§ 6-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

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

Applicant means any one or more persons making application for a Georgetown-Quitman County or state for alcoholic beverage license of any type or renewal thereof.

Application means those forms, statements and applications authorized or required under the terms and conditions of this chapter, other applicable laws and regulations of Georgetown-Quitman County and those applicable requirements of the state.

Church shall include synagogue, and any other place of permanent public religious worship which shall exist if a valid building permit has been obtained and substantial construction is underway.

College, school means those state, county, city, church or other colleges or schools teaching the subjects common in schools or colleges of the state.

County clerk means the Clerk of the Commission of Georgetown-Quitman County.

Due cause means cause for suspension, revocation, cancellation or denial of any alcoholic beverage license which shall consist of any violation of this chapter or any laws or ordinances of Georgetown-Quitman County or state, prohibiting or regulating the business of selling, transporting or dealing in alcoholic beverages or violation of ordinances, laws or regulations made pursuant to authority granted for the purpose of regulation of such businesses; or for the violation of any Georgetown-Quitman County, state or federal law involving moral turpitude, controlled substances or violation of Georgetown-Quitman County ordinances other than traffic ordinances. It shall also consist of willfully false statements or conduct of applicant for an alcoholic beverage license or renewal thereof or willful concealment of material matters of fact of obtaining or preventing another from obtaining a license hereunder.

Immediate family or member of immediate family means all persons related to each other by consanguinity or affinity within the first degree, as computed according to the civil law.

Inspector or license inspector means that person designated as license inspector of Georgetown-Quitman County and his representatives.

Interest or financial interest means a pecuniary interest and shall include any present or future, whole or partial, legal or beneficial, direct or indirect, right, power or authority or control of or in any Class I, Class II, Class III, Class IV or Class V alcoholic beverage application for license and/or license issued; it shall apply to the outright owner, co-owner, member of a partnership, or stockholder in a corporation, organized or in the process of organizing, for pecuniary gain, which owns or is to own any financial interest in any class of alcoholic beverage application and/or license issued for any class of such license within the limits of Georgetown-Quitman County and shall include any such interest in the premises from which such alcoholic beverages are sold. If any of the income from the sales of alcoholic beverages is shared, or rent, lease, etc., on which land is, or is to be paid on the basis of sales of alcoholic beverages on such land, and anyone sharing in any income or corpus of any trust fund or estate having any interest in such applications, licenses or premises shall have a financial interest therein. Also, it shall include a lender of money or other thing of value to such applicant or licensee, to anyone else for the benefit of such applicant or licensee, on interest in excess of the highest level rate allowable in this state.

License means a license granted by Georgetown-Quitman County and/or state, granted or issued upon the basis of the alleged truth of a written application therefore to sell alcoholic beverages of any kind or nature within Georgetown-Quitman County.

License year means that 12-month period for and with respect to which licenses under this chapter shall be issued. Such license year shall commence on January 1 of each year and end at midnight on the December 31 next following.

Licensee means that person duly licensed or having interest therein as licensed, by Georgetown-Quitman County to distribute, transport, sell at wholesale, retail or by the drink, alcoholic beverages of any kind or nature within Georgetown-Quitman County.

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 six percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.

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

(1)

In the case of malt beverages, any brewer.

(2)

In the case of wine, any vintner.

Minor means any person under 21 years of age.

Off-premises sales of alcoholic beverages means the sale of alcoholic beverages of any kind or nature, kind or class in sealed, unbroken containers for consumption not on the premises of the licensee.

On-premises sales of alcoholic beverages means the sale, giving or dispensing of alcoholic beverages for consumption on the premises of the licensee.

Original/initial, when used in connection with an application for an alcoholic beverage license, means the first license granted for a given location or first use or application for use or change of use of a given application for use of a location previously licensed or approved for a license hereunder.

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

Park means property utilized for passive and/or active recreational use by the public.

Premises means those lots, plots or tracts of land upon which any structure, building, store, mobile trailer, etc., is located from which alcoholic beverages are sold, dispensed, stored, consumed or given to the public including, but not limited to, that building, structure, room or closed or partitioned-in locality whether a room, shop, structure or building wherein alcoholic beverages are sold, dispensed, stored, consumed or given to the public.

Private dwelling means a house or dwelling or structure wherein one or more persons reside at the time of the filing of an application under this chapter.

Renewal, when used in connection with an application for a license or a location, means an unrevoked alcoholic beverage license issued hereunder to a designated licensee for a designated location, on expiration of which unrevoked license the identical owners thereof, but no others, may be entitled to a new annual license for the same, but no other location.

Residence means domicile.

Restaurant means any public place kept, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen, bathrooms and dining room equipment and seating capacity of at least 50 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto. No alcoholic beverages shall be sold or served unless regular meals are also being served with the alcoholic beverages. No brown bagging or "bring your own" shall be allowed. No premises shall be considered to be a restaurant if there is a distinct room set up as primarily as a drinking area rather than an eating area such that there appears to be a restaurant area and a "bar" area. To qualify as a restaurant and an eating establishment under this section, such establishment must derive at least 60 percent of its total annual gross sales of food and beverage from the sales of prepared meals and foods. A restaurant shall have a general liability policy from an insurer licensed to do business in the State of Georgia in the amount of $2,000,000.00.

Satisfactory proof means adequate or sufficient evidence to convince an unbiased, impartial, enlightened judge of the existence or nonexistence of a fact, situation or condition.

Store means a room or area wherein only the sale at retail of alcoholic beverages in the original unbroken packages, bottles, containers, etc., may be authorized under this chapter and the Revenue Tax Act to legalize and control alcoholic beverages.

Wholesale distributor of alcoholic beverages means that license issued by Georgetown-Quitman County enabling the licensee to distribute, sell, offer to sell to a bona fide Class II, Class III, Class IV or Class V license holder, at wholesale prices, alcoholic beverages in unbroken packages or containers.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.

(Ord. No. 02-14, 10-14-14)

Cross reference

Definitions generally, § 1-2.