19 006
19 006
19 006
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WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State
in November 1982, and effective July 1, 1983, provides in Article IX, Section 2, Paragraph 1
thereof, that the governing authority of the County may adopt clearly reasonable ordinances,
WHEREAS, Federal Public Law 92-544 provides for national fingerprint-based criminal
history record checks for governmental entities to make a "fitness determination" for licensing
purposes; and
WHEREAS, O.C.G.A. § 35-3-35 (a)(l) provides that local governing authorities may
require, by ordinance, the fingerprinting of applicants or licensees for state and national criminal
the public health, safety, and welfare, and to adopt appropriate measures to enforce those
ordinances; and
WHEREAS, in the interests of the health, safety, and general welfare of the citizens of
Jackson County, Georgia, the Board of Commissioners of Jackson County desires to exercise its
WHEREAS, appropriate notice and hearing on the amendments contained herein have
ordains as follows:
Page 1
1. The text of Chapter 4 of the Jackson County Code of Ordinances is hereby replaced in
receive criminal history record infmmation from both the Georgia Crime Information
Center and Federal Bureau oflnvestigation for applicants desiring to obtain an alcohol
license pursuant to O.C.G.A. § 35-3-35 (a)(l) and Federal Public Law 92-544.
3. It is the express intent of the Jackson County Board of Commissioners that this
Ordinance be consistent with both federal and State law. If any provision of this
Ordinance or the application thereof to any person or circumstances is held invalid, the
invalidity shall not affect other provisions or applications of the Ordinance which can
be given effect without the invalid provision or application, and to this end the
4. All other ordinances shall continue in full force and effect and shall remain unaffected,
except where such ordinance, or part thereof, conflicts herewith, in which case such
5. This Ordinance shall become effective immediately upon the date of adoption.
'T
~12~
Tom Crow, Chanman
.
Attest:
Page 2
Exhibit A
ARTICLE I. - IN GENERAL
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning.
Applicant means any one or more persons applying for a license in the County or renewal
thereof.
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 beverages,
wine, or foiiified wine as defined in this section.
Auditorium means a permanent building or hall used for concerts, speakers, plays and similar
activities and that has a seating capacity in excess of 50 seats.
Board or Board of Commissioners means the Board of Commissioners of Jackson County,
Georgia.
County shall mean the County of Jackson and when used in a geographical sense means the
political subdivision of Jackson County outside the municipal limits of any city therein.
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.
License means the authorization by the Board to engage in the package sale or sale for
consumption on the premises of distilled spirits, wine, and malt beverages.
Licensed alcoholic beverage caterer means any holder of a class D license issued under this
chapter who derives at least 50 percent of its annual gross sales from the sale of meals or food
prepared on the premises of the caterer by the caterer and who otherwise qualifies with the
provisions set forth in O.C.G.A. Title 3, Chapter 11.
Licensee, under this Article, means any entity which seeks to obtain the class of license, as
defined in section 4-21, for the sale of distilled spirits, wine, or malt beverages must meet all of
the following criteria:
(1) ClassA-1 orA-2.
Page 3
a. Have a minimum of three full time employees;
b. Have a minimum of 15 paved off-street parking facilities;
c. Have a building or space therein for the reasonable use of its customers which it
owns, hires or leases;
d. Have a minimum of 70 percent of the gross income of the licensee deriving from the
sale of other retail merchandise or other similar sources relating directly to providing
goods or services to those being served by the licensee's premises. The County
reserves the right to analyze such income to determine if income is being allocated
in a manner calculated to avoid the terms of this provision. Any prices for retail
merchandise which is not a normal and reasonable charge shall be presumed to be an
attempt to avoid the terms of this provision; and
e. Have a minimum distance of 100 yards from any church building, government-
owned treatment center, or school building, educational building, school grounds, or
college campus, measured by a registered land surveyor in a straight line from the
front door.of the structure from which alcoholic beverages are sold or offered for sale
to either:
1. The front door of the building of a church or government-owned treatment
center; or
2. To the nearest property line of the real property being used for school or
educational purposes.
(2) Class B-1 or B-2.
a. Have a minimum of three full-time employees;
b. Have a minimum of 50 paved off-street parking facilities;
c. Have a building or space therein for the reasonable use of its guests which it owns,
hires or leases;
d. Have suitable kitchen and dining room space and equipment to serve meals or snacks
for its guests;
e. Have a minimum of 50 percent of the gross income of the licensee deriving from the
sale of food stuffs, the use of its recreational facilities or other similar sources relating
directly to providing goods or services to those being served by the licensee's
premises. The County reserves the right to analyze such income to determine if
income is being allocated in a manner calculated to avoid the terms of this provision.
The term "food stuffs" shall not include mixers or any other component of a wine or
malt beverage. Any price for foodstuff or services which is not a normal and
reasonable charge shall be presumed to be an attempt to avoid the te1ms of this
provision; and
f. Have a minimum distance of 100 yards from any church building, government-
owned treatment center, or school building, educational building, school grounds, or
college campus, measured by a registered land surveyor in a straight line from the
front door of the structure from which alcoholic beverages are sold or offered for sale
to either:
Page 4
1. The front door of the building of a church or government-owned treatment
center; or
2. To the nearest property line of the real property being used for school or
educational purposes.
(3) Class C-1.
a. Have a minimum of three full-time employees;
b. Have a minimum of 50 paved off-street parking facilities;
c. Have a building or space therein for the reasonable use of its guests which it owns,
hires or leases;
d. Have suitable kitchen and dining room space and equipment to serve meals or snacks
for its guests;
e. Have a minimum of 50 percent of the gross income of the licensee deriving from the
sale of food stuffs, the use of its recreational facilities or other similar sources relating
directly to providing goods or services to those being served by the licensee's
premises. The County reserves the right to analyze such income to determine if
income is being allocated in a manner calculated to avoid the terms of this provision.
The term "food stuff shall not include mixers or any other component of a distilled
spirit, wine, or malt beverage. Any price for foodstuff or services which is not a
normal and reasonable charge shall be presumed to be an attempt to avoid the terms
of this provision; and
f. Have a minimum distance of 100 yards from any church building or government-
owned treatment center or 200 yards of any school building, educational building,
school grounds, or college campus, measured by a registered land surveyor in a
straight line from the front door of the structure from which alcoholic beverages are
sold or offered for sale to either:
I. The front door of the building of a church or government-owned treatment
center; or
2. To the nearest prope1iy line of the real property being used for school or
educational purposes.
Malt beverage means any alcoholic beverage obtained by the fermentation of an infusion or
decoction of barley, malt, hops or any other similar product or any combination of such products
in water containing not more than six percent alcohol by volume and including ale, pmier, brown,
stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese
ncewme.
Moral Turpitude means, in relation to a criminal offense, a crime that is contrary to justice,
honesty, modesty, good morals or a person's duty to other people. Misdemeanors that are crimes
of moral turpitude for the purpose of this Chapter include, but are not limited to, theft, bad checks,
shoplifting, making terroristic threats, giving a false name to a police officer, false swearing,
forgery, fraud and extortion.
Person means an individual, firm, partnership, cooperative, non-profit membership
corporation, joint venture, association, company, corporation, corporation agency, syndicate,
Page 5
estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body
politic, or political subdivision, whether public, private, or quasi-public.
Premises means the premises described in a license issued pursuant to this Aliicle.
Proper Identification means any document issued by a governmental agency containing a
description of the person, such person's photograph, or both, and giving such person's date of birth,
including, but not limited to, a passport, military identification card, driver's license, or
identification card authorized under an Act to require the state depaiiment of public safety to issue
identification cards to handicapped persons who do not have a motor vehicle driver's license. The
term "proper identification" does not include a bitih certificate.
Restaurant means any public place kept, used, maintained, adve1iised and held out to the
public as a place where meals are served and where meals are actually and regularly served,
without sleeping accommodations, such place being provided with adequate and sanitary kitchen
and dining room equipment and having employed therein a sufficient number and kind of
employees to prepare, cook and serve suitable food for its guests. At least one meal per day shall
be served at least six (6) days per week, with the exception of holidays, vacations and periods of
redecorating, and the serving of those meals shall be the principal business conducted, with the
serving of alcoholic beverages to be consumed on the premises as only incidental thereto.
Sale means selling or offering for sale alcoholic beverages to any member of the public.
Wholesale or wholesale dealer means any person who sells alcoholic beverages to wholesale
dealers, to retail package dealers or to retail consumption dealers.
Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume
made from fruit, berries or grapes either by natural fermentation or natural fetmentation with
brandy added. The term includes, but is not limited to, all sparkling wines, champagnes,
combinations of such beverages, ve1mouths, special natural wines, rectified wines and like
products. The te1m does not include cooking wine mixed with salt or other ingredients so as to
render it unfit for human consumption as a beverage.
Any term not defined herein shall have that definition established by the provisions of the
Georgia Alcoholic Beverage Code (Title 3, O.C.G.A.).
Sec. 4-20. - Regulation of sales of distilled spirits, wine, and malt beverages.
It shall be unlawful for any person to sell or offer to sell any distilled spirits, wine, or malt
beverages without first complying with the rules and regulations set out in this Aliicle. Alcoholic
beverages may be sold in the County only by a licensee who complies with the rules and
regulations of this Article, and with the licensing, regulato1y, and revenue requirements of the
State of Georgia.
No distilled spirits, wine, or malt beverages shall be sold except under a license granted by
the Board, after notice and a public hearing as provided herein, or by the Public Development
Page 6
Department to a licensee. Application to sell distilled spirits, wine, or malt beverages as set out
herein below shall be made on forms provided by the Board as follows:
(1) All licensees.
a. For the remainder of the year 2009, applications will be considered anytime. For the
remainder of the year 2012, Class F, Class G, Class H, Class I and Class J
applications by existing license holders will be considered anytime. Any person
holding an existing Class A, B, C, Dor E license for 2012 who has not had a violation
of the terms of said license(s) and this Article, and who has not had a change of
ownership or corporate officer(s) who were the applicants on the current license, or
supervisory personnel holding alcohol service training ce1iificates as required by
subsection 4-25(5) may make application for a Class F, G, H, I or J license without
complying with subsection 4-21(1)c., (l)d., or (l)e., or section 4-25.
b. A license shall be valid only for the calendar year indicated thereon and no such
license may be renewed. A licensee who desires to continue in business during the
next or subsequent calendar year must make a new application for such year on or
before November 1st of the preceding year.
c. Each licensee of the County shall display the license prominently at all times at the
outlet for which the license is issued and must be presented to any law enforcement
officer, code enforcement officer, or any duly authorized employee of the Public
Development Department immediately upon request. A separate license must be
issued for each outlet of sale and a separate application must be made for each outlet.
(2) Class A-1. A Class A-1 license shall be required for the sale of wine by the package, not
for consumption on the premises.
(3) Class A-2. A Class A-2 license shall be required for the sale of malt beverages by the
package, not for consumption on the premises.
(4) Class B-1. A Class B-1 license shall be required for the sale of wine by the drink for
consumption on the premises only.
(5) Class B-2. A Class B-2 license shall be required for the sale of malt beverages by the
drink for consumption on the premises only.
(6) Class C-1. A Class C-1 license shall be required for the sale of distilled spirits by the
drink for consumption on the premises only.
(7) Class D-1. A Class D-1 license shall be required for the sale of wine by the drink, by a
licensed caterer for consumption on the premises only.
(8) Class D-2. A Class D-2 license shall be required for the sale of malt beverages by the
drink, by a licensed caterer for consumption on the premises only.
(9) Class D-3. A Class D-3 license shall be required for the sale of distilled spirits by the
drink, by a licensed caterer for consumption on the premises only.
( 10) Class E-1. A Class E-1 license shall be required for the sale of wine at wholesale to other
wholesale or retail dealers.
Page 7
(11) Class E-2. A Class E-2 license shall be required for the sale of malt beverages at
wholesale to other wholesale dealers or retail dealers.
(12) Class F-1. A Class F-1 license shall be required for the sale on Sunday of wine by the
package, not for consumption on the premises.
(13) Class F-2. A Class F-2 license shall be required for the sale on Sunday of malt beverages
by the package, not for consumption on the premises.
(14) Class G-1. A Class G-1 license shall be required for the sale on Sunday of wine by the
drink for consumption on the premises only.
(15) Class G-2. A Class G-2 license shall be required for the sale on Sunday of malt beverages
by the drink for consumption on the premises only.
( 16) Class H-1. A Class H-1 license shall be required for the sale on Sunday of distilled spirits
by the drink for consumption on the premises only.
(17) Class I-1. A Class I-1 license shall be required for the sale on Sunday of wine by the drink
by a licensed caterer for consumption on the premises only.
(18)Class I-2. A Class I-2 license shall be required for the sale on Sunday of malt beverages
by the drink, by a licensed caterer for consumption on the premises only.
(19) Class I-3. A Class I-3 license shall be required for the sale on Sunday of distilled spirits
by the drink, by a licensed caterer for consumption on the premises only.
(20) Class J-1. A Class J-1 license shall be required for the sale on Sunday of wine at wholesale
to other wholesale or retail dealers.
(21) Class J-2. A Class J-2 license shall be required for the sale on Sunday of malt beverages
at wholesale to other wholesale dealers or retail dealers.
Any person who desires to obtain a license for the sale of alcoholic beverages under this
A1iicle must meet the minimum qualifications set forth in this section. If the applicant is a
partnership, each partner must meet the qualifications of any individual licensee and must make
sworn statements of these qualifications as part of the application process. If the applicant is a
limited liability company (LLC), each member must meet the qualifications of any individual
licensee and must make sworn statements of these qualifications as part of the application
process. If the applicant is a corporation having as its principal business the sale of alcoholic
beverages, the majority stockholder and each principal officer of the corporation must meet the
qualifications of any individual licensee and must make sworn statements of these qualifications
as part of the application process. If the applicant is a corporation having as its principal business
an activity other than the sale of alcoholic beverages, the officer or employee of the corporation
primarily responsible for the operation of the licensed premises must meet the qualifications of
an individual licensee and must make sworn statements of these qualifications as part of the
application process. If the applicant is a nonprofit tax exempt civic, patriotic, or social club or
corporation which is organized and operated in the County as a mutual benefit membership group,
Page 8
such club or corporation may be licensed without reference to the financial interest qualifications
of this section if no officer, director, trustee, manager, member, or stockholder therein can, in
any event, derive any financial gain from the sale of alcoholic beverages by such club or
corporation. The individual being primarily responsible for the club or corporation's compliance
with this section must meet the qualifications of an individual licensee and must make sworn
statements of these qualifications as part of the application process. If the applicant is a private
club, each member of its governing body must meet the qualifications of an individual licensee
and must make sworn statements of these qualifications as part of the application process. The
specific qualifications are as follows:
(1) No license shall be granted to an applicant under the following circumstances:
a. An applicant who has been convicted under any federal, state or local law of a
felony.
b. An applicant who has been convicted under any federal, state or local law of a
misdemeanor, within a five-year period immediately preceding application,
involving alcoholic beverages, gambling, tax law violations or violations relating
to the Georgia Controlled Substances Act, or a misdemeanor within a ten year
period immediately preceding the application, involving moral turpitude.
For purposes of subparagraphs 4-22(1)(a) and (b) above, a "conviction" under this
Aliicle shall include any plea of guilty or admission of guilt and subsequent
sentence under the First Offender Act of O.C.G.A. § 42-8-60, or any similar
sentencing provision for first time offenders of any other state or of the United
States. A plea of nolo contender for any felony or misdemeanor of any state or of
the United States, or any municipal ordinance, except traffic violations, or the
forfeiture of a bond (except traffic offenses) when charged with a crime is also
considered a conviction under this Article.
c. An applicant who has been held in civil or criminal contempt by any federal, state
or local comi if such citation indicates to the Board of Commissioners that the
applicant will not maintain the outlet for which he is seeking a license in
conformity with federal, state or local laws, rules, and regulations.
d. An applicant for a license who has been denied or has had revoked for cause within
five years of the date of his/her application any license issued to him/her by
Jackson County and/or any other city, county and/or state to sell alcoholic
beverages.
e. An applicant as determined by the Board of Commissioners, by reason of such
applicant's business experience, financial standing, trade associations, personal
associations, records of arrest, or reputation in any community in which he has
resided, who is not likely to maintain the outlet for which he is seeking a license
in confmmity with federal, state, or local laws.
f. A location not suitable in the judgement and discretion of the Board of
Commissioners due to one or more of the following conditions: evidence of
detrimental traffic conditions caused by insufficient parking or insufficient means
of ingress and egress for vehicles to the establishment; evidence that the location
or the type of structure would create difficulty in law enforcement supervision or
Page 9
cause law enforcement to respond to a substantial increase in complaints; or,
evidence that a license at the location would be detrimental to the property values
in the smrnunding area.
g. A location and/or applicant that is not in compliance with any federal, state or local
regulation, including but not limited to, a state certificate of occupancy state fire
marshal ce1iificate of approval, or payment of County taxes, fees or assessments.
Regarding payment of County taxes, fees and assessments, this subsection shall
only be applicable when it is within the power and authority of the applicant (either
as the person obligated to pay such taxes, fees or assessments, or as an agent for
or member, officer or principal of such person, or through contractual obligation
with such person) to pay such taxes, fees or assessments
(2) A license application may be denied to any applicant where it appears that the
applicant would not have ownership, control and direction of the operation of the
licensee, or where it appears that the applicant is intended to be a mere surrogate for a
person or persons who would not otherwise qualify for a license for any reason
whatsoever.
(3) The Board, in its discretion, may consider any extenuating circumstances which may
reflect favorably or unfavorably on the applicant, application or the location of the
licensee. If in their judgment, circumstances are such that the granting of the license
would not be in the best interest of the general public, such circumstance may be
grounds for denying the application.
(4) All applicants for a Class B-1, Class B-2, or Class C-1 license must provide evidence
that at least one person in the employ of the applicant, who is in a supervisory capacity
and is on duty, has completed an alcohol service training course. Such course may be
reviewed and approved by the Board.
(5) The named licensee shall be active in the operation of the outlet and personally present
on the premises sufficiently to ensure compliance with the provisions of this Aliicle.
If the owner of the outlet is a corporation, the corporation and its principal officers
shall be responsible for the actions of the named licensee and the conduct of the
licensed business. If the owner of the outlet is a pminership, each partner shall be
responsible for the actions of the named licensee and the conduct of the licensed
business. If the owner of the outlet is a limited liability company, each member shall
be responsible for the actions of the named licensee and the conduct of the licensed
business. If the owner of the outlet is a nonprofit tax exempt civic, patriotic, or social
club or a private club, the entity and its principal officers and/or governing body shall
be responsible for the actions of the named licensee and the conduct of the licensed
business.
(6) No license shall be issued to any applicant unless the premises is in compliance with
all Jackson County ordinances, including, without limitation, any ordinances dealing
with building safety or zoning.
(7) No Class A, B, C, F, G or H license shall be issued to any person unless the building
in which distilled spirits, wine or malt beverages will be served has complete and
detailed plans of said building and outside premises and are attached to the application.
Page 10
The completed building or the proposed building shall comply with ordinances of
Jackson County, regulations of the state revenue commissioner, and the laws of the
State of Georgia.
(8) Each building in which the distilled spirits, wine, or malt beverages will be served
shall contain sufficient lighting so that the building itself and the premises on all sides
of the building are readily visible at all times, so as to reveal all of the outside of said
building.
(9) Each applicant for a license shall certify ownership of the building or certify that the
applicant is leasing the building, provided that applicants may be required to furnish a
complete copy of the lease for the premises, including any amendments, as determined
in the sole discretion of the Director of the Public Development Director.
(10) All premises for which a Class B-1, Class B-2, or Class C-1 license shall be issued
shall afford therein adequate sanitary toilet facilities and shall be adequately
illuminated so that all hallways, passage ways and open areas may be clearly seen by
their guests.
(11) Any applicant for a license must show, to the satisfaction of the Board or Public
Development Depaiiment, as applicable, financial responsibility. Financial statements
must be provided upon request by the Board or the Director of the Public Development
Department.
No license shall be transferable or assignable to any person or other location, and in the event
that a licensed entity is sold or closed, it shall be the duty of the licensee to immediately surrender
its license to the Board.
A separate license shall be required for each location of the licensee where distilled spirits,
wine, or malt beverages are to be sold.
(1) Any person desiring to sell alcoholic beverages by the drink or by the package shall make
application to the County for the appropriate license on forms (whether paper or electronic)
required by and filed with Jackson County. All applications shall be fully completed by the
applicant and sworn to and signed by the applicant in the presence of a notary public or other
officer authorized to administer oaths. If the application is filed on behalf of a partnership, then
each paiiner shall sign the application in the presence of a notary public or other officer authorized
to administer oaths. If the application is filed on behalf of a limited liability company, then each
Page 11
member shall sign the application in the presence of a notary public or other officer authorized to
administer oaths. If the application is filed on behalf of a corporation having as its principal
business the sale of alcoholic beverages, the majority stockholder and each principal officer of the
corporation must sign the application in the presence of a notary public or other officer authorized
to administer oaths. If the application is filed on behalf of a corporation having as its principal
business an activity other than the sale of alcoholic beverages, the officer or employee of the
corporation primarily responsible for the operation of the licensed premises who is also the named
licensee must sign the application in the presence of a notary public or other officer authorized to
administer oaths. If the application is filed on behalf of a nonprofit tax exempt civic, patriotic, or
social club or corporation which is organized and operated in the County as a mutual benefit
membership group, the individual being primarily responsible for the club or corporation's
compliance with this Article must sign the application in the presence of a notary public or other
officer authorized to administer oaths. If the application is filed on behalf of a private club, then
each member of its governing body must sign the application in the presence of a notary public or
other officer authorized to administer oaths.
b. As a prerequisite to the issuance of any license, the applicant shall submit a complete
sets of fingerprints for all persons required to sign the application, taken by the Jackson
County Sheriffs Office, to the Jackson County Public Development Depaiiment, along
with appropriate fees. Upon receipt of the fingerprints and the appropriate fees, the
Jackson County Public Development Depaiiment will transmit both sets of fingerprints
and appropriate fees to the Georgia Bureau of Investigation ("GBI"). As provided by
law, the GBI will compare the subject's fingerprints against its criminal file and (1) if
no disqualifying conduct is found therein or (2) if necessary, submit the fingerprints to
the Federal Bureau oflnvestigation ("FBI") for a comparison with nationwide records.
The results of the FBI check will be returned to the GBI, which will disseminate the
Page 12
state and national results to the Jackson County Department of Public Development.
By filing such application, the applicant consents to Jackson County obtaining their
criminal history record inf01mation from the Georgia Crime Info1mation Center
("GCIC") and the FBI.
c. The application shall be accompanied by a certified or cashier's check for the full
amount of the license fee combined with an investigative fee of $500.00 that may be
paid with a credit or debit card. If the application is denied, or if the applicant
withdraws the application prior to its approval, the license fee (without interest) shall
be refunded to the applicant. All other fees paid to the County which were submitted
as part of the application, including, but not limited to the investigative fee and any
employee application permit fee(s) shall be retained by the County.
d. The Director of the Public Development Department may require any additional
information and records he/she reasonable deems necessary. Failure to furnish such data
shall automatically serve to dismiss the application. Any misstatement or concealment
of fact in the application shall be grounds for denying a license or revoking an issued
license, and shall make the applicant liable to prosecution for pe1jury under the laws of
the State of Georgia.
e. Each applicant shall ce1iifythat applicant has read and understands this Article and ifthe
license is granted, each licensee shall maintain a copy of this Article on the premises and
shall require each of the licensee's employees to be familiar with this Aliicle.
(2) Once an application, the accompanying documents described above, and the required
investigative and license fees are filed with Jackson County Public Development Department,
the Jackson County Department of Public Development shall render a fitness determination in
compliance with Federal Public Law 92-544, and shall decide whether the applicant has been
convicted of, or is under pending indictment, for the enumerated disqualifiers as set foiih within
this Aliicle. If the criminal background check shows that the applicant meets the requirements
set by this Aliicle, the Director of the Public Development Department shall schedule the
application for a hearing before the Board of Commissioners as set forth below. If the criminal
background check shows that the applicant fails to meet the requirements set by this Article, or
if the Director of the Public Development Department finds that the applicant fails to meet all
other qualifications outlined by this Aliicle, then the Director of the Public Development
Depmiment shall inform the applicant, in writing, that the application has been denied, and shall
set forth in reasonable detail the reasons for the denial and shall notify the applicant of his/her
right to appeal; said appeal to be before the Board of Commissioners in accordance with this
Aiiicle. If an applicant desires to appeal a denial by the Director of the Public Development
Depmiment, the applicant must file a written request for an appeal hearing with the Director of
the Public Development Depmiment within five (5) business days of the date of the written
notice informing the applicant of the denial by the Director of the Public Development
Depmiment. A person who has consented to the County for a criminal history based on
fingerprinting record may request and receive a copy of the criminal history records repmi from
the County at no additional charge. Should the person seek to amend or c01Tect the record, he
or she shall be responsible for contacting the GCIC as to Georgia records and/or the FBI
concerning records from other jurisdictions maintained in its file.
Page 13
(3) Regarding all new applications, including applications for previously licensed locations
regarding which no license is currently in effect, if the criminal investigation repmi shows that
the applicant meets the requirements set by this Article and the Director of the Public
Development Department believes the applicant may meet all other qualifications of this Article,
the Director of the Public Development Department shall schedule the application for a hearing
at the next regularly scheduled public hearing agenda of the Board of Commissioners and a
notice of each application shall be adveiiised in the legal organ of the County once a week for
two weeks immediately preceding the meeting of the Board at which the application is to be
acted upon. At least 15 days prior to the public hearing, the applicant shall post a sign or signs
provided by the Public Development Department stating the date, time and place for the
scheduled Board of Commissioners' public hearing, and the nature of the proposed license. One
such sign shall be placed in a conspicuous location along each street frontage of the property for
which the license has been requested. If the property has no street frontage, the sign shall be
placed on each street from which access will be gained to the property. At that meeting the
applicant and any person opposed to said application has the right to present to the Board of
Commissioners any information that the Board of Commissioners determines is relevant to the
licensing decision. In making its determination on whether to approve or deny the application,
the Board of Commissioners shall look to the qualifications set forth in this Article and consider
the public interest and welfare. The Board shall have the sole discretion to grant or deny the
application based on the information presented. A decision by the Board of Commissioners shall
be made within thirty (30) days from the date of the Board of Commissioners' meeting, unless
the decision is postponed for purposes of the Board obtaining additional information deemed
necessary for consideration of the application. Notice of the decision by the Board of
Commissioners shall be mailed to the applicant. In the event the application is denied, such
written notification shall set fmih in reasonable detail the reasons for the denial and shall notify
the applicant of his/her right to appeal; said appeal to be in accordance with this Aiiicle.
(4) Regarding all applications for locations holding a license currently in effect, the Public
Development Depaiiment shall review such applications and, upon dete1mining that any such
application conforms to the requirements of this chapter, issue the new license without the need
for consideration by the Board of Commissioners.
(5) In all instances in which an application is denied under the provisions of this Article, the
applicant may not reapply for the same type of license for at least one year from the final date
of such denial.
(6) Upon approval by the Board of Commissioners or the Director of the Public Development
Department of the application for a license, the Director of the Public Development
Department shall issue a license in accordance with the approved application. If the applicant
is an individual, the license shall be issued in the name of the individual. If the applicant is a
corporation having as its principal business the sale of alcoholic beverages, the license shall be
issued in the name of the corporation and in the name of the majority stockholder or a principal
officer of the corporation. If the applicant is a corporation having as its principal business an
activity other than the sale of alcoholic beverages, the license shall be issued in the name of
Page 14
the corporation and in the name of the officer or employee of the corporation primarily
responsible for the operation of the licensed premises. If the applicant is a partnership, the
license shall be issued in the name of the partnership and in the name of one of the patiners. If
the applicant is a limited liability company, the license shall be issued in the name of the
company and in the name of one of the members. If the applicant is a nonprofit tax exempt
civic, patriotic, or social club or corporation which is organized and operated in the County as
a mutual benefit membership group, the license shall be issued in the name of the club or
corporation and in the name of the individual primarily responsible forthe club or corporation's
compliance with this chapter. If the applicant is a private club, the license shall be issued in
the name of the private club and in the name of one of the members of the private club's
governing body who shall be the named licensee. All licenses issued shall be granted for the
full calendar year or for the number of months remaining in the calendar year. Any applicant
submitting an application on or before July 1st, shall pay the full license fee without pro-ration.
Any applicant submitting an application after July 1st, shall pay one half the annual license fee.
License fees are not refundable once the license is granted by the County.
(7) In the event the Board of Commissioners denies the application for a license, the applicant
may appeal to the Board of Commissioners for reconsideration of the denial by filing a written
request for an appeal hearing with the Director of the Public Development Depaiiment within
five (5) business days of the date of the written notice informing the applicant of the denial.
Any such appeal hearing concerning a denial shall be conducted according to the procedures
set f01ih in this Article.
No licensee holding a Class A, B, C, or D license shall sell or deliver any distilled spirits,
wine, or malt beverage to any person except on the premises as described in the application.
No licensee shall furnish, sell or offer for sale any distilled spirits, wine, or malt beverages at
any of the following times:
(1) On Sunday, except between the hours of 11:00 a.m. and 11:30 p.m. if the licensee has
properly obtained a Class F, Class G, Class H, Class I or Class J license;
(2) At any time in violation of a local ordinance, regulation or special order of the Board; or
(3) On all days except Sunday, between midnight and 7:00 a.m. for Class A-1 and A-2, and
between midnight and 12:00 p.m. for Class B-1, B-2, and C-1.
Page 15
Sec. 4-28. - Minimum age of consumption exceptions.
Sale to persons under 21 years of age is prohibited. No licensee or employee of same shall
knowingly furnish, sell or offer to sell any distilled spirits, wine, or malt beverages to a person
under 21 years of age. This prohibition shall not apply with respect to the sale of distilled spirits,
wine, or malt beverages to a person when such person has furnished proper identification showing
that the person to whom the distilled spirits, wine, or malt beverages are being sold is 21 years of
age or older.
No licensee hereunder shall furnish, sell or offer to sell any distilled spirits, wine, or malt
beverages to any person who is noticeably intoxicated.
No licensee hereunder shall employ, require or permit a person under 18 years of age to sell
packaged wine or malt beverage or take orders and serve any distilled spirits, wine, or malt
beverages. No licensee hereunder shall employ, require, or permit a person under 21 years of age
to bartend or pour any distilled spirits, wine, or malt beverages, or take orders for any distilled
spirits, wine, or malt beverages.
Page 16
(13) Class G-1: $100.00
(14)Class G-2: $100.00
(15)Class H-1: $100.00
(16) Class I-1: $100.00
(17) Class I-2: $100.00
(18)Class I-3: $100.00
(19)Class J-1: $100.00
(20) Class J-2: $100.00
and shall be paid prior to the issuance of any license. The annual fee shall accompany the
application and shall be either in cash or a bank certified check and will be refunded if the license
is not issued. Additionally, a nomefundable investigative fee in the amount of the greater of the
actual costs of the investigation or $500.00 shall be charged. The amount of any fee set out
hereunder may be changed upon resolution of the Board.
Page 17
b. Computation, payment. The tax imposed in the section shall be computable and payable
monthly. Each wholesale dealer selling, shipping or delivering malt beverages or wine to
any retail dealer in the unincorporated area of the County shall as a condition to the
privilege of carrying on the business: (a) keep true and correct records of all sales,
shipments, or deliveries of such alcoholic beverages to any retail dealer in the
unincorporated area of the County for a period of one year, and such records are to be
made available upon request from a duly authorized representative of the County (b)
collect from each said retail dealer in the unincorporated area of the County at the time
of delivery of the malt beverage of wine the amount of tax due under the terms of this
section and to hold such amount in trust for the County until such amounts are remitted
to the County as provided in this section.
c. Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the
20th day of each calendar month, make a verified, and comprehensive report to the
County business license office which shall c01Tectly show all sales and deliveries of malt
beverages and wine to or for retail dealers in the unincorporated area of the County for
the month preceding such report. Such rep01i shall show the name and address of each
retail dealer, the quantities delivered to each retail dealer the amount collected under the
te1ms of this section and such other inf01mation as may be called for by the County. This
report shall be accompanied by remittance by the County for all taxes collected or due as
shown on the report.
d. Noncompliance by wholesale dealer. If any wholesale dealer fails to or refuses to make
the report provided for in this section the County shall notify the party in writing, and if
the reports are not made and the taxes remitted within five days from the date of the
notice, the County may revoke the wholesale dealers license. In addition, such wholesale
dealer may pay a late payment charge of ten percent per month for each month
delinquency together with interest on the total amount due including the late payment fee
equal to one percent per month.
The premises of the holder of a license for the sale of distilled spirits, wine, or malt beverages
shall be open to inspection at any and all times during which the outlet is open for business by
officers or officials authorized to conduct such inspections by the County, state or federal
authorities.
The making of any statement on an application for a license which shall be later found to be
false shall constitute grounds for revocation of said license.
Page 18
Sec. 4-35. - No gambling.
Except for the State of Georgia lottery, there shall be no gambling, betting, games of chance,
punchboards, vending machines, slot machines, pinball machines, lotteries or tickets or chances
therein or the operation of any schemes of hazarding money or any other thing of value in any
licensee's place of business or in any room adjoining the same, owned, leased or controlled by
licensee, and any violation of this section shall be cause for suspension or revocation of the license.
No person shall engage in the sale of distilled spirits, wine, or malt beverages in the County
without first complying with the rules and requirements set out in this Article. Any license issued
hereunder shall be subject to suspension or revocation upon any of the following grounds:
(I) The making of any false statement either in or in connection with the application for a
license issued hereunder, which shall be later found to be false;
(2) All licenses issued hereunder are conditioned upon faithful compliance with the rules and
regulations set out in this Article, and the laws and regulations of the United States and
the State of Georgia and the ordinances of Jackson County;
(3) Whenever it can be shown that a licensee hereunder no longer maintains adequate
financial responsibility upon which issuance of the license was conditioned, or whenever
the licensee has defaulted in any obligation, of any kind whatsoever; lawfully owing to
the County;
(4) Every license issued by the County for the sale of alcoholic beverages shall be immediately
revoked in case of bankruptcy, receivership, levy oflegal process, or failure to promptly
account for and pay the excise tax levied on the sale of alcoholic beverages;
(5) Suspension or revocation of any applicable state license shall automatically operate to
suspend or revoke any license issued hereunder;
(6) Failure to confmm to the definition of a licensee; or
(7) For any other legal and sufficient cause.
Any action taken by the Board to suspend or revoke a license issued hereunder, shall not
preclude, and may be in addition to, any criminal prosecution by a proper authority as provided by
the laws and ordinances of the County, the State of Georgia, or the United States. Whenever any
action is taken by the Board to suspend or revoke any license issued hereunder, the Board shall
provide written notice to the licensee of the action taken and state the reasons therefor. The licensee
shall have 15 days following notification of such action to request an appeal hearing before the
Board.
(1) Upon receipt of a timely appeal (accompanied by a fee of $250.00 made payable to Jackson
County, Georgia) of a denial of a license, upon presentation of evidence to the Director of the
Page 19
Public Development Department of a violation of this Aiiicle, or upon a showing to the Director
of the Public Development Department of any of the other occun-ences set fmih in this Article
as grounds for suspension or revocation, the Director of the Public Development Department
shall schedule a hearing before the Board of Commissioners or their appointee and provide
written notice to the adverse party of the time, place and date of the scheduled hearing. The
Director shall also state in the written notice in reasonable detail basis for the denial or the
violation or occun-ence alleged that fmms the basis for the denial or potential suspension or
revocation. After notice of hearing, matters scheduled for hearing may only be continued by
agreement of the Director of the Public Development Department and the adverse party
and/or counsel for the adverse party.
(2) The Board of Commissioners or their appointee shall have the duty of conducting hearing
concerning the denial, revocation, or suspension of a license. The standard of proof on all issues
in the hearing shall be a preponderance of the evidence and a dete1mination will be made on the
basis of the competent evidence presented at the hearing. At its discretion, the Board of
Commissioners may appoint a Special Master to conduct said hearing and make Findings of Fact
and Conclusions of Law and repmi such finding and conclusions to the Board of Commissioners
and to the Director.
(3) At the hearing, after presentation of the case against the adverse party, the adverse party
will have an oppmiunity to present his/her case, to rebut the allegations made against him/her,
and present whatever defenses he/she has. The adverse pmiy shall have the right to be
represented by an attorney, at the expense of the adverse pmiy, and to present evidence and
cross-examine opposing witnesses.
(4) At the conclusion of the hearing, the findings and conclusions of the Board of Commissioners
shall be forwarded to the Director of the Public Development Department and it shall be the
duty of the Director of the Public Development Depmiment to provide written notification to the
adverse pmiy of the actions of the Board of Commissioners.
(5) The decision of the Board of Commissioners shall be final unless appealed to the Superior
Comi of Jackson County, Georgia, within thiliy (30) days of the Director of the Public
Development Department providing written notification to the adverse party of the Board's
decision.
(6) For purposes of this Aliicle, notice shall be deemed delivered when personally served or
when served by certified mail postage prepaid within three (3) days after the date of deposit
in the United States Mail.
(7) Upon the suspension of a license, the licensee shall be required to prominently post a sign
on all entrances to the outlet. Required signs shall be posted prior to the stmi of the suspension
period and shall remain in place throughout the duration of the suspension period. The signs
shall be provided by the Director of the Public Development Department and shall state the
length of the suspension and the reason for the suspension.
Page 20
Sec. 4-38. - Repealer.
All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Should any sentence, section, subsection or provision of this Article be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not affect the
validity of this Article as a whole nor any part thereof that is not specifically declared to be invalid
or unconstitutional.
The County shall charge the maximum excise tax allowable, as amended from time to time
by the provisions of the Georgia Alcoholic Beverage Code.
(1) Unless another penalty is expressly provided by law, every person convicted of a violation
of any provision of this Article shall be punished by a fine of not more than $1, 000. 00 or
by imprisonment for not more than 60 days or by both such fine and imprisonment. Each
violation of a section or subsection of this Article shall be considered a separate violation.
(2) Any violation of this Article, excluding sales to underage persons, shall subject the
licensee to the following progressive actions by the Board of Commissioners, except for
those violations and occurrences set forth in Section 4-36 above that provide for
immediate suspension or revocation upon notice and hearing;
a. The first violation shall result in a warning letter.
b. The second violation within a consecutive twenty-four month period shall result
in license suspension for a period of not less than thirty (30) days nor more than
ninety (90) days.
c. The third violation within a consecutive twenty-four month period shall result in
a license suspension for a period of not less than ninety (90) days nor more than
six (6) months.
(3) Sales to underage persons shall subject the licensee to the following progressive actions
by the Board of Commissioners, except for those violations and occurrences set foiih in
Section 4-36 above that provide for immediate suspension or revocation upon notice and
hearing;
a. The first violation shall result in a warning letter to be placed in the file.
b. The second violation within a consecutive 24-month period shall result in a
mandatory hearing before the Board of Commissioners, with a a license
suspension for a minimum period of between 7 and 60 days.
Page 21
c. The third violation within a consecutive 24-month period shall result in a
mandatory hearing before the Board of Commissioners and revocation of the
license absent a showing of mitigation circumstances deemed sufficient in the
discretion of the Board of Commissioners to allow retention of the license.
(4) Nothing contained in this subsection shall be constrned to preclude the Board of
Commissioners from suspending or revoking a license for a period exceeding those
periods identified above or from revoking the license if the Board determines in its
discretion that such action is necessary and in the best interest of the public health, safety,
and welfare of the county.
(5) In all cases, the mandatory suspension period may be mitigated by the Board of
Commissioners upon presentation of evidence that the licensee established practices and
procedures to prevent the violation from occurring and established procedures to properly
train and supervise employees to prevent the violation from occurring.
(1) Upon the filing of an application and payment of a license fee of $75.00 per day, up to a
maximum of $2,000.00, and after investigation by the Public Development Department,
the Department may issue a pe1mit to an individual or organization for the sale of alcoholic
beverages for consumption on the premises only during a special event under the following
conditions:
a. The applicant must already hold an annual license for the sale of alcoholic beverages
for on-premises consumption.
b. The pe1mit will allow sale of alcoholic beverages beyond the premises described in the
annual license only in the area specifically described in the application and only during
the special event named.
c. The application for such permit must have been filed with the Public Development
Department at least 30 days prior to the date of the special event.
d. The hours of any such special event must be between 9:00 a.m. and 11 :00 p.m. Monday
through Saturday. Alcoholic beverages may be sold on Sundays pursuant to this Aliicle
between the hours of 12:30 p.m. and 11 :30 p.m. in public stadiums, coliseums and
auditoriums and restaurants.
(2) A special event permit may be immediately revoked by the Public Development
Department for a violation of this Article which results in an emergency situation in which
continued operation of the premises by the licensee endangers the health, welfare or safety
of the public.
(1) Upon filing an application and payment of a fee of $5 0. 00 and after review by the Public
Development Department, the Depaiiment may issue a pe1mit authorizing a bona fide
nonprofit civic organization to sell alcoholic beverages for consumption on the premises
only, for a period not to exceed one day, subject to any law regulating the time for selling
such beverages.
Page 22
(2) Not more than two permits may be issued pursuant to this Article to an organization in any
one calendar year.
(3) Permits issued pursuant to this Article shall be valid only for the place specified in the
permit.
Notwithstanding sections of this Article, the Public Development Depaiiment is authorized to issue
pe1mits for the drinking of alcoholic beverages in the unincorporated areas of Jackson County for
special events, in the manner set forth below:
(1) A person seeking issuance of a special events permit shall file an application with the
Public Development Department on fmms provided by the Department.
(2) An application for a special events permit shall be filed with the Public Development
Department not less than 30 days nor more than 90 days before the date on which it is
proposed to conduct the special event.
(3) The application for a special event pe1mit shall set forth the following information:
a. The name, address and telephone number of the person seeking to conduct the special
event;
b. If the special event is proposed to be conducted for, on behalf of or by an organization,
the name, address, and telephone number of the headquarters of the organization, and
of the authorized and responsible heads of this organization;
c. The name, address and telephone number of the person who will be the special event
chairman of the event and who will be responsible for its conduct;
d. The date when the special event is to be conducted, and whether the special event will
extend over a series of days;
e. The hours when the special event will start and terminate;
f. The estimated number of people who will attend the event;
g. If the special event is to be held by, and on behalf of or for, any person other than the
applicant, the applicant for the pe1mit shall file with the Public Development
Department a written authorization from the person proposing to hold the special event,
authorizing the applicant to apply for the pe1mit on the applicant's behalf; and
h. A reasonably detailed description of the event, together with all locations of which
alcohol will be consumed;
1. Any additional information which the Public Development Department shall find
reasonably necessary to a fair determination as to whether a permit should be issued.
(4) The license fee shall be $75.00 per day.
(5) The Public Development Depaiiment shall issue a permit as provided for in this Aiiicle
when, from a consideration of the application and from such other infmmation as may
otherwise be obtained, the Department finds that:
a. The conduct of the special event will not substantially interrupt the safe and orderly
conduct of other patrons of the public places in which it will be held.
b. The special event will not divert or disrupt law enforcement protection.
c. The conduct of the special event is not reasonably likely to cause injury to persons or
prope1iy, to provoke disorderly conduct or create a disturbance.
Page 23
d. The applicants for permit have not violated the terms of any previous special event
pe1mit granted to them or any terms of this Article and have not caused undue traffic
congestion and law enforcement problems under any previous special event pe1mit.
(6) The Public Development Department shall act upon the application for a special permit at
the first meeting after the filing thereof. If the Department disapproves the application, the
Department shall mail to the applicant, within 20 days after the date upon which the
application was filed, a statement of the reasons for the denial of the permit.
(7) Any person aggrieved shall have the right to appeal the denial of a special events permit to
the Board of Commissioners. The appeal shall be filed within five days after notice of
denial.
(8) The County and County agencies and authorities are deemed to have special event permits
for the consumption and retail sale of alcoholic beverages.
Page 24