Sec. 6-200Sale off-premises for catering purposes

(a) Licensed alcoholic beverage caterer. An alcoholic beverages licensee that is also a food caterer may become a licensed alcoholic beverage caterer by meeting all of the following five requirements:

(1) Complying with all provisions of O.C.G.A. tit. 3, ch. 11 (sales off-premises for catered functions); and by

(2) Meeting the requirement that at least 50 percent of the gross income for such business comes from the sale of prepared foods as set forth in subsection 6-64(3)b. of this chapter; and by

(3) Applying for an off-premises catering license on the form prescribed by the city; and by

(4) Paying an annual fee to the city for such a license, with such fee being shown upon a schedule of fees maintained in the office of the finance director; and by

(5) Obtaining an event permit, as hereinafter defined and provided, for each and every such authorized catered function to which such alcoholic beverage caterer license shall be applicable.

A licensed alcoholic beverage caterer is eligible to sell or furnish only those types of alcoholic beverages as he can sell or furnish pursuant to his underlying alcoholic beverage license.

(b) An event permit, issued by the city manager or his designee, is required before an otherwise licensed alcoholic beverage caterer can sell or furnish alcoholic beverages off premises, i.e., at any location other than the licensed premises utilizing the underlying alcoholic beverage license. In order to obtain an event permit, the licensed alcoholic beverage caterer shall be required to submit a fully accurate and completed application on the form prescribed by the city which shall include the following information:

(1) Name of caterer;

(2) Date of event;

(3) Time (hours) of event;

(4) Location (address) of event;

(5) Host or sponsor of event;

(6) Estimated number of persons to attend the event that are of legal age;

(7) Estimated number of persons to attend the event that are not of legal age;

(8) Whether "open bar" or "cash bar" of alcoholic beverages at event;

(9) Estimated quantities of malt beverages, wine and/or distilled spirits (to extent authorized by license) to be served at event;

(10) Whether facility is private or public;

(11) Whether location is within 100 yards of a church or school building;

(12) A plat or sketch shall be submitted showing the service area where alcoholic beverages will be served indicating whether said area is within the building or in an open area;

(13) An event fee in an amount shown upon a schedule of fees, not to exceed the amount provided by state law, maintained in the office of the finance director shall be submitted along with the application;

(14) Comply with the reporting provisions of O.C.G.A. § 3-11-3;

(15) Provide security and parking enforcement plans and personnel as required by the city.

(c) An event permit cannot be obtained unless the event permit application referenced in subsection (b) hereinabove is accurately completed in full and submitted to the city manager or his designee at least 14 calendar days prior to the scheduled date of the event or function. Notwithstanding the foregoing, the city manager in his sole and sound discretion may issue an event permit within a shorter time frame if the event permit applicant has been previously approved and if the proposed event location has been previously approved.

(d) An event permit may be refused by the city manager or his designee for any one of the following reasons:

(1) Inadequate parking or enforcement personnel at the facility designated;

(2) Criminal record of host or caterer permit holder;

(3) Previous complaints on location or of applicant;

(4) Previous damage to facility by applicant or permit holder.

(e) The city reserves the right to define and/or restrict the service area for serving of alcoholic beverages.

(f) The city shall control the dispensing of alcohol in all of its facilities by requiring the use of a licensed alcoholic beverage caterer if alcohol is furnished at any such facility. Consistent with this article, alcohol may also be dispensed by a licensed alcoholic beverage caterer who has been issued an event permit at facilities of any local, state or federal public entity.

(g) Violation.

(1) It shall be unlawful for any food caterer or person to distribute or sell distilled spirits, malt beverages or wine off the premises of the food caterer's business without a license issued pursuant to this section.

(2) It shall be unlawful for any licensed alcoholic beverage caterer licensed under this section to distribute or sell distilled spirits, malt beverages or wine off-premises except in connection with an authorized catered function for which an event permit has been obtained.

History: (Ord. No. 2012-07, § 2(Exh. A), 12-6-2012)