Transcript PEACHTREE CITY POLICE DEPARTMENT

PEACHTREE CITY
POLICE DEPARTMENT
Alcohol Permit Presentation
Peachtree City Code of Ordinances

The relevant portion of the Peachtree City
Code of Ordinances that regulates the sale and
distribution of alcoholic beverages is Chapter
6. This chapter describes by what authority
the city of Peachtree City derives the right to
regulate alcohol sales and distribution, as well
as establishes guidelines for licensing and
distribution.
Article 1

Where does the city of Peachtree City derive
the authority to regulate alcohol sales and
distribution?

Section 6.1. Authority to regulate alcoholic
beverages in the city.
Section 6.1 continued…

O.C.G.A. 3-4-49, authorizing a municipality
voting in favor of the issuance of licenses for
the manufacture, possession, distribution and
sale by the package of distilled spirits, to adopt
all reasonable rules and regulations as may fall
within the police powers of the municipality to
regulate any such business;
Section 6.1 continued…

O.C.G.A. 3-4-90, authorizing each such
municipality to issue licenses, through
ordinance, to sell distilled spirits for beverage
purposes by the drink, the sales to be for
consumption only on the premises;
Section 6.1 continued…

O.C.G.A. 3-4-110, granting such municipality
the full power to adopt all reasonable rules and
regulations governing the conduct of any such
licensee, including but not limited to the
regulation of hours of business, types of
employees, and other matters which may fall
within the police powers of such municipality;
Section 6.1 continued…

O.C.G.A. 3-5-40 and 3-5-42, authorizing
municipal licenses for the business of
manufacturing, distributing, and selling malt
beverages at wholesale and retail; and…
Section 6.1 continued…
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O.C.G.A. 3-6-40, authorizing municipal
licenses for the manufacturing, distributing and
selling wine at wholesale and retail.
Article III


How does this affect the server of alcoholic
beverages?
Section 6-106. Sales on licensed premises.
Only those individuals who are agents, clerks
or employees of the licensee shall handle, sell
or serve alcoholic beverages on a licensed
premises.
Article III continued…

Section 6-107. Sale to intoxicated person
forbidden.
Alcoholic beverage licensees and their agents,
clerks and employees are prohibited from
selling, bartering, exchanging, giving,
providing or furnishing any alcoholic beverage
to any person who is in a noticeable state of
intoxication.
Article III continued…

Section 6-123. Hours of sale; quarterly report
of gross sales.
(a) No alcoholic beverage may be sold by the
package on Sunday. The sale of alcohol by
establishments holding licenses to sell alcohol
by the drink must cease at 12:00 midnight on
Saturday night with the following exceptions:
Article III continued…
In years in which New Year’s Eve falls on a
Saturday, sales may continue through 1:00
am on Sunday, New Year’s Day.
Those establishments which qualify under
subsection (b) of this section may reopen at
12:30 pm on Sunday.
Article III continued…
(b) Alcoholic beverages may be sold on Sunday for
consumption on premises from 12:30 pm to 12:00
midnight in those licensed establishments deriving at
least 50 percent of annual gross sales from the sale of
food, provided food is available with a menu for sale
and consumption. Such establishments having more
than one license may sell alcoholic beverages in all
licensed outlets. Further, any licensed establishment
deriving at least 50 percent of its total annual gross
income from the rental of rooms for overnight
lodging may sell alcoholic beverages on Sunday for
consumption on premises from 12:30 pm to 12:00
midnight.
Article III continued…
(c)
(d)
The sale of alcoholic beverages on election
day within 250 feet of a polling place during
such time as the polls are open is prohibited.
The license holder shall provide the city a
quarterly report showing the gross sales of
food service, gross sales of room rental and
gross sales of alcoholic beverages. The
report shall be made on a form and in a
manner prescribed by the city clerk.
Article III continued…
Who is required to have an alcoholic beverage handling permit?
(a) Any person, manager, or employee, who is responsible to
sell, serve, deliver, dispense, or take orders for alcoholic
beverages in restaurants, hotels, conference centers, lounges,
stores, or any other business entity, or who handles alcoholic
beverages in package stores, or who works as a security
employee in any on-premise consumption or package store,
whether or not such person is contracted or an employee of
such package store or on-premise consumption location, shall
apply to the police department for an alcoholic beverage
handling permit or have a valid servers permit issued from
another law enforcement jurisdiction within Fayette County.
Article III continued…
(b) It shall be unlawful for any licensed
establishment to hire any person, or to permit
any person to work or assist in any capacity to
sell, serve, deliver, dispense or take orders for
alcoholic beverages until such person has
procured a city alcoholic beverage handling
permit or have a valid servers permit issued
from another law enforcement jurisdiction
within Fayette County.
Article III continued…
Who may NOT be issued an alcoholic beverage handling permit?
(c) Alcoholic beverage handling permits shall not be issued
to any person who has pled guilty to, or has been convicted of
a violation of the provisions of this chapter, or any similar
provisions from any other jurisdiction, or convicted of a
violation of any offense related to the manufacture or sale of
alcoholic beverages within the preceding two years. NOTE:
This includes convictions for D.U.I. offenses for a period of
two years. For the purpose of this section an indictment, plea
of guilty, or a plea of nolo contendere shall constitute a
violation.
Article III continued…
(d) Alcoholic beverage handling permits
shall not be issued to any person who has
pled guilty more than once, or has been
convicted more than once of any violation of
the provisions of this chapter, or any similar
provisions from any other jurisdiction or to a
violation of any offense relating to the
manufacture or sale of alcoholic beverages.
Article III continued…
(e) Alcoholic beverage handling permits shall not be issued to
any person who has pled guilty to or been convicted of, or
entered a plea of nolo contendere to any misdemeanor or
felony related to illegal gambling, soliciting for prostitution,
pandering, letting premises for prostitution, keeping a
disorderly place, illegal drugs/narcotics, theft, crimes of
violence, sexual offenses, or any other crime opposed to the
decency, morality or public welfare (including identity and
credit card fraud) within the preceding five years from the date
of their application for a handling permit. Additionally,
alcoholic beverage handling permits will not be issued to any
person who is serving probation for a felony sentence
involving any felony described above.
Article III continued…
Relevant facts concerning alcoholic beverage handling permits:
(g)(4) All alcoholic beverage handling permits are the sole exclusive
property of the city police department. Destruction, theft, defacement, or
detriment of identification shall be punishable as a felony under state law.
(g)(5) It shall be unlawful for any person to alter, deface, or fraudulently
reproduce a city alcoholic beverage handling permit.
(g)(6) The permit issued under this section shall be issued only to eligible
persons who are at least 18 years of age.
Article III continued…
Wearing and display of the alcoholic beverage handling permit:
(l) While on duty in any licensed establishment, every person
required to possess an alcoholic beverage handling permit
shall have their handling permit conspicuously displayed on
their person and visible at all times. The person shall have the
option of wearing the handling permit in a manner that only
the first name and first letter of the last name (last initial) are
displayed to the public. All permits issued under this section
shall be made available for inspection upon the demand of any
law enforcement officer employed by the city police
department.
Article III continued…
(m) In any prosecution for violation of subsection,
it shall be presumed that the manager or employee
did not have a permit unless the permit was
displayed as required in the same subsection.
(o) The penalty for violating any of the provisions
of this section shall be a City Code violation
(misdemeanor) punishable by a fine not to exceed
$1,000.00.
Article III continued…

Section 6-126. Enforcement.
(a)
Police may conduct periodic enforcement
checks of all licensed establishments. Such
checks may include but not be limited to:
Article III continued…
(1)
(2)
(3)
(4)
Surveillance by plainclothes and/or uniformed
officers to confirm compliance with state law and
city ordinance.
Purchase of alcoholic beverages by a young adult
(21 years of age or older) to determine if
identification is being checked to confirm legal age.
Administer to employees an on-the-spot written test
of this chapter.
Attempts purchase of alcoholic beverages by a
minor (20 years of age or younger) to ensure
compliance with state laws and city ordinances.
Article III continued…
(b) Based on the results of the checks, the police
chief may conclude that employees of the licensee
are not following proper alcoholic beverage sales
procedures to ensure compliance with the law
and/or do not possess adequate knowledge of the
law based on the results of the test administered by
the police. When this is the case, the police chief
shall ensure that a follow-up check is conducted
within 30 days.
Article III continued…
Who is responsible to ensure that holders of alcoholic
beverage handling permits are properly trained?
Section 6-127, Subsection (i):
It shall be the responsibility of the licensee or the license
representative [of the establishment] to acquaint all employees
engaged in the sale or service of alcoholic beverages with the
requirements of this chapter and state law regulating the
handling, selling, serving, delivering, dispensing or taking
orders for alcoholic beverages.
Article III continued…
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Section 6-128. Alcoholic beverage handling
permit revocation proceedings.
(a) The omission or falsification of any
material information in an application for a
permit shall be a violation of this section and
grounds for the denial, suspension or
revocation of any such permit.
Article III continued…
(b) The service or selling of alcoholic
beverages to any person that the employee or
agent knew or should have known to be in a
state of intoxication is grounds for suspension
or revocation of any such permit.
Article III continued…
(c) The service or selling of alcoholic beverage
to any person without requiring proof of age
identification as required in this chapter is
grounds for suspension or revocation of any
such permit.
Article III continued…
(d) The violation of any law, ordinance or
regulation governing the operation of an
establishment licensed to sell alcoholic
beverages or which is reasonably related to the
operation of such establishment is grounds for
suspension or revocation of any such permit.
Article III continued…
(e) An employee excluded from being granted
or maintaining a permit under these terms, or
whose permit is revoked or suspended, shall
have the right to appeal such decision as
provided in Section 6-127.
Article III continued…
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The first citation automatically has a 6-month
probation for the license.
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The 2nd citation can result in a 7-day
revocation of the license plus another 6-month
probation period.
Questions?