(Code 1987, § 3-9; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4 , 3-8-2021)
Sec. 4-9, - Security cameras required for certain establishments selling alcoholic beverages; penalty.
(a) Any licensee which sells any alcoholic beverage packaged to go, is hereby required co install a continuous
video recording system dedicated to each register area with cameras and lens of a type, number and location
approved by the chief of the police department. Such cameras must be capable of producing a retrievable
and identifiable image on film or tape that can be made a permanent record and that can be enlarged
through projection or other means.
(b) Cameras meeting the requirements of this section shall be maintained in proper working order at all times
and shall be in operation during all hours in which such establishment is opened for business. The camera
shall be subject to monthly inspections by the chief of police and establishments must have immediate
availability of a back-up camera system in the event the primary system becomes inoperable. If a crime
occurs or an employee believes a crime has occurred, the police department shall be contacted immediately
and the film retrieved by a designated police officer.
(c) Violation of any provisions under this section shall constitute an offense and shail be punishable as follows:
(1) First offense. Minimum fine of $250.00. In addition to such fine, the judge of municipal court may impose,
at his discretion, a suspension of ail city alcoholic beverage licenses at the establishment for a period of
time not to exceed 30 days.
(2) Second offense. if within 12 months of the first offense: A minimum fine of $350.00 and a suspension of
all alcoholic beverage licenses at the establishment for a minimum of 60 days.
ARTICLE Il. - LICENSE
Sec. 4-41, - General requirements; posting.
(a) The license of every operator of any establisnment for the retail sale of alcoholic beverages must be posted
in a conspicuous place and in such a manner that it can be readily seen.
(b) The provisions of this article shall apply to all holders of a license to sell alcoholic beverages.
(c) All ticensees shall at all times comply with federal and state laws, city ordinances and the rules and
regulations of the state revenue commissioner, including licensing qualifications.
(Code 1987, § 3-31; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-42. - License fee for sale of beer.
(a) The annual fee for a retail license to sell beer for consumption on the premises and by the package shall be
as prescribed by the schedule of fees and.charges.
(b) Such annual license fee may be issued initially or may be prorated on a quarterly basis upon payment of the
number of quarters or parts of all quarters remaining in the calendar year.
(Code 1987, § 3-32; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021}
Sec. 4-43. - License fee for sale of wine.
(a) The annual fee for a retail ficense to sell wine for consumption on the premises and by the package shall be
as prescribed by the schedule of fees and charges.
{b) Such annual license fee may be issued initially or may be prorated on a quarterly basis upon payment of the
number of quarters or parts of all quarters remaining in the calendar year.
(Code 1987, § 3-33; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-44, - License fee for sale of alcoholic beverages by wholesalers.
(a) The annual fee for a wholesale license for the sale of alcoholic beverages shall be as prescribed by the
schedule of fees and charges.
(b) Such annual fee shall not be prorated.
(Code 1987, § 3-34; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-45. - License fee for sale of distilled spirits.
The annual fee for a retail license to sell distilled spirits for consumption on the premises and by the package shall be
as prescribed by the schedule of fees and charges.
(Code 1987, § 3-34.1; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-46, - Separate license required for each place of business.
A separate retail alcoholic beverage license shall be required for each piace of business.
(Code 1987, § 3-35; Ord_ of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-47. - Expiration.
Alcoholic beverage licenses will expire on December 31.
(Code 1987, § 3-36; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-48. - Renewal.
(a) All alcoholic beverage licenses in this article may be renewed by payment of the required fees, provided that:
{1) Applications for renewal of existing licenses are made in person by the applicants at the office of the city
clerk between December 1 and December 15 of each year for the succeeding year, and the prescribed
license fee paid at the time of filing. .
Prior to renewal, the licensee's criminal history shall be reviewed and cleared by the chief of police to
verify that there have been no criminal convictions since the last date of licensee's letters of clearance
and that no criminal charges are currently pending.
(2) The licensee and location remain the same.
(3) The ncensee s arcumstances would enaole him to qualify for a license if the renewal were a new application.
(4) The licensee is stilt in compliance with the requirements of state and city laws and regulations pertaining
to the original issuance of the license and pertaining to the operation of the business under the license at
the time of application for renewal.
(b) Ifa complaint is received as to the licensee's alleged violation of state or city law or regulation before
December 31 of the license year or 30 days after the application for renewal is received, whichever date is
later, the license shall not be renewed but shall be referred to the city council for a decision as to whether
renewal shall be granted as follows:
(1) The city council shall conduct a hearing after giving the licensee reasonable notice of the time and place
of such hearing, as well as the purpose thereof.
(2) The licensee may remain open for business until a decision by the city council is made and shall have a
period of three days following that decision in which to pay the required fees if the decision of city council
is to permit renewal of the license.
(Code 1987, § 3-37; Ord. of 12-6-1999; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021)
Sec. 4-49, - Application.
(a) No license for the sale of alcoholic beverages at retail shall be granted until the application, accompanied by a certified check or cash in the amount required for the license, setting forth the name of the owner, the
business and its location, shall have been approved by the city clerk. The application must be cleared by the
chief of police, the fire chief, the building inspector and the zoning enforcement officer for compliance to
applicable requirements prior to submission to the city clerk. if upon consideration of the application, the city
clerk determines that the application meets the requirements as set forth in this chapter, the city clerk shail
issue the license. No person shall sell or attempt to self alcoholic beverages at wholesale or retail until he has received the city and state licenses authorizing them to do so.
The city application shati be a photostatic or other copy of all the appropriate state applications and forms
afong with a city supplemental application form attached along with the following:
(1) Proof of planning and zoning compliance.
(2) Proof of building code compliance.
(3) A legal description of the property upon which the premises are located.
(4) Acurrent photograph of the applicant.
(5) Fingerprints of the applicant to be taken by the police department.
(6) A report of clearance from the chief of police, or his designee, indicating that the applicant has no
criminal charges pending in the record, and/or that the applicant has no convictions in the record of any
felony in the federal and/or superior courts in the past ten years; or any misdemeanor convictions, other
than traffic violations, in any court in the past two years.
(7) Reserved.
(8) An affidavit from a state-registered land surveyor or the city engineer stating that the establishment
RIK complies with the distance requirements contained in this chapter,
(3) A personal performance dond conditioned upon tne applicant anc the applicant 5 empioyees at the
licensed establishment complying with all laws, ordinances, rules and regulations of the city governing
the issuance and control of alcoholic beverage licenses. The bond shall remain in force as lang as the
license and its renewals are valid and subsisting and shall be for the following amounts:
a. For a spirituous tiquar retail ar consumption on the premises license, $1,000.00; or
b. Such bond may be declared forfeited by the city council, in whole or part, for a violation of this chapter.
(10) Sufficient financial information shall be provided to the city concerning the applicant's financial status.
(11) An affidavit from the publisher of the legal organ of the county showing that the applicant has advertised his intention to make application to the city clerk for the issuance of a license, Such advertisement shall be in such form as the city may from time to time prescribe, and shall be published in said legal organ, once a week for two consecutive weeks prior to submitting the final application to the city clerk. Such advertisement shall contain a statement showing the type of license applied for, the location of the Proposed business, and the name and address of the applicant. When the advertisement required by this
section has been published, the applicant shall obtain an affidavit of publication and attach it to the
application, .
(c) The application shall also contain a form of oath providing that the information disclosed in the application is
true and correct and providing, further, that the applicant will abide by, observe and conduct his or her other
business according to the rules and regulations prescribed by the city and all applicable state and federal
laws and regulations. The oath shall be taken by the applicant and the agent in charge of the establishment if
different from or additional to the applicant, and the oath shall be taken by the true owners.
{d) The age and residence requirements for a retail liquor license, the responsibility of the licensee and general
requirements for the application are as follows:
(1) No license for the sale of beer, malt beverages, wine or distilled spirits shall be granted to any person
unless the person is 21 years of age prior to filing an application for the license.
(2) No license for the sale of beer, malt beverages, wine or distilled spirits for consumption on the premises
shall be granted to any person unless the licensee derives at feast 50 percent of their gross revenue from
the sale of food and beverages other than alcoholic beverages. Applicants for a license for the sale of
beer, malt beverages, wine or distilled spirits for consumption on the premises shall complete an
application form and affidavit furnished by the city clerk. Applicants shall submit to the city clerk a
certification by a public accountant that the applicant meets the requirements set out in this subsection.
This certification shall be based upon a review of the applicant's total gross annual income for the
licensed location during the 12 months immediately preceding the application for a license under this
section. If the applicant has been in business for less than 12 months at the proposed location for Sunday
sales, such certification shall be for the time that the applicant has been in business, annualized. if the
applicant is filing an application for a new business, a certification from a public accountant will not be
required for the initial application, but instead the applicant must certify under oath that the person
applying for the alcohol license intends to meet the requirements set out in this subsection. A
certification from a public accountant will be required upon each renewal thereafter.
ARAL thin 740
Notwithstanding the foregoing, there shall be no requirement to derive gross revenues from the sale of
food or beverages other than alcoholic beverages for thase ratai! wine establishrrencss that permit wine
tasting in connection with its retail sales. Each such establishment shall however, be required to purchase
@ consumed on the premises license as well as a retail sales license. Wine tasting shall be defined as
providing a sample or samples of wine available for sale in an amount not to exceed one ounce per sample and not to exceed eight samples per person.
Licensees for the retail sale of distilled spirits conducting tastings at retail package liquor stores pursuant
to 0.C.G.A. § 3-15-2 shall submit notification of tasting events to the chief of police and code enforcement
officer a minimum of one week in advance of the event. Such notice shall be signed by the licensee and
shall identify which type of alcoholic beverage is being served (distilled spirits or malt beverages or wine),
as weil as the hours, date, and exact location within the licensed establishment where the event will be
held. Such notice shall further attest that the licensee will hold the tasting event in accordance with the
requirements of state law, including, but not limited to:
a. That the event will only be held during times at which such alcoholic beverages may be lawfully sold
on such licensed premises;
b. That only one tasting event will be heid that day on the licensed premises and such tasting event shall not exceed four hours;
c. That only one type of alcoholic beverage will be served at a tasting event, either malt beverages, wine,
or distilled spirits; provided, however, that more than one brand of such type of alcoholic beverage
may be offered so long as not more than four packages are open at any one time;
d. That if the tasting event is for malt beverages, a consumer shall not be served more than eight ounces
of malt beverages during such tasting event. If the tasting event is for wine, a consumer shail not be
served more than five ounces of wine during such tasting event. If the tasting event is for distitled
spirits, a consumer shall not be served more than one and one-half ounces of distilled spirits during
such event;
e. That only alcoholic beverages that the licensee is licensed to sell on the licensed premises will be
offered as part of a tasting event, and such alcoholic beverages shall be part of the licensee's
inventory;
f. That only food that is lawful to sell on the licensed premises, under state law may be served as part of
a tasting event and that such food shall be offered at no cost to the consumer;
g. That any operator or employee of the licensee may refuse to provide any brand, type, or quantity of
alcoholic beverage to any consumer;
h. That any broken package containing alcoholic beverages on the licensed premises that is not licensed
for retail sales for consumption on the premises shall be kept locked in a.secure room or cabinet by
the operator of the licensed premises except when in use during the event,
i. That representatives and salespersons of manufacturers or wholesalers shall not host the event, pour
any alcoholic beverage, or provide anything of value to any consumer or to the licensee or an
employee of a licensee; and
j. That such event will not constitute more than the 52nd such event within a one-year period of time.
ahrout-hiank . RaHa
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(3)
(4)
(5)
(6)
(7)
(8)
Byron, GA Cade of Ordinances
The city may, but is not required to, promulgate a form for use by licensees providing notice to the city by
any licansae desiring to hold such an event.
»
The licensee shall be responsibie for the management and operation of the business for which the license
is granted.
The applicant shall make a sworn statement of his qualifications according to subsections (dX1) through
(3) of this section and shall place it on file with the clerk before any license is issued.
If the application covers a partnership, all members of the partnership must be qualified to obtain a
license, one member of the partnership must be a resident of Georgia, and all members of the
partnership must make sworn statements of those qualifications.
A license may be granted to a corporation existing under the law of the state or to a foreign corporation
authorized to do business in the state; provided, however, that any such corporation shall be required to
designate a resident of Georgia as its local agent responsible for compliance with all the requirements of
this chapter and authorized to accept all services of notice. .
All applications for licenses shall be made in person.
All applications for licenses under this chapter and all actual owners of establishments for which licenses
are sought shall be bona fide residents of Georgia at the time of the filing of the application and shall
remain bona fide residents of Georgia during all times that the licenses and renewals thereof are in
effect.
(e) Any statement on an application for a license to sell alcoholic beverages which shall later be found to be false
or any omission of facts shalt subject the applicant to prosecution for perjury under the laws of this state.
(Code 1987, § 3-38; Ord. of 12-6-1999; Ord. of 4-3-2000; Ord. of 4-13-2000; Ord. No, 2004-3, 5 3-39, 12-29-2004; Ord. No.
2005-1, § 3-38, 3-1-2005; Ord. No. 2008-13, 10-13-2008; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4 , 3-8-2021)
Sec. 4-50. - Issuance of license to persons with prior convictions prohibited.
No license under this chapter shall be issued, renewed or transferred to any person where any individual having an
interest either as owner, partner, principal stockholder, directly or indirectly, beneficial or absolute, shall have been
convicted or shall have taken a plea of nolo contendere within ten years immediately prior to the filing of the
application for any felony or conviction of two or more misdemeanors of any state or of the United States or violation of
any municipal ordinance except traffic violations within two years. The term "conviction" shall include an adjudication of
guilt or a plea of guilty or noto contendere or the forfeiture of a bond in part or in whole when charged with a crime.
(Ord. No. 2009-4, 8-20-2009; Ord. No. 2021-4, 3-8-2021)
Editor's note— Ord. No. 2009-4, adopted Aug. 10, 2009, amended § 4-50 in its entirety to read as herein set out. Former
§ 4-50 pertained to character of applicant and employees, and derived from the Code of 1987, § 3-39; and an ordinance
adopted Dec. 6, 1999.
Sec. 4-51. - Grounds for denial.
{a) No license shall be granted to any person for the operation of an establishment offering the sale of atcoholic
about:blank
beverages in any area prohibited by law or by the zoning regulations for the city. No license shall be issued
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unless the applicant complies with all other applicable licensing requirements of this chapter.
(b) No furtner retaii eater licenses for the sale of aistillea spirits shail pe issued wnen the total number of such
licenses issued and in effect would number more than one for each 500 persons residing in the city. It is the
intent of the subsection to require a population of 500 for each license issued, For example, if the population
equals 2,500, five licenses may be issued; if the population equals 3,000, six licenses may be issued. If a
licensee shall go out of business or if a license is revoked and the number of such licenses in effect shall
continue to exceed the limit prescribed in this subsection, such license may not be reinstated. The population
shall be determined by the most current official statistics, including official estimates, as prepared by the
Bureau of Census, U.S. Department of Commerce.
(Code 1987, § 3-40: Ord. of 12-6-1999: Ord. No. 2002-15, 12-9-2002; Ord. No. 2009-4, 8-10-2009; 2009-6, 11-9-2009; Ord.
No. 2021-4, 3-8-2021)
Sec. 4-52, - Building to be complete; attachment of evidence of ownership or copy of lease to application.
No alcoholic beverage license shalt be issued to any person uniess the building in which the establishment will be
located is complete, and every applicant for a retail license shall attach to his application evidence of ownership or a
copy of a lease/rental agreement if the applicant is leasing or renting the building.
{Code 1987, § 3-41; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-53, - Compliance with chapter required.
No person shall operate an establishment involving the sale of alcoholic beverages without having first complied
with the provisions of this chapter.
(Code 1987, § 3-42; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-54. - Proximity of premises to churches, school buildings or other sites.
(a) Distilled spirits. No new license shall be issued for the sale of any distilled spirits for a location, nor shall any
existing license be transferred to a new location, that does not meet the proximity requirements of 0.C.G.A. 8
3-3-21,
(b) Wine or malt beverages.
(1) No new license shall be issued for the sale of any wine or malt beverages for a location, nor shall any
existing license be transferred to a new location, that does not meet the proximity requirements of
0.C.G.A. § 3-3-21.
(2) Notwithstanding subsection (b)(7) of this section, any location licensed for wine or malt beverages as of
December 6, 1999, shall be grandfathered. Any grandfathered location that is unlicensed for any period
of 12 months or more shall lose its grandfathered status and shall be licensed as a new location.
(3) Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only wine and
malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of
any school building, or college campus, where so permitted by resolution or ordinance of the county or
municipality. As used in this subparagraph, the term "grocery store“ means a_retail establishment which
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{c)
(d)
has a total retail floor space of at least 10,000 square feet, of which at least 85 percent is reserved for the
sale o7 food and other nonalcoholic items. and conducts all of its sales inside the Building containing its
retail floor space.
Other package liquor retaiters. No new license shall be issued for the retail sales of package liquor for a
location, nor shall any existing license be transferred to a new location in or within 1,500 feet of any other
business licensed to sell package liquor at retail,
Measurement of distance: definitions. For the purpose of this section, distance shall be measured by the
most direct route of travel on the ground. Each application for a license shall show the location of the
proposed building and the distance to the nearest church building, school building, educational building.
school grounds and alcohol treatment center. The term “building” or “educational building" referred to in this
section shail apply only to state, county, city or church school buildings and to such other buildings at such
other schools as teach the subjects commonly taught in the common schools and:colleges of this state.
(Code 1987, § 3-43; Ord. of 12-6-1999; Ord. of 4-3-2000; Ord. No. 2001-11, 6-19-2001; Ord. No. 2008-9, 7-14-2008; Ord.
No. 2021-4, 3-8-2021; Ord. No. 2021-13, 12-6-2021)
Sec. 4-55. - Legal hours and requirements for sales and purchases.
(a)
(b
~~
(.)
(d)
(e)
nbhasbinlaak
Applicability. This section shall be applicable to every alcoholic beverage licensee, agent, servant and
employee and any and all other persons affected, and all shall be equally guilty of a violation of any of the
provisions contained in this section, each such person being charged with responsibility for the acts of his
officers, agents, servants and employees. .
General Closing hours. Except as otherwise provided in this section, it shall be unlawéul for any licensee or
any other person to sell, offer for sale, transfer or offer to transfer to others any alcoholic beverages between
the hours of 2:00 a.m, and 8:00 a.m. on weekdays or between the hours of 12:00 midnight on Saturday until
8:00 a.m. on Monday.
[Package sales.]
(1) Beer and wine by the package. Licensees whose only sales of alcoholic beverages consist of beer and/or
wine by the package may sell such beverages at any time except between 12:00 midnight on Saturday
and 12:30 p.m. on Sunday and 17:30 p.m. on Sunday and 12:00 midnight on Sunday.
(2) Beer, wine and distilled spirits by the package. Licensees whose sales of alcoholic beverages consist of
beer and/or wine by the package and distilled spirits by the package may sell such beverages at any time
except between 12:00 midnight on Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on
Sunday and 8:00 a.m. on Monday, and except between the hours of 2:00 a.m. and 8:00 a.m. on weekdays.
Establishments selling beer, malt beverages, wine and distilled spirits for consumption on-premises.
Licensees for the sale of beer, malt beverages, wine and distilled spirits for consumption on the premises
shalt not keep such establishments open for the sale of beer, malt beverages, wine and distilled spirits
between the hours of 12:00 midnight and 8:00 a.m. on any day of the week. Licensees shall not sell beer, mait
beverages, wine and distilled spirits between 12:00 midnight on Saturday and 12:30 p.m, on Sunday and
12:00 midnight and 8:00 a.m. on Monday. Such licensees shall be subject to compliance with subsection _4-
49(d)(2).
Election day. Pursuant to the authority granted under 0.C.G.A. § 3-3-20, the city authorizes the sale or
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10/13/22, 1:10 PM Byron. GA Code of Ordinances
offering for sale of alcoholic beverages on election day by persons otherwise licensed by the city to sell
alcchslic beverages: provided. “owever, nothing in this subsection shall authorize the sale of alcoholic
beverages within 250 feet of any polling place or of the outer edge of any building within which such polling
place is established during such time as the polls are opened.
(f) Sales on Sunday and Christmas Day. Except as otherwise provided in this article, no licensee shall sell or offer
for sale any alcoholic beverages at any time on Sunday or on Christmas Day. Licensees of food and
restaurant establishments and stores open on Sunday and Christmas Day will be responsible to ensure that
alcoholic beverages on display are plainly marked with a sign stating "not for sale."
(g) Alcohol percent labels. it shall be unlawful for any person to have in his possession, custody or control any
spirituous liquor for retail sale unless the container shall have firmly affixed thereto a label on which there is
stated in plain words or figures the true alcoholic content by volume of the alcoholic beverage.
(h) Selling beer to unauthorized persons, Licensee shall not give, sell or offer for sale any alcoholic beverage to
any person who is noticeably intoxicated or who is of unsound mind or who is a drunkard whose intemperate
habits are known to the license holder or any of their agents or employees.
(Code 1987, § 3-44; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2011-4, 8-8-2011; Ord. No. 2011-5, 8-8-2011; Ord. No.
2021-4, 3-8-2021)
Sec. 4-56. - Brown bagging.
it shall be unlawful for a ticensee under this article or any other commercial establishment to allow customers to
bring with them their own alcoholic beverages, which is known as BYOB or brown bagging.
(Code 7987, § 3-45; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-57. - Storage of inventory or stock.
No licensed retailer shail keep any alcoholic beverage stored in any warehouse in the city, nor shall he enter into any
type of arrangement whereby alcoholic beverages ordered by him are stored for him by any licensed wholesaler. A
retailer shall keep no inventory or stock or alcoholic beverage at any place except at his licensed place of business and
within his licensed place of business. The storage space for alcoholic beverage shall be:
(1) Immediately adjacent to the room in which it is licensed to do business; and
(2) There'shall be but one entrance to the storage area, and this shall be through the retail store area.
(Code 1987, 8 3-46; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-58. - Open container possession.
{a) It shall be unlawful for any person to drink or have in his possession an open container of any alcoholic
beverage white:
(1) On any public street, sidewalk, park, or other public place within the city or upon or within any motor
vehicle while on the streets, sidewalks, parks and public places of the city.
(2) On private property, open to public view, without the express permission of the owner, agent or person
in lawful possession thereof.
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(3) On the premises upon which a place of business is conducted and licensed under this article, whether the b
other container sc opened or consumed is bought or obtained at thac piace of business or alsewher, unles
establishment is licensed far the consumption on the premises of that particular classification of alcoholic b
(b) This section shall not be deemed to prohibit the drinking of alcoholic beverages by passengers in passenger
vehicles. For purposes of this subsection, a passenger vehicle shall mean a vehicle designed to carry ten or
more passengers and used to carry passengers for profit or hire.
(Code 1987, § 3-47; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-59, - Posting of certain signs required.
{a) The holder of a license to sell alcoholic beverages shail post in the most conspicuous place in his
establishment a sign printed in letters at least four inches high reading: “Sale of alcoholic beverages to
persons under 21 years of age strictly prohibited.”
(b) All retail consumption dealers and retail dealers in this city who sell at retail any alcoholic beverages for
consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: “Warning:
Drinking alcoholic beverages during pregnancy can cause birth defects." Such signs shall contain letters at
least as big as the letters on the warning signs concerning drinking of alcoholic beverages furnished by the
State department of revenue.
(Code 1987, § 3-48; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-60. - Reserved.
Editor's nate— Ord. No. 2021-4, adopted Mar. 8, 2021, repealed § 4-60, which pertained to.persons under age of 21,
and derived from the Code of 1987, § 3-49; and an ordinance adopted Dec. 6, 1999.
Sec. 4-61. - Revocation or suspension.
(a) No license which has been issued or which may be issued by the city under this article shall be suspended or
revoked, except for due cause as provided in this section. .
{b) The license provided for under this article may be revoked by the city upon:
{1) Failure of the licensee to comply with the terms, provisions, requirements and responsibilities of this
chapter;
(2) The failure of the licensee to timely pay the annual license fee calted for in this article;
(3) The violation by the licensee of any law regulating the sale of alcoholic beverages;
(4) The conviction of the licensee of any felony, aggravated misdemeanor or drug-related conviction;
(5) The licensee's permitting or maintaining a breach of the peace at the licensee's establishment; or
(6) The existence of any other condition which would make the continued operation of the licensee's
establishment detrimental, harmful or undesirable to the community.
(©) Upon information concerning any of the provisions outlined in subsection (b) of this section, the city shall
serve notice upon the licensee, by mail addressed to the licensee's establishment, requiring him to appear
before the city council or a hearing officer designated by the city council and show cause why his license
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should not be suspended or revoked. This hearing shall not be held sooner than three days from the receipt
of this notice. and the notice shall set forth the date. time and place of the hearing on the matter: this notice
Shall also state the condition alleged which could, if sustained, result in revocation of the licensee's license.
(d) Within five working days following the hearing on this matter, the city council or a hearing officer designated
by the city council shall render a decision on the matter, notifying the licensee in writing of the decision by
mail or by personally delivering it to the licensee. If the license is revoked, no refund shall be made on any
portion of any license fee paid, and the establishment will cease to operate upon notification.
{Code 1987, § 3-50; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-62. - Sale of business.
It shall be unlawful and shall call for immediate revocation of all licenses invalved, both of the seller and purchaser,
for any retail alcoholic beverage licensee to purchase the business of any other licensee and attempt to operate the
purchased business with the seller's license. If a bona fide sale of any licensed retail business under this chapter is
made to persons other than licensed dealers, full disclosure of the persons involved, the purchase price, and such other
information as is required by this chapter for a new license shall be filed with the city clerk as a condition to any sale. in
addition to the revocation of the license of any person violating this section, the person shall be subject to punishment
as provided by the city Charter.
(Code 1987, § 3-51; Ord. of 12-6-1999; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021)
Sec. 4-63. - Transferability; surrender of license upon sale, closing of business or death of owner.
No license issued under this chapter shall be transferable or assignable without the express permission of the city
clerk considering all standards and provisions In this chapter. If a licensed business is sold or closed, it shall be the duty
of the licensee to immediately surrender his license to the city clerk where there is no express permission of the
Proposed transfer or assignment.
Any transferee or assignee must file an application as if he were initially applying for an alcoholic beverage license.
However, if a license holder dies, his heirs or estate, if otherwise qualified, shall be permitted to operate the
establishment or his heirs or estate may transfer the license to another qualified individual-upon approval of the city
clerk for a ten percent transfer fee for the remainder of the calendar year.
(Code 1987, § 3-52; Ord. of 12-6-1999; Ord. No. 2009-4; 8-10-2009; Ord. No. 2021-4, 3-8-2021)
Secs. 4-64—4-95. - Reserved.
ARTICLE Ill. - EXCISE TAXES
Footnotes:
— (2) —
Cross reference— Taxation. ch. 36.
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Sec. 4-96, - Levied.
(a) Retait liquor. An excise tax on retail liquor is levied as follows:
(1) In addition cto the annual retail liquor license fee required, there is hereby levied an excise tax computed
at the rate of $0.22 per liter which shall be paid to the city on ail liquor sold, displayed or stored in the
city. The tax shall be paid to the city by the wholesale distributor on all liquors sold to retailers in the city
as follows: Each wholesale distributor selling, shipping, or in any way delivering liquor to any retailer shall
collect the excise tax at the time of delivery and shall remit the tax together with a summary of all
deliveries to each retailer on or before the tenth day of the month following. The $0.22 per liter shalt be
prorated according to size so that each bottle or each individual size container shall be taxed on the basis
of $0.22 per liter. It shall be unlawful for any wholesale distributor to sell, ship or deliver in any manner
any liquor to a retailer without having collected the tax. It shall be unlawful for any retailer to possess,
own, hold, store, display or sell any liquor on which such tax has not been paid.
(2) Each wholesale distributor shall furnish to the city a summary of all purchase invoices for liquor delivered
to all retailers in the city and shall remit to the city clerk in unimpeachable funds or cash the total tax
prescribed by law. The report and payment shall be made by the tenth day of each month following such
purchases.
(b) Beer. An excise tax on beer shall be levied as follows:
(1) In addition to the licenses and taxes assessed and levied for the year upon dealers in beer, there is
hereby levied and imposed upon ail wholesale dealers selling beer in the city a specific excise tax, as set
by 0.C.G.A, § 3-5-80, of $0.04166 per ounce. Taxes levied are as follows:
Size of Container Tax per Container |
7 ounces $0.0292 i
>
8 ounces 0.0333
12 ounces 0.0500
14 ounces 0.0583
16 ounces 0.0667
32 ounces 0.1333
¥ barrel (15% gallons) 6.00
1 barrel (31 gations) 42.00
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10/13/22, 1:10 PM
{2)
(3)
Byron, GA Code of Ordinances
The tax is to be paid as follows: Each wholesale dealer selling beer in the city shail file a report by the tenth c
month showing for the preceding calendar month the exact quantities of beer, by 3iz2 and type of containe:
constituting a beginning and ending inventory for the month, sold in the city. Each such wholesale dealer sh
the city on the tenth day of the month next succeeding the calendar month in which such sales were made t
of excise tax due in accordance with this subsection.
The excise tax provided for in this subsection will be in addition to any license fee, tax or charge which
may be imposed upon the business of selling beer at retail or wholesale in the city.
(c) Wine, An excise tax is levied on wine as follows:
(1)
(2)
(3)
in addition to the license fee and taxes levied upon dealers at retail in wines, there is levied and shall be
collected upon every dealer at retail of wine an excise tax of $0.22 per liter and a pro rata tax upon
fractional cases.
The tax levied in this subsection shall be paid by the retailer to the wholesaler at the time of delivery of
such beverages to the retailer. It shall be the duty of each such retailer to pay,.and it shall be the duty of
each wholesaler of such beverages to receive, the proper amount of the tax hereby levied upon each case
delivered by a wholesaler to a retailer. It shall further be the duty of all persons selling wine at wholesale
or making delivery of wine in the city to remit by the tenth of each calendar month, without deduction of
any kind, all sums collected by such wholesaler during the preceding calendar month and to furnish a
summary of all purchase invoices for wine delivered to the retailers. Such remittance and report shall be
to the city clerk.
it shall be unlawful for any retailer of wine to receive and retain any such beverage unless such retailer
shail have paid the case tax thereon. It shall be unlawful for any wholesaler of wine to sell or deliver any
such beverage to any retailer thereof untess such wholesaler shall concurrently with such delivery collect
the tax imposed by this subsection. It shall be unlawful for any wholesaler of wine to fail or omit to remit
to the city promptly when due the taxes levied by this subsection and collected by such wholesater. It
shall be unlawful for any person engaged as a retailer of wine to receive any such beverage from another
retailer unless the tax imposed in this subsection has been paid. It shall be further unlawful for any
retailer of wine to receive and retain such beverages from another retail store, whether such store shall
be owned by the receiving retailer or not, or whether such other store is located within the city or not,
unless the tax imposed in this subsection shall have been paid and remitted to the city clerk.
(d) Distilled spirits by the drink, An excise tax is levied on distilled spirits by the drink as follows:
ra a
(1)
(2)
(3)
in addition to the license fees and taxes assessed and levied for the year upon licensees of distilled spirits
for consumption on the premises, there is imposed and levied upon such licensees a tax on the sale of
distilled spirits by the drink, which tax shall be equal to three percent of the charge to the public for such
drink.
The tax imposed by this subsection shall be paid monthly by the licensee to the city clerk, with payment
due on the tenth day of the month following the month for which such tax is.to be paid. A report showing
the calculations for the tax remitted shall be filed with the remittance.
The failure to make a timely report and remittance shall render a licensee under this subsection liable for
a penalty equal to ten percent 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 of the amount of such
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1013/22, 1:10 PM Byron, GA Cade of Ordinances
remittance for each successive 30-day period or any portion thereof during which such report and
remittance are ne: filed. The filing of 3 false or fraudulent ~eport shail render the licensee making such
report liable for a penalty equal to 25 percent of the amount of the remittance which would be required
under an accurate and truthful report.
(4) Licensees collecting the tax for the sale of distilled spirits by the drink shall be reimbursed in the form of
a deduction in submitting, reporting and payment of the amount due, if the amount is not delinquent at
the time of payment. The rate of deduction shall be three percent of the gross tax or $25.00, whichever is
less.
(Code 1987, § 3-71; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4 , 3-8-2021)
Sec. 4-97, - Payment.
The taxes levied in this article, other than the excise tax on distilled spirits by the drink, shall be paid by the retailer
to the wholesaler at the time of delivery of these beverages to the retailer, It shall be the duty of each retailer to pay and
it shall be the duty of each wholesaler to receive the proper amount of tax levied upon each case delivered. It shall
further be the duty of all persons selling these beverages at wholesale or making delivery of them in the city to remit by
the tenth of the calendar month all sums collected by the wholesaler during the preceding calendar month. These
remittances shail be made to the city clerk.
(Code 1987, § 3-72; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4 , 3-8-2021)
Sec. 4-98. - Examination of books and records.
The books and records of ali wholesalers selling or delivering the beverages mentioned in this article and all retailers
thereof in the city shall be subject to inspection and audit by the city agents to ensure compliance with this article. It
shall be unlawful for any person to deny to any authorized city agent reasonable access to his books and records, and it
shall be the duty of each person to keep accurate records of payments and collections of the tax and remittances.
(Code 1987, § 3-73; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-99, - Penalties.
(a) The failure by a wholesaler to make the timely report and remittance required pursuant to this article shail
render a wholesaler liable for a penalty equal to ten percent of the total amount due during the first 30-day
period following the date the report and remittance were due and a further penalty of ten percent of the
amount of this remittance for each successive 30-day period or any portion thereof during which the report
and the remittance were not filed.
(b) The filing of a false or fraudulent report shall render the wholesale dealer making the report fiable for a
penalty equal to 25 percent of the amount of the remittance which would be required under an accurate and
truthful report.
(c) Any person, wholesaler or retailer who shall violate the provisions of this article shall, upon conviction, be
punished as prescribed by law.
(Code 1987, § 3-74; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4, 3-8-2021)
ahoanthiank ATH
Wu/t4r22, 110 PM Byron, GA Code of Ordinances
Sec, 4-100, - Taxes collected upon delivery.
(a) {t shall be unlawful for any retailer of alcoholic beverages to receive and retain the beverages mentioned in
this article unless he shall have paid the tax thereon.
(b) It shall be unlawful for any wholesaler of alcoholic beverages to seit or deliver these beverages to any retailer
thereof unless he shall concurrently with this delivery collect the tax imposed.
{c) It shall be untawful for any wholesaler of alcoholic beverages to fail to remit to the city when promptly due
the taxes levied and collected by the wholesaler. It shall be unlawful for any person engaged as a retaller of
these beverages to receive these beverages from another retailer unless the tax has been paid.
(d) it shall further be uniawful for any retailer of alcoholic beverages to receive and retail these beverages from
another retail store, whether the other store shall be owned by the receiving retailer or not, or whether the
other store is located within the corporate city limits or not, untess the tax shall have been paid and remitted
to the city clerk.
(Code 1987, § 3-75; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)
Sec. 4-101. - Unpaid taxes.
Alcoholic beverages on which city excise taxes have not been paid are subject to seizure and may be destroyed or
sold by public sale as provided by law.
(Code 1987, § 3-76; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)