Chapters:
5.04 Business
Licenses and Occupation Taxes Generally
5.08 General
Provisions
5.12 Alcoholic
Beverages
5.16 Cable
Television System
5.20 Depository
Financial Institutions
5.24 Insurance
Companies
5.28 Vehicles
For Hire
5.32 Other
Businesses
5.36 Pawnbrokers
Sections:
5.04.010 Occupation tax required.
5.04.020 Purpose and scope of occupation tax.
5.04.030 Construction of terms—Definitions.
5.04.040 Occupation tax levied.
5.04.050 Number of businesses considered to be operating in the city.
5.04.060 Professionals as classified in O.C.G.A. Section 48-13-9(c), paragraphs 1-18.
5.04.070 Exemption for practitioners practicing exclusively for a government.
5.04.080 Payment of occupation tax—Effect of delinquency.
5.04.090 Temporary business establishments.
For the year 1995 and succeeding years thereafter, each person engaged in a business, trade, occupation or profession within the city limits of the city, shall pay an occupation tax for such business, trade, profession or occupation and shall furnish upon request of the city manager or his designee proof of current payment of said tax in the form of an annual receipt therefor issued by the city. (Prior code § 13-1)
The occupation tax levied under this chapter is for revenue purposes only and is not for regulatory purposes, nor is the payment of the tax made a condition precedent to the practice of any profession or engaging in any occupation. The occupation tax only applies to those businesses and occupations which are covered by the provisions of O.C.G.A. Sections 48-13-5 through 48-13-26. Any other businesses or occupations shall be taxed by the city pursuant to this Title and/or any other pertinent general or local law or ordinance. (Prior code § 13-2)
As used in this chapter:
“Administrative fees” means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax.
“Employee” means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual’s compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2, but not a form I.R.S. 1099.
“Location” or “office” includes any structure or vehicle where a business, profession or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery of a business or practitioner of a profession or occupation which had a location or office.
“Occupation tax” means a tax levied on persons, partnerships, corporations or other entities for engaging in an occupation, profession or business for revenue raising purposes.
“Person” includes sole proprietors, corporations, partnerships, nonprofit organizations or any other form of business organization or entity.
“Practitioner of profession” or “occupation” means a person who by Georgia law requires state licensure regulating such profession or occupation, but shall not include a practitioner who is an employee of a business which pays an occupation tax. (Prior code § 13-3)
A. An occupation tax shall be levied upon each business and practitioner of a profession or occupation (except those exempted by Georgia law) with one or more offices or locations in the city based upon the maximum number of employees of the business or practitioner during the thirty (30) days next preceding December first of each year.
B. The tax rate for such occupation tax shall be as follows and may be adjusted annually by amendment of this section; provided, however, that the city council shall conduct at least one public hearing before adopting any ordinance or resolution regarding occupation tax:
|
Number of employees |
Tax liability |
|
0—4 |
$100.00 |
|
5—20 |
$20.00 per employee |
|
21—75 |
$420.00 plus $15.00 for
each employee in excess of 20 |
|
76—175 |
$1,245.00 plus $13.00 for
each employee in excess of 75 |
|
Over 175 |
$2,545.00 plus $9.00 for
each employee over 175 |
C.1. No business or practitioner shall be required to pay more than one occupation tax for each of its locations.
2. No occupation tax shall be required from those real estate brokers, real estate agents, or real estate companies whose offices are located outside the city and who sell property located inside the city.
D. The number of employees of the business or practitioner shall be computed on a fulltime position basis or fulltime position equivalent basis, provided that for the purposes of this computation an employee who works forty (40) hours or more weekly shall be considered a fulltime employee and that the average weekly hours of employees who work less than forty (40) hours weekly shall be added and such sum shall be divided by forty (40) to produce fulltime position equivalents. (Prior code § 13-4)
Where a person conducts business in more than one fixed location, each such location shall be considered a separate business for the purposes of this chapter.
The occupation tax provided in Section 5.04.040 of this chapter shall be levied, assessed and collected on those businesses and practitioners of professions and occupations with no location or office in the state of Georgia if the business or practitioner:
1. Has one or more employees or agents who exert substantial efforts within the corporate limits of the city for the purpose of soliciting business or serving customers or clients; or
2. Owns personal or real property which generates income and which is located within the corporate limits of the city. (Prior code § 13-5)
A. Practitioners of professions as described in O.C.G.A. Section 48-13-9(c)(1) through (20) shall elect as their entire occupation tax one of the following:
1. The occupation tax based on number of employees as set forth in section 5.04.040 of this chapter.
2. A tax of one hundred dollars ($100.00) per practitioner who is licensed as such by the state of Georgia. The tax under this option shall apply to each practitioner maintaining an office or location in the city.
B. This election shall be made annually by the practitioner and reported in writing to the city by December first of each year. Any practitioner failing to report such election shall be deemed to have elected the occupation tax based on number of employees as set forth in Section 5.04.040 of this chapter. (Prior code § 13-6)
Any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state of Georgia, or any political subdivision or instrumentality of either of them shall not be required to pay the occupation tax levied under this chapter. (Prior code § 13-7)
A. The occupation tax shall be payable January first of each year and shall, if not paid by January thirty-first of each year, be subject to penalties for delinquency as hereinafter prescribed. The tax on any new profession, business or occupation begun in the city shall be based upon the good faith written estimate by the practitioner, owner, proprietor, manager or executive officer of such profession, business or occupation of the maximum number of employees from its commencement date to the end of the calendar year of commencement, and the prorated amount of such tax shall be delinquent if not paid within the thirty (30) days next following the commencement of such profession, business or occupation. Failure of any person liable therefor under this article to timely pay the occupation tax shall constitute an offense which, upon conviction thereof in the municipal court of the city, shall subject the offender to punishment as provided in Section 1.12.010 of this code.
B. In addition to the foregoing remedy, delinquent occupation taxes may be collected by the issuance and enforcement of executions in accordance with the provisions of Section 14 of the City Charter, as the same may be amended from time to time. Delinquent taxes shall carry interest and penalty as provided in O.C.G.A. Sections 48-2-40 and 48-13-21, respectively, as the same may be amended from time to time. (Prior code § 13-8)
No person shall be permitted to erect upon the public common of said city any tent, booth, or other place of business without the authority and written consent of the governing body. (Prior code § 14-35)
Sections:
5.08.010 Purpose of chapter.
5.08.020 Definitions.
5.08.030 Adult entertainment establishment regulations.
5.08.040 Certain activities prohibited.
5.08.050 License required.
5.08.060 Admission of minors unlawful.
5.08.070 Location.
5.08.080 Adult entertainment establishment employees.
5.08.090 Application for license
5.08.100 Application investigation.
5.08.110 Persons prohibited as licensees.
5.08.120 License refusal—Appeal.
5.08.130 Procedure for appeal.
5.08.140 License renewal.
5.08.150 Change of location or name.
5.08.170 Violations—Penalty.
5.08.180 Unlawful operation declared nuisance.
The purpose of this chapter is to regulate adult entertainment establishments so that criminal behavior, depressed property values and increased expenditures for law enforcement, which in common human experience have accompanied the operation of such establishments, may be avoided or controlled. It is recognized that such regulation cannot amount to total suppression of a constitutionally protected form of expression. This chapter is intended as a balancing of competing interests; control of criminal behavior and protection of neighborhoods through the regulation of adult entertainment establishments versus the rights of adult entertainment establishments and their patrons to freedom of expression. (Prior code § 14-63)
The following terms used in this chapter defining adult entertainment establishments shall have the meanings indicated below:
“Adult bookstore” means an establishment having a substantial or significant portion of its stock in trade as books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent or more of its total floor space, devoted to the sale or display of such materials or five percent or more of its net sales consisting of printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
“Adult entertainment establishment” means an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult video store, adult hotel or motel, adult motion picture arcade, cabaret, encounter center, escort bureau, adult business, adult dancing establishment or erotic dancing establishment.
“Adult mini-motion picture theater” means an enclosed building with a capacity of less than fifty (50) persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
“Adult motion picture arcade” means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
“Adult motion picture theater” means an enclosed building with a capacity of fifty (50) or more persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
“Adult video store” means an establishment having a substantial or significant portion of its stock in trade video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent or more of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
“Erotic dance establishment” means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
“Escort bureau” or “introduction service” means any person, firm, corporation or other entity which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or which introduces, furnishes, or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place or public resort or within any private quarters.
“Good Moral Character.” A person is of good moral character according to this chapter if that person has not been convicted of a felony, or any crime not a felony if it involves moral turpitude, in the past five years. “Conviction” as used herein includes pleas of nolo contendere or bond forfeiture when charged with such crime.
“Minor” means for the purposes of this chapter, any person who has not attained the age of eighteen (18) years.
“Specified anatomical areas” include any of the following:
1. Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means and includes any of the following:
1. Actual or simulated sexual intercourse, masturbation, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation, torture or other infliction of pain in the context of a sexual relationship, or the use of human excretory functions in the context of a sexual relationship; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Fondling or touching of clothed or unclothed human pubic region, buttocks or female breast; or
4. Erotic or lewd touching, fondling or other sexual contact with an animal by a human being. (Prior code § 14-64)
A. No person, firm, corporation or other entity shall advertise or cause to be advertised an adult entertainment establishment without a valid adult entertainment establishment license issued pursuant to this chapter.
B. No later than March first of each year, an adult entertainment establishment licensee shall file a verified report with the Covington police department showing the licensee’s gross receipts and amounts paid to dancers for the preceding calendar year.
C. An adult entertainment establishment licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers.
D. No adult entertainment establishment licensee shall employ or contract with, as a dancer, a minor or a person not licensed pursuant to this chapter.
E. No minor shall be admitted to an adult entertainment establishment.
F. An erotic dance establishment may be open between the hours of eight a.m. and two a.m. Monday through Friday, and Saturday from eight a.m. through two fifty five a.m. on Sunday.
G. No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverage or controlled substance upon the premises of the licensee.
H. An adult entertainment establishment licensee shall conspicuously display all licenses required by this chapter.
I. All dancing in an erotic dancing establishment shall occur on a platform intended for that purpose which is raised at least eighteen (18) inches from the level of the floor.
J. No dancing in an erotic dancing establishment shall occur closer than four feet to any other person.
K. No dancer in an erotic dancing establishment shall fondle or caress any other person, and no other person shall fondle or caress such dancer.
L. No patron shall directly pay or give any gratuity to any dancer in an erotic dancing establishment.
M. No dancer shall solicit any pay or gratuity from any patron in an erotic dancing establishment.
N. All areas of an adult entertainment establishment licensed under this article shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to three and five-tenths foot-candles per square foot.
O. If any portion or subparagraph of this section or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this section or application to other persons or circumstances shall not be affected. (Prior code § 14-65)
No person, firm, corporation or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person’s genitals, pubic area or buttocks in a lewd and obscene fashion. (Prior code § 14-66)
It is unlawful for any person, firm, corporation or other entity to engage in, conduct or carry on in or upon any premises within the city any of the adult entertainment activities or enterprises defined in this chapter without a current valid license to do so. No license so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the state of Georgia or the United States. (Prior code § 14-67)
It is unlawful for an adult entertainment establishment licensee to admit or permit the admission of minors within the premises of such establishment. (Prior code § 14-68)
A. No adult entertainment establishment shall be located in any zoning district except M2, nor:
1. Within five hundred (500) feet of any parcel of land which is either zoned or used for residential purposes;
2. Within one thousand (1,000) feet of any parcel of land upon which a church, school, government building, library, civic center, public park or playground is located;
3. Within one thousand (1,000) feet of any parcel of land upon which another adult entertainment establishment is located;
4. Within one thousand (1,000) feet of any parcel of land upon which any other establishment selling alcoholic beverages is located;
5. On any parcel of land containing less than one acre;
6. On any parcel of land with less than one hundred (100) feet of public road frontage.
B. For the purposes of this section, distance shall be by measurement in a straight line from property line, using the closest property lines of the parcels of land involved. The term “parcel of land” means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit. (Ord. dated 3/5/07 § 1; prior code § 14-69)
A. Qualifications. Employees of an adult entertainment establishment shall be not less than eighteen (18) years of age. Every employee must be of good moral character as defined in this chapter. No employee who is convicted of a crime constituting a felony or a crime not a felony involving moral turpitude while employed in an adult entertainment establishment shall work on any premises of an adult entertainment establishment for a period of five years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term “convicted” shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with such crime. The terms “employed in an adult entertainment establishment” and “work on any premises of an adult entertainment establishment” shall be deemed to include work done or services performed while in the scope of employment elsewhere than on the licensed premises of an adult entertainment establishment.
B. Approval for Employment. Before any person may work in an adult entertainment establishment he shall file a notice with the chief of police of his or her intended employment on forms supplied by the city including, but not limited to, a color photograph of the applicant taken not sooner than one year preceding the application date, and shall receive written approval for such employment from the chief of police. The prospective employee shall supply such information as the chief of police may require, including a set of fingerprints, on regular city or United States Department of Justice forms. If approval is denied, the prospective employee may within ten (10) days of said denial, apply to the city manager for a hearing. The decision of the city manager after hearing may be appealed to the city council which may issue such order as is proper in the premises. An investigation fee of fifty dollars ($50.00) shall accompany the notice of intended employment.
C. Suspension or Revocation of Employment Approval. Violation of the provisions of this chapter, the code of the city or the laws and regulations of the state of Georgia shall at the discretion of a court of competent jurisdiction subject an employee to mandatory suspension or revocation of the said approval for such employment.
D. Independent Contractors. For the purpose of this chapter, independent contractors performing services for an adult entertainment establishment shall be considered as employees and shall be as employees, pursuant to this section, regardless of the business relationship with the owner or licensee of any adult entertainment establishment. (Prior code § 14-70)
A. Any person, firm, corporation or other entity desiring to obtain a license to operate, engage in, conduct or carry on an adult entertainment establishment within the city shall make application in person to the city manager or his designated representative. Prior to submitting such application, a nonrefundable fee, established by resolution of the city council, shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt or a copy thereof shall be supplied to the city manager at the time such application is submitted.
B. Such application shall contain the following information:
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. The previous addresses of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates of the residence at each.
4. Acceptable written proof that the applicant is at least eighteen (18) years of age.
5. The applicant’s height, weight, color of eyes and hair and date and place of birth.
6. Two photographs of the applicant at least two inches by two inches taken within six months preceding the application filing date.
7. Business, occupation or employment history of the applicant, including all members, partners, officers, directors or shareholders holding more than five percent of the shares of stock of any corporate applicant.
8. The business license history of the applicant and a statement as to whether such applicant has ever had a license or permit for an adult entertainment establishment revoked or suspended, the reason therefor, and the applicant’s business activity or occupation subsequent to such action of suspension or revocation.
9. All convictions of violations of law, including ordinance violations, exclusive of traffic violations, stating the date, place and current status of any such conviction.
10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of, incorporation or charter, together with the place and date of incorporation, and the names, addresses and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed in the appropriate jurisdiction. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged.
11. The names and address of the owner of the real property upon which the business is to be conducted and a copy of any applicable lease or rental agreement.
12. Such other identification and information as the Covington police department may require in order to discover the truth of the matters hereinbefore specified to be set forth in the application.
13. If the applicant, any partners or any of the officers, directors or stockholders holding more than five percent of the outstanding shares of any corporate applicant, have ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the five years immediately preceding the filing date of the application, a complete description of any such crime, including date of violation, date of conviction, jurisdiction and any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed.
14. An individual applicant or responsible managing officer shall furnish a set of his fingerprints on regular city or United States Department of Justice forms.
15. If the applicant does business under a trade name, a copy of the trade name registration.
16. If the applicant is a foreign corporation, a copy of its certificate of authority to do business in Georgia. If the applicant is a domestic corporation, a copy of its articles of incorporation and its most recent annual registration with the Georgia Secretary of State.
17. At least three character references from individuals who are in no way related to the applicant or individual partners or shareholders, officers or directors of any corporate applicant and who will not benefit financially in any way from the application if the license is granted and who have not been convicted of any felony or any violation not a felony involving moral turpitude in the five years immediately preceding the filing date of the application. The city shall furnish forms consistent with the provisions of this subsection for the applicant, who shall submit all character references on such forms.
18. Address of the premises to be licensed.
19. A plat by a Georgia registered land surveyor showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, its proximity to any church, school, public park, governmental building or site of other business required to be regulated under this chapter.
20. Each application for an adult entertainment establishment permit shall be verified and acknowledged under oath to be true and correct by:
a. If the applicant is an individual, the individual;
b. If by a partnership, by the manager or general partner;
c. If a corporation, by the president of the corporation;
d. If any other entity, by its chief executive officer.
21. Such other information as may be deemed necessary or desirable by the city manager to ensure the health, safety and welfare of the residents of the city or the preservation of its neighborhoods. (Prior code § 14-71)
The city manager shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the city manager shall grant the permit if he finds that:
A. The required fee has been paid;
B. The application conforms in all respects to the provisions of this chapter;
C. The applicant has not knowingly made a material misrepresentation in the application;
D. The applicant has fully cooperated in the investigation of his application;
E. The applicant, if an individual, or any of the officers, directors or stockholders of a corporation applicant, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted of a felony or other offense involving moral turpitude;
F. The applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause by the city or any other jurisdiction, wherever located, prior to the date of application;
G. The building, structure, equipment or location of such business as proposed by the applicant would comply with this article and all other applicable laws and ordinances, including but not limited to health, zoning, distance, fire and safety requirements and standards;
H. The applicant is at least twenty-one (21) years of age;
I. Neither the applicant, nor any former or present employee, agent, partner, director, officer, stockholder or manager of the applicant has within five years of the date of the application, knowingly allowed or permitted any of the specified sexual activities as defined herein to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located or has allowed such premises to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur;
J. On the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;
K. The grant of such license will not cause a violation of this article or any other ordinance or regulation of the city, the state of Georgia or the United States. (Prior code § 14-72)
No license provided for by this chapter shall be issued to or held by:
A. An applicant who has not paid all required fees and taxes, including ad valorem taxes, due for a business at that location;
B. Any person who is not of good moral character;
C. Any corporation, any of whose officers, directors or stockholders holding over five percent of the outstanding issued shares of capital stock are not of good moral character;
D. Any partnership or association, any of whose officers or members holding more than five percent interest therein are not of good moral character;
E. Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character;
F. Any applicant who is otherwise not qualified to hold and conduct a business according to the, laws of the United States, the state of Georgia or the city of Covington. (Prior code § 14-73)
If the city manager, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, he shall notify the city clerk of such opinion and, within thirty (30) days of the date of application, provide copies of the investigation report to the city clerk. The city clerk shall, within ten (10) days thereafter, notify the applicant by certified mail of such denial. Any applicant who is denied a license may appeal such denial to the city council. (Prior code § 14-74)
A. The licensee may, within ten (10) days after he has been notified of an adverse determination, submit a notice of appeal to the city clerk.
B. The notice of appeal shall be addressed to the city council and shall specify the subject matter of the appeal, the date of any original and amended license application, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the city council and the name and address of the applicant.
C. The clerk shall place the appeal on the agenda of the next regular city council meeting occurring not less than five nor more than thirty (30) days after receipt of the application for city council review.
D. At said meeting or appropriate adjournment thereof the city council shall receive all relevant testimony and evidence from the licensee, from interested parties and from the appropriate city officials. The city council may sustain, overrule or modify the action complained of, and the action of the city council shall be final. Further appeal to the Superior Court of Newton County shall be as provided by Georgia law.
E. The city council shall not be bound by the traditional rules of evidence in hearings conducted under this chapter. (Prior code § 14-75)
Licenses for adult entertainment establishments may be renewed on a year-to-year basis, provided the licensee continues to meet the requirements set out in this chapter. The renewal fees for the adult entertainment establishment licenses shall be established by resolution of the city council. (Prior code § 14-76)
No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person, firm, corporation or other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be null and void; provided and excepting, however, that if the licensee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license, and in such case the license, upon notification to the city, shall be placed in the name of the surviving partner. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license or any stock authorized but not issued at the time of the granting of a permit is thereafter issued and sold, transferred or assigned. (Prior code § 14-77)
No adult entertainment establishment shall move from the location specified on its license until a change of location fee, established by resolution of the city council, has been deposited with the city clerk and approval has been obtained from the city manager and the city zoning official. Such approval shall not be given unless all requirements and regulations contained in this chapter and the zoning ordinance and regulations of the city have been met.
B. No licensee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than the name of the licensee as specified on the applicable license.
C. Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require an inspection by the city zoning official or his designee and shall comply with the provisions and regulations of this chapter. (Prior code § 14-78)
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, punishable as provided in Section 1.12.010 of this code. In addition to such punishment, violation of this chapter shall also be grounds for immediate suspension or revocation of any license issued hereunder. (Prior code § 14-79)
Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is further declared to be a public nuisance. The city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for abatement, removal or enjoinment of such public nuisance in the manner provided by law. It may also initiate such other action in a court of competent jurisdiction as may be necessary to restrain and enjoin any person from operating, conducting or maintaining an adult entertainment establishment contrary to the provisions of this chapter. (Prior code § 14-80)
Article 1
Malt Beverages and Vinous Liquors
Sections:
5.12.010 Malt beverage, vinous liquors and wholesale license issued subject to chapter provisions.
5.12.020 Qualifications for retail licenses for off-premises consumption.
5.12.030 Qualifications for wholesale licenses.
5.12.040 Application for license—Nontransferability—Chapter provisions provided to, sworn to by, applicant—Revocation—Legend.
5.12.050 Application for license—Location of business.
5.12.060 License fees.
5.12.070 License—Duration of approval of application—Forfeiture for nonuse.
5.12.080 Taxes.
5.12.090 Grounds for suspension or revocation—Notice—Hearing—Action upon suspension or revocation.
5.12.100 Hours and days of operation.
5.12.110 Acts constituting violation—Seizure and destruction of contraband—Penalty.
5.12.120 Miscellaneous additional regulations.
5.12.130 Enforcement.
5.12.140 Completion of proposed licensed premises.
Article 2
Spirituous Liquors
Sections:
5.12.150 Licensing.
5.12.160 Compliance with article required.
5.12.170 License required for manufacture and sale.
5.12.180 Application—Form—Content—Process.
5.12.190 Issuance of licenses limited to designated area.
5.12.200 Residence requirements.
5.12.210 Qualifications for licenses.
5.12.220 City official, city employee prohibited from interest in license.
5.12.230 Distance from schools and churches.
5.12.240 Completion of proposed licensed premises.
5.12.250 Payment of license fees—Amount—License for each location—Penalty.
5.12.260 License constitutes grant or privilege.
5.12.270 Grounds for suspension or revocation—Notice—Hearing—Fund.
5.12.280 Automatic revocation of city license upon revocation of state license.
5.12.290 False information in application.
5.12.300 Restrictions upon transfers.
5.12.310 Hours of operation.
5.12.320 Sale or delivery to unlicensed premises.
5.12.330 Coin operated devices, similar machines prohibited on licensed premises.
5.12.340 Misrepresentation of age by minors.
5.12.350 Allowing minors on licensed premises.
5.12.360 Consumption prohibited.
5.12.370 Drive-in window or curb service prohibited.
5.12.380 Excise tax—Levy, amount, payment—Duties of dealers and wholesalers.
5.12.390 Requirements of wholesalers generally.
5.12.400 Retailers to purchase from licensed wholesalers only.
5.12.410 Regulations governing retail storage.
5.12.420 Invoices.
5.12.430 Responsibility for employees.
5.12.440 Revocation or suspension of license.
5.12.450 Production of records.
5.12.460 Enforcement.
5.12.470 Incorporation of state law.
5.12.480 Copy of article.
Article 3
On-Premises Consumption
of Alcoholic Beverages
Sections:
5.12.490 Scope of article.
5.12.500 Definitions.
5.12.510 Compliance with article required.
5.12.520 License required and procedure.
5.12.530 Licensee qualifications.
5.12.540 Building premises.
5.12.550 Location and additional building premises requirements.
5.12.560 Sales on-premises and for consumption on-premises only.
5.12.570 Limitations on sales and consumption of alcoholic beverages.
5.12.580 Reporting requirements for restaurants.
5.12.590 Payment of license fee.
5.12.600 Transfer of lien.
5.12.610 Purchase of liquor.
5.12.620 Excise tax, levy, amount, payment, penalty.
5.12.630 Suspension and revocation of licenses, grounds therefor and procedures.
5.12.640 Misrepresentation by licensee.
5.12.650 Prohibited devices and activities on licensed premises.
5.12.660 Misrepresenting quantity, quality, brand names—Empty bottles to be broken.
5.12.670 Employment of certain persons prohibited.
5.12.680 Attire of employees of licensee.
5.12.690 Misrepresentation of age.
5.12.700 Production of records.
5.12.710 Enforcement.
5.12.720 Incorporation of state law and maintenance of copy of article.
5.12.730 Sales without license prohibited.
Subject to the provisions of this chapter, the city will issue retail licenses for the sale of malt beverages and vinous liquors for off-premises consumption, sale of malt beverages and vinous liquor for on-premises consumption, and wholesale licenses for the distribution of malt beverages and vinous liquors, within the corporate limits of said city. (Prior code § 4-1)
Retail licenses shall be issued only to applicants who meet the following qualifications:
A. The applicant must be at least twenty-one (21) years of age and of good moral character, as defined in Section 5.08.020 of this title.
B. The applicant must not have been convicted of any felony or of any violation of the laws of this state, or any other state, relating to the sale of malt beverages, or vinous liquors or alcoholic liquors.
C. The applicant shall be active in, and solely responsible for, the management and operation of the business for which the license is granted.
D. The applicant shall make a sworn statement of his qualifications as herein provided and shall place the same on file with the city clerk at the time of application.
E. If the applicant is a partnership, all members of the partnership must meet these requirements and make sworn statements of their qualifications.
F. If the applicant is a corporation, the manager must meet the requirements of subsections A, B and D of this section; the corporation must meet the requirements of subsection C of this section and all officers and directors of the corporation must be of good moral character and must meet the requirements of subsection B of this section and a person authorized to do so must make a sworn statement that the corporation, its officers and directors, meet these requirements. (Ord. dated 10/1/01 § 3; prior code § 4-2)
Wholesale licenses shall be issued only to those applicants who are licensed by the state of Georgia to sell and distribute malt beverages and/or vinous liquors at wholesale. Application shall be made with the city clerk, and the applicant shall present evidence to show that all laws and regulations pertaining to such activities in this city are understood by the applicant. (Prior code § 4-4)
A. All applications for retail and wholesale licenses shall be presented to the mayor and council for approval, and if approved, the licenses shall be issued by the city clerk upon the payment of the required fee.
B. It shall not be necessary for any such licensee to make application for the renewal of an existing license; provided, however, that when there is any change in the ownership of the business for which the license is issued, it shall be necessary for the licensee to comply with all the provisions of this chapter.
C. The retail and wholesale licenses issued under the provisions hereof are not transferable.
D. A copy of this chapter shall be given to each applicant for a retail or wholesale license hereunder; and each such applicant shall state under oath at the time of application that all provisions hereof have been read and are understood, and that the applicant has read and understands all other laws applicable hereto.
E. A license issued hereunder shall convey no property right, but merely the privilege of carrying on the business for which the license is granted, subject to the terms and conditions imposed by this chapter and any future ordinance of this city. All such licenses shall be subject to revocation or suspension by the mayor and council of the city as hereinafter provided. In case of revocation, the licensee shall not be entitled to a return of the unearned license fee. All such licenses shall have printed on the front thereof these words:
This license is a mere privilege, subject to be revoked, or suspended by the mayor and council of the city of Covington, Georgia.
F. At the time the application for any license hereunder is presented to the city clerk, the city clerk shall give notice to the applicant of the date on which consideration of the application will be made by the city council. The city clerk shall then give notice of the making of such an application by advertisement at least once a week for two consecutive weeks prior to the date of hearing on such application in the newspaper published within the city on which legal advertisements of the city are published, which notice shall contain a complete description of the location of the proposed business and shall give the name of the applicant, and if a partnership, the name of all partners, whether limited or general, and if a corporation, the names of the officers and all stockholders therein, and the date and time the mayor and council will consider such application.
G. Upon the filing of application for the retail sale of malt beverages and vinous liquors with the city clerk of the city, the applicant shall deposit in cash a processing fee of fifty dollars ($50.00) to cover the expense of investigation and processing the application, which fee shall not be refundable.
H. Written notice of the city council’s decision on the application, with the reasons therefor stated, shall be mailed or delivered to the applicant within ten (10) days following such decision.
I. Any applicant aggrieved by the decision of the city council shall, upon written request delivered to the city clerk within thirty (30) days following the applicant’s receipt of the aforesaid notice, be afforded a hearing before the city council within thirty (30) days of delivery of such request, with an opportunity to present evidence and cross-examine opposing witnesses. (Prior code § 4-5)
All applicants for retail licenses under this article shall show the location of the business for which the license is applied. The mayor and council shall consider such location, with special consideration being given to the proximity of such location to churches, schools, libraries and parks; and each such retail license issued shall be for the sale of malt beverages and/or vinous liquors only at the address shown in the application, and at no other location. As used in this section, the term “churches” mean entire buildings or structures used primarily as places of public worship, irrespective of the denomination of the worshipers. (Ord. dated 12/19/05 § 1)
A. Each applicant for a retail license for off-premises consumption shall pay to the city clerk at the time the license is issued the sum of one hundred dollars ($100.00) as an annual license fee for one year, commencing on the first day of January and terminating on the thirty-first day of December of each year.
B. Each applicant for a retail license for on-premises consumption shall pay to the city clerk at the time the license is issued the sum of five hundred dollars ($500.00) as an annual license fee for one year, commencing on the first day of January and terminating on the thirty-first day of December of each year.
C. Each applicant for a wholesale license shall pay to the city clerk at the time the license is issued the sum of one hundred dollars ($100.00) as an annual license fee for one year, commencing on the first day of January and terminating on the thirty-first day of December of each year.
D. No license shall be issued for less than a calendar year period, or the remainder thereof, and in case of the revocation or surrender of such license before the expiration of such calendar year period, the holder thereof shall not be entitled to receive any refund whatsoever. (Prior code § 4-7)
A. All licenses must be obtained and fees paid not later than two weeks from the date of the approval of the application by the mayor and council, and if not so obtained, the permit shall be void.
B. Any holder of a license hereunder who shall begin the operation of the business and sale of the product or products as authorized in the license, but who shall, for a period of nine consecutive months thereafter, cease to operate the business and sale of the product or products authorized in the license shall, upon completion of the nine-month period, automatically forfeit his license, which license shall, by virtue of such failure to operate, be cancelled without the necessity of any further council. (Prior code § 4-8)
A. Malt Beverages.
1. Except as provided in subsection (A)(2) of this section, there shall be levied and imposed on each wholesale dealer selling malt beverages within the city, an excise tax in the amount of .4166 cents per ounce of malt beverages sold by such wholesale dealer within the corporate limits of the city.
2. All malt beverages sold in or from a barrel or bulk container and being commonly known as tap or draught beer shall not be subject to the excise tax provided for in subsection (A)(1) of this section, but in lieu thereof, there is imposed upon each wholesale dealer, selling such malt beverages within the corporate limits of the city an excise tax of six dollars for each barrel or bulk container having a capacity of fifteen and one-half (15 1/2) gallons sold by such wholesale dealer within the city and at a like rate for fractional parts or multiples thereof.
3. Each wholesale dealer who has sold malt beverages within the city shall file a report on the tenth day of each month, itemizing for the preceding calendar month the exact quantities of all malt beverages by size and type of container for the month sold within the city. Each wholesale dealer shall remit to the city on the tenth day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this chapter.
4. No decal, stamp or other identifying markings shall be required on malt beverages sold within the city.
5. The excise tax as provided for in this section shall be in addition to any license fee, tax or charge which may now or in the future be imposed upon the business of selling malt beverages at retail or wholesale within the corporate limits of the city.
6. The failure to make a timely report and remittance shall render a wholesale dealer liable for a penalty equal to fifteen (15) percent of the total amount due during the first thirty (30) day period following the date such report and remittance were due and a further penalty of fifteen (15) percent of the amount of such remittance for each successive thirty (30) day period or any portion thereof during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable for a penalty equal to fifty (50) percent of the amount of the remittance which would be required under an accurate and truthful report.
Such failure to make a timely report or remittance or the filing of a false or fraudulent report shall also constitute grounds for the revocation of the business license issued by the city to the wholesale dealer.
B. Vinous Liquors.
1. There is levied and imposed upon each wholesale dealer selling vinous liquors within the city an excise tax in the amount of sixty (60) cents per gallon on each gallon or fraction or multiple thereof, sold by such wholesale dealer within the corporate limits of the city.
2. Each wholesale dealer who has sold vinous liquors within the city shall file a report on the tenth day of each calendar month, itemizing for the preceding calendar month the exact quantities of all vinous liquors by size and type of container for the month sold within the city. Each wholesale dealer shall then remit to the city on the tenth day of the month next preceding the calendar month in which such sales were made the amount of excise tax due in accordance with this section.
3. No decal, stamp, or other identifying marking shall be required on vinous liquors sold within the city.
4. The excise tax provided for in this section shall be in addition to any license tax, license fee, or other charges which may now or in the future be imposed upon the business of selling vinous liquors at retail or wholesale, within the corporate limits of the city.
5. Failure to make a timely report and remittance shall render a wholesale dealer liable for penalty equal to a fifteen (15) percent of the total amount due during the first thirty (30) day period following the date such report and remittance were due, and the further penalty of fifteen (15) percent of the amount of such remittance for each successive thirty (30) day period or any portion thereof during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable in an amount equal to fifty (50) percent of the amount of the remittance which would be required under an accurate and truthful report. Such failure to make a timely report shall also constitute grounds for revocation of the business license issued by the city to the wholesaler. (Prior code § 4-9)
A. No license which has been issued or which may hereafter be issued by the city to any licensee hereunder shall be suspended or revoked, except for due cause as hereinafter defined, and after a hearing and upon a prior five day written notice to the holder of such license of the time, place and purpose of such hearing and a statement of the charge upon which such hearing shall be held.
B. Due cause for the suspension or revocation of such license shall consist of the violation of any laws or ordinances regulating such businesses, or violation of regulations made pursuant to authority granted for the purpose of regulating such businesses, or for the violation of any state or federal law, or for the violation of any city ordinances other than the traffic ordinances.
C. Violation of any of the provisions of this chapter by the holder of a license hereunder shall subject the holder of such license to revocation of said license, as provided herein.
D. When any license for selling alcoholic beverages is revoked, all signs indicating that such beverage may be sold or purchased shall be removed from the place of business, both outside and inside. Upon receipt by the police department of notice of such revocation, the police department shall take the necessary steps to see that this section is enforced.
E. In the event the city council of Covington revokes or suspends any license for the retail sale of malt beverages and/or vinous liquors granted under this chapter, no new license under this chapter shall be granted by the city for the sale of malt beverages and/or vinous liquors for the period of six months after the date of revocation or suspension, at the same location. (Prior code § 4-10)
A. The hours of operation of retail licensees for the sale of malt beverages and/or vinous liquors for off-premises consumption shall be between the hours of seven a.m. and eleven-thirty p.m.
B. The hours of operation of retail licensees for the sale of malt beverages and/or vinous liquors for on-premises consumption shall be between the hours of eight a.m. and twelve forty-five a.m. No licensee shall sell, give away or otherwise dispense malt beverages or vinous liquors between the hours of twelve forty-five a.m. and eight a.m. on any day or on any Sunday, except between the hours of twelve thirty p.m. and twelve midnight. Further, no malt beverage or vinous liquors may be consumed on-premises between one a.m., and eight a.m. on any day or on any Sunday, except between the hours of twelve thirty p.m. and twelve midnight. Nothing contained in this paragraph shall be deemed to authorize the sale or consumption of malt beverages or vinous liquors on the premises of a licensee on any day in which the licensee is required to be closed under the provisions of subsection D of this section.
C. The hours of operation of wholesale licensees for the distribution of malt beverages and vinous liquors shall be between the hours of seven a.m. and six p.m.
D. There shall be no malt beverages or vinous liquors sold or distributed within the city by any licensee on Christmas Day and Thanksgiving Day. All prior prohibitions on the sale or distribution of malt beverages or vinous liquors on election day are repealed and their sale on election days is expressly authorized. (Ord. dated 4/20/04 §§ 1, 2; prior code § 4-11)
A. Possession, Distribution, Sale with License. It is unlawful to manufacture, distribute, sell or possess for the purpose of distribution or sale, in this city, any malt beverages or vinous liquors, without a license from this city for such activity.
B. Advertising Alcoholic Beverages Prohibited—Exception. It is unlawful to post any advertising matter concerning alcoholic beverages of any kind on billboards, buildings, trees, posts, or in any other manner, within the corporate limits of this city; and it is unlawful to distribute circulars or other advertisements of alcoholic beverages of any kind on the streets or otherwise in this city; provided, however that:
1. It shall be permissible for a licensed retailer of malt beverages and vinous liquors to use appropriate advertising within the building in which the licensed business is located;
2. It shall be permissible for a licensed wholesaler of malt beverages and vinous liquors to use trucks with appropriate markings and advertisements thereon.
C. Rental of Property for Sale of Alcoholic Beverages Other than Malt and Vinous Liquors. It is unlawful to knowingly let, rent, keep or maintain any room, house, building or other place within this city where alcoholic beverages are possessed or sold in violation of subsection A of this section.
D. Drinking, Serving Alcoholic Beverages in Public Buildings. It is unlawful for any person to drink or furnish any drink of alcoholic beverages at or within any public street, place or building within this city; except as otherwise provided in this chapter.
E. Contraband Defined, Seizure Authorized. All alcoholic beverages owned or possessed contrary to the provisions of this chapter are declared to be contraband and shall be seized by the police and afterwards destroyed.
F. Penalty. Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00), or imprisonment for not more than sixty (60) days, or both, in the discretion of the court. (Ord. dated 10/1/01 §§ 4, 5; prior code § 4-12)
The distribution, storage, sale and consumption of malt beverages and/or vinous liquors within the corporate limits of said city shall be subject to the following regulations:
A. Delivery in Wholesale Licensees’ Vehicles Required. Malt beverages or vinous liquors shall not be received at or delivered to the premises of the retail licensee by any means other than by a conveyance owned and operated by a wholesale dealer with a wholesale license issued by the city.
B. Storage on Retail Licensees’ Premises Required; Exception. Retail licensees shall store all malt beverages and vinous liquors in their possession on the premises for which the license was issued, and at no other place or places except upon written permission from the mayor and council of the city.
C. Retail Licensee Required to Keep Record of Persons Suspected of Nonage; Minor Defined. Each and every retail licensee shall keep a book in which he shall require the signature and address of any person who offers to purchase malt beverages or vinous liquors, when the licensee or his employees have reason to suspect that such person is a minor (which is defined for purposes of this chapter as a person under twenty-one (21) years of age), and the licensee shall record in such book a record of the evidence presented by such person as proof of age.
D. Service in Back Room Prohibited. The sale of malt beverages and vinous liquors for consumption by persons in any back room or side room which is not open to general public use is prohibited, except that private parties or conventions, which have been scheduled in advance, may be served in public or private dining rooms or meeting rooms.