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PEACHTREE CITY POLICE DEPARTMENT Alcohol Permit Presentation
Peachtree City Code of Ordinances n The relevant portion of the Peachtree City Code of Ordinances that regulates the sale and distribution of alcoholic beverages is Chapter 6. This chapter describes by what authority the city of Peachtree City derives the right to regulate alcohol sales and distribution, as well as establishes guidelines for licensing and distribution.
Article 1 n Where does the city of Peachtree City derive the authority to regulate alcohol sales and distribution? n Section 6. 1. Authority to regulate alcoholic beverages in the city.
Section 6. 1 continued… n O. C. G. A. 3 -4 -49, authorizing a municipality voting in favor of the issuance of licenses for the manufacture, possession, distribution and sale by the package of distilled spirits, to adopt all reasonable rules and regulations as may fall within the police powers of the municipality to regulate any such business;
Section 6. 1 continued… n O. C. G. A. 3 -4 -90, authorizing each such municipality to issue licenses, through ordinance, to sell distilled spirits for beverage purposes by the drink, the sales to be for consumption only on the premises;
Section 6. 1 continued… n O. C. G. A. 3 -4 -110, granting such municipality the full power to adopt all reasonable rules and regulations governing the conduct of any such licensee, including but not limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipality;
Section 6. 1 continued… n O. C. G. A. 3 -5 -40 and 3 -5 -42, authorizing municipal licenses for the business of manufacturing, distributing, and selling malt beverages at wholesale and retail; and…
Section 6. 1 continued… n O. C. G. A. 3 -6 -40, authorizing municipal licenses for the manufacturing, distributing and selling wine at wholesale and retail.
Article III n n How does this affect the server of alcoholic beverages? Section 6 -106. Sales on licensed premises. Only those individuals who are agents, clerks or employees of the licensee shall handle, sell or serve alcoholic beverages on a licensed premises.
Article III continued… n Section 6 -107. Sale to intoxicated person forbidden. Alcoholic beverage licensees and their agents, clerks and employees are prohibited from selling, bartering, exchanging, giving, providing or furnishing any alcoholic beverage to any person who is in a noticeable state of intoxication.
Article III continued… n Section 6 -123. Hours of sale; quarterly report of gross sales. (a) No alcoholic beverage may be sold by the package on Sunday. The sale of alcohol by establishments holding licenses to sell alcohol by the drink must cease at 12: 00 midnight on Saturday night with the following exceptions:
Article III continued… In years in which New Year’s Eve falls on a Saturday, sales may continue through 1: 00 am on Sunday, New Year’s Day. Those establishments which qualify under subsection (b) of this section may reopen at 12: 30 pm on Sunday.
Article III continued… (b) Alcoholic beverages may be sold on Sunday for consumption on premises from 12: 30 pm to 12: 00 midnight in those licensed establishments deriving at least 50 percent of annual gross sales from the sale of food, provided food is available with a menu for sale and consumption. Such establishments having more than one license may sell alcoholic beverages in all licensed outlets. Further, any licensed establishment deriving at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging may sell alcoholic beverages on Sunday for consumption on premises from 12: 30 pm to 12: 00 midnight.
Article III continued… (c) (d) The sale of alcoholic beverages on election day within 250 feet of a polling place during such time as the polls are open is prohibited. The license holder shall provide the city a quarterly report showing the gross sales of food service, gross sales of room rental and gross sales of alcoholic beverages. The report shall be made on a form and in a manner prescribed by the city clerk.
Article III continued… Who is required to have an alcoholic beverage handling permit? (a) Any person, manager, or employee, who is responsible to sell, serve, deliver, dispense, or take orders for alcoholic beverages in restaurants, hotels, conference centers, lounges, stores, or any other business entity, or who handles alcoholic beverages in package stores, or who works as a security employee in any on-premise consumption or package store, whether or not such person is contracted or an employee of such package store or on-premise consumption location, shall apply to the police department for an alcoholic beverage handling permit or have a valid servers permit issued from another law enforcement jurisdiction within Fayette County.
Article III continued… (b) It shall be unlawful for any licensed establishment to hire any person, or to permit any person to work or assist in any capacity to sell, serve, deliver, dispense or take orders for alcoholic beverages until such person has procured a city alcoholic beverage handling permit or have a valid servers permit issued from another law enforcement jurisdiction within Fayette County.
Article III continued… Who may NOT be issued an alcoholic beverage handling permit? (c) Alcoholic beverage handling permits shall not be issued to any person who has pled guilty to, or has been convicted of a violation of the provisions of this chapter, or any similar provisions from any other jurisdiction, or convicted of a violation of any offense related to the manufacture or sale of alcoholic beverages within the preceding two years. NOTE: This includes convictions for D. U. I. offenses for a period of two years. For the purpose of this section an indictment, plea of guilty, or a plea of nolo contendere shall constitute a violation.
Article III continued… (d) Alcoholic beverage handling permits shall not be issued to any person who has pled guilty more than once, or has been convicted more than once of any violation of the provisions of this chapter, or any similar provisions from any other jurisdiction or to a violation of any offense relating to the manufacture or sale of alcoholic beverages.
Article III continued… (e) Alcoholic beverage handling permits shall not be issued to any person who has pled guilty to or been convicted of, or entered a plea of nolo contendere to any misdemeanor or felony related to illegal gambling, soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, illegal drugs/narcotics, theft, crimes of violence, sexual offenses, or any other crime opposed to the decency, morality or public welfare (including identity and credit card fraud) within the preceding five years from the date of their application for a handling permit. Additionally, alcoholic beverage handling permits will not be issued to any person who is serving probation for a felony sentence involving any felony described above.
Article III continued… Relevant facts concerning alcoholic beverage handling permits: (g)(4) All alcoholic beverage handling permits are the sole exclusive property of the city police department. Destruction, theft, defacement, or detriment of identification shall be punishable as a felony under state law. (g)(5) It shall be unlawful for any person to alter, deface, or fraudulently reproduce a city alcoholic beverage handling permit. (g)(6) The permit issued under this section shall be issued only to eligible persons who are at least 18 years of age.
Article III continued… Wearing and display of the alcoholic beverage handling permit: (l) While on duty in any licensed establishment, every person required to possess an alcoholic beverage handling permit shall have their handling permit conspicuously displayed on their person and visible at all times. The person shall have the option of wearing the handling permit in a manner that only the first name and first letter of the last name (last initial) are displayed to the public. All permits issued under this section shall be made available for inspection upon the demand of any law enforcement officer employed by the city police department.
Article III continued… (m) In any prosecution for violation of subsection, it shall be presumed that the manager or employee did not have a permit unless the permit was displayed as required in the same subsection. (o) The penalty for violating any of the provisions of this section shall be a City Code violation (misdemeanor) punishable by a fine not to exceed $1, 000.
Article III continued… n Section 6 -126. Enforcement. (a) Police may conduct periodic enforcement checks of all licensed establishments. Such checks may include but not be limited to:
Article III continued… (1) (2) (3) (4) Surveillance by plainclothes and/or uniformed officers to confirm compliance with state law and city ordinance. Purchase of alcoholic beverages by a young adult (21 years of age or older) to determine if identification is being checked to confirm legal age. Administer to employees an on-the-spot written test of this chapter. Attempts purchase of alcoholic beverages by a minor (20 years of age or younger) to ensure compliance with state laws and city ordinances.
Article III continued… (b) Based on the results of the checks, the police chief may conclude that employees of the licensee are not following proper alcoholic beverage sales procedures to ensure compliance with the law and/or do not possess adequate knowledge of the law based on the results of the test administered by the police. When this is the case, the police chief shall ensure that a follow-up check is conducted within 30 days.
Article III continued… Who is responsible to ensure that holders of alcoholic beverage handling permits are properly trained? Section 6 -127, Subsection (i): It shall be the responsibility of the licensee or the license representative [of the establishment] to acquaint all employees engaged in the sale or service of alcoholic beverages with the requirements of this chapter and state law regulating the handling, selling, serving, delivering, dispensing or taking orders for alcoholic beverages.
Article III continued… n Section 6 -128. Alcoholic beverage handling permit revocation proceedings. (a) The omission or falsification of any material information in an application for a permit shall be a violation of this section and grounds for the denial, suspension or revocation of any such permit.
Article III continued… (b) The service or selling of alcoholic beverages to any person that the employee or agent knew or should have known to be in a state of intoxication is grounds for suspension or revocation of any such permit.
Article III continued… (c) The service or selling of alcoholic beverage to any person without requiring proof of age identification as required in this chapter is grounds for suspension or revocation of any such permit.
Article III continued… (d) The violation of any law, ordinance or regulation governing the operation of an establishment licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishment is grounds for suspension or revocation of any such permit.
Article III continued… (e) An employee excluded from being granted or maintaining a permit under these terms, or whose permit is revoked or suspended, shall have the right to appeal such decision as provided in Section 6 -127.
Article III continued… n The first citation automatically has a 6 -month probation for the license. n The 2 nd citation can result in a 7 -day revocation of the license plus another 6 -month probation period.