§ 6-2. Definitions.  


Latest version.
  • 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 beverages means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine as defined in this section.

    Applicant means any one or more persons and the responsible officer or employee applying for a license in the county or renewal thereof.

    Application means those forms required by the county to be completed by persons applying for an original license or a renewal license under this chapter.

    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 no more than 14 percent alcohol by volume and including ale, porter, brown stout, lager beer, small beer and strong beer. The terms do not include sake, known as Japanese rice wine. The term "beer" is used interchangeably with "malt beverage."

    Brew pub means any eating establishment in which beer or malt beverages are manufactured, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36.

    Church means any place of permanent public religious worship. In addition to existing church facilities, a church shall be deemed to exist if a building permit therefor has been obtained and construction of the church has commenced or substantial materials, or supplies for its construction, have been moved to the site.

    County manager means the individual occupying the position of county manager of Greene County, Georgia, or his/her designee.

    Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume, including, but not limited to, all fortified wines.

    Eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of malt beverages sold to licensed wholesale dealers, as authorized pursuant to subparagraph (D) of paragraph (2) of O.C.G.A. § 3-5-36, or to the public for consumption off the premises, as authorized pursuant to subparagraph (D) of paragraph (2) and paragraph (4) of O.C.G.A. § 3-5-36, shall not be used.

    Fortified wine means any alcoholic beverage containing more than 24 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation, or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

    Growler means a large container made of either glass or plastic that may be considered as a bottle that is filled with beer from a keg by a licensee, or employee of a licensee, and sealed/capped for consumption off the premises. Each growler must be sanitized, may only be filled from kegs procured by the licensee from a duly licensed wholesaler and must be securely sealed before being removed from the premises in its original sealed condition.

    Hotel means every building or structure, or group of buildings or structures, including cottages or dwellings kept, used, maintained, advertised, and held out to the public in association with a place where food is actually served and consumed, sleeping accommodations are offered for adequate pay or other consideration to travelers and guests, and in association with one or more public dining rooms where meals are regularly served to such guests. Motels meeting the qualifications set out herein for hotels, shall be classified as hotels for the purpose of this chapter.

    Immediate family includes the spouses, parents, children, brothers and sisters, related by blood or marriage.

    License means the formal approval granted or issued by the county to a licensee for the sale of alcoholic beverages within the county.

    Licensee means the individual licensee and in the case of a partnership, corporation, private club, or nonprofit tax exempt organization, includes the partnership, corporation, private clubs, or nonprofit tax exempt organization and the named licensee.

    Outlet means the definite structure, whether a room, ship, store, building, restaurant, golf cart or other mobile device used for the purpose of serving alcoholic beverages on golf courses, tent, catering location or club and immediately adjacent premises in which activities permitted by this chapter are conducted.

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

    Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private or quasi-public.

    Premises means not only the location wherein an outlet for sale of alcoholic beverages is operated under a county license, but shall include all of the lot whereon said outlet is located, except where such outlet is located in a hotel, golf course or shopping center. The term "premises" also means the area immediately adjacent to the location where a catering license has been granted.

    Retail consumption dealer means any person who sells distilled spirits for consumption on the premises at retail, only to consumers and not for resale.

    Retailer or retail dealer means, except for 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. With respect to distilled spirits, the term "retailer" or "retail dealer" shall have the same meaning as the term "retail package liquor store."

    Retail package liquor store means a retail business establishment owned by an individual, partnership, corporation, association, or other business entity: (a) primarily engaged in the retail sale of distilled spirits, malt beverages, and wine in unbroken packages, not for consumption on the premises, except as authorized under this chapter; and (b) which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, malt beverages, and wine.

    Wholesaler or wholesale dealer means 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 24 percent alcohol by volume, made from fruits, berries, or grapes, either by fermentation, or natural fermentation with brandy added. The term "wine" includes, but is not limited to, all sparkling wines, champagnes, 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 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 this definition of wine.

    Zoning means the zoning classifications as approved for the unincorporated areas of the county.

(Ord. of 6-22-2016, Exh. A)