Pine Lake City Zoning Code

(a)

This ordinance has been enacted in furtherance of the police powers of the city and in accordance with a plan designed for the purposes, among others, of promoting the health and general welfare of the community, establishing reasonable standards for the regulation and control of the licensing and sales of alcoholic beverages, protecting and preserving schools and churches, giving effect to existing land use and preserving certain residential areas, with reasonable considerations, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets, and with a general view of promoting desirable living conditions and sustaining stability of neighborhood and property values, and to protecting against the evils of concentration of ownership or control of the retail outlets for alcoholic beverages or to prevent undesirable persons from controlling the retail alcoholic beverage industry.

(b)

The provisions of this ordinance are ordained under and by virtue of the authority granted by the laws of the State of Georgia, O.C.G.A. Title 3; Regulation of Alcoholic Beverages Generally, to adopt all reasonable rules and regulations as may fall within the police powers of the municipality to regulate any such business; O.C.G.A. Section 3-4-110, granting such municipality the full power to adopt all reasonable rules and regulations governing the conduct of any such licensee including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipality; O.C.G.A. Section 3-5-40 and 3-5-42, authorizing municipal licenses for the business of manufacturing, distributing and selling malt beverages at wholesale and retail; and O.C.G.A. Section 3-6-40, authorizing municipal licenses for the manufacturing, distributing and selling wine at wholesale and retail.

(Ord. No. 01-2015, § 1, 11-24-15)

As used in this chapter, the following terms shall have the meanings ascribed to them:

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

Alcoholic beverage means all alcoholic, distilled spirits, malt beverages, wine, or fortified wine as defined in this section.

Bed and breakfast establishment means an operator-occupied residence with 20 guestrooms or less, which serves food only to its registered guests, and serves only a breakfast or similar morning meal and an appropriate light snack in which the price of the food is included in the price of the overnight accommodation. For purposes of these rules, "bed and breakfast establishment" refers to an establishment in which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest, and provides sleeping accommodations for no more than 30 consecutive days to a particular guest.

Brown bagging means the act of patrons entering any restaurant, private club, or other establishment providing food or entertainment in the normal course of business and bringing in and consuming the patrons' own alcoholic beverages.

Brown bag establishment means any restaurant, private club or other establishment providing food or entertainment in the normal course of business, and in which the owners or their agents knowingly allow patrons to bring in and consume on the premises the patrons' own alcoholic beverages.

Brew pub means any eating establishment in which malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Section 3-5-36 of the Official Code of Georgia Annotated for retail consumption on the premises and solely in draft form. As used in this chapter, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.

Brewer means a manufacturer of malt beverages.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume including, but not limited to, all fortified wines, whiskey, rum, gin, brandy, vodka, tequila and all other alcoholic beverages of a similar nature and with similar alcoholic content.

Family means any person related to the holder of a license within the first degree of consanguinity or affinity as computed according to civil law.

Food caterer means any person who prepares food for consumption off the premises.

Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.

Hotel means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests. To meet the definition of "hotel" under this chapter the facility must have 50 or more rooms used for sleeping accommodations of such guests and one or more public dining rooms, with an adequate and sanitary kitchen and a seating capacity of at least 25 persons, where meals are regularly served to such guests. As used in this section, "seating" shall mean that no more than 25 percent of such seating shall be at a common table or counter area or shall be other than individual tables or booths designed for seating of at least two individuals. All sleeping accommodations and dining rooms must be on the same premises and a part of the hotel operation. Motels meeting the qualifications set out herein for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a restaurant in their premises, and the holder of such franchise shall be eligible for a license under the "hotel" classification. At least 50 percent of the receipts of the dining room or rooms shall come from the sale of food. To be included in the tabulation of receipts for the purpose of this calculation are all receipts of all persons laboring in the dining room, including the services of all independent contractors, performers, servers, entertainers, or other non-employee personnel. Not to include in tabulation, however, are persons called in the dining room from other licensed businesses to perform services, repairs or construction on equipment or building premises. For purposes of this section, the calculations of receipts for alcoholic beverages shall be made pursuant to the scheduling of pricing and the regulations contained therein as required by section 10-74. Receipts for room rentals shall not be included in the calculations.

Individual means a natural person, not a corporation or a partnership.

Lounge/bar means a separate room connected with, a part of, and adjacent to, a restaurant or a room located in hotels as defined herein, and for which the sale of food is incidental to the sale of beverages.

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 14 percent alcohol by volume, and including, but not limited to, ale, porter, brown, stout, lager beer, malt liquor, small beer and strong beer. The term does not include sake, known as a Japanese rice wine.

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; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; and

(2)

In the case of any malt beverages, any brewer; and

(3)

In the case of wine, any vintner.

Meal, regular meal means a meal that is prepared on the premises according to the order of the patron or customer given to a server at the table, booth or counter area where the customer is seated and served by the server at said table, booth or counter area.

Minor means any person under the age of 21 years.

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

Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, 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/outlet means a definite enclosed area or other outside area with controlled ingress and egress wherein distilled spirits, alcoholic beverages, malt beverages, or wine is sold and consumed, or sold therein by the package to be consumed elsewhere.

Private club means a corporation or association organized and existing under the laws of the state, actively in operation within the city prior to the application for a license hereunder, having at least 75 members regularly paying dues, for at least three years prior to application for license, organized and operated exclusively for pleasure, recreation and other nonprofitable purpose, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable sanitary kitchen and dining room seating of at least 25 persons and equipment, and maintaining and using a sufficient number of servants and employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of distilled spirits, wines, or malt beverages beyond the amount of such salary as may be fixed by its members at an annual meeting, or by its governing body, out of the general revenue of the club. No more than 25 percent of required seating shall be at a common table or counter area or shall be other than individual tables or booths designed for seating of at least two individuals. For the purpose of this subsection, tips that are added to the bills under club regulations shall not be considered as profits hereunder. In addition, at least 50 percent of the receipts from the operation of the kitchen and dining room and serving of meals shall come from the sale of food. To be included in the tabulation of receipts for the purpose of this calculation, are all receipts of all persons laboring on the premises, including the services of all independent contractors, performers, servers, entertainers, or other non-employee personnel, not to include however persons who are called to the premises from other licensed businesses to perform services, repairs or construction on equipment or building premises. For purposes of this section, the calculations of receipts for alcoholic beverages shall be made pursuant to the scheduling of pricing and the regulations contained therein as required by section 10-74. A private club organized or operated primarily for the selling or serving of alcoholic beverages by the drink shall not be licensed under this chapter, nor permitted to sell or serve such beverages at all. All distance requirements as set forth in this chapter shall apply.

Private residence, for the purpose of applying distance restrictions for the sale of alcoholic beverages from a private residence means a house, dwelling or structure where in not less than one, nor more than two, families reside and shall not include a mobile home court, an apartment house having facilities for housing more than two families, nor a boarding or rooming house where there are five or more boarders or roomers. Any building occupied as a residence located within an area zoned for commercial or mixed-use activity shall not be construed as a private residence.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, but not including short order or quick or fast food shops, such place being provided with adequate and sanitary kitchen and dining room seating of at least 25 persons, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. The phrase, "meals are actually and regularly served" means that meals are available to the public no less than five days per week, with service occurring during at least one of the following time frames, 11:00 a.m. to 2:00 p.m. or 5:30 p.m. to 7:30 p.m., and with the restaurant being open for business a minimum of 48 weeks per year. Meals shall be served during the normal business hours when the establishment is open to the public and the serving of such meals shall be the principal business conducted, with the serving of distilled spirits, malt beverages and wines to be consumed on the premises as only incidental thereto. As used in this section, "seating" shall mean that no more than 25 percent of such seating shall be at a common table or counter area or shall be other than individual tables or booths designed for seating of at least two individuals. As used in this section, "principal business" shall mean that at least 50 percent of the receipts of such business shall come from the sale of food. To be included in the tabulation of receipts for the purpose of this calculation, are all receipts of all persons laboring on the premises, including the services of all independent contractors, performers, servers, entertainers, or other non-employee personnel not to include, however, persons who are called to the premises from other licensed businesses to perform services, repairs or construction on equipment or building premises. For purposes of this section, the calculations of receipts for alcoholic beverages shall be made pursuant to the scheduling of pricing and the regulations contained therein as required by section 10-74.

Retail consumption dealer means any person who sells alcoholic beverages for consumption on the premises at retail.

Retail package dealer means any person who sells distilled spirits, malt beverages and/or wine in unbroken packages for consumption off the premises at retail.

Sales by the drink means the sale of alcoholic beverages by a licensed retail consumption dealer for consumption on the premises at retail only to consumers and not for resale.

Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail package dealers, or to retail consumption dealers.

Wine means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, grapes, or other natural products by natural fermentation. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, sake, natural wines, rectified wines, hard ciders, and like products. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this code section.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 1, 1-9-2017)

It shall be unlawful for any person to sell at retail or otherwise within the city, possess, conceal, store or convey any wine, malt beverage, distilled spirits or other alcoholic beverages on which any tax or license fee imposed by the laws of the state of Georgia or this ordinance has not been paid, and any such beverages as above described that are found without a state tax stamp shall be seized as contraband and immediately delivered to the state revenue commissioner as provided by law. Any violation of this section shall be punished as provided for in the Code of Ordinances of the City of Pine Lake, and, if performed by a licensed dealer, shall constitute due cause for revocation or suspension of such person's alcoholic beverage license.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Except as otherwise authorized by law:

(1)

No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age.

(2)

No person shall fail to check the proper identification of any patron or other person, which failure results in the furnishing or sale of alcoholic beverages to any person under 21 year of age.

(3)

No person under 21 years of age shall purchase or knowingly possess any alcoholic beverages.

(4)

No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage.

(5)

No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person less than 21 years of age.

(6)

No person under 21 years of age shall misrepresent his/her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

(b)

The prohibitions contained in subsection (a)(1), (2) and (5) of this section shall not apply with respect to the sale, purchase or possession of alcoholic beverages for consumption:

(1)

For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state;

(2)

At a religious ceremony.

(c)

The prohibition contained in subsection (a)(1) of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this section, the term "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 and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. §§ 40-5-100 through 40-5-104. "Proper identification" shall not include a birth certificate.

(d)

If such conduct is not otherwise prohibited pursuant to O.C.G.A. §3-3-24, nothing contained in this section shall be construed to prohibit any person under 21 years of age from:

(1)

Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment;

(2)

Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or

(3)

Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.

(e)

Notwithstanding the provisions of subparagraph (4) above, no person shall allow or require a person less than 18 years of age nor shall a person under 18 years of age take an order for alcoholic beverages for on-premises consumption or accept alcoholic beverages for checkout for off-premises consumption.

(f)

All violations of this section with the exception of subsection (a)(2) shall be treated as state offenses pursuant to O.C.G.A., Sec. 3-3-23.1; provided that first offenses subject to the jurisdiction of the municipal court pursuant to O.C.G.A. Sec. 36-32-10 may nevertheless be heard by the municipal court. In addition to prosecution as a state offense, any violation of this section may also serve as due cause for the suspension, revocation or probation of an alcoholic beverage license and/or employee permit issued by the city.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

As used in this section, "open container" means any container containing alcoholic beverages, which is immediately capable of being consumed from or the seal of which has been broken.

(b)

No person shall possess an open container of any alcoholic beverage while operating a motor vehicle in this city or while occupying a motor vehicle as a passenger. An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger. This provision shall not apply if the alcoholic beverage is located in a locked glove compartment, locked trunk, or other locked non-passenger area of the vehicle. This provision is intended to prohibit the consumption of alcoholic beverages by the operator and passengers in motor vehicles.

(c)

No person shall possess an open container of an alcoholic beverage while walking, standing or otherwise occupying any public street, road, or highway, sidewalk adjacent thereto, public park, or public parking lot. Consumption of alcoholic beverages in or on other publicly owned properties of the city is prohibited. This provision shall not apply to (1) the patrons of an outdoor cafe if such establishment is otherwise licensed to sell alcoholic beverages under the applicable laws and ordinances, (2) city sponsored special events, or (3) other privately sponsored events at which an alcoholic beverage catering permit has been issued.

(d)

No person shall possess an open container of an alcoholic beverage on the premises of any retail package licensee, including parking lots located adjacent thereto.

(e)

No person shall enter or leave the premises of an establishment licensed to sell or dispense alcoholic beverages for consumption on the premises with an open container of any alcoholic beverage.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be unlawful for any person in this city to be in an intoxicated condition in any public place or within the curtilage of any private residence not his/her own other than by invitation of the owner or lawful occupant, when such condition of intoxication is made manifest by boisterousness, or by indecent condition or act, or by vulgar, profane, or loud language.

(Ord. No. 01-2015, § 1, 11-24-2015)

No person shall be allowed to sell, distribute, or give away alcoholic beverages by the drink for consumption on the premises except as set forth in this chapter.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be the duty of all persons or employees of persons granted a license under this chapter to keep the premises clear at all times of all persons who are intoxicated or who cause a public disturbance.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Retail package dealers shall not engage in the sale of alcoholic beverages in original packages for off-premise consumption except between the hours of 7:00 a.m. and 12:00 midnight Monday-Saturday.

(b)

Except as otherwise provided in this section, malt beverages, wine and distilled spirits shall not be sold for consumption on the premises, except between the hours of 9:00 a.m. and 2:00 a.m. of the following day, Monday through Friday, and on Saturdays from 9:00 a.m. until 12:00 midnight.

(c)

Retail consumption dealers who have a Sunday sales permit may sell malt beverages, wine, and distilled spirits for consumption on the premises from 12:30 p.m. until 12:00 midnight.

(d)

The sale of alcoholic beverages on election days is permitted within the city in accordance with O.C.G.A. § 3-10-20.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 2, 1-9-2017)

In addition to required postings under state law,

(1)

Each outlet for the retail package sale of alcoholic beverages shall post in a conspicuous place within the outlet a sign with letters at least two inches high reading: "Sale of alcoholic beverages to persons under 21 years of age is prohibited."

(2)

Each outlet for the retail sale of alcoholic beverages by the drink for consumption on the premises shall post in a conspicuous place within the outlet a sign with letters at least two inches high reading: "Sale of alcoholic beverages to persons under 21 years of age is prohibited."

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 3, 1-9-2017)

(a)

It shall be unlawful for any wholesaler or distributor to make deliveries of alcoholic beverages except to a location licensed for the retail sale of such beverages.

(b)

It shall be unlawful for any retail package dealer or person licensed to sell alcoholic beverages by the drink for consumption on the premises to make deliveries of any malt beverages, wine and/or distilled spirits to any location off the licensed premises.

(c)

The prohibition set forth in subsection (b) shall not apply to hotel in-room service that shall be regulated as set forth in section 10-75.

(Ord. No. 01-2015, § 1, 11-24-2015)

Only those individuals who are compensated as regular agents, clerks, or employees of the licensee shall handle, sell or serve alcoholic beverages on a licensed premises.

(Ord. No. 01-2015, § 1, 11-24-2015)

Alcoholic beverage licensees and their agents and employees are prohibited from selling, bartering, exchanging, giving, providing, or furnishing any alcoholic beverage to any person who is in a noticeable state of intoxication.

(Ord. No. 01-2015, § 1, 11-24-2015)

All sales of alcoholic beverages shall be for cash upon sale. Sales on credit are specifically prohibited except that the use of a credit card for the purchase of distilled spirits, malt beverages or wine shall not be prohibited, provided such retail credit card represents an unqualified obligation to pay without recourse on the part of the person, institution or agency issuing such card. The running of a "tab" at a licensed consumption premises shall not be prohibited provided the consumer pays all charges prior to departing the premises.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be unlawful for any person to manufacture for sale, or possess, for the purpose of sale, any alcoholic beverage where such person does not have a license or catering permit from the city to sell or possess for sale such alcoholic beverage.

(Ord. No. 01-2015, § 1, 11-24-2015)

No alcoholic beverage shall be sold or otherwise provided to members of the public without first having obtained the appropriate state and city licenses and/or permits.

(Ord. No. 01-2015, § 1, 11-24-2015)

The fees for licenses and permits for the sale of alcoholic beverages shall be:

(1)

Retailer dealers: Building size 4,000 sq. feet or less—malt beverage and wine package sales .....$500.00

(2)

Retail dealers: Building size greater than 4,000 sq. feet—malt beverage and wine package sales .....$1,000.00

(3)

Retail dealers: distilled spirits by the package .....$5,000.00

(4)

Wholesale dealer, malt beverages or wine .....$200.00

(5)

Restaurant, retail consumption malt beverages and wine only .....$500.00

(6)

Private club, retail consumption, malt beverages and wine only .....$500.00

(7)

Restaurant, private club, retail consumption, distilled spirits, malt beverages and win .....$2,800.00

(8)

Brew pub .....$1,000.00

(9)

Catering permit/temporary permit .....$50.00

(10)

Brown bag establishment permit .....$50.00

(11)

Bed and breakfasts .....$50.00

(12)

Sunday sales permits for consumption on premises .....$200.00

(13)

Employee permits .....$50.00

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 4, 1-9-2017)

The licensee for all businesses shall meet the following requirements:

(1)

If the business is to be operated by an individual, the licensee shall be that individual.

(2)

If the business is to be operated by a partnership, the licensee shall be an individual who is a partner; or, if all partners are non-individuals, then the licensee shall be an individual who is an officer of any corporation which is a partner, or, an individual who is an officer, manager or agent of any unincorporated entity which is a partner.

(3)

If the business is to be operated by a corporation, the licensee shall be an officer of the corporation.

(4)

If the licensee is a resident of DeKalb, Gwinnett, Fulton, Cobb, Rockdale, or Clayton County and a manager of the business who is on the premises on a regular basis, the licensee may also be the license representative of the business. If not, a license representative shall be named in accordance with this chapter who shall be a resident of one of the named counties.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

An individual is deemed to have an interest in a license if:

(1)

He/she is the owner of the license.

(2)

He/she is the co-owner of the license.

(3)

He/she is a partner in any partnership that owns an interest in a license.

(4)

He/she is a stockholder holding more than 5% of the stock in any corporation and/or is a stockholder in any corporation that has fewer than 25 stockholders, which owns an interest in a license.

(5)

He/she shares in any income or corpus of any trust fund having any interest in a license.

(b)

No person, or member of his/her family, shall own, hold or control any interest in more than:

(1)

Two (2) licenses to sell wine at retail in the City;

(2)

Two (2) licenses to sell malt beverages at retail in the City;

(3)

Two (2) combined licenses to sell alcoholic beverages for consumption on the premises in the city;

(4)

One (1) license to operate as a retail consumption dealer or retail package dealer if said person also has an interest in a license to operate as a wholesale dealer in the city;

Provided that no more than a total of two licenses shall be issued for the sale of any type of alcoholic beverages to any one (1) person or member of his/her family.

(c)

Combining retail and retail consumption licenses. No premises licensed for the retail sale of alcoholic beverages shall hold a license for or allow the retail consumption on the premises of alcoholic beverages.

(d)

The number of retail package licenses for the sale of distilled spirits in the City shall be limited to one license per 500 residents, or fractional part of 500 residents, as determined by reference to the U.S. Census of 2010 or the latest decennial census.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 5, 1-9-2017)

Both the licensee or license representative shall be the authorized and duly constituted agent for service of all notices and processes required to be served on or given hereunder for any action or proceeding or uses of any nature whatsoever permitted under the provisions of this chapter or under any other provisions of this Code.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

No license under this chapter shall be granted to any applicant who is not a citizen of Georgia or a permanent resident alien. If the applicant is a partnership, the requirements of this section shall apply to all partners.

(b)

If the licensee is not a resident of DeKalb, Gwinnett, Fulton, Cobb, Rockdale, or Clayton County, the licensee must designate a license representative who shall be a resident of DeKalb, Gwinnett, Fulton, Cobb, Rockdale, or Clayton County and a manager of the business who is on the premises on a regular basis.

(c)

The following persons are disqualified as licensees:

(1)

A person who is not of good character and reputation in the community in which he/she resides.

(2)

A person who has entered a plea of nolo contendre within a five year period prior to the date of application for a license, entered a guilty plea or been convicted of a felony, or of a crime involving moral turpitude; or who has entered a plea of nolo contendre within a five year period prior to the date of application for a license, entered a guilty plea or been convicted of a crime involving violation of the ordinances of any city or county relating to the use, sale, manufacture, distribution, taxability or possession of malt beverages, wine or distilled spirits or violations of the laws of the state and federal government pertaining to the manufacture, possession, transportation, use, or sale of malt beverages, wine or distilled spirits, or taxability thereof.

(3)

A person whose license to sell alcoholic beverages has been revoked for cause within the preceding 10 years.

(4)

A person whose place or business is conducted by a manager or agent unless such manager or agent qualifies as the license representative.

(5)

Any person who is under the age of 21 years.

(6)

Any person who is not of sound mind and memory.

(7)

Any person who is not eligible for a state alcoholic beverage license.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All persons desiring to obtain a license under this chapter for the sale of alcoholic beverages shall apply to the city upon forms prepared and provided by the city clerk and shall include with such application all information and documents required by this chapter. Such application shall state:

(1)

The location of the proposed business;

(2)

The nature and character of the proposed business and type of license applied for;

(3)

If the business is to be operated by an individual, the name and address of that individual;

(4)

If the business is to be operated by a partnership, the names and addresses of all general partners, the licensee and the license representative;

(5)

If the business is to be operated by a corporation, the name of the corporation, the address of the corporate office, the name and address of the registered agent for service of process for the corporation, the name and address of all officers and shareholders holding more than 15 percent of the stock of the corporation, and the name and address of the licensee and license representative; and

(6)

Such other appropriate information as may be required by the city.

(b)

The truth of the contents of an application for a license shall be sworn to by the licensee and the license representative.

(c)

The license applicant shall also file with the city clerk a completed State of Georgia Department of Revenue Alcohol License Application form CRF-009 that has been or will be filed with the State.

(d)

The application, when filed with the city clerk, shall be accompanied by a processing and investigation fee of $350.00. Such fee shall cover costs of investigating the license applicant and shall be credited against the first annual license fee upon grant of a license. Said processing fee will not be refunded if the requested license is not granted.

(e)

When the license is approved, the license fee must be paid by certified check or cash within 30 days and prior to the issuance of the license.

(f)

If the person applying fails to receive a license from the State of Georgia, any license fees in excess of the processing and investigative fees paid to the city shall be refunded.

(g)

Only one application form and accompanying documents shall be filed for each business premises.

(Ord. No. 01-2015, § 1, 11-24-2015)

Those applying for a license shall submit in support of the application for license the following documents;

(1)

A certificate from a Georgia registered land surveyor showing a scale drawing of the location of the proposed premises and the shortest straight line distance from the closest point of the licensed premises to the nearest property line of any housing authority property, church building, alcoholic treatment center building, school building, educational building, school, college building, college campus, or other establishments engaged in the sale of alcoholic beverages located within a radius of 600 feet of the premises.

(2)

The affidavit of each person whose name appears on an application for a license, pursuant to section 10-27 of this chapter, swearing that said person has not, within five years prior to the date of the application, been convicted of or entered a plea of guilty or nolo contendre to any felony, misdemeanor involving moral turpitude, or any charge relating to the sale, manufacture, distribution, taxability, possession or use of alcoholic beverages or illegal drugs, including the offense of driving a motor vehicle under the influence of alcohol or drugs.

(3)

A copy of a deed showing the applicant to be the owner of the premises for which the license is sought or a copy of a lease showing any interest the owner of the premises has in the premises for which the license is sought.

(4)

A certificate of the chief of police of the City certifying that each person, named in an application pursuant to section 10-27 of this chapter, has been investigated and found not to have been convicted of nor to have entered a plea of guilty or nolo contendre to any felony, misdemeanor involving moral turpitude, or any charge relating to the sale, manufacture, distribution, taxability, possession or use of alcoholic beverages or illegal drugs within five years prior to the date of the application for license. For those applicants, who, within the last five-year period, have resided in a state other than Georgia, the applicant must furnish a certified copy of a driver history and criminal background history from the state or states in which he/she has resided.

(5)

If the same person intends to serve as the licensee and the license representative, he/she shall submit an affidavit certifying that he/she is at least 21 years of age, a resident of DeKalb, Gwinnett, Fulton, Cobb, Rockdale, or Clayton County and a manager of the business, pursuant to section 10-23 and 10-25.

(6)

If the license applicant will not serve as the license representative, an affidavit from the proposed license representative certifying that he/she is at least 21 years of age, a resident of DeKalb, Gwinnett, Fulton, Cobb, Rockdale, or Clayton County and will be the manager of the business.

(7)

An affidavit of notice placement through signage pursuant to sec. 10-33(b) of this chapter.

(8)

An affidavit from the publisher of the city's official legal organ of legal notice of license application, pursuant to sec. 10-33(a) of this chapter.

(Ord. No. 01-2015, § 1, 11-24-2015)

Any untrue or misleading information contained in or material omission left out of an original application for a license under this chapter shall be cause for the denial thereof. If any license has been granted under these circumstances, there shall be cause for revocation of same.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

No license under this chapter shall be issued unless the location proposed for the business is in compliance with currently applicable provisions of the zoning ordinance, as amended.

(b)

The provisions of this section shall not apply to those business establishments holding a valid retail package license for the sale of malt beverages and /or wine on the date of adoption of this chapter provided that such license remains current.

(Ord. No. 01-2015, § 1, 11-24-2015)

The city clerk shall cause an inquiry to be made into the tax records to determine if any applicant or other parties interested in an application have any outstanding taxes, special assessments, unpaid utilities or any other monies owed to the city. No license shall be issued, renewed or considered for issuance to an applicant that has any outstanding obligations to the city.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

No alcohol license shall be issued pursuant to this chapter to sell or offer to sell:

(1)

Any distilled spirits by the package in or within 100 yards of any church building or within 200 yards of any school building, educational building, school ground, or college campus.

(2)

Any wine or malt beverages by the package within 100 yards of any school building, school grounds, or college campus.

(3)

Any distilled spirits, wine, or malt beverages by the package within 100 yards of an alcoholic treatment center owned and operated by this state or any county or any municipal government therein.

(4)

Any distilled spirits, wine, or malt beverages by the package or for consumption on the premises within 100 yards of any housing authority property.

(5)

Applicants for licenses for the retail sale of alcohol beverages for consumption on the premises shall not be subject to regulations as to distances from churches, schools, and colleges.

(b)

Schools applicable. The schools or colleges referred to herein shall include only such state, county, City, church or other schools as teach the subjects commonly taught in the common schools and colleges of this state, and which are public schools or private schools.

(c)

Method of measuring. The distances set out in subsection (a) shall be measured by the most direct route of travel on the ground.

(d)

The provisions of this section shall not apply to those business establishments holding a valid retail license for the sale of alcoholic beverages on the date of adoption of this chapter provided that such license remains current and does not become and remain inactive for a period exceeding 12 months from the date last issued.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All persons applying for a license under the terms of this chapter shall give notice of that application by placing a notice in the city legal organ for two consecutive weeks prior to the week when the application shall be heard by the city council. An affidavit from the publisher of said legal organ shall be filed with the city clerk prior to the hearing.

(b)

Said notice shall contain the location of the proposed business, names of all persons as they appear on the application as required by section 10-27 of this chapter, and the date and time the city council will hear the application. The advertisement shall be the type used for legal ads in the legal organ of the city, and the notice referred to shall be in the following form:

NOTICE OF APPLICATION FOR RETAIL LICENSE TO SELL ALCOHOLIC BEVERAGES

___________, has/have made application to the Council of the City of Pine Lake for a retail license to sell alcoholic beverages at the following location ___________. The application will be heard by City Council at a public hearing to be held at ___ o'clock ___.m. on the ___ day of ___________, 2___.

Note: Names of the individual, general partners, corporation, licensee and license representative must be shown.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Applications shall be reviewed by the city clerk for completeness and the applicant notified of any deficiencies in the information provided. If the applicant fails to complete the application by supplying the missing information of documents within 14 business days of request, the application shall be administratively denied by the city clerk and the applicant notified of such by certified mail or personal delivery.

(b)

Upon receipt of a complete application, the application package shall be placed on the next agenda for the city council, provided the next meeting occurs no sooner than seven days from receipt of the completed documents. At the city council meeting, the mayor shall be convene a public hearing and take comments from the applicant and any member of the public wishing to speak. The application shall be considered by the city council only at a regular monthly meeting of the city council.

(c)

All applicants for a license meeting the ascertainable standards of this chapter will be granted a decision on the license or licenses requested upon the hearing; and the mayor and city council in applying the facts to the licensing criteria will act in a judicial capacity.

(d)

Upon the closing of the public hearing, the City Council shall vote on approval or denial of the application. If the vote is to deny the application, the council shall provide to the city clerk the reasons for denial under this chapter.

(e)

Whenever an application for license is denied by the Mayor and city council the reasons for such denial shall be stated in writing and entered upon the minutes. Appeals from the denial of a license application shall be by writ of certiorari to the Superior Court of DeKalb County.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Upon approval of the application for license and the timely payment of the license fee, the city clerk shall issue the appropriate license for the year in which said approval was granted.

(b)

If issued to a corporation, said license shall be issued in the name of said corporation, the licensee and the license representative.

(c)

If issued to a partnership, said license shall be issued in the name of all general partners, the licensee and the license representative.

(d)

If issued to an individual, said license shall be issued to that individual as licensee and the license representative.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

For any new license granted prior to July 1 of each year, the licensee shall pay the full annual license fee.

(b)

For any new license granted on July 1 of each year, or subsequent thereto, the license fee shall be reduced by one-half.

(Ord. No. 01-2015, § 1, 11-24-2015)

All licenses shall expire on December 31 of the year of issue. The sale of alcohol without a valid license issued for the year in which the sale is offered is prohibited. Licenses may be renewed as herein set forth:

(1)

The city clerk may send a letter to all license holders on or before the first day of October of each year to remind license holders of the renewal deadline for the subsequent year; provided that it is the responsibility of the license holder to timely apply for renewal and any failure of the city clerk to provide advance notice does not negate the expiration date of the existing license nor result in delayed deadlines for seeking renewal of licenses.

(2)

The licensee shall file a renewal application form with the city clerk on or before November 1 of each year.

(3)

Each renewal application shall be referred to the chief of police, who shall report on the licensee's activity, if any, and upon activity at the location of the licensed business, if any, during the year.

(4)

If the chief reports any activity that constitutes due cause for not renewing a license, the renewal shall not be made by the city clerk. "Due cause" shall consist of any action or violation as set forth in section 10-100 of this chapter.

(5)

In the event due cause for non-renewal is found, written notice of the reason or reasons for such non-renewal shall be mailed or delivered to the licensee at the licensed premises or mailed to the address shown on the renewal application. The licensee shall have ten days from the date of the written notice to request a public hearing before the city council, as provided for in section 10-100 of this chapter. As provided in sec 10-101(d) of this chapter, appeals from decisions of city council are appealable via writ of certiorari to the Superior Court of DeKalb County.

(6)

Provided that "due cause" does not exist for not renewing the license, the city clerk shall issue the renewal license upon payment of the annual license fee by the licensee on or before the last business day in November preceding the year for which the license is sought.

(7)

If an alcoholic beverage license renewal application and license fee have not been filed with the city clerk by the last business day in December of each year, the license shall be declared to be abandoned and any relicensing shall require a new application as set forth in sec. 10-22 through sec. 10-30.

(8)

Any change in the name of the licensee or license representative shall require the filing of a new application and payment of the fee set forth in section 10-27(d) of this chapter.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Prior to the construction, renovation or completion of a licensed premises, the applicant may obtain a license only if plans for the proposed premises comply with applicable provisions of this chapter; however, no sales of alcoholic beverages shall be allowed upon the premises until the premises are completed according to plans that were approved by the city, a certificate of occupancy has been issued, and all other provisions of this chapter are met.

(b)

Prior to the beginning of construction of any addition to a licensed premise, the licensee shall submit to the city clerk a new survey and plans showing the location and dimensions of the addition to the licensed premises. Approval of the city shall be required for any addition to ensure compliance with all applicable regulations governing the sale of alcoholic beverages. Following completion of the addition, the licensee shall furnish a certificate from the surveyor stating that the completed addition to the licensed premises is as shown on the plat of survey previously submitted. If any addition to the licensed premises is erected in violation of any provision of this chapter, the license granted hereunder shall be revoked by the city and all fees forfeited.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All holders of licenses hereunder must, within six months after the issuance of the license, open the establishment referred to in the license. If the license holder fails to open the licensed establishment or receive a time extension from the city council within the initial six-month period, the license shall expire and all fees shall be forfeited.

(b)

In the event any holder of a license who, after beginning operation, ceases to operate the business for a three-month period, the license shall expire and all fees shall be forfeited; provided that where damage has occurred to the premises through Act of God or other calamity (and not the fault of the licensee), resulting in closure of the premises for rebuilding or repairs, the city council, upon request of the license holder, may waive the expiration of the license for such time as it deems reasonable given the nature of necessary repairs.

(Ord. No. 01-2015, § 1, 11-24-2015)

Where a retail alcoholic beverage license exists in an area outside the city limits, upon annexation of such area, the same may be continued, subject to all restrictions and requirements of this chapter except section 10-31.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Transfer of licenses. Retail alcoholic beverage licenses may be transferred from one owner to another with the approval of the city clerk provided:

(1)

The business has existed at the same location and licenses have not been transferred for more than one year.

(2)

All existing alcoholic beverage licenses issued to the existing owner for that location shall be transferred;

(3)

The new owner shall comply with all provisions of section 10-27 through 10-31 of this chapter except for subparagraph (a) provided such information was previously supplied by the existing owner or previous owners and has not changed.

(4)

The new owner passes a background check by the chief of police.

(5)

A transfer fee in the amount of $100.00 is paid to the city clerk upon filing of the request.

(b)

Substitution of licensee or license representative.

(1)

All requests for a change in licensee or license representative must be approved by the city clerk and shall include all appropriate information or supporting documents required under Sections 10-27 and 10-28 of this chapter as outlined in an approved form to be supplied by the city clerk for that purpose.

(2)

The transferee and all persons identified in the transfer application pass the background check by the chief of police.

(3)

A fee in the amount of $100.00 is to be paid to the city clerk upon the filing of the request.

(c)

Temporary license representatives. As long as there is no change in ownership, a temporary license representative may be appointed by the licensee for a period not to exceed 30 days, subject to the following conditions:

(1)

That temporary license representative makes application by providing all appropriate information or supporting documents required under sections 10-27 and 10-28 of this chapter as outlined in an approved form to be supplied by the city clerk for this purpose;

(2)

That application is approved by the City Clerk prior to the issuance of an amended license;

(3)

There shall be no residence requirement for a temporary license representative; and

(4)

There shall be no extension of the thirty-day period of operation for any temporary license representative, without approval of the city clerk.

(5)

No fee shall be required at the time of filing the application for a temporary license representative provided that within ten calendar days a request for a change in the license representative is filed in accordance with sec. 10-41(b) herein.

(d)

All business relocations must be approved by the city clerk and the licensee and license representative shall provide all appropriate information and supporting documents as required under sections 10-27 and 10-28 of this chapter. Requirements of section 10-33 relating to advertising must be met. Additional license fees shall not be required provided there is no change in the named licensee or license representative.

(e)

Any change in residency by any party named in the license application (including but not limited to licensee, partners, and owners) shall be reported to the city clerk within 30 calendar days.

(f)

Any violation of this section shall constitute due cause for probation, suspension or revocation of the license or licenses granted by the city council.

(Ord. No. 01-2015, § 1, 11-24-2015)

Should any applicant fail to attend a public hearing before the mayor and council regarding a new license, a request to transfer a license, a request to change a license on a license representative, or a request to relocate the business of a license, the mayor and council may consider such application or request to have been withdrawn by the applicant.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Every applicant shall, prior to applying for a license, read and familiarize himself with the provisions of this chapter, and the application shall constitute a certification that applicant has done so. Every licensee shall maintain a copy of this chapter on the licensed premises and shall instruct each employee engaged in the sale or handling of alcoholic beverages concerning the relevant provisions of this chapter.

(b)

An applicant shall be active in the operation of the licensed business and shall be personally present on the licensed premises sufficiently to ensure compliance with the provisions of this chapter. For purposes of this section, a licensee shall not be considered active unless he/she is an owner, stockholder, or fulltime employee of the licensed business and is present on the licensed premises a minimum of ten hours per week.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

No person shall be employed to engage in the sale of alcoholic beverages by an establishment holding a license under this chapter unless such person first certifies in writing, on a form provided by the police department, that he/she eligible to obtain an work permit. Licensees shall make a good faith effort to ensure that such employees file applications for work permits as soon as practicable. In no case shall a licensee allow any employee to engage in the sale of alcoholic beverages when such employee has failed to apply for a work permit within four days of the date of their original employment.

(b)

All employees who work for a business licensed to sell alcoholic beverages within the city who are actually engaged in the sale of alcoholic beverages shall be required to apply for and obtain a work permit from the police department for each location at which the employee is working. All work permits issued to employees who sell alcoholic beverages within the city shall have on the work permit the person's name, the name of the establishment, and the address of the establishment.

(c)

No work permit shall be issued to any applicant until such time as a signed application has been filed with the police department and a search of the criminal record of the applicant completed. The application shall include, but shall not be limited to, the name, date of birth, and prior arrest record of the applicant, though the fact of an arrest record shall be used for investigative purposes only, and shall give rise to no presumption or inference of guilt. Because of the inclusion of arrest information, these applications shall be regarded as confidential to the extent allowed by the Georgia Open Records Act. The police chief or his/her or her designee shall have a search made relative to any police record of the person fingerprinted. In no event shall any work permit be granted to any persons who have been convicted under any federal, state, or local law or have pleaded guilty or entered a plea of nolo contendere to any crime, misdemeanor, or felony involving moral turpitude, or illegal possession or sale of narcotics or liquors within a period of five years immediately prior to the filing of such application, nor shall any such person sell or dispense alcoholic beverages. If there is no record of a violation disqualifying the employee from obtaining the permit, the police chief or his/her designee shall issue a work permit to the employee, stating that the person meets the requirements of this chapter. When any employee's work permit is denied, the police chief or his/her designee shall issue to the employer and applicant a letter stating that the person does not meet the requirements of this chapter and that, upon request, the police chief or his/her designee will refer the matter and any evidence the person cares to submit in their behalf to the city administrator for consideration. If the person requests consideration by the city administrator, the entire record will be sent. The city administrator or his/her designee shall consider all matters presented and make a decision as to whether the person qualifies for a work permit under this chapter. In the event the city administrator or his/her designee denies the permit, written notice shall be provided of the denial to the applicant.

(d)

Alcoholic beverage server permits shall expire at midnight on December 31 of the calendar year for which they are issued.

(e)

It shall be the duty of all persons holding any license to sell alcoholic beverages to file with the police chief the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers twice annually on or before June 1, and again on or before December 1.

(f)

All work permits issued through administrative error or through an error in the conduct of a background investigation may be revoked by the chief of police, subject to the provisions of section 10-101.

(g)

This section shall not be construed to include employees whose duties are limited solely to those of busboys, cooks, dishwashers or similar jobs that do not involve selling or serving or controlling the selling or serving of alcoholic beverages.

(h)

Except as provided in this section, no licensee shall allow any employee required to hold a work permit to work on the licensed premises unless the licensee has on file, on the premises, the current, valid work permit of each such employee.

(i)

Work permits shall be the property of the employee and shall be transferable to allow the holder to work in other licensed alcoholic beverage establishments in the city during its term. Should an employee holding a work permit leave the original place of employment, he/she shall notify the chief of police of any new location in the city for which the work permit is being utilized within 10 days of new employment requiring an alcoholic beverage work permit.

(j)

All work permits issued under this chapter shall be produced for inspection upon the demand of any officer of the police department.

(k)

Any employee engaged in selling or serving or controlling the selling or serving of alcoholic beverages shall be 18 years of age or older.

(l)

Each application for a work permit under this chapter shall be accompanied by a check or cash for the full amount of the work permit fee as outlined in the city council's approved schedule of fees.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

In addition to the general occupational tax certificate requirements of this Code, the following section shall apply to the licensing and operation of all bed and breakfast establishments furnishing alcoholic beverages for consumption by their guests. Should any provision of this section conflict with other provisions in this chapter, then this section shall control.

(b)

All bed and breakfast establishments that have registered as such with the city and paid an occupation tax to the city may obtain a permit from the city that allows the serving of alcoholic beverages to their registered guests, provided the applicant and any employees meet the requirements of this chapter for the licensing and serving of alcoholic beverages. Such establishments are not subject to food/beverage ratios applicable to restaurants. A licensed bed and breakfast may only provide that which is authorized by the alcoholic beverage license. No alcohol shall be provided to any person unless that person is a valid registered guest occupying a room within that facility and such alcohol is furnished as part of or in conjunction with their stay, the cost of which is absorbed into the room rental. All other provisions of this chapter not in conflict with this section shall apply to bed and breakfast establishments.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

For the purpose of this section, the following definitions shall apply:

(1)

"Food caterer" means any person who, for consideration, prepares food for consumption off the premises.

(2)

"Licensed alcoholic beverage caterer" means any person licensed for the sale of alcoholic beverages by the state and who possesses a license by a local government in the state authorizing such person to sell or dispense alcoholic beverages by the drink off licensed premises and in connection with an authorized catered function.

(3)

"Authorized catered function" means an event at a location not otherwise licensed for consumption of alcoholic beverages by the drink at which alcoholic beverages are furnished, for consideration, and sold, dispensed or provided free of charge to persons present at the event, by the drink, pursuant to a permit obtained under this section.

(b)

Licenses may be obtained for the purpose of selling or dispensing alcoholic beverages by the drink on premises at which authorized catered functions are to be held. Such licenses shall be annual licenses and may be obtained only by those persons, firms or corporations already licensed by the city for the sale of alcoholic beverages at retail or by the drink. The procedures for securing such licenses and the terms thereof, including license fees, shall be as provided in this chapter.

(c)

Before a licensed alcoholic beverage caterer may sell or dispense alcoholic beverages at any authorized catered function, such caterer shall obtain a permit. The application for permit shall include the name of the alcoholic beverage caterer, the caterer's license number, and the date, address and time of the event. No permit fee shall be charged for the alcoholic beverage caterer's license by the city. For caterers licensed by jurisdictions other than Pine Lake, a fee of $50 per event permit shall be charged. No permit should be issued to any person under this section who does not hold an alcoholic beverage caterer's license from a local jurisdiction in the state of Georgia. The permit should be kept in the vehicle used to transport alcoholic beverages to the event at all times during which the permit is in effect.

(d)

Caterers licensed by a jurisdiction other than Pine Lake shall maintain a record of all alcoholic beverages transported into the city for the event, and shall pay an excise tax to the City covering all such beverages at the rates provided by this chapter. Failure to report and remit the tax within seven days of the conclusion of the event should be grounds for denial of subsequent permits to that caterer for similar events.

(e)

Caterers licensed by Pine Lake shall maintain a record of all alcoholic beverages transported for each event, by event, and shall make report and remittance of excise taxes with the regular monthly reports to the city.

(f)

No alcoholic beverages shall be transported, distributed or sold to other than licensed locations in the city, except to authorized catered functions, unless otherwise authorized by this chapter or by state law. A licensed alcoholic beverage caterer may only sell or provide that which is authorized by his/her alcoholic beverage license. For example, if the alcoholic beverage vendor possesses a valid license to sell malt beverages, he/she may only sell malt beverages at the authorized special event or function.

(g)

The hours and days of sale or distribution of alcoholic beverages under this section shall be the same as provided for sales of alcoholic beverages by the drink.

(h)

No licensed alcoholic beverage caterer shall employee any person under 21 years of age to dispense, serve, sell or handle alcoholic beverages at authorized catered functions.

(i)

As a condition of permit issuance, alcoholic beverage caterers licensed by jurisdictions other than Pine Lake shall be provided a copy of the city's alcoholic beverage ordinances, and shall indicate, by their signature, that they have received such ordinances and acknowledge the applicability of such ordinances to their operations.

(j)

Exclusive of the license required herein, each alcoholic beverage vendor wishing to sell or distribute distilled spirits, malt beverages, or wine at an authorized special event or function within the city must also apply for an event permit. The application for the event permit shall include the name of the caterer; the date, address, 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.

(k)

Nothing in this section shall prohibit the serving of alcoholic beverages in private living quarters by the host of such quarters to the host's guests, provided no third party is engaged in the bringing of alcoholic beverages onto the premises or serving such beverages to the host's guests.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Upon the filing of an application as required by city clerk and payment of the appropriate fee by a bona-fide non-profit, tax-exempt civic organization, the city clerk may issue a permit authorizing the organization to sell or serve alcoholic beverages for consumption only on the premises for a period not to exceed two days, subject to provisions of this chapter regulating the time for selling such beverages.

(b)

No more than six permits may be issued to an organization in any one calendar year pursuant to this paragraph.

(c)

Permits issued pursuant to this paragraph shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued.

(d)

Proof of such non-profit, tax-exempt status, such as a determination from the Internal Revenue Service that the organization is exempt under section 501-C of the Internal Revenue Code must be provided.

(e)

Exclusive of the permit required herein, each person, firm or corporation wishing to sell or distribute distilled spirits, malt beverages, or wine at an authorized special event or function within the city must also apply for an event permit. The application for the event permit shall include the name of the sponsor of the event; the date, address, 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 event or function.

(f)

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 a special event or function without first having obtained a permit as provided herein.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

No person shall be allowed to sell at retail package malt beverages, or foreign and domestic wines unless the same is sold in conjunction with one of the following types of businesses:

(1)

Grocery store;

(2)

Convenience store;

(3)

Motor vehicle fueling station;

(4)

Drug store;

(5)

Specialty store dealing with food items, including supplies for the making of beer and wine;

(6)

Bakeries and coffee shops.

(7)

Retail package dealer licensed to sell distilled spirits.

(b)

No person shall be allowed to sell at retail distilled spirits by the package unless same is sold in conjunction with a business licensed as a retail package dealer.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 6, 1-9-2017)

(a)

No license shall be granted to a retailer under the provision of this chapter, unless the front entrance to the premises is clearly visible from a public street; provided, however, that this restriction shall not apply where the licensee has a location in a shopping center or multiple-story business building.

(b)

Where a building in which a retailer intends to operate under the provisions of this chapter is at the time of the application for such license not in existence or not yet completed, license may be issued for such location, provided the plans for the proposed building show clearly a compliance with the other provisions of this chapter.

(c)

No sales shall be made from such establishment until it has been completed in accordance with said plans and is in conformity with all of the other provisions of this chapter.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All licensed premises shall be kept clean and in proper sanitary condition and in full compliance with the provisions and regulations governing the condition of premises used for the storage and sale of food for human consumption. It shall be unlawful to permit any disturbance of the peace, obscenity, or public indecency on the premises.

(b)

The fire department shall, upon request of the City Clerk, inspect such premises and report its findings to the city clerk. All premises licensed hereunder shall conform at all times with all fire regulations of the city, county and State.

(Ord. No. 01-2015, § 1, 11-24-2015)

No screen, blind, curtain, partition, signage, article or thing that prevents a clear view into the interior shall be permitted in the window or opening of any door of any retail package store, and no booth, screen, partition or other obstruction shall be permitted within the interior of any such store. Each such retail store shall be so lighted that the interior of the store is visible day and night.

(Ord. No. 01-2015, § 1, 11-24-2015)

No licensee operating premises wherein package sales of alcoholic beverages are sold shall operate lighted electrical signs or devices advertising such beverages except during the hours that such products are being offered for sale to the public.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 7, 1-9-2017)

(a)

Except as otherwise permitted in this section, no retail licensee shall permit on such licensee's premises any slot machines, video games, mechanical music boxes, pinball machines or coin-operated amusement machines of any kind or character.

(b)

Convenience stores, the primary purpose of which is the sale of food items, may utilize coin-operated amusement devices as provided by this Code regarding the regulation and licensing of coin-operated amusement machines.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be unlawful to sell alcoholic beverages in poolrooms or billiard parlors.

(Ord. No. 01-2015, § 1, 11-24-2015; Ord. No. 2017-01, § 8, 1-9-2017)

Any type of consumption on the premises license for alcoholic beverages may be granted only to a restaurant, private club, hotel, or bed and breakfast establishment as defined under section 10-2.

(Ord. No. 01-2015, § 1, 11-24-2015)

In order for an establishment to qualify for a pouring license for distilled spirits, malt beverages or wine for consumption on the premises, as a restaurant, private club or restaurant in a hotel, such establishment must have at least 50 percent of its total sales comprised of the sale of food prepared on the premises and nonalcoholic beverages consumed on the premises; and for this purpose, if a restaurant makes a minimum charge, cover charge, or admission charge, or any other non-food or non-alcoholic beverage charge, the amount so charged shall not be counted in computing total sales and shall not be counted as a food or beverage sale.

(Ord. No. 01-2015, § 1, 11-24-2015)

Where a minimum sleeping or seating capacity is prescribed in this chapter, the same shall be judged by existing ordinances of the city, county or state regulations or by reasonable standards. The fire department, shall, upon request of the city clerk, inspect such premises and report its findings to the city clerk. All premises licensed hereunder shall conform at all times to all fire regulations of the city, county, and state.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be unlawful for any sale of alcoholic beverages to be made outside of the premises licensed for such sale.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Each licensee shall maintain a schedule of the prices charged for all alcoholic beverages to be served and consumed at each licensed establishment or in any room or part thereof. The schedule of prices shall be posted or published in a conspicuous manner as to be in view of the paying public, and the schedule shall be effective for not less than one day.

(b)

No licensee or employee or agent of a licensee shall:

(1)

Offer or deliver any free alcoholic beverage to any person or group of persons.

(2)

Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the price regularly charged for such alcoholic beverage during that business day, except at private functions not open to the public.

(3)

Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public.

(4)

Sell, offer to sell, or deliver alcoholic beverages, including malt beverages, by the pitcher, except to two or more persons at any one time or without serving an entree listed on the establishment's regular menu.

(5)

Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during that business day.

(6)

Encourage or permit at the licensed establishment any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize.

(7)

Issue to any customer any coupon, receipt, ticket or other item purporting to authorize the receipt of any free or reduced-price alcoholic beverage.

(8)

Sell, offer to sell, or deliver to any patron any alcoholic beverage if said patron has in such patron's possession or control any unconsumed alcoholic beverage.

(c)

No licensee shall advertise or promote in any way, whether within or without the licensed establishment, any of the practices prohibited under subsection (b).

(d)

No provision of this section shall be construed to prohibit licensees from offering free food or entertainment at any time provided all patrons or customers are allowed equal access to such free food or entertainment. No provision of this section shall be construed to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person, or to prohibit any hotel or motel from offering room services to registered guests. No provision of this section shall prohibit a licensee from offering packages in which alcoholic beverages and food or lodging are offered as a unit; provided the value of the alcoholic beverage is established at a uniform level for each package so offered, and the alcoholic beverage delivered as part of the package does not exceed the package allowance, and the tax due on the package allowance is remitted in full to the City for each package sold.

(e)

No hotel or motel maintaining more than one licensed establishment upon its premises shall allow the promotion of one of its licensed establishments over another on the basis of prices for alcoholic beverages.

(f)

For the purposes of this section, "business day" shall mean that period running from 8:00 a.m. until 12:00 midnight, Monday through Sunday.

(Ord. No. 01-2015, § 1, 11-24-2015)

Consumption on premise licenses obtained by hotels shall include the right to serve alcoholic beverages by the drink to registered guests in their hotel rooms as well as to deliver alcoholic beverages in unbroken packages to registered guests' rooms when such beverages have been ordered by such guests and/or to provide a cabinet or other facility in a hotel guest's room which contains alcoholic beverages for which the establishment is licensed, and which is accessible by lock and key only to the guest, and for which the sale of the alcoholic beverages contained therein is final at the time requested, except for a credit which may be given to the guest for any unused and unopened portion. All alcoholic beverages sold or distributed under this section shall be obtained by the hotel directly from a licensed wholesaler or distributor and shall be stored on the premises of the hotel until sold or served.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All premises licensed for the consumption of alcoholic beverages on the premises shall be kept clean and in proper sanitary condition and in full compliance with provisions and regulations of the city, county and state governing the conditions of premises used for the storage and sale of food for human consumption.

(b)

No licensee for consumption on the premises shall permit any disturbance of the peace, obscenity or public indecency on the licensed premises, including on grounds outside the building under the control of the licensee.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Licensees shall, within thirty (30) days following the end of each quarter, file with the city clerk a report sworn to by the licensee, setting forth gross sales of licensee for each month during the quarter being reported, sales of food and non-alcoholic beverages, and sales of alcoholic beverages.

(b)

Should the total sales from food and non-alcoholic beverages reported by any licensee for consumption on the premises not exceed those from the sale of all alcoholic beverages as required by this chapter for any two monthly periods, the license may be suspended or revoked by the mayor and council after a hearing as provided for in section 10-100.

(Ord. No. 01-2015, § 1, 11-24-2015)

In addition to the reporting requirements detailed in section 10-77, the city clerk may require that licensee furnish a statement from a certified public accountant that reports the percentage of the licensee's total sales derived from the sale of food and non-alcoholic beverages sold on the premises compared to the sale of all alcoholic beverages sold on the premises in the licensee's most recent reporting period.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All restaurants and private club eating areas, including all tables, booths, and other areas where customers are served and including all passageways for customers, shall be sufficiently well illuminated so that those inside the premises may view them.

(b)

The sale of alcoholic beverages in any back room or side room that is not open to the general public is prohibited, except that this prohibition shall not apply with respect to:

(1)

Private parties that have been scheduled in advance;

(2)

Room service to hotel guests in their hotel rooms, provided a properly licensed restaurant is located on the premises; and

(3)

Private clubs otherwise meeting the standards of subsection (a).

(Ord. No. 01-2015, § 1, 11-24-2015)

Patron dancing shall be permitted at facilities licensed for consumption on the premises sales only where:

(1)

Adequate space exists;

(2)

All fire and safety regulations are met; and

(3)

Capacity limitations on the premises are not exceeded.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

All distilled spirits, malt beverages or wine sold by the drink for consumption on the premises shall be consumed only on the licensed premises. It shall be unlawful for any person to remove from the licensed premises any alcoholic beverages sold for consumption on the premises. Each licensee shall be responsible for ensuring that no person knowingly removes any alcoholic beverages from the premises in any type of container.

(b)

Each consumption on the premises licensee shall post in a prominent place at each exit from the licensed premises a sign in substantially the following form: "It is a violation of city ordinance to take any type alcoholic beverage from this outlet". Such sign shall be uniform letters not less than one inch in height.

(Ord. No. 01-2015, § 1, 11-24-2015)

No advertising of alcoholic beverages shall be published or disseminated in the city which:

(1)

Contains any statement, design, or partial representation that falsely implies that the product has been endorsed, made, or used by, or provided for, or under the supervision of or in association with the specifications of any religious organization, the city, or any other local governmental entity.

(2)

Contains any reference, directly or indirectly, which falsely implies an endorsement by, or relationship with, any school, college or university.

(3)

Is directed to, or promotes in any way, the sale of alcoholic beverages to, persons under the legal age to purchase alcoholic beverages in the State of Georgia.

(Ord. No. 01-2015, § 1, 11-24-2015)

No licensee operating premises wherein distilled spirits, wine or malt beverages are sold by the drink shall operate lighted electrical signs or devices advertising such beverages except during the hours that such products are being offered for sale to the public.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be lawful to sell malt beverages, wine or distilled spirits by the drink for consumption on the premises, in poolrooms or billiard parlors provided such poolrooms or billiard parlors also meet the requirements of a restaurant as defined in this chapter; however, in any poolroom or billiard parlor where malt beverages, wine or distilled spirits are sold, it shall be unlawful for the proprietor or operator to allow anyone under the age of 18 to patronize such business establishment unless accompanied by a parent or guardian or who possesses a written permit from a parent or guardian, which permit is witnessed by a notary public with seal.

(Ord. No. 01-2015, § 1, 11-24-2015)

"Brown bagging" and "brown bag establishments" as defined in sec. 10-2 of this chapter shall be permitted within the City of Pine Lake, subject to the following conditions:

(1)

The establishment meets the definition of a restaurant or private club.

(2)

The hours during which brown bagging is allowed conform to and do not exceed the hours during which the sale of alcoholic beverages for consumption on the premises is legal in the city.

(3)

The owner of the brown bagging establishment has first passed a background check and secured a city permit allowing brown bagging.

(4)

All alcoholic beverages shall be brought into the establishment at the time of their use by the patron and shall be removed in their entirety by the patron when that patron leaves the establishment.

(5)

No storage of alcoholic beverages on the premises shall be permitted under any circumstances.

(6)

The allowance of brown bagging is limited to the patrons sharing a meal with the patron who brought the alcoholic beverage into the establishment; no sharing of alcoholic beverages among tables and patrons not included within the initial patron's party shall be permitted.

(7)

The owner of the establishment remains responsible for the maintenance of good order on the premises.

(Ord. No. 01-2015, § 1, 11-24-2015)

"Lounges" or "bars" are prohibited within the City of Pine Lake; provided that lounges and/or bars attached to a restaurant licensed for the sale of alcoholic beverages for consumption on the premises are permitted (including those within hotels) as long as the total receipts for food and beverages of the restaurant and lounge are added together and the combined receipts show at least 50 percent of the revenue of the combined usage is derived from the sale of food and non-alcoholic beverages consumed on the premises, and provided further that the hours of operation of the lounge or bar do not exceed the hours of operation of the attached restaurant.

(Ord. No. 01-2015, § 1, 11-24-2015)

Brew pubs meeting the standards of O.C.G.A., Section 3-5-36, as well as meeting the definition of a restaurant under this chapter may be licensed in the city as a restaurant and shall be subject to all regulations and requirements of restaurants.

(Ord. No. 01-2015, § 1, 11-24-2015)

It shall be the responsibility of the licensee or license representative to acquaint all employees engaged in the sale or service of alcoholic beverages with the requirements of this chapter and state law regulating the handling, selling, serving, delivering, dispensing or taking orders for alcoholic beverages. All servers of alcoholic beverages shall have a properly issued work permit as required in section 10-45, Employee regulations, supra.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Any license that has been issued by the city may be suspended, revoked, or placed on probation for due cause as hereinafter defined. "Due cause," for purposes of this section shall include, but not be limited to:

(1)

Conviction (to include a plea of guilty or nolo contendre) by local, state or federal authorities of the licensee or license representative for any felony, or any misdemeanor involving moral turpitude, or any law, regulation or ordinance involving alcohol beverages, gambling, or tax law violations, including but not limited to those enumerated in section 10-23 (d), supra;

(2)

Conviction (to include a plea of guilty or nolo contender) by local, state or federal authorities of any employee of the licensee for violation of any law or ordinance regulating alcoholic beverages, including but not limited to, violation by such employee of any of the standards of this chapter;

(3)

Any violation of this chapter upon the licensed premises or by persons acting on behalf of the licensed premises with respect to the violation;

(4)

Suspension or revocation of any state license required as condition for the possession, sale or distribution of beverage alcohol;

(5)

Material falsification of any fact given in application for a license issued under this chapter or bearing upon the licensee's qualification therefor, or any act which may be construed as a subterfuge in an effort to circumvent any of the qualifications for a license under this chapter;

(6)

The licensed business fails to properly account for, file, report and/or maintain any records and/or remit or pay any renewal license fee imposed, sales taxes, or excise taxes required under the city ordinances.

(7)

Conduct of the licensed business in such a manner as to require excessive police monitoring or response to preserve the public order and secure compliance with federal, state and local laws and ordinances regulating alcoholic beverages.

(b)

With respect to this section, it shall be presumed that the act was done with the knowledge or consent of the licensee; provided, however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such licensee did not know, assist or aide in such occurrence, or in the exercise of due diligence could not have discovered or prevented such activity.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Action to suspend, revoke, or place a license on probation shall be commenced by the city clerk making written recommendation to the mayor and city council and giving written notice to the licensee, either by certified mail, return receipt requested, or by personal service upon licensee or his/her agent at the licensed location, stating the grounds therefor, and the date, time and place such matter will be heard by the mayor and city council. Notice shall be served at least ten days prior to the date of the hearing. Included in the notice shall be an advisement of the licensee's right to be heard before the council. Any licensee requiring subpoenas to compel the attendance of city witnesses or documents at the hearing shall file a written request with the city clerk at least five days prior to the hearing. Hearings may be continued for good cause only.

(b)

Hearings shall only be as formal as necessary to preserve order and shall be compatible with the principles of justice. The city attorney or his/her designee shall present the city's case and shall bear the burden of proving by a preponderance of the evidence that due cause exists to suspend, revoke or probate the license. The licensee may be represented by legal counsel, may confront and cross-examine witnesses, and shall have the right to call witnesses and present evidence in his/her behalf. A hearing record shall be maintained by the city; however, either party may arrange for transcription by a court reporter at his/her sole expense. Hearings shall be presided over by the mayor who shall preserve order and rule upon all matters of evidence. Irrelevant, immaterial and unduly repetitious evidence shall be excluded.

(c)

All final decisions to suspend, revoke, or place a licensee on probation shall be made by the mayor and city council, in writing, with the reasons therefore stated. Notice of a final decision shall be given the licensee within three business days following the date of the hearing.

(d)

Appeals from an action by the mayor and city council to revoke, suspend or probate a license pursuant to this chapter shall be by writ of certiorari to the Superior Court of DeKalb County.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

There is hereby levied an excise tax upon wholesalers of alcoholic beverages in accordance with the following:

(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 15 ½ gallons and a proportionate tax at the same rate on all fractional parts of 15 ½ gallons.

(2)

Where malt beverages are sold in bottles, cans or other containers, except barrel or bulk containers, a tax of five cents ($0.05) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.

(3)

On the first sale of wine sold within the City at the rate of twenty-two cents ($0.22) per liter and a proportionate tax at the same rate on all fractional parts of a liter; provided that no excess tax shall be charged for wine sold pursuant to an exemption as contained in O.C.G.A., Section 3-6-70.

(4)

On the sale of distilled spirits to private clubs, a tax at the rate of twenty-two center ($0.22) per liter of distilled spirits and a proportionate tax at the same rate on all fractional parts of a liter.

(5)

On the sale of distilled spirits by the package by licensed retail package dealers, a tax at the rate of twenty-two cents ($0.22) per liter of distilled spirits, excluding fortified wine, and a proportionate tax at the same rate on all fractional parts of a liter.

(b)

Each wholesale dealer selling malt beverages and wine within the corporate limits and each wholesale dealer selling distilled spirits within the corporate limits of the city shall file a report by the tenth day of each month showing for the preceding calendar month the exact quantities of malt beverages, wine, and distilled spirits, by size and type of container, constituting a beginning and ending inventory for the month, sold within the corporate limits. Each wholesale dealer shall remit to the city on the tenth day for the month succeeding the calendar month in which such sales were made, the amount of excise tax due in accordance with the section. Each brew pub licensed by the city shall likewise be responsible for reporting on the quantity of malt beverages produced and sold and shall be responsible for remitting the tax due the city on the same basis as wholesale dealers pursuant to O.C.G.A., Section 3-5-37.

(c)

No decal, stamp or other identifying marking shall be required on malt beverages sold within the corporate limits designating a particular municipality or county.

(d)

The excise taxes provided for in this section shall be in addition to any license fee, occupation tax or other charge which may now or in the future be imposed upon the business of selling alcoholic beverages, at retail or wholesale, within the city and shall likewise be in addition to any licensee fees for private clubs.

(e)

The failure to make a timely report and remittance shall render a wholesale dealer liable for a penalty of ten percent (10%) of the total amount due during the first 30-day period following the date such report and remittance were due and a further penalty of ten percent (10%) of the amount of such remittance for each successive 30-day period, or any portion thereof, during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to 50 percent of the amount of the remittance that would be required under an accurate and truthful report.

(Ord. No. 2017-01, §§ 9—11, 1-9-2017)

(a)

There is hereby imposed on the sale of distilled spirits by the drink an excise tax at the rate of three percen of the charge to the public for each such drink. The tax is imposed upon and shall be paid by the retail consumption dealer in accordance with the procedures adopted by this article.

(b)

In determining the base upon which the rate of tax is imposed, the consideration received for the sale of distilled spirits by the drink is 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.

(Ord. No. 01-2015, § 1, 11-24-2015)

Every licensee or his/her agent is hereby authorized and directed to collect the tax herein imposed from purchasers of distilled spirits sold by the drink within his/her licensed premises. Such licensee or his/her agent shall furnish such information as may be requested by the city to facilitate the collection of this tax.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and payable to the City of Pine Lake on or before the tenth (10th) day of every month next succeeding each respective monthly period as set forth herein.

(b)

Return; time of filing; persons required to file; execution. On or before the tenth (10th) day of the month following each monthly period, a return for the preceding monthly period shall be filed with the city clerk of the City of Pine Lake, in such form as the city may prescribe, by every licensee or agent liable for the payment of tax hereunder.

(c)

Delivery of return and remittance. The person required to file the return shall deliver the return, together with the remittance of the net amount of tax due to the city clerk.

(d)

Collection fee allowed licensees or agents. Licensees or agents collecting the tax shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of deduction shall be the same under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws, p. 360), as now or hereafter amended.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Re-computation of tax; authority to make; basis of re-computation. If the city clerk is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to the City of Pine Lake by any licensee, the city clerk may compute and determine the amount required to be paid upon the basis of any information within his/her possession or that may come into his/her possession One or more than one deficiency determination may be made of the amount due for one, or more than one, monthly period.

(b)

Interest on deficiency. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one percent (1%) per month, or fraction thereof, from the twentieth day after the close of the monthly period for which the amount of any portion thereof should have been returned, until the date of payment.

(c)

Offsetting of overpayments. In making a determination, the city clerk may offset overpayments for a period or periods, against underpayments; for another period or periods, against underpayments; for another period or periods, against penalties; and against the interest on underpayments. The interest on overpayments shall be computed in the manner set forth in subsection (b) hereof.

(d)

Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for which a deficiency determination has been made is due to gross negligence or disregard of rules and regulations, a penalty of 15 percent of the amount of such deficiency shall be added thereto.

(e)

Penalty for fraud or intent to evade. If any part of the deficiency determination has been made is due to fraud or an intent to evade any provision of this article or other authorized rules and regulations, a penalty of 25 percent of the deficiency shall be added thereto and shall be in addition to the 15 percent penalty provided in subsection (d) hereof.

(f)

Notice of city clerk's determination; service of. The city clerk, or his/her designated representative, shall give to the licensee written notice of his/her determination. The notice may be served personally or by mail. If by mail, such service shall be addressed to the licensee at his/her address as it appears in the records of the city clerk, City of Pine Lake. In the case of service by mail of any notice required by this article, the service is complete at the time of deposit in the United States Post Office with adequate postage affixed thereto.

(g)

Time within which notice of deficiency determination to be mailed. Except in the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make a return, every notice of a deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Estimate of gross receipts. If any licensee fails to make a return, the city clerk shall make an estimate of the amount of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in Pine Lake which is subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information that is or may come into the possession of the city clerk. Upon the basis of this estimate, the city clerk shall compute and determine the amount required to be paid to the City of Pine Lake, adding to the sum thus determined penalty equal to fifteen percent (15%) thereof. One or more determinations may be made for one or more than one period.

(b)

Manner of computation; offsets; interest. In making a determination, the city clerk may offset overpayments for a period or periods against the interest, penalties or underpayments. The interest on underpayments shall be computed in the manner set forth in subsection (c) hereof.

(c)

Interest on amount found due. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one percent per month, or fraction thereof, from the twentieth day of the month following the monthly period, for which the amount or any portion thereof should have been returned, until the date of payment.

(d)

Penalty for fraud or intent to evade. If the failure of any person to file a return is due to fraud or an intent to evade this article or rules and regulations, a penalty of 25 percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto and shall be in addition to the 15 percent penalty provided in section (a) hereof.

(e)

Giving of notice; manner of service. Promptly after making his/her determination, the city clerk shall give to the licensee written notice to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.

(Ord. No. 01-2015, § 1, 11-24-2015)

Any licensee who fails to pay the tax herein imposed to the City of Pine Lake or fails to pay any amount of such tax required to be collected and paid to the city within the time required, shall pay a penalty in the amount of 15percent of the tax plus interest on the unpaid tax or any portion thereof as set forth in section 10-123 and 124 hereof.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Authority of the city clerk. The city clerk shall administer and enforce the provisions of this article and article VI for the levy and collection of the tax imposed by this chapter.

(b)

Rules and regulations. The city clerk shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this chapter or other laws of the City of Pine Lake and the State of Georgia, or the constitution of this state or the United States for the administration and enforcement of the provisions of articles VI and VII and the collection of the taxes hereunder.

(c)

Records required from licensee; form. Every licensee for the sale of alcoholic beverages by the drink in the City of Pine Lake shall keep such records, receipts, invoices and other pertinent papers in such form as the city clerk may require.

(d)

Examination of records; audits. The City Clerk or any auditor, attorney, or CPA authorized in writing by the City of Pine Lake may examine the books, papers, records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and determine the amount required to be paid.

(e)

Authority to require reports; contents. In the administration of the provisions of this article, the city clerk may require the filing of reports by any person or class of persons having in such person's or persons' possession or custody information relating to the sales of alcoholic beverages which are subject to the tax. The reports shall be filed with the city clerk and shall set forth the price charged for each sale, the date or dates of such sales, and such information as the city clerk may require.

(Ord. No. 01-2015, § 1, 11-24-2015)

No person shall violate any of the provisions of this chapter or assist another in evading or avoiding the licensing requirements, violating regulatory standards or participate in the non-payment of the taxes and fees imposed by this chapter.

(Ord. No. 01-2015, § 1, 11-24-2015)

(a)

Any person knowingly violating any provision of this chapter shall be guilty of an offense against the city, punishable upon conviction in the Municipal Court by a fine not to exceed $1,000.00, imprisonment not to exceed six months, or both.

(b)

In addition to such penalty, any violation of this chapter by a licensee or such licensee's agents or employees, may result in suspension, revocation or probation of the license.

(Ord. No. 01-2015, § 1, 11-24-2015)