City of Atlanta
Georgia

Ordinance
17-O-1523

AN ORDINANCE BY FINANCE/EXECUTIVE COMMITTEE TO AMEND CHAPTER 10, ARTICLE II, DIVISION 2, SUBDIVISION I, SECTION 10-60, ENTITLED ANNUAL LICENSE FEE; REFUNDS, TO INCREASE THE ANNUAL LICENSE FEES FOR CERTAIN CLASSIFICATIONS OF ALCOHOL LICENSES, TO REQUIRE A SEPARATE LICENSE FOR CONSUMPTION OF DISTILLED SPIRITS, WINE OR MALT BEVERAGES ON THE PREMISES; AND FOR OTHER PURPOSES.

Information

Department:FinanceSponsors:
Category:FinanceFunctions:Legislative Liaison - Charlene Parker

Attachments

  1. Printout
  2. Alcohol Fee Increase Ordinance

Body

WHEREAS, the City of Atlanta has an interest in maintaining the health, safety and welfare of the citizens of the City of Atlanta and its visitors; and

 

WHEREAS, the City of Atlanta has an interest in regulating, through the lawful exercise of its police powers, the sale of alcoholic beverages within its territorial limits; and

 

WHEREAS, Section 1-102(c)(2) of the City of Atlanta Charter authorize the City of Atlanta to adopt all reasonable rules and regulations within its police powers to regulate alcohol businesses, including the right to impose reasonable fees for the regulation thereof; and

 

WHEREAS, the purpose of such regulatory fees is not to raise revenue, but to cover the cost of regulating the sale of alcohol for the protection of the public, and such fees are authorized as long as the fees charged approximate the costs of the necessary regulatory activity; Hadley v. City of Atlanta, 232 Ga. App. 871, 874, 502 S.E. 2d 784 (1998); and

 

WHEREAS, OCGA § 3-4-48 sets forth that “[t]he annual license fee to be charged by a municipality . . . shall not be more than $5,000.00 for each license”; and

 

WHEREAS, accordingly, the City may charge up to $5,000.00 as an annual fee for each type of alcohol license it offers to the public if $5,000.00 does not exceed its cost of regulation.

 

WHEREAS, City of Atlanta Code of Ordinances section 10-60 sets forth the annual regulatory license fees for each classification of City of Atlanta alcohol licenses; and

 

WHEREAS, the last time the alcohol license fees were raised was June 30, 2010 pursuant to Ordinance 10-O-0900; and

 

 

 

 

 

 

WHEREAS, currently the costs of regulating certain alcohol licenses exceed the fees imposed therefor; (See Financial Study, attached hereto as Exhibit ‘A’); and

 

WHEREAS, it is the desire of the City of Atlanta to increase these alcohol license fees such that they more closely approximate the costs of the regulation thereof; and

 

WHEREAS, an increase to the alcohol license fees to the statutory $5,000.00 cap would not exceed the City’s costs of regulating these alcohol licenses; (Exhibit ‘A’); and

 

WHEREAS, currently the City offers a single license for the sale of distilled spirits, wine and malt beverages for consumption on the premises for one $5,000.00 discount license fee; and

 

WHEREAS, the cost to regulate a single location licensed for the sale of distilled spirits, wine and malt beverages per year greatly exceeds the $5,000.00 discount license fee for such combination licenses; and

 

WHEREAS, accordingly, the City desires to cease offering a discounted combination license for the sale of distilled spirits, wine and malt beverages for consumption on the premises, and will instead issue licenses for the sale of distilled spirits, wine, or malt beverages for consumption on the premises separately; and

 

WHEREAS, because annual alcohol licenses expire on December 31 of each year in accordance with state law, (OCGA § 3-2-7(a)(1)), the changes described in this ordinance shall begin apply to all alcohol licenses issued for 2018.   

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

 

Section 1That Chapter 10, Article II, Division 2, Subdivision I, Section 10-60(a), entitled “Annual license fee; refunds”, of the City of Atlanta Code of Ordinances, be amended so it shall read as follows (with permanent additions in underline font and permanent deletions in strikethrough font):

 

Sec. 10-60. - Annual license fee; refunds.

 

(a)              The annual license fee for each classification of license under this division shall be as follows:

Fees Effective Applicable to Licenses for the Sale of Alcohol Beginning in the Year 20108

(1)              Wine.

a.              Manufacturer of wine ..... $2,250.00 $5,000.00

b.              Wholesaler, importer and/or broker of wine ..... 2,000.00 $5,000.00

c.              Retail dealer in wine to be consumed on or off the premises of the dealer, which shall be authorized to conduct wine tasting events at any time during the year ..... 2,500.00 $5,000.00

d.              Retail dealer in wine to be consumed off the premises of the dealer only ..... 2,500.00 $5,000.00

e.              Tasting room for retail dealer in wine and wine to be consumed on the premises ..... 2,500.00 $5,000.00

f.              Tasting room for retail dealer in wine and wine to be consumed on the premises which sells wine by the package on Sunday ..... 3,750.00

(2)              Malt beverages.

a.              Brewer or manufacturer of beer ..... $5,000.00

b.              Wholesaler, importer, and/or broker of beer ..... 2,000.00 $5,000.00

c.              Retail dealer of beer to be consumed on or off the premises of the dealer ..... 2,500.00 $5,000.00

d.              Retail dealer in beer to be consumed off the premises of the dealer only ..... 2,500.00 $5,000.00

(3)              Distilled spirits.

a.              Manufacturer ..... $5,000.00

b.              Manufacturer that manufactures, distills or blends liquors made whole from products raised in the state ..... 5,000.00

c.              Wholesaler ..... 5,000.00

d.              Retail sale in package form ..... 4,500.00 $5,000.00

Plus an amount equal to one percent of the gross sales of the previous year in excess of $200,000.00, not to exceed a maximum license fee of $5,000.00 per annum.

1.              In determining the license fee to be paid by any dealer in distilled spirits, each individual store or retail outlet shall be considered singly, and the license fee fixed shall be determined by sales made at each individual store.

2.              Annual sales for the purpose of determining the license fee to be paid shall be the sales made by the store or outlet the previous 12 months, except that all new stores or licenses shall, for the first year, pay $3,000.00 per annum.

(4)              Consumption on the premises of distilled spirits, wine, and or malt beverages.

a.              Initial distilled spirits license ..... $5,000.00

b.              Initial wine license ..... $5,000.00

c.              Initial malt beverages license ..... $5,000.00

bd.              Additional distilled spirits, wine, or malt beverages facility licenses, each ..... 5,000.00

1.              Additional licenses shall be required for all additional facilities such as lounges, restaurants, nightclubs, patios or other areas located within the same building.

2.              All restaurant patios and outdoor or open air eating areas which are immediately adjacent to restaurants shall be exempt from the additional facility license fee.

3.              The licensee shall not provide any electronically amplified music or live entertainment on any patio, deck or in any other outdoor or open eating or drinking areas in which the licensed premises are within 500 feet of any area zoned for single-family residences. Notwithstanding the foregoing, no licensee shall provide any electronically amplified music or live entertainment on any patio, deck or in any other outdoor or open eating or drinking areas after 12:00 midnight.

4.              All such licensees shall be required to comply with the requirements as to limitations on noise levels established by ordinance.

(5)              Retail of beer or wine consumption off the premises.

a.              Initial license ..... 2,500.00 $5,000.00

b.              Leased locations as additional facilities, each license ..... 2,250.00 $5,000.00

Additional licenses shall be required for each leased location located within a licensed premise, such as the Sweet Auburn Curb Market located at 209 Edgewood Avenue. In no event, however, shall there be no more than four additional facilities licenses at any location licensed for off premises consumption. Provided further, however, that the entire licensed location shall derive less than five percent of its gross receipts from the sale of alcoholic beverages.

Additional licenses shall be required for each leased location located within a licensed premise, such as the Sweet Auburn Curb Market located at 209 Edgewood Avenue. In no event, however, shall there be no more than four additional facilities licenses at any location licensed for off premises consumption. Provided further, however, that the entire licensed location shall derive less than five percent of its gross receipts from the sale of alcoholic beverages.

(b)              If the licensee is denied a license by the state, upon the proof of that refusal, the licensee shall be entitled to a refund of the license fee paid to the city, less a charge of $25.00 to cover clerical cost of granting the license. If for any reason, the application for a city license is not approved, the applicant shall be entitled to a refund of the license fee pre-paid with the submission of the application, without interest. The refund may be made by the chief financial officer without the necessity of any action by the council.

(c)              No license shall be issued for less than a calendar year, and if a license is revoked or surrendered before the expiration of a calendar year, the holder thereof shall not be entitled to receive any refund.

(d)              A licensee may be entitled to a refund of the license fee paid to the city if the licensed business cannot continue to be operated due to (i) destruction by fire or an act of God, (ii) death of the licensee, or (iii) any action taken by a governmental entity beyond the licensee's control. A refund shall not be granted if the license is revoked or suspended by resolution, approve or deny such refund. If a refund is approved by the council, the refund shall be calculated as follows:

(1)              Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year.

(2)              One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year.

(3)              One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year.

(4)              No refund if the licensee goes out of business during the fourth quarter of the calendar year.

(e)              If for any reason, the issuance of a license is delayed so as to entitle the applicant to pay a prorated portion of the license fee for the year when the applicant has already pre-paid with submission of the application the full year's license fee; the city shall refund any overpayment of license fees to the licensee within 30 days after the license is issued.

 

Section 2:              That Appendix B to the City of Atlanta Code of Ordinances, entitled “Fees”, shall be amended to reflect the changes to the alcohol license fees reflected in this Ordinance.              

 

Section 3:              Except as specifically provided herein, the amendments reflected in this Ordinance shall become effective immediately upon approval.

 

Section 4:              That all ordinances or parts thereof in conflict with this ordinance are hereby repealed to the extent of the conflict.

 

Section 5:              That the Municipal Clerk is instructed to retain all legislative history references in the codified version of Chapter 10, including Editor’s notes, and shall not delete any such references, but shall amend them to include this ordinance.             

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AAR

 

 

 

 

Meeting History

Aug 30, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

RESULT:ACCEPTED [UNANIMOUS]
AYES:Howard Shook, Yolanda Adrean, Alex Wan, Natalyn Mosby Archibong, Carla Smith, Clarence "C. T." Martin, Felicia A Moore
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:REFERRED TO COMMITTEE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Andre Dickens
Sep 13, 2017 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

RESULT:REFERRED TO COMMITTEE [5 TO 0]
MOVER:Alex Wan, District 6
SECONDER:Howard Shook, Chair, District 7
AYES:Howard Shook, Yolanda Adrean, Alex Wan, Clarence "C. T." Martin, Felicia A Moore
AWAY:Natalyn Mosby Archibong, Carla Smith
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

In Committee of the Whole, Chairperson Dickens made a Motion to Hold. It was Seconded by Councilmember Adrean and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.

HELD IN COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

RESULT:HELD IN COW [11 TO 0]
AYES:Mary Norwood, Andre Dickens, Carla Smith, Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Joyce M Sheperd
EXCUSED:Michael Julian Bond
AWAY:Kwanza Hall, Ivory Lee Young Jr., Keisha Lance Bottoms
Sep 26, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 10, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 16, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 24, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft

Katrina Taylor Parks

Amber Robinson

Councilmember Kwanza Hall

Karen Grimmer

RESULT:FILED BY COMMITTEE [UNANIMOUS]
MOVER:Felicia A Moore, Councilmember, District 9
SECONDER:Clarence "C. T." Martin, Councilmember, District 10
AYES:Andre Dickens, Michael Julian Bond, Cleta Winslow, Clarence "C. T." Martin, Yolanda Adrean, Felicia A Moore
ABSENT:Ivory Lee Young Jr.
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:FILED [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Kwanza Hall