§ 4-2. 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:

    Alcoholic beverage means any beverage containing alcohol and shall include but shall not be limited to, malt beverages, wines and distilled spirits.

    Alcoholic beverage caterer means any retail dealer who has been licensed by the City of Dallas, Georgia to sell alcoholic beverages by the drink or the unopened package.

    Art shop means a retail business devoted exclusively to providing art education that is limited to instruction in painting, sculpture and similar crafts. An art shop may also sell and display portraits, paintings, sculptures, art supplies and similar art work and crafts. An art shop shall not allow activities that would cause the business to be an "adult entertainment establishment" as defined in chapter 44 of the City of Dallas, Georgia Code of Ordinances.

    Authorized catered event means an event at a location not otherwise licensed for consumption of alcoholic beverages by the drink at which alcoholic beverages are furnished, for consideration, and sold, dispensed or provided free of charge to persons present at the event, by the drink, pursuant to a permit obtained under this section.

    Business means any person, corporation, partnership, or other legal entity which exerts substantial efforts within the City of Dallas, Georgia, engages in, causes to be engaged in, and/or represents or holds out to the public to be engaged in any occupation or activity with the object of gain or benefit, either directly or indirectly.

    Brewery means a place where malt beverages are manufactured or brewed.

    Brewpub means any restaurant in which 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. Barrels of malt beverage sold to licensed wholesale dealers for distribution shall not be used when determining the total annual gross food and beverages sales.

    BYOB or brown bagging means possession of an open glass bottle, can, or other container containing an alcoholic beverage or consumption of an alcoholic beverage on premises:

    (1)

    For which a City of Dallas, Georgia business/occupation tax certificate has been issued; and

    (2)

    Which occurs at a location different from where said alcoholic beverage was purchased.

    Church means a body of communicants gathered into church order: united under one form of government by the profession of the same faith and the observance of the same ritual and ceremonies, place where persons regularly assemble in a facility for worship, congregation, or organization for religious purposes.

    College Campus means a collection of two or more buildings used for educational purposes, on either one parcel or contiguous parcels that are under the same ownership by either a public or private institution of higher learning.

    Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume.

    Establishment means any physical location or section thereof for the operation of a business.

    Food caterer means any person who holds a valid business license and for consideration, prepares food for consumption off the premises.

    Fortified wine means any alcoholic beverage containing not more than 24 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentations with brandy added. The term includes, but is not limited to "brandy."

    Georgia Farm Winery means a farm winery which is licensed by the state to manufacture wine in Georgia.

    Growler means a reusable, resealable, and professionally sanitized glass jug used to transport malt beverages or wine for off-premises consumption that is not to exceed 64 ounces and is filled with malt beverages or wine from a keg by a licensee, or an employee of a licensee, with a malt beverage and/or wine license for consumption off premises issued by the City of Dallas, Georgia.

    Hard cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this chapter, hard cider shall be deemed a malt beverage.

    Importer means 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 warehouses a stock of the alcoholic beverage.

    Licensed alcoholic beverage caterer means any person licensed for the sale of alcoholic beverages by the State of Georgia and who possesses a license by a local government in the State of Georgia authorizing such person to sell or dispense alcoholic beverages by the drink off licensed premises and in connection with an authorized catered function.

    Licensee means any person who holds a license from the City of Dallas, Georgia to engage in the selling, manufacturing, distributing or importing at retail or wholesale, of any alcoholic beverages.

    Lounge means a separate room connected with a part of and adjacent to a restaurant with all booths, stools and tables being unobstructed and open to view. All lounges shall be air conditioned and have a seating capacity of at least 40.

    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.

    Managing agent means an individual that is at least 21 years of age, is a U.S. citizen or an alien lawfully admitted for permanent residency, is a resident of the State of Georgia, has day-to-day managerial authority over the business conducted on the licensed premises including the sale of alcoholic beverages, and is employed full-time by the licensed business.

    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; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits;

    (2)

    In the case of malt beverages, any brewer; and

    (3)

    In the case of wine, any vintner.

    Minor means any person less than 21 years of age.

    Multi-use facility means a structure containing three or more retail or office establishments and one or more eating establishment, which has a court area for pedestrian use.

    Non-profit, charitable and civic organization means a bona fide nonprofit civic organization which is exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of 26 U.S.C. Section 501.

    Nonprofit botanical garden or nature science center means a facility primarily used to develop and maintain animals or plant collections, including flowers, shrubs and trees, for public display, education, research, conservation and enjoyment, through, without limitation, horticultural gardens, public and private programs, exhibitions and special events, having not less than 75 acres of outdoor gardens or land preserved for conservation, containing a documented collection of living plants, shrubs and trees, having meeting event space with a capacity for not less than 100 people, that is owned by a corporation that is exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended.

    Open air café means a premise located within the pedestrian court area and adjacent sidewalk of a multi-use facility where food is available for purchase during all hours of operation and where alcoholic beverages may be purchased from a restaurant contained within the multi-use facility for consumption within the open air café.

    Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, social club, joint venture, association, company, corporation, limited liability company, limited liability partnerships, agency, syndicate, estate, trust, business trust, receiver, fiduciary or other group or combination acting as a unit, body politic or political subdivision, the plural as well as the singular member, whether public, private or quasi-public.

    Premises means one physically identifiable place of business operated by the same ownership and overall management consisting of one or more contiguous rooms with only one address registered as a single place of business with the local licensing authority and the state. "Premises" is further defined to include the following areas:

    (1)

    In the case of hotels, motels or private clubs, the swimming pool which is owned by said hotel, motel or club.

    (2)

    Outdoor areas or patios approved pursuant to this chapter.

    (3)

    In the case of a malt beverage and/or wine licensee where a golf course is located adjacent to and contiguous with a restaurant, the playing area of the golf course.

    (4)

    In the case of a nonprofit botanical garden or nature science center the geographic grounds.

    (5)

    In the case of an open air café the pedestrian court area and sidewalk in front of the building in which the multi-use facility is contained.

    (6)

    In the case of the Dallas Civic Center, the geographic grounds of the Dallas Civic Center.

    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:

    i.

    Has suitable kitchen and dining room space and equipment; and

    ii.

    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 as defined by state law.

    Private function means any affair where attendance is by invitation only, where no business transactions are conducted during the private function and there is no cost to attend or to consume the food or alcohol either by donations or by any other means.

    Residence means the act or fact of living or regularly staying at or in some place for the discharge of a duty or the enjoyment of a benefit or the place where one actually lives as distinguished from his domicile or place of temporary sojourn.

    Resident means a person whose primary residence is within the territorial limits of the county.

    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 served, such place being provided with adequate and sanitary kitchen and dining room equipment, air conditioned, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests for every hour they are open. At least one meal per day shall be served at least five days a week, except that restaurants that open for business more than five days a week, shall be required to serve at least one meal per day each day that the restaurant is open, with the exception of holidays, vacation and periods of redecoration, and the serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto. A restaurant shall provide at least 30 seats for customers.

    School means an organized source of education or training whether public or private for the teaching of children in which the traditional subjects and learning processes associated with the Pre-K—12 grades of school are taught.

    Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.

    Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. This shall include any person that transports or delivers alcoholic beverages from a manufacturer for sale at retail by the package.

    Wine tasting means an event as defined in the rules and regulations of the department of revenue.

    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. 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.

( Ord. No. OA-2015-03, 11-2-2015 )