§ 6-1. 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 ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

Chain grocery store means a grocery store with gross annual sales exceeding $1,000,000.00 in this city, or projected annual sales at the location for which the license is sought exceeding $1,000,000.00 based upon the operation of another of the chain's stores of similar size in a municipality with a population of 6,000 persons or less.

Corporation means a legal entity organized and existing under the laws of any state of the United States in the form of a corporation or a limited liability company, which is authorized to do business in the state under the laws of the state.

Grocery store means a business offering for retail sale to the public grocery and related items excluding gasoline, motor oil, cigarettes and prepared food cooked or heated on the licensed premises (including but not limited to hot dogs, hamburgers, pizza, fried chicken, sandwiches and bakery items).

Licensee means the applicant for or holder of a license to sell alcoholic beverages in the city.

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, larger beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine.

Manufacturer means any maker, producer or bottler of an alcoholic beverage. The term also means, in the case of malt beverages, any brewer.

Package means a bottle, can, keg, barrel or other original consumer container.

Package licensee means the applicant for or holder of a license for the retail sale of malt beverages and/or wine by the package.

Person having an ownership interest in the licensee means any natural person, partnership, limited partnership or corporation who possesses a 25 percent or greater ownership interest in the licensee.

Person having the primary responsibility for managing the business means a person actively involved in the day-to-day operations of the business located on the licensed premises, and who has authority to prescribe any/or enforce rules, regulations and guidelines prescribed by the licensee for employees engaging in the sale or dispensing of malt beverages and/or wine on the licensed premises, and who has the final authority to discipline any employee violating such rules, regulations and guidelines.

Person holding license on behalf of licensee means a natural person that holds the license on behalf of a sole proprietor, a corporation, a partnership, or other legal entity.

Pouring licensee means the applicant for or holder of a license for the retail sale of malt beverages and/or wine by the drink.

Purchase of a going business means the sale by a licensee to a separate person or entity of substantially all of the stock in trade of the licensed business at the licensed premises, including the good will of the licensed business, and including the continued use of the trade name, together with an agreement by the seller not to use the same or confusingly similar trade name in the county. However, a purchase shall not be considered a "purchase of a going business" unless the business continues to be operated under the same trade name and at the same location for a period of 12 months subsequent to the date of purchase.

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. At least one meal per day shall be served on at least three days per week, with the exception of holidays, vacations, and period of redecoration, and the serving of such meals shall be the principal business conducted, with the service of alcoholic beverages to be consumed on the premises as only incidental thereto. A restaurant shall provide at least 24 seats for its customers, and shall derive at least 50 percent of its gross revenue from the sale of food prepared on the premises. A restaurant must also have a valid food service establishment permit as required by O. C. G. A. § 26-2-371.

Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers or to retail consumption dealers.

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. 411, 10-2-02; Ord. No. 420, § Ia., 1-20-04)