§ 6-12. Sunday sales.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sunday sales means the sale of alcoholic beverages for consumption on the premises in eating establishments or inns between the hours of 11:00 a.m. and 11:30 p.m.

Eating establishment means an establishment:

(1)

Whose primary business is the sale of prepared meals;

(2)

Which is licensed to sell distilled spirits, malt beverages or wine; and

(3)

Which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.

A commercial eating establishment shall have its primary floor area specifically designed, set aside, set up and operating to serve meals and food on the premises and shall have a fully-equipped commercial kitchen to include an appropriate stove, refrigerator, food preparation area, sink and other items required by the county health department and city inspections department for the preparation of food. An eating establishment shall have a printed or posted menu from which selections of prepared meals can be made.

Inn means 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 income from the rental of rooms for overnight lodging.

(b)

Intent. The intent of this section is to allow those full service restaurants that serve the public as part of the city's tourism business to sell alcoholic beverages with meals on Sunday. It is not the intent of this section to permit neighborhood taverns and bars to sell alcoholic beverages on Sunday via the mechanism of serving incidental meals on Sunday.

(c)

License application classifications. The following three license application classifications and criteria for Sunday sales licenses are established:

(1)

New applicant at new location means an eating establishment or inn that has not been licensed for alcoholic beverage sales for any purpose for at least one year prior to application at such place of business.

(2)

Application at existing location means an application for a Sunday sales license at a location which has an alcoholic beverage license under the same ownership or the previous business ownership within the previous license year.

(3)

Application at existing location with alcoholic beverage and Sunday sales license (transfer) and/or renewal means a transfer or renewal of a Sunday sales license at an existing licensed location, licensed within the previous license year.

(d)

Licensing procedures.

(1)

An applicant for a new location shall include an affidavit by the applicant certifying to the intent to meet the requirements of this section and that it will be either an eating establishment or inn. Each new applicant, after having operated for a period of 12 months, must provide to the police department a certified public accountant (CPA) or registered public accountant (RPA) certified affidavit as set forth in subsection (d)(3) of this section.

(2)

An application for an existing location shall include an affidavit by the applicant certifying to the intent to meet the requirements of this section for Sunday sales, and that such location is either an eating establishment or an inn.

(3)

An application for a transfer or renewal license shall include a certified affidavit from a certified public accountant (CPA) or registered public accountant (RPA) attesting to the accuracy of the financial information supplied to him and that such location derived at least 50 percent of its gross revenues for the last 12 months of business under present or previous ownership from the sale of prepared meals or room rental in the case of an inn. In the absence of such data, the business owner will not be considered for Sunday liquor sales until a certified affidavit from a CPA or RPA is submitted certifying as to the revenues for the immediate 12 months of business preceding the time of application for a Sunday sales license.

(4)

Each serving location or place under the same ownership and within the same building or structure under one roof shall be considered one business under the terms of this section, and shall be licensed by one application and one license issued.

(5)

A separate license shall be required for serving locations in separate buildings under the same ownership or management control, and for all locations under separate ownership or management or ownership control.

(6)

A separate license shall be required for a serving location within a building or structure if that serving location is under separate ownership or management control from other serving locations within the same building or structure, and in such case, each serving location shall meet the appropriate criteria for a Sunday sales license without considering either food sales or room rental of the owner serving locations within the same building or structure.

(7)

The accounting and purchasing records for each license issued under this section must be maintained in a manner that is separate and distinct from any other business or activity.

(8)

A nonrefundable application fee of $25.00 is required for all Sunday sales license applications. The license fee for Sunday sales of alcoholic beverages shall be $150.00, which shall be refundable if the application is not approved. A license application for the Sunday sales of distilled spirits for such establishments shall be completed by December 31 of the year preceding the year for which the license is sought and returned to the city before March 1 for approval. Failure to return the application or failure to supply all information requested will result in disapproval of the application and disapproval of the license.

(9)

An affidavit for a new license shall be completed by the licensee. An affidavit for a transfer or renewal must be completed by an independent certified public accountant or a registered public accountant. This affidavit must be based upon the general ledger and attached to the application for each yearly license attesting to the fact that at least 50 percent of its total annual gross income is derived from the rental of rooms for overnight lodging or from prepared meals if it is an eating establishment. Failure to attach such affidavit or failure to comply with the terms of the affidavit will result in disapproval of the application and disapproval of the license.

(e)

Miscellaneous provisions.

(1)

Only dealers licensed under this section are authorized to sell distilled spirits, malt beverages or wine for consumption on the premises in those eating establishments and inns so licensed on Sundays, in compliance with the Georgia Alcoholic Beverage Code, O.C.G.A. § 3-3-1 et seq.

(2)

In enforcing this section, the city and its authorized agents, employees and representatives have the right to audit the records and financial books of applicants and license holders. The city and its authorized agents, employees and representatives also have the right to enter upon the premises of applicants and license holders to inspect the premises and determine whether they comply with this section.

(3)

The provisions of this section shall apply immediately to all Sunday sales licenses.

(f)

Sale of alcoholic beverages on Sundays without special license. It shall be unlawful for any person to sell alcoholic beverages on Sunday within the city limits without obtaining and possessing a special license as set forth in this section.

(Code 1976, § 3-14; Ord. of 3-1-1993, § I; Ord. of 12-3-2018, § II )