§ 4-1. Definitions.

(a)

State. For the purposes of this chapter, the definitions contained in the following statutes shall apply, and the same are hereby adopted and incorporated by reference as if fully set forth in this section:

(1)

O.C.G.A. § 3-1-2.

(2)

O.C.G.A. § 3-3-7.

(3)

O.C.G.A. § 3-3-20.

(4)

O.C.G.A. § 3-4-1.

(5)

O.C.G.A. § 3-5-1.

(6)

O.C.G.A. § 3-6-1.

(7)

O.C.G.A. § 3-7-1.

(b)

City. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Administrator means the city manager or his designee, or any other person appointed by the city council to administer the provisions of this chapter.

Agent means that person designated by a licensee in the licensee's application for a permit to sell distilled spirits by the drink in the city.

Drink means any distilled spirits not in its original package for consumption on the premises that may or may not be diluted by any other liquid.

Entertainment venue means one of the following fixed locations operated for the primary purpose of providing live public entertainment:

(1)

A live music hall in which a ticketed event offering not less than 50 available seats occurs, but only if such live music hall has fixed seating capacity for 50 or more patrons and does not hold itself out as any other type of establishment; or

(2)

A theater which presents theatrical performances.

As used in this paragraph, the term "theatrical performances" means performances of plays or other dramatic works in which actors or actresses or both take part in person in a live performance presented in a permanent structure or building that is commonly called a theater to which admission may be had by payment of a fee or by purchase and presentation of a ticket or token obtained for money and to which the public generally may gain admission. Notwithstanding the preceding sentence, however, nothing in this paragraph shall be construed to permit or authorize any number of fixed seats in any venue if such number of seats would not be permitted under the Hartwell Zoning Ordinance, Georgia State Minimum Standard Fire Code, or other applicable law, regulation, or ordinance. Adult entertainment establishments shall under no circumstances be considered as entertainment venues. For purposes of this chapter, without conferring any vested rights, and expressly reserving the right to amend or revoke this designation, the following locations are specifically declared to be entertainment venues: Hart County Community Theater, High Cotton Music Hall, Savannah River Productions.

Licensee means any person who holds a license from the city to sell distilled spirits by the drink for consumption on the premises.

Monthly period means the calendar month of the year.

Open container means any bottle, can, glass, cup or other vessel that contains an alcoholic beverage not in its original container. The term "open container" also means the original container of an alcoholic beverage when:

(l)

The container contains an alcoholic beverage; and

(2)

The seal on the container has been broken, the top or cap on the container has been removed, or if the container is a can, the tab has been removed or the surface of the can has been pierced.

Private club means a corporation chartered, organized and existing under state law, exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code (26 USC 501(c)), actively and continuously in operation within the city as a nonprofit corporation for at least one year immediately prior to the application for a license under this division and during which time such corporation shall have had continuously not less that 50 members whose names, current addresses and current telephone numbers have been kept listed on the club premises, which members shall have regularly paid quarterly, semiannual or annual dues. The nonprofit corporation shall be operated exclusively for pleasure, recreation and other nonprofitable purposes, and no part of the bet earnings of the corporation shall inure to the benefit of any member, director or officer. No member, director, officer, agent or employee of the club shall be paid or directly or indirectly receive, in the form of salary or other compensation, any profits from the sale of distilled spirits by or to the club or its members or guests, except such salary as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club.

Purchase price means the consideration received for the sale of distilled spirits by the drink valued in money, whether received in cash or otherwise, including all receipts, cash, credits and property or services of any kind or nature, and also the amount for which credit is allowed by the licensee to the purchaser, without any deduction therefrom whatsoever.

Purchaser means any person who orders and gives present or future consideration for any distilled spirits by the drink from a licensee.

Restaurant means any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served and which meets the criteria of the county health department.

Semipublic parking facility includes any privately owned area wherein motor vehicles may be parked by the public in conjunction with any business enterprise, commercial establishment, office building, church, school or multiple-family residential building.

Tax means any taxes imposed under this chapter.

(Comp. 1976, § 4-118-B; Code 1989, §§ 3-1, 3-2; Ord. of 8-4-1986, § 2; Ord. of 2-6-1989; Ord. No. 98-005, § 3-2, 6-1-1998; Ord. No. 2001-01, § 1(3-100), 3-5-2001; Ord. No. 2015-03, § 1, 8-3-2015)