§ 6-234. Restrictions.

(a)

Every establishment obtaining a brown bagging permit and allowing brown bagging at such establishments, in addition to the rules contained in article III of this chapter, shall be subject to the following rules and regulations:

(1)

No bottle or other container of distilled spirits shall be in the possession or under the control of any owner, licensee, employee or agent of such establishment at any time.

(2)

Possession of such bottle or container of distilled spirits shall be prima facie evidence of the violation of this provision.

(3)

Bottles or other containers of distilled spirits must remain in the possession of, or under the control of, the person bringing such bottle or container into an establishment permitting brown bagging.

(4)

The business is not to sell, distribute, store, or in any other way deal in the beverage.

[See] O.C.G.A. § 3-3-3.

(b)

Establishments holding brown bagging permits shall not deny or restrict the privilege of brown bagging by patrons or impose any admission charge, cover charge or minimum charge on brown bagging patrons that is not also imposed upon all other patrons during the legal hours of sale and consumption of alcoholic beverages.

(c)

Establishments holding brown bagging permits shall comply with the alcohol regulations relative to business hours contained in section 6-65.

(d)

It shall be unlawful to operate an establishment governed under the provisions of this article without first obtaining a license from the business services division and paying such fees and taxes as may be required by the ordinances, rules and regulations of the city. Brown bagging shall be subject to all general licensing and regulations as well as the licensing and regulations for consumption on the premises establishments.

(e)

Brown-bagging shall include the following acts of non-licensed facilities;

(1)

Any person who brown-bags;

(2)

Any person participating in consumption of any alcoholic beverage being brown-bagged;

(3)

Any person who consumes an alcoholic beverage on any premises holding a business license, except for those premises licensed for on-premises consumption of alcoholic beverages or otherwise exempted from the definition of brown-bagging by virtue of the private residential character of the occupancy;

(4)

Any employee of the business establishment in whose presence brown-bagging knowingly or with reckless indifference occurs.

(f)

The business license of any premises upon which brown-bagging knowingly or with reckless indifference occurs shall be subject to suspension or revocation by the city. Any conviction or plea of guilty or nolo contendere in the municipal court to a charge of brown-bagging shall be admissible in a license suspension or revocation consideration or proceeding.

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