§ 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:

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, beer, malt beverage, wine, or fortified wine.

Brewpub means any restaurant in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption.

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 patron's own alcoholic beverage.

Caterer means any person who prepares food and furnishes beverages, but not alcoholic beverages, for consumption off the premises of a food service facility or restaurant for a special event.

Designated agent means the resident of the city or the county who shall be responsible for any matter relating to the license in the event the applicant is not a resident of the city or the county.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines.

Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.

Individual means a natural person, not a corporation, partnership, limited liability company, or other entity.

Malt beverage means any alcoholic beverage obtained by the fermentation or 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, but not limited to, ale, porter, brown, stout, lager beer, malt liquor, small beer, and strong beer.

Micro-brewery means a facility using traditional brewing practices to produce less than 5,000 barrels of malt beverage annually.

Minor means any person under the age of 21 years.

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

Permitted location means a building, premises, or location for which a permit is required pursuant to this chapter and shall include a premises and a licensed premises as defined herein.

Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, limited liability company, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit.

Premises means a definite enclosed area or other outside area with controlled ingress and egress wherein spirituous liquors, alcoholic beverages, malt beverages or wine shall be sold and consumed, or sold by the package to be consumed elsewhere.

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, which:

(1)

Maintains adequate and sanitary kitchen and dining room equipment to serve food as required in this article.

(2)

Provides a regular seating capacity for at least 75 persons.

(3)

Employs sufficient personnel to serve food as required in this section.

(4)

Serves at least one meal per day at least five days per week (with exception of holidays, vacations, and periods of relocating).

(5)

Derives at least 65 percent of its gross income from the sale of such meals prepared, served, and consumed on the premises.

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

Retail grocery store means a store which carries groceries as at least 51 percent of its inventory. For purposes of this section, the term "groceries" does not include alcoholic beverages, but does include snack foods. A convenience store may be a retail grocery store.

Retail package dealer means any person who sells alcoholic beverages in unbroken packages for consumption off the premises at retail.

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 21 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, 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.

(Ord. No. 2012-0611-2, § 1, 6-11-12; Ord. No. 2017-0508, § 1, 5-8-17)