license, or expired or revoked license,

which is presented to such officer at any time.

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Section 2.

Section 1 of Chapter 7 of the Inaugural Code of Ordinances for Macon-Bibb County, entitled

“Definitions” is hereby repealed in its entirety and reenacted to provide as follows:

Chapter 7 – BUSINESS REGULATIONS

ARTICLE I. - IN GENERAL

Sec. 7-1. - 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:

Business means any business, trade, occupation, vocation or calling of any kind for gain or

profit, directly or indirectly, provided that this shall not include any business, trade and the like

licensed by the state unless local government licensing is allowed by state law, nor shall it

include any business operated solely under a franchise granted by Macon-Bibb County.

Employee shall include:

(1) Every person in the service of or permitted to work for or under the direction and control

of, any such business, trade or occupation in any manner or means whatsoever, whether full time

or part time, whether working for regular salaries, wages or tips, wholly or partly on a

commission basis, or any combination thereof.

(2) Owners, officers or proprietors giving their personal attention to such business, trade or

occupation.

Engaged in business. Any person shall be deemed to be engaged in business and thus

subject to the requirements of this Chapter when he performs any act of selling any goods or

services or solicits business or offers goods or services for sale for payment in an attempt to

make a profit, including the sales or services of the character as made by a wholesaler or retailer

or involved in any of the functions performed as a manufacturer, either as an owner, operator or

agent in any business within Macon-Bibb County.

Privilege license means any license or permit requiring approval of the sheriff and any

license or permit wherein the business, trade or occupation is regulated and controlled by

ordinance of Macon-Bibb County. Every person receiving a license for any business, trade or

occupation, set forth as a privilege license, shall take such license subject to the continuing

compliance with the conditions set forth in this code, and the failure of any business, trade or

occupation to comply therewith at any time may result in the automatic suspension of such

license until such business, trade or occupation has complied therewith. Privilege licenses

specifically include, but are not limited to the following:

(1) Adult entertainer permit;

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(2) Adult entertainment establishment;

(3) Any license or permit issued pursuant to Chapter 4 of the Macon-Bibb County

Code of Ordinances, which Chapter relates to the licensure and regulation of

businesses with regard to the sales, service, and consumption of alcoholic

beverages;

(4) Billiard or pool hall;

(5) Dealers in precious metals and gems;

(6) Pawnbroker;

(7) Shooting range (indoor);

(8) Massage parlors.

Professional bondsmen means bondsmen or persons who hold themselves out as signers or

sureties of bonds for compensation.

Regulatory fees means payments, whether designated as license fees, permit fees, or by

another name, which are required by a local government as an exercise of its police power and

as a part of or an aid to regulation of an occupation, profession, or business. The amount of a

regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed

by Macon-Bibb County. A regulatory fee may not include an administrative fee or registration

fee. No local government is authorized to require any administrative fee, registration fee, or fee

by any other name in connection with a regulatory fee, except an occupation tax. Development

impact fees as defined by O.C.G.A. § 36-71-2(8) or other costs or conditions of zoning or land

development are not regulatory fees.

Section 3.

Section 15 of Chapter 16 of the Inaugural Code of Ordinances for Macon-Bibb County, entitled

“Dive Defined, prohibited, frequenting” is hereby repealed in its entirety and reenacted to provide

as follows:

Chapter 16 – OFFENSES

Sec. 16-15. - Dive defined; prohibited; frequenting.

(a) It shall be unlawful for any person, group of persons or organization to have, keep, operate, or

allow to be operated at a place or building owned by same, a dive.

(b) A "dive" is defined as any place or establishment where:

(1) Legal alcoholic beverages are sold without a proper license or permit; or illegal

alcoholic beverages, or other illegal drugs are found, possessed, kept or sold; or illegal

gambling activities are being conducted; or

(2) Any person is permitted to:

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a. purchase or consume any otherwise legal alcoholic beverages sold without a

proper permit or license, or

b. purchase or consume any otherwise legal alcoholic beverages at any

establishment, or on any premises, required under Chapter 4 of this Code to be

licensed in any way, whether or not so licensed, where such purchase or

consumption occurs outside of the legal hours of alcohol service, as provided in

Chapter 4 of this Code; or

c. purchase or consume any illegal alcoholic beverages, or

d. Possess or use any illegal drugs, or

e. Conduct or participate in illegal gambling activities; or

(3) Any person consumes or uses:

a. Any legal alcoholic beverages sold without a proper license permit, or

b. Illegal alcoholic beverages, or

c. Illegal drugs, or

(4) Any person participates in any illegal gambling activities; or

(5) Illegal transactions occur involving:

a. Any alcoholic beverages, legal or illegal, including the provision of alcoholic

beverages to, or consumption by, any person under the legal drinking age of 21

years; or

b. Any alcoholic beverages, legal or illegal, including the provision of alcoholic

beverages to, consumption by, any person outside of the legal hours of alcohol

service, as provided in Chapter 4 of this Code, except at private residences, as that

term is defined in Chapter 4 of this Code; or

c. Illegal drugs; or

d. Illegal gambling activities.

Section, for purposes of:

(1) Selling, purchasing or consuming any legal alcoholic beverage sold without a proper

permit or license; or

(2) Selling, purchasing, distributing, or consuming any legal alcoholic beverage outside of

the legal hours of service, as provided in Chapter 4 of this Code, except at private

residences, as that term is defined in Chapter 4 of this Code; or

(3) Selling, purchasing or consuming any illegal alcoholic beverages or illegal drugs; or

(4) Participating in any illegal gambling activities.

(d) When violators are charged under this Section, arresting officers may, consistent with state

law, seize all evidence of the violation, including money, alcoholic beverages, drugs, or evidence

of illegal gambling activities, and impound such evidence pending trial of the case, after which the

evidence shall be disposed of in a manner prescribed by state law and/or federal law.

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Section 4.

It is the intention of the Macon-Bibb County Commission that nothing herein shall be

interpreted as amending, altering, abolishing, discharging, or in any manner affecting any advisory

committees, fines, fees, charges, assessments, adjudications, or hearing procedures previously

established or adopted by Bibb County, or the City of Macon, or the Consolidated Government of

Macon-Bibb County, regarding any application previously filed for any privilege license relating

to the manufacture, distribution, or sales of alcoholic beverages in any form, or the granting, denial,

revocation, or suspension of any such license by Bibb County, the City of Macon, or Macon-Bibb

County, and that any such advisory committees, fees, charges, assessments, adjudications, or

procedures shall continue in full force and effect in Macon-Bibb County consistent with the

provisions of the Macon-Bibb County Charter, Ga. Law 2012, page 5595 and Ga. Laws 2013,

pages 3501, 3942.

Section 5.

The preamble of this Ordinance shall be considered to be and is hereby incorporated by

reference as if fully set out herein.

Section 6.

This Ordinance, to the extent necessary, shall be codified in a manner consistent with the

laws of the State of Georgia and Macon-Bibb County. Upon adoption, the Clerk of Commission

is hereby directed to send a certified copy of this Ordinance to the publisher of the Macon-Bibb

County Code of Ordinances for inclusion in future publications.

Section 7.

(a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections,

paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their

enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and

constitutional.

(b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to

the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of

this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this

Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission

that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase

of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or

phrase of this Ordinance.

shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable

by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of

the Macon-Bibb County Commission that such invalidity, unconstitutionality or

unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or

otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of

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the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences,

paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full

force and effect.

Section 8.

In the event scrivener’s errors shall be discovered in this Ordinance or in any Exhibits

hereto after the adoption hereof, the Commission hereby authorizes and directs that each such

scrivener’s error shall be corrected in all multiple counterparts of this Ordinance.

Section 9.

This Ordinance shall become effective as of January 1, 2019, upon its approval by the

Mayor or upon its adoption into law without such approval.

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