§ 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 beverages, wine or fortified wine.

Applicant means the individual who seeks an employee handling permit, the individual who seeks an alcoholic beverage license, or in the case of a partnership, corporation, or other legal entity that seeks an alcoholic beverage license, each individual with an influential interest in the establishment applying for an alcoholic beverage license. Primary applicant means the individual who is primarily responsible for alcoholic beverage matters for the establishment applying for an alcoholic beverage license. Additional applicant means any other individual with an influential interest in the establishment.

Art shop means a retail business located in the TOD, VC, or MU-BC zoning districts devoted exclusively to providing art education that is limited to instruction in painting, sculpture, and similar crafts; or to selling and displaying portraits, paintings, sculptures, and similar art work and crafts. An art shop may sell art supplies in addition to providing art education or to offering artwork for sale.

Beer and malt beverage mean 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, lager beer, small beer and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.

Brewpub means any eating establishment which derives at least 50 percent of its total annual gross food and beverage revenue from the sale of prepared meals and food and in which beer or malt beverages are manufactured or brewed subject to the barrel production limits and regulations under state law.

Brown bag establishment means any restaurant, music hall, theater or other establishment licensed as a brown bag establishment providing food or entertainment in the normal course of business, and in which the owners or their agents knowingly allow patrons to bring in and consume the patrons' own alcoholic beverages.

Craft brewery (also known as micro-brewery) means a building or group of buildings where beer is brewed, bottled, packaged, and distributed for wholesale and/or retail distribution, subject to the limitations imposed by the Chamblee Unified Development Ordinance.

Craft distillery (also known as micro-distillery) means a building or group of buildings where distilled spirits are manufactured (distilled, rectified or blended), bottled, packaged, and distributed for wholesale and/or retail distribution, subject to the limitations imposed by the Chamblee Unified Development Ordinance.

Distilled spirits and spirituous liquor mean any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including but not limited to all fortified wines.

Employee means any person who works or engages in activity for pay on the premises of a licensed establishment on a full-time, part-time, temporary, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Fortified wine means any alcoholic beverage containing 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 "fortified wine" includes, but is not limited to brandy.

Full-service kitchen means a kitchen consisting of a four-compartment pot sink, a stove or grill, permanently installed, and a refrigerator, all of which has been approved by the DeKalb County Health and Fire Departments.

Growler means a professionally sanitized reusable container not exceeding 64 ounces in volume used to transport draft beer for off-premises consumption.

Hearing officer means an attorney, not an employee of the city, who is licensed to practice law in Georgia, and retained to serve as an independent tribunal to conduct hearings under this chapter.

Influential interest means the actual power to control or influence the operation, management, or policies of an establishment or legal entity which operates the establishment. An individual is deemed to have an "influential interest" if he or she: (1) is the on-site general manager of the establishment, (2) owns a financial interest of ten percent or more of a legal entity operating the establishment, or (3) holds an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the establishment.

Initial application means any application for an alcoholic beverage license that is filed by a person or entity that is not licensed to sell alcoholic beverages under this chapter at the time of filing.

Licensee means the individual to whom an alcoholic beverage license is issued, or, in the case of a partnership, corporation, or other legal entity that operates an establishment, the legal entity and each individual who has an influential interest in the establishment.

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

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; and

(2)

In the case of any malt beverages, any brewer; and

(3)

In the case of wine, any vintner.

Mixed-use development means a commercial development, which contains a mixture of retail, restaurants and residential units, with not less than 15,000 square feet of commercial space and not fewer than 200 residential units, and is located in a CC (Corridor Commercial), VC (Village Commercial), MU-BC (Mixed-Use Business Center), or TOD (Transit Oriented Development) zoning district.

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

Performing arts facility means an establishment that:

(1)

Is located in the TOD, VC, or MU-BC zoning district;

(2)

Is a theater, concert hall, art center, museum, or similar establishment that is primarily devoted to the arts or theatrical performances;

(3)

Derives less than 33 percent of its total monthly sales from the sale of alcoholic beverages;

(4)

Limits the sale of alcoholic beverages on its premises to less than five hours per day; and

(5)

Does not remain open beyond 12:00 midnight.

Records means all documents, invoices, papers, letters, books, tapes, photographs, computer-based or computer-generated information, files, data, data fields, or similar material generated, prepared, compiled, or maintained by a licensee or an applicant for a license.

Renewal application means any application for an alcoholic beverage license that is filed by a person or entity that is licensed to sell alcoholic beverages under this chapter at the time of filing.

Retail dealer means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale.

Wholesaler and wholesale dealer mean 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 "wine" includes, but is not limited to, all sparkling wines and champagnes, and combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term "wine" 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.

Wine and malt beer specialty shop means a retail establishment:

(1)

Which shall deal in the sale of malt beverages or table wine, dessert wine, fortified wines, port, sherry or other wine as the term "wine" is defined in section 6-1, in closed packages for consumption off the premises and wine accessories;

(2)

Which shall not maintain on the premises and offer for sale distilled spirits;

(3)

Which shall maintain on the premises and offer for sale at all times a variety of wines or malt beverages from not less than 30 manufacturers or importers; and

(4)

Which shall submit an inventory list of all wines and malt beverages maintained on the premises and offered for sale to the city clerk's office. Such inventory list shall be submitted to the city clerk's office on a quarterly basis by the first day of each of the following months of each year: January, April, July and October.

(Code 1982, § 9-2-2; Ord. No. 631, pt. I, 2-15-11; Ord. No. 641, pt. I, 4-17-12; Ord. No. 692 , pt. I, 11-17-15; Ord. No. 703 , pt. I, 4-19-16; Ord. No. 741 , pt. I, 8-15-17; Ord. No. 754 , pt. I, 10-16-18)

Cross reference

Definitions and rules of construction generally, § 1-2.