§ 3-102. 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 drinks or beverages containing alcohol, including, but not limited to, distilled spirits, beer, malt beverage, wine or fortified wine.

Alcoholic treatment facility means any alcohol treatment facility owned and operated by the state, city, or county, including the buildings and the surrounding property or campus directly incorporated into such use.

Beer or 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 (6) percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer and strong beer. The terms do not include sake, known as Japanese rice wine.

Church building means the main structure used by any religious organization for purposes of worship and the surrounding property or campus directly incorporated into such use in compliance with the zoning ordinances of the city. A church must have its property zoned as church property prior to asserting any rights as a church with respect to this chapter.

City council means the city council board of Grovetown, Georgia.

City park or playground means a park, recreation center, ball fields or playgrounds owned and operated by the city for use by the citizens of the city.

Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than twenty-one (21) percent alcohol by volume, including, but not limited to, all fortified wines.

Eating establishment means a business establishment open to the public which sells prepared food for consumption by the public on the premises, with a full service kitchen which must contain at least a three-compartment pot sink, a commercial grade stove or grill and oven which is permanently installed, and a commercial grade cooler or refrigerator, offering food service every hour such establishment is open, and deriving at least sixty (60) percent of its total annual gross sales from the sale of prepared food items which shall not include the sale of any alcoholic beverages. An eating establishment which was in operation on January 1, 2003, possessed a city business license at that time, and has been in continuous operation since January 1, 2003, must have its full service kitchen approved by the health department and the engineering department. Any other eating establishment must have its full service kitchen approved by the health department, engineering department and the fire marshal where state law requires the establishment to be inspected by the fire marshal.

Fortified wine means any alcoholic beverage made from fruits, berries or grapes, containing more than twenty-one (21) percent alcohol by volume, either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

Governing authority means the city council of Grovetown, Georgia.

Hotel means a business establishment open to the public, which provides sleeping accommodations for rent to the general public, either on a transient or permanent residence basis, either maintaining a minimum of thirty (30) rooms available for rent and having one (1) or more public dining rooms with kitchen facilities as required for an eating establishment, or maintaining less than thirty (30) rooms, but at least three (3) rooms which are available for rent, having at least one (1) public dining room with kitchen facilities as required for an eating establishment, and deriving gross sales from the sale of prepared food items in an amount exceeding its gross sales from the sale of alcoholic beverages. A motel meeting the qualifications set out in this definition shall be deemed a hotel. A hotel may grant a franchise or lease to a third party for the operation of an establishment pursuant to a license within the hotel, and such establishment shall still be treated as part of the hotel.

Indoor commercial recreational establishment means a business establishment open to the public which regularly serves prepared food during every hour it is open for business, and which derives at least seventy (70) percent of its total annual gross sales from sales of prepared food and other goods and services other than alcoholic beverages, with the sale of alcoholic beverages being incidental to the establishment's primary business activity at the location. The primary business activity shall be offering a recreational activity such as, but not limited to, dinner theaters, bowling centers, bingo parlors, and other similar activities. Outdoor recreational activities, dance halls, nightclubs, taverns, video arcades, skating arenas, adult entertainment and/or sexually related entertainment and similar activities are specifically excluded from this definition.

License means a license for the sale of alcoholic beverages issued pursuant to the terms of this chapter.

Licensee means the person to whom a license under this chapter is issued.

Liter means the metric measurement currently used by the United States.

Main entrance door means the principal entrance by which access may be obtained to the operational area of a structure. In the case of a city park or playground or other similar facility which does not have a principal entrance to a structure, this term shall mean the main entrance gate to the facility.

Outdoor commercial recreational establishment means a business establishment, the primary business of which is offering outdoor recreational activities and/or outdoor sports spectator activities to members of the public or members of the establishment if it is a private club, and which regularly serves prepared food during every hour in which it is open for business, and which derives at least seventy (70) percent of its total annual gross sales from the sale of its recreational activities, sports spectator activities, prepared food and other goods and services other than alcoholic beverages, with the sale of alcoholic beverages being incidental to the establishment's primary business activity at that location. The primary business activity shall be offering an outdoor recreational activity or sports spectator activity such as, but not limited to, golf courses, golf training centers and/or driving ranges, tennis facilities, swimming facilities, automobile race tracks, fishing facilities and other similar activities. Adult entertainment and/or sexual entertainment facilities are specifically excluded from this definition.

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

Premises means a physically identifiable place of business of one (1) or more contiguous rooms, operating under the same trade name, where alcoholic beverages are sold. In hotels and private clubs, the premises shall include eating areas, ballrooms, meeting facilities, reception rooms, guest rooms and patio areas of such hotel or private club located within the boundaries of the land on which such hotel or private club is built.

Private club means any nonprofit corporation or association organized under the laws of this state which:

(1)

Has been in existence at least one (1) year prior to filing an application for a license;

(2)

Has at least seventy-five (75) regular dues-paying members; and

(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;

b.

Is staffed with a sufficient number of employees for cooking, preparing and serving meals for its members and guests; and

c.

Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits for the sale of alcoholic beverages beyond a "fixed salary," as such term is defined in O.C.G.A. § 3-7-1, as amended from time to time.

Retail consumption dealer means any person holding the appropriate license who sells at retail, only to consumers and not for resale, alcoholic beverages by the drink for consumption on the premises.

Retail package dealer means any person holding the appropriate license who sells at retail, only to consumers and not for resale, alcoholic beverages in unbroken packages for consumption off the premises.

School building means only the state, county or church school buildings and buildings at other schools in which are taught subjects commonly taught in the common schools and colleges of the state and the surrounding property or campus which is directly incorporated into such uses, provided that schools other than state or county schools must be in compliance with the county zoning ordinances. A school must have its property zoned as school property prior to asserting any rights as a school with respect to this chapter.

Wholesaler or wholesale dealer means any person holding the appropriate license who sells alcoholic beverages to other wholesale dealers, to retail package dealers or to retail consumption dealers.

Wine means any alcoholic beverage made from fruits, berries or grapes which contain not more than twenty-one (21) percent alcohol, either by natural fermentation or by natural fermentation with brandy added. This term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, sake, rectified wines, etc. This 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 the point in the manufacturing process when it conforms to this definition.

(Ord. No. 147, 11-11-02)