Sec. 6-91One-day license for charitable organizations

(a) Definitions.

(1) To qualify as a "charitable organization" as used herein, an organization must:

a. Either be incorporated as a nonprofit corporation, or must be formally organized, with a constitution and bylaws, and with a central governing body such as a board or trustees or directors to be directly responsible for the one-day license; and

b. Said organization must also have been granted approved tax exempt status by United States Internal Revenue Service.

(2) The term "charitable purposes" as used herein shall include the following: Relief or the indigent, medical research, provision of medical equipment, education, including youth education, historical preservation, preservation and encouragement of the fine arts; crime prevention and rehabilitation; libraries; zoos; scientific research and development; community development; industrial and commercial recruitment; and recreation.

(3) The term "proceeds" as used herein means the gross proceeds from the event in connection with which the license is issued after payment of all of the expenses of the event.

(b) License; fee. In addition to the other alcoholic beverage licenses provided for in this chapter, the city council may issue a consumption license valid for one day only to any charitable organization, authorizing the holder to dispense, at one location only, distilled spirits, alcoholic beverages, wines and malt beverages, by the drink for consumption only on the premises; provided, that:

(1) The proceeds from the event shall be used only for charitable purposes; and

(2) The city has permitted the event consistent with the event permit requirements of section 6-175 of this chapter; and

(3) No alcoholic beverages are sold at the event, i.e., open bar only as an emolument of the donation or fund raising ticket received by the charitable organization.

If alcoholic beverages are to be sold at the event, then this section shall not apply.

The provisions of section 6-75 of this chapter shall apply with respect to license fees.

(c) Application. Any charitable organization desiring to obtain a one-day alcoholic beverage license shall make application with sufficient evidence to satisfy the city council that the organization is a nonprofit charitable organization and that the proceeds will be used for charitable purposes. The organization shall designate one person who is a resident of the city who shall be responsible for the lawful and proper conduct of the alcoholic beverage license, giving the name, address and other information sufficient to identify such person.

(d) Excise tax not applicable. The excise tax imposed by article V of this chapter shall not be applicable to the one-day license inasmuch as the sale of alcoholic beverages is not involved.

(e) Final report. Within 30 days after the conclusion of the event, the license holder shall file a final report and accounting with the city council, said report and accounting to include a statement of the gross receipts, the amount of expenses paid, the net proceeds remaining, and how and to whom and for what purpose said net proceeds are to be distributed. Failure to comply with this reporting requirement shall make such charitable organization ineligible for the issuance of any subsequent license.

(f) Suspension or revocation. The city manager shall have the right at any time to suspend or revoke the one-day license on any ground which constitutes a ground for suspension or revocation of licenses generally under sections 6-86 and 6-87 of this chapter. Any aggrieved organization shall have the right of appeal to the city council.

(g) Applicability of chapter. Except as otherwise provided in this section, the remaining provisions of this chapter shall be applicable to the one-day license. The charitable organization and the responsible person identified pursuant to subsection (c) hereinabove shall be in charge and responsible for the event and shall be subject to the laws of the State of Georgia and the City of Ashburn with respect to any violation of any license or permit issued by the City of Ashburn.

(h) If a one-day alcoholic beverage license is issued following the full application review process involving the decision of city council, such qualified charitable organization may submit an application for an annual event renewal one-day alcoholic beverage license to the city manager or his designee who shall either grant such license or recommend denial. A staff recommendation to deny a renewal one-day alcoholic beverage license shall be reviewed and decided by city council.

History: (Ord. No. 2023-3, § I(Exh. A), 6-1-2023)