§ 6-1. Definitions  


Latest version.
  • 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:

    Adequate parking means one parking space for each 200 square feet of gross floor area within the premises of an applicant.

    Agent means a person designated and/or authorized by a licensee or their employee, whether compensated or not, to conduct business functions or marketing related to the selling or serving of alcoholic beverages.

    Alcoholic beverages includes, but is not limited to, malt beverages, vinous beverages, and spirituous liquors as defined in this section.

    Amusement park means a place owned and operated permanently and exclusively for the purpose of providing amusement, attractions, and entertainment to the general public through the means of rides, live entertainment and games either on a seasonal or year round basis, which park has at least 25 rides and 50 games or attractions and the area of the amusement park is comprised of at least 80 acres exclusive of parking.

    Bar shall be an establishment that does not meet the definition of a restaurant, nightclub, lounge, farm winery or hotel, and serves alcoholic beverages on premises. A full service food permit shall be valid and issued to the owner/licensee of the bar. Total annual food sales from the sale of prepared meals or food for the bar shall not be less than 30 percent of the total annual gross sales of food and alcoholic beverage sales of the bar.

    Bar facility is a physical structure, permanent, where the establishment staff dispenses alcoholic beverages.

    Bottle house means any place of business open to the public or any private club which allows guests, patrons or members to bring in and to consume the guest's, patron's or member's alcoholic beverages on the premises. This definition includes restaurants with alcohol pouring licenses that allow alcohol to be brought on the premises and may charge a corkage fee. Restaurants that are bottle houses shall pay a license fee as provided in schedule F on file with the county clerk and the business license division.

    Business area means any street length between intersections where 50 percent or more of such street length is in use for business purposes.

    Business license division manager or supervisor means the individual who is the business license division manager handling alcoholic beverage licenses, as such position presently exists, or by whatever name the position may be designated in the future.

    Church means a permanent building where persons regularly assemble for religious worship and shall be publicly designated as a church, but shall not include a residence also used for religious purposes.

    Closed function means an event sponsored by a nonprofit organization not open to the general public which must have a written, limited guest list prepared at least 48 hours in advance of the date on which the closed function is to occur, and which occurs at the Cobb Civic Center, Jim R. Miller Park, Mable House, The Cobb County Safety Village, county community centers, or county art centers which are managed by the parks, recreation and cultural affairs department. No pay-at-the-door guests or drop-ins are to be permitted. Alcoholic beverages may be served without charge and consumed at closed functions, but the offer and sale of alcoholic beverages at such functions is prohibited; except that a general admission fee permitting attendance at the closed function may be collected in advance.

    College means only such state, county, city, church or other colleges as teach the subjects commonly taught in the common colleges of this state, and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. The definition of college shall include a university.

    Convenience store means a retail establishment which offers for sale packaged or unprepared food and grocery items for consumption off of the premises which may sell fuel products, household items, or tobacco products and having 5,000 or less square feet of floor area as floor area is defined in section 134-1 of the Official Code of Cobb County, Georgia.

    Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act, being O.C.G.A. § 42-8-60 et seq.

    Craft beer means a beer brewed by an independent brewer with annual production not exceeding six million barrels.

    Distance means the measurement in lineal feet from the center of any door of customer entry of the proposed premises of a licensee to the nearest property line of any church, library, school, college, park, public housing, public hospital or private residence as defined in this section. A radius shall be measured from the center of any door of customer entry of the proposed premises of any licensee to the nearest property line of any church, library, school, college, park, public housing, public hospital or private residence as defined in this section.

    Drink means any spirituous liquor not in its original package served for consumption on the premises, which may or may not be diluted by any other liquid.

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

    Farm winery means a domestic manufacturer of wine in quantities of less than 100,000 gallons of wine per year, that is licensed by the state pursuant to O.C.G.A. § 3-6-21.1. Provided a license is issued as required by this chapter, a farm winery is authorized to sell wine by the package, by the drink and operate a wine tasting facility on the premises of the farm winery without additional license requirements, except as is required in chapter 78.

    Grocery store means a retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed five percent of its total gross sales.

    Hotel means a building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms, with adequate and sanitary kitchen and a seating capacity of at least 40, where meals are regularly served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a lounge, restaurant or nightclub on their premises; and the holder of such franchise shall be included in the definition of hotel hereunder.

    Legal alien means a person who possesses a valid United States government-issued I-551 card; an application for I-551 status does not meet the legal alien definition. Any other status, which allows a person to enter the United States, does not comply with this definition.

    License means the authorization by the board of commissioners to engage in the sale or consumption on the premises of alcoholic beverages.

    License review board means the board created under section 6-90.

    Licensee means a person holding any class of license issued under the terms of this chapter.

    Lounge means a separate room in which alcoholic beverages are sold, connected with a part of and adjacent to a restaurant or located in a hotel as defined in this section with all booths, stools and tables being unobstructed and open to view. All lounges shall be air condition and have a seating capacity of at least 50. A lounge, as defined in this section, which is operated on a different floor in the premises, or in a separate building, or has a separate customer entrance, or is not connected with a part of and adjacent to a restaurant, shall be considered a separate establishment and shall pay an additional license fee therefore. A lounge operated by a different entity from the hotel or restaurant must have a separate license as a bar or restaurant and meet the food requirements of a bar or restaurant.

    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.

    Managing capacity shall mean the president or chief executive officer of a corporation, or a person who has responsibility for management of the operations, including sale of alcoholic beverages, at the location to be licensed or supervision of management of the operations, including sale of alcoholic beverages, at the location to be licensed and who is a full-time employee of the corporation, partnership, proprietor or other ownership entity.

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

    (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits;

    (2) In the case of malt beverages, any brewer; and

    (3) In the case of wine, any vintner.

    Minor means a person less than 18 years of age.

    Nightclub means an establishment with all booths and tables being unobstructed and open to view, and has as its primary business providing to its patrons a band and/or other professional live entertainment performed onsite of the nightclub, including but not limited to, music, comedy, readings, or acting. As provided in this code section, live entertainment shall not include music provided by a disc jockey(s), karaoke, games, contests, fashion shows, dancing and dance shows, sports events, events on television or monitors and modeling. Live entertainment shall be provided the majority of the time that the nightclub is open for business. Should any establishment defined herein provide to its patrons entertainment such that the entertainment establishment may also be classified or defined as an adult entertainment establishment pursuant to the provisions of chapter 78, article III, division 8, such establishment must additionally procure a valid license for the operation of an adult entertainment establishment in accordance and through compliance with all requirements of such article. All such nightclubs shall be equipped with air condition and shall maintain an adequate kitchen with a valid full service health department permit and with a sufficient number of servers and employees for cooking, preparing and serving food and meals for their patrons, provided that nightclubs located in hotels having dining room and kitchen facilities may be excluded from the requirement of maintaining a kitchen in connection with such nightclub. The principal business of such nightclubs shall be entertainment, and the serving of food and spirituous liquors shall be incidental thereto.

    Package store means a business establishment whose primary business activity is the retail sale of alcoholic beverages by the package.

    Park means any public lands owned or controlled and operated by this county, any county of the state, any municipality of the state, the state, the United States of America or any property owned or managed by a nonprofit organization, in and upon which play facilities are provided for the recreation and enjoyment of the general public.

    Pouring license means a license that authorizes on-premises consumption of alcoholic beverages.

    Principal shareholder means a person who owns any shares of a corporation with less than 35 shareholders or more than five percent of the shares of a corporation which has more than 35 shareholders, except that a person who owns shares which are publicly traded shall not be deemed to be a principal shareholder or to have a beneficial interest in the corporation based solely on the fact of stock ownership.

    Private club means a corporation organized and existing under the laws of the state, actively in operation within the county, having at least 200 members regularly paying monthly, quarterly, or semiannual dues, organized and operated exclusively for pleasure, recreation and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of servants and employees for cooking, preparing and serving meals for its members and guests; provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of spirituous liquors to the club or its members or guests beyond the amount of such salary as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club.

    Private party function means an event held by an amusement park where alcoholic beverages are provided. The owner/licensee must submit to and have the private party function approved by the supervisor of the county's business license office provided such function does not threaten the health, safety and welfare of the participants or public. In the event the private party function is not approved by the business license supervisor the owner/licensee may appeal said decision to the license review board. The license review board shall have the authority to approve the private party function provided the function does not threaten the health, safety and welfare of the participants or public. Any decision of the license review board may be appealed to the board of commissioners in the same manner as set forth in section 6-90.

    Private residence means a house or dwelling wherein not less than one or more than two families customarily reside and shall not include a mobile home, an apartment house having facilities for housing more than two families, a boardinghouse or roominghouse where there are five or more boarders or roomers, any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of any application for license, or any residence that shall be a nonconforming use in a commercial zone.

    Purchase price means the consideration received for the sale of spirituous liquors by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property, or services of any kind or nature, and also the amount for which credit is allowed by the licensee or his agent to the purchases, without any deduction therefrom whatsoever.

    Purchaser means any person who orders and gives present or future consideration for any spirituous liquor by the drink.

    Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly prepared and served, without sleeping accommodations, such place seating a minimum of 40 or more people, and holding a certificate of approval from the county health department. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations, and periods of redecorating; and the serving of such meals shall be the principal business conducted; with the serving of distilled spirits to be consumed on the premises as only incidental thereto. A restaurant shall have 50 percent or more of its total annual gross sales of food and alcoholic beverage from the sale of prepared meals or food.

    Retail sale means selling or offering for sale alcoholic beverages to any member of the public. Such term shall also include, without limitation, the sale to any member of the public of any ticket or license, or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages.

    School means only such state, county, city, church or other schools as teach the subjects commonly taught in the common schools of this state, and shall not include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

    Spirituous or alcoholic liquors means all beverages containing alcohol, obtained by distillation or containing more than 21 percent of alcohol by volume, including fortified wines.

    Tax means tax imposed for each calendar month of the year.

    Underage person means a person who is less than 21 years of age.

    Vinous beverages or wine means any alcoholic beverages containing not more than 21 percent of 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.

    Wholesaler means any person engaged in distribution or selling to retailers for the purpose of resale of any alcoholic beverages as defined in this section.

(Ord. of 8-14-73, art. I, § 1; Ord. and Res. of 2-12-74; Ord. and Res. of 3-26-74; Ord. of 3-24-87; Ord. of 4-14-87; Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 4-25-91; Ord. of 5-26-92; Ord. of 7-14-92; Ord. of 5-11-93; Ord. of 10-11-94; Code 1977, § 3-4-1; Ord. of 7-23-96; Ord. of 8-10-99; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 1-22-02; Ord. of 7-8-03; Ord. of 7-27-04; Ord. of 1-25-05; Amd. of 2-23-10; Amd. of 2-22-11; Ord. of 3-13-12; Ord. of 7-24-12; Amd. of 2-26-13)

refcross

Definitions generally, § 1-2.