§ 3-1. Definitions.

When used in this chapter the following terms shall have the following definitions:

(a)

Alcoholic beverages: Includes all liquors wines, and malt beverages.

(b)

Liquors: All spirituous liquors or distilled spirits commonly known as "whiskey"; any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other solution, and including brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by federal or state law.

(c)

Wines: All alcoholic beverages 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 all sparkling wines, champagnes, combinations of the aforesaid beverages, vermouths, special natural wines, rectified wines, and like products, not including cooking wines, mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

(d)

Malt beverages: Fermented beverages commonly known as "beer" made in whole or in part from malt, or any similar fermented beverage containing not more than six percent of alcohol by volume.

(e)

Mixed drinks: Liquor sold by the drink for consumption on the premises only.

(f)

Restaurant: An established place of business:

(1)

Which is licensed to sell alcoholic beverages for consumption on the premises but promotes the sale of prepared food as a dominant part of the business;

(2)

Which has adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises;

(3)

Which derives at least 50 percent of its gross food and beverage income from the sale of such meals prepared, served, and consumed on the premises;

(4)

Which has no adult entertainment as described in section 3-1(p) of this Code;

(5)

Which charges no fee for admission or contests nor allows an independent individual to charge fees for admission or contests on the premises;

(6)

Which during the normal course of business does not promote or allow contests of skill, dexterity, strength, or talent; and

(7)

Which serves food during all hours of operation.

(8)

Nothing in this definition shall prohibit a restaurant from charging viewing fees for sports or sports-related events (limited to football, baseball, basketball, soccer, Olympic events, tennis, and golf; and professional boxing and wrestling) where the promoter thereof charges the restaurant an authorization fee to show said event by screen or video or other electronic conveyance on the premises of the restaurant itself and where the promoter has provided written permission to the restaurant to charge said viewing fee, but all such restaurants shall obtain a permit from the police department for each event (which shall be issued without charge within 30 days of a request) that shall be posted on the premises in a readily visible position, in which event (if such sporting events are advertised), the restaurant shall be known as a "sports bar," even though it shall be classified as a "restaurant" for licensing and definitional purposes.

(9)

Notwithstanding any other criterion in this section, licensees operating as restaurants may charge after 9:00 p.m. cover charges for live entertainment and contests not adult oriented in nature, provided that they meet all of the distance criteria in Columbus Code sections 3-5(a) and 3-5(b) and 3-5(c) and the 50 percent food sales criterion of subsection (3) of this section and provided further that no persons under the legal drinking age of 21 shall be allowed after the time such licensees begin to charge a cover charge and provided that licensees post a sign provided by the Columbus Consolidated Government and which is visible upon entry to the establishment which shall read " This establishment may charge a cover charge after 9:00 p.m. and no persons under the legal drinking age of 21 shall be allowed on the premises after 9:00 p.m. as per Section 3-1(f)(9) of the Columbus Code. " and upon initial application or upon annual renewal the licensee must indicate the intent to charge a cover charge under this section. Failure to declare the intent to charge a cover charge may result in revocation of the alcoholic beverage license. Restaurants which elect to charge a cover charge are required to comply with section 3-7(c) of the Columbus Code.

(g)

Hotel or motel: Any hotel, inn, or other establishment which offers overnight accommodations to the public for hire.

(h)

Private club: 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.

(i)

Bar/Pub: An established place of business which is licensed to sell alcoholic beverages for consumption on the premises and may serve meals to be consumed on the premises and which also may provide live entertainment or contests involving strength or skill and may provide electronic games or pool tables.

(j)

Night club: An established place of business which is licensed to serve alcoholic beverages for consumption on the premises (the sale of alcoholic beverages being the dominant part of its business) and which also may provide live entertainment.

(k)

Owner: Any person or partner or stockholder owning 25 percent or more of a business.

(l)

Manager: A person hired by a business licensed under this chapter who supervises the operations of that business on a full time basis.

(m)

Riverboat: Any U.S. Coast Guard-certified passenger vessel licensed under this Chapter to serve alcoholic beverages and licensed by Columbus, Georgia to conduct charter cruises or ticketed excursions from a riverboat landing on the Chattahoochee River with a minimum seating capacity of 50 persons.

(n)

Multi-purpose theater : Any theater facility located within a UPT or PMUD zone with a minimum seating capacity of 750 persons which offers live entertainment, plays, musicals, dinner theater or leases space for birthday parties, wedding receptions or similar events whether such events are catered by a private catering service or by the licensee; provided, however, that the 600-foot prohibition contained in section 3-5(d) shall not apply to a multi-purpose theater licensee.

(o)

Bowling center: An establishment which is licensed to sell distilled spirits, malt beverages or wines and which derives at least 50 percent of its total annual gross revenues either from the rental of bowling lanes and bowling equipment or from the combination of the rental of bowling lanes and bowling equipment and the sale of prepared meals and other food products.

(p)

Adult oriented establishment: Those establishments that are licensed to sell alcoholic beverages for consumption on the premises and that offer or conduct adult oriented activities which include but are not limited to partially nude dancing or partially nude modeling.

(q)

Employee: A person that works for an establishment in any capacity, full time or part time, whether on a regular payroll or as a contract agent.

(r)

Transient entertainment: That entertainment which is temporary in nature (such as traveling bands, performers, comedians, etc.) which has a limited engagement under ten days for which advance written notice to the police department is required.

(s)

Partially nude dancing: Dancing or appearing partially nude but at minimum with the human male or female genitals, pubic area and buttocks and all of the nipples of the breast of a female being at least shielded and covered by a fully opaque covering.

(t)

Totally nude dancing: Dancing or appearing in a total state of nakedness without the protection or benefit of the minimal coverings required for partially nude dancing.

(u)

Public indecency: Means and shall include the following:

(1)

Engaging in sexual intercourse, actual or simulated;

(2)

Engaging in masturbation, actual or simulated;

(3)

Engaging in deviate sexual conduct, to include oral copulation, anal intercourse, anal copulation, oral anal copulation, bestiality, fellatio, cunnilingus, buggery, or sodomy;

(4)

Engaging in a state of total nudity as opposed to partial nudity, to include any exposure of the male or the female genitalia, the anus, or the nipples of the female breast in any adult oriented establishment;

(5)

Fondling the genitals of oneself or another person;

(6)

Dancing with the male genitals covered but in a discernibly turgid state;

(7)

Any other acts described in O.C.G.A. § 16-6-8.

(v)

Multi-purpose facility: A facility licensed to sell alcoholic beverages, with a minimum seating capacity of 750 persons, which is owned, operated, managed, used, or controlled by the Columbus Consolidated Government or by an authority thereof. The facility may offer live entertainment (but no adult entertainment as defined in section 3-1 (p)), trade shows, plays, musicals, dinner theater, cultural events, athletic games, recreational activities, and functions authorized by the consolidated government; or leases space for birthday parties, weddings, receptions, or similar events.

(w)

Municipal golf course: A facility licensed to sell alcoholic beverages and operated by a city authority for the specific use and enjoyment of playing golf by the public. Tournaments and contests may be held at these facilities.

(x)

Municipal sports facility: A facility licensed to sell alcoholic beverages owned and either operated, or leased by the city to a professional athletic team, for the purpose of paid spectator sports.

(y)

Audit: To verify records presented to the occupation tax section or its successors for the payment of excise tax or other taxes related to alcoholic beverages or for the renewal of or the maintaining of an alcoholic beverage license. The audit may include on site inspections of beverage establishments and inspection of records pertinent to determining compliance to the conditions set forth in Chapter 3.

(z)

Auditor: Individual who is employed either by the city, or is an agent of the city who performs the function of the audit.

(aa)

Dinner theater: An established place of business that is defined as a restaurant as in section 3-1(f) with the exception that a fee may be collected upon entrance to the business which provides theatrical entertainment during the course of the meal.

(bb)

Community teen center: an established place of business whose sole business or whose dominant line of business as defined in section 19-37(b)(3) is comprised of activities targeted at teenagers, including but not limited to, proms, dances, sports, and school-related activities.

(cc)

Importer: Any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, broker, or wholesaler and who maintains a stock of the alcoholic beverage.

(dd)

Broker: Any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage.

(ee)

Traditional restaurant : An established place of business located in the UPT, CRD, GC, NCCO, and PMUD zones, which meets all of the following criteria:

(1)

Promotes the sale of prepared food as a dominant part of the business;

(2)

Licensed to sell mixed drinks for consumption on the premises only;

(3)

Provides adequate facilities and sufficient employees for cooking or preparing and serving such meals for consumption at tables in dining rooms on the premises;

(4)

Derives at least 80 percent of its gross revenues from the sale of such meals prepared, served, and consumed on the premises;

(5)

Provides no adult entertainment as described in subsection 3-1(p) of the Code;

(6)

Imposes no fees for cover charges, fees for admission or entrance, viewing fees/pay per view fees or fees for contests/tournaments or live entertainment, nor allows an independent individual to charge fees for cover charges, admission or entrance, viewing fees or fees for contests/tournaments or live entertainment on the premises. No live entertainment shall be permitted on the premises;

(7)

Does not promote or allow tournaments or contests of skill, dexterity, strength, or talent;

(8)

Serves food during all hours of operation;

(9)

Impose no age restrictions during any of its hours of operation;

(10)

Reserved;

(11)

Musical instruments or sound reproduction devices shall not be operated or used within a patio/deck or on public right-of-way;

(12)

Owners, applicants, managers and employees shall be responsible for keeping a clean, orderly place, and no patrons shall be allowed to stand, sit, mingle, or assemble outside the building in parking lots or automobiles while drinking alcoholic beverages or causing a disturbance of any kind;

(13)

From Sunday through Thursday, the normal operating hours shall be between 6:01 a.m. and 11:00 p.m. From Friday through Saturday, the normal operating hours shall be between 6:01 a.m. and 12:00 midnight. No customer shall be permitted to remain on the premises for more than 20 minutes after the normal operating hours.

(ff)

Small multi-purpose theatre : Any theatre facility located within a CRD, MROD, or PMUD zone with a seating capacity between 350 and 749 persons which meets all of the following elements:

(1)

Offers live entertainment, plays, musicals, dinner theater or leases space for birthday parties, wedding receptions or similar events;

(2)

Offers alcoholic beverages only when such beverages have been purchased by the licensee permanently located at such premises; except that a bona fide non-profit charitable organization may lease such premises and obtain a special event alcoholic beverage permit that allows such charity to receive alcohol donated by a licensed wholesaler;

(3)

Provides no adult entertainment as described in subsection 3-1(p) and Chapter 14, Article VI of this Code;

(4)

Maintains the following operating hours: from Monday through Saturday, the normal operating hours shall be between 6:01 a.m. and 1:00 a.m. Sunday normal hours of operations shall be between 6:01 a.m. and 12:00 midnight. Sunday hours of operations shall not involve the selling or serving of any alcoholic beverages unless theatre meets requirements outlined in section 3-13 of this Code. No customer shall be permitted to remain on the premises for more than 20 minutes after the normal operating hours cease;

(5)

Owners, applicant, managers and employees shall be responsible for keeping a clean, orderly place, and no patrons shall be allowed to stand, sit, mingle or assemble outside the building in parking lots or automobiles while drinking alcoholic beverages or causing a disturbance of any kind;

(6)

Any individual leasing or renting the theatre and wishing to impose any fees for cover charges, fees for admission/entrance, fees for contests/tournaments or live entertainment shall hold a valid business license and pay all applicable fees and taxes due on all revenues earned; except that a bona fide non-profit charitable organization shall be exempt from the requirements of this subsection.

(gg)

Non-alcohol retail establishment : Any business located within UPT, CRD, GC, NC, CO, or PMUD zones with a dominant line of business that does not involve the sale or distribution of alcoholic beverages that obtains an on-premises license pursuant to this chapter in order to sell, or serve wine and malt beverages to customers on their business premises in the following limited circumstances:

(1)

The business, during all hours of operation, must sell a product or provide a service unrelated to alcoholic beverages that accounts for 80 percent of the business' gross revenue.

(2)

Events where alcohol sale or service is permitted on said business premises shall only take place between the hours of 5:00 p.m. and 12:00 a.m. Monday through Saturday, but this will in no way restrict the hours of operation for the dominant line of business when no alcohol sale or service is taking place.

(3)

The wine and malt beverages offered must have been purchased from a licensed wholesaler by the licensee permanently located at such premises; except that a bona fide non-profit charitable organization may lease such premises and obtain a special event alcoholic beverage permit that allows such charity to receive alcohol donated by a licensed wholesaler.

(4)

The non-alcohol retail establishment shall provide no adult entertainment as described in subsection 3-1 (p) above. Chapter 14, articles IV and VI of this Code, and chapter 13 of the Unified Development Ordinance.

(5)

Owners, applicants, managers and employees shall be responsible for keeping a clean, orderly place, and no patrons shall be allowed to stand, sit, mingle, or assemble outside the building in parking lots or automobiles while drinking alcoholic beverages or causing a disturbance of any kind.

(6)

Persons under the age of 21 may be permitted on the businesses premises at any time; provided that no alcohol shall be served to any person under 21 years of age during the times when wine and malt beverages are being served.

(7)

The alcoholic beverage license and permit of a non-alcohol retail establishment business shall not be transferable to any other license, person, or business. Non-alcohol retail establishment licensees shall not be permitted to cater or sell alcoholic beverages outside of licensed premises.

(8)

No cover charges or other fees for admission will be charged unless it is related to the provision of the goods or services of the licensee's dominant line of business. In such situations the licensee shall hold a valid business license and pay all applicable fees and taxes due on all revenues earned; except that a bona fide non-profit charitable organization shall be exempt from the requirements of this subsection.

(9)

Notwithstanding subparagraph (3) above and section 3-16 hereinafter, a non-alcohol retail establishment may pay an additional on-premises fee of $1,000.00 to the finance department at the same time the annual wine and malt beverage license is obtained which will permit customers to bring their own malt beverages and wine onto the business premises during hours when alcoholic beverages could otherwise be sold pursuant to this sub-section.

(hh)

"Growler: A bottle made of glass or other material or other material customary to the industry provided that the bottle is capable of being sealed with a screw cap and then sealed with a plastic collar over the screw for the purpose of open container laws, and such bottle shall be at least 16 oz. but not exceed 64 oz. in capacity. The sale of growlers in compliance with this chapter is authorized for establishments licensed to sell beer off premise pursuant to Columbus Code Section 3-3(c). However, growlers may not be sold by any establishment also licensed to sell liquors off premise pursuant to Columbus Code Section 3-3(a). The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or other provisions of this chapter. Growlers may only be filled from kegs procured by licensee from a duly licensed wholesaler. Provided however, a brewpub licensee, as defined by O.C.G.A. § 3-5-36, may also fill growlers from kegs of beer manufactured on its own premises as permitted under its state brewpub license. Only professionally sanitized and sealed growlers may be filled and made available for retail sale. Each growler must be securely sealed and removed from the premises in its original sealed condition. Consumption on the premises is strictly prohibited unless the same premises also holds a valid on premise license; provided however, samples of beers available for sale in a growler may be offered on the premises but each sample shall not exceed one ounce nor shall any one individual be offered more than three samples in one calendar day.

(ii)

Designated beverage concessionaire : A licensee selected by the management of a public stadiums, coliseums or auditoriums owned or controlled by the city or by a public authority having seating capacity in excess of 2,500 to provide alcohol sales at that location.

(jj)

Microbrewery means an establishment in which not more than 10,000 barrels of beer or malt beverages are manufactured or brewed on the licensed premises in a calendar year and in which such manufactured or brewed beer or malt beverages may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-5-24.1. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-5-1. Notwithstanding any other provisions of this chapter, the hours of operation of a licensed microbrewery shall be 8:00 a.m. to 11:30 p.m. Monday through Saturday, and 12:30 p.m. to 11:30 p.m. on Sunday.

(kk)

Microdistillery means an establishment in which not more than 10,000 barrels of distilled spirits are manufactured on the licensed premises in a calendar year and in which such manufactured distilled spirits may be sold for consumption on the premises and consumption off premises, subject to the limitations prescribed in O.C.G.A. § 3-4-24.2. As used in this definition, the term "barrel" shall be defined as set forth in O.C.G.A. § 3-4-1. Notwithstanding any other provisions of this chapter, the hours of operation of a licensed microdistillery shall be 8:00 a.m. to 11:30 p.m. Monday through Saturday, and 12:30 p.m. to 11:30 p.m. on Sunday.

(Ord. No. 78-117, 10-17-78; Ord. No. 83-8, § 1, 31-83; Ord. No. 83-9, § 1, 3-1-83; Ord. No. 95-39, § 1, 5-23-95; Ord. No. 95-45, § 1, 6-6-95; Ord. No. 95-99, §§ 1—5, 10-10-95; Ord. No. 99-87, § 1, 12-7-99; Ord. No. 99-92, §§ 1—10, 12-14-99; Ord. No. 00-26, §§ 1—8, 3-7-00; Ord. No. 00-43, § 1, 4-25-00; Ord. No. 00-60, 6-20-00; Ord. No. 00-90, 10-10-00; Ord. No. 04-1, § 1, 1-6-04; Ord. No. 09-10, § 1, 3-10-09; Ord. No. 09-11, § 1, 3-10-09; Ord. No. 10-56, 11-23-10; Ord. No. 11-60, § 1, 11-8-11; Ord. No. 13-50, § 1, 11-12-13; Ord. No. 14-5, § 1, 2-25-14; Ord. No. 14-12, § 1, 3-25-14; Ord. No. 14-15, § 1, 4-22-14; Ord. No. 16-31, § 1, 7-26-16; Ord. No. 19-012, § 1, 3-26-19)