§ 6-2. 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 the ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverages means and includes, but is not limited to, all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

Applicant means an individual applying for any license authorized by this chapter.

Application means a form supplied by the city for the purpose of applying for any license authorized by this chapter.

Beer or 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 ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.

Bona fide private club means any nonprofit association organized under the laws of this state which:

(1)

Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter;

(2)

Has at least 75 regular dues-paying members;

(3)

Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space:

a.

Has suitable kitchen and dining room space and equipment; and

b.

Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and

(4)

Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary.

Brewpub means any eating establishment 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 on the premises and solely in draft form.

Building code includes all building, plumbing and electrical codes and any other similar technical code of the city.

Chief of police means the chief of police of the City of Riverdale, or his/her designate.

Church means a permanent building where persons regularly assemble for religious worship.

Department means the department designated by the city manager.

Designee means any person designated by the director to process license and permits in this chapter.

Director means the director of the department designated by the city manger to process license and permits in this chapter.

Distance means the measurement in horizontal lineal feet from the front door of the proposed licensee's premises to the nearest church, residence, school ground or college campus along the nearest practical street route.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, whiskey, rum, gin, brandy, vodka, tequila, and fortified wines.

Family means any person related within the first degree of consanguinity or affinity as determined according to civil law.

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 other ingredients added, including, but not limited to, brandy.

Hotel means any building or structure kept, used, maintained, advertised and held out to the public as a place where a minimum of 50 sleeping accommodations are offered for adequate pay to travelers and guests, and food is actually served and consumed in one or more dining rooms, having an adequate and sanitary kitchen and minimum seating capacity of 60, such sleeping accommodations and dining rooms being conducted on the same premises.

Individual means a natural person.

Interest in license means an interest held by an owner or co-owner of a license; a partner of a partnership which owns or co-owns a license; a stockholder in any corporation which owns or co-owns a license; an owner, co-owner, lessor, sublessor, partner in a partnership or stockholder in a corporation owning or leasing any real estate on which is located a retail consumption dealer, a retail dealer or wholesale dealer; or anyone sharing in the income or corpus of any trust or estate having such an interest.

License means authorization granted by the city to operate as a retail consumption dealer, retail dealer or wholesale dealer.

Licensee means a person holding a license.

Lounge means a separate room connected with, and a part of, a restaurant with all booths, stools, and tables being open and unobstructed to the view of any other customers in such lounge, or the manager thereof. All lounges shall be air conditioned and have a seating capacity of at least 60 persons.

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, but not including sake.

Motel means any building or structure kept, used, maintained, advertised and held out to the public as a place where a minimum of 50 sleeping accommodations are offered for adequate pay to travelers and guests, and food is actually served and consumed in one or more dining rooms, having an adequate and sanitary kitchen and a minimum seating capacity of 60, such sleeping accommodations and dining rooms being conducted on the same premises.

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 means the definite closed or partitioned establishment, whether room, shop or building wherein alcoholic beverages are sold or consumed. "Premises" shall also include any privately owned or leased courtyard or patio that is architecturally visibly defined.

Principal business when used in this chapter, means that at least 51 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 nonemployee personnel not to include, however, persons who are called to the premises from other licensed businesses to perform service, repair or construction on equipment or building premises. For purposes of this chapter the calculations of receipts for alcoholic beverages shall be made pursuant to the scheduling of pricing and the regulations contained therein as required by this chapter.

Private residence means a house, dwelling, condominium or duplex wherein not less than one nor more than two families customarily reside but does not include: a mobile home; an apartment house having facilities for the housing of more than two families; a boardinghouse or rooming house where there are five or more boarders; any residence located in a commercially or industrially zoned district; or any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of an application by a proposed licensee.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where at least one meal per day is served six days a week, excluding periods for holidays, vacations, and redecorating; having adequate and sanitary kitchen and dining room equipment and a minimum seating capacity of 50; and wherein the principal business is the serving of such meals, which, excluding the sale of alcoholic beverages, account for at least 51 percent of the gross revenue of the business.

Retail consumption dealer means any person who sells alcoholic beverages to consumers for consumption on the premises only and not for resale or to go.

Retail dealer means any person who sells alcoholic beverages in unbroken packages to consumers only to go, not for resale and not for consumption on the premises.

School means only those state, county, city, church or other schools that teach the subjects commonly taught in the common schools of this state and shall include the adjacent open land used for school purposes, but this shall not include any portion of a private school where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

Seating capacity means the amount of individual seating which is located at tables for the purpose of serving the dining public, but not including any seating located in a lounge, bar, or other area designated primarily for the serving of alcoholic beverages.

Wholesale dealer means any person who sells alcoholic beverages to retail dealers or other wholesale dealers for resale.

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, including, but not limited to, sparkling wine, champagne, combinations of such beverages, vermouth, special natural wine, rectified wine and like products, but not including cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )

Cross reference

Definitions generally, § 1-2.