SPONSOR: COMMISSIONER VIRGIL WATKINS COMMITTEE AMENDMENT
AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION, TO AMEND CHAPTER 4 OF THE INAUGURAL CODE OF ORDINANCES FOR MACON-BIBB COUNTY, TO PROVIDE FOR A MORATORIUM ON THE ISSUANCE OF NEW ALCOHOL LICENSES FOR BEER AND WINE BY THE PACKAGE TO GO IN THE 31204, 31206, AND 31211 ZIP CODES WITHIN MACON-BIBB COUNTY; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
Purpose: To amend the Macon-Bibb County Alcohol Code to impose a moratorium on certain alcohol licenses in the 31204, 31206, and 31211 ZIP Codes within Macon-Bibb County.
WHEREAS, there exists a large concentration of convenience stores and other businesses selling beer and wine by the package to go within certain neighborhoods in Macon-Bibb County, including throughout the 31204, 31206, and 31211 ZIP Codes; and
WHEREAS, the Macon-Bibb County Commission finds that a proliferation of alcohol- selling businesses has contributed to or supported a rise in certain negative elements in these areas, including drug activity, gang activity, violence, poverty, and blight; and
WHEREAS, it is incumbent upon the Macon-Bibb County Commission to consider the public interest and welfare in licensing businesses for the sale of alcohol, and in crafting the legislation that governs alcohol licensure; and
WHEREAS, the Macon-Bibb County Commission finds that imposing a moratorium on the issuance of new alcohol licenses within the 31204, 31206, and 31211 ZIP Codes would serve the public interest and welfare by reducing the number of alcohol licensees in these concentrated areas through attrition over time; and
WHEREAS, the ordinance contained herein would benefit and promote the health, safety, morals and welfare of the citizens of Macon-Bibb County.
NOW, THEREFORE, BE IT ORDAINED by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same that:
Section 1.
Section 4-1 of Article II of Chapter 4 of the Inaugural Code of Ordinances for Macon-Bibb County is hereby amended by inserting the following below the definition of "Fortified wine" and above the definition of"License":
Groce,y store means any retail establishment which has a total retail floor space of at least I0,000 square feet, of which at least 85 percent is reserved for the sale of food and other nonalcoholic
items, and which sells, among other products, fresh fruits and vegetables; fresh beef, chicken, or pork; fresh chicken eggs; bread; and fresh cow's milk.
Section 2.
Section 4-25 of Article II of Chapter 4 of the Inaugural Code of Ordinances for Macon-Bibb County, now reserved, is hereby repealed in its entirety and replaced by the following:
Sec. 4-25 Geographic restrictions on alcohol licenses.
(a) It is hereby declared to be against public policy to allow the issuance of certain licenses under this Chapter within certain geographic areas of Macon-Bibb County, as stated in this Section. All applications seeking a license in violation of the public policies set forth in this Section shall be rejected as incomplete, and no license fees shall be accepted from such applicants. Such a rejection shall not be considered an "Adverse Action" under this Chapter, and shall not be considered an adjudication of the license application.
(b)
(1) As of April 1, 2020, except as provided herein, no applications seeking to obtain new licenses to sell beer or wine by the package to go, or both beer and wine by the package to go, shall be accepted for any business location within the boundaries of the 31204, 31206, or 31211 ZIP Codes, as established by the United State Postal Service, and amended from time to time.
(2) This subsection shall not operate to prohibit existing licensees within the 31204, 31206, or 31211 ZIP Codes from applying to renew their existing licenses annually, subject to the provisions of this Chapter.
(3) Except as provided herein, the County shall not accept any application for an alcohol license by a new owner at any business location within the 31204, 31206, or 31211 ZIP Codes which location holds an existing license to sell beer or wine, or both, by the package to go.
(4) This subsection shall not apply to any application that, in addition to beer or wine, includes application for a license to sell distilled spirits by the package to go, provided that the applicant meets all other requirements for a license to sell distilled spirits by the package to go under this Chapter.
(5) This subsection shall not apply to any applicant who can demonstrate each of the following:
(A) that the building housing the business for which a license is applied sold was either unbuilt and undergoing construction or closed to the public and undergoing renovation on April 1, 2020; and
(B) that the building housing the business for which a license is applied was properly pe1mitted by the Macon-Bibb County building inspectors for the construction or renovations underway as of April 1, 2020; and
(C) that a certificate of occupancy has been issued for the building housing the business for which a license is applied; and
(D) a completed alcohol license application is submitted on or before October 1, 2020.
(6) This subsection shall not apply to any business operating as a grocery store, as that term is defined in this Chapter.
(c) Any method, scheme, artifice, or other business practice designed to substantively transfer ownership of an existing business licensed under this Chapter to a new owner in such a way as to allow any person, who would otherwise be prohibited under this Section from obtaining a new license under this Chapter, to sell alcohol in any geographic area restricted under this Section, or any attempt to carry out such a method, scheme, artifice, or other business practice, shall be grounds for revocation of all licenses issued under this Chapter for such location.
(d) Any person participating in or attempting to participate in any method, scheme, artifice, or other business practice described in subsection (c) of this Section shall be guilty of a Code violation and shall be punished in accordance with Sec. 1-6 of this Code.
Section 3.
Section 4-27 of A1iicle II of Chapter 4 of the Inaugural Code of Ordinances for Macon-Bibb County is hereby repealed in its entirety and replaced by the following:
Sec. 4-27. - Denial of license application; issuance.
(a) Macon-Bibb County may deny a license under this Chapter on any of the following grounds:
(1) Failure to meet state requirements for state license;
(2) Failure to pay required fees and taxes;
(3) Failure to provide required valid information, documents and the like;
(4) False or incomplete information in the application or attached documents;
(5) Violation of any geographic restrictions as provided in this Chapter;
(6) Reserved;
(7) Prior convictions as provided in this Chapter; or
(8) Failure to meet any other requirements in this Chapter for a license of the class applied for.
(b) Otherwise, Macon-Bibb County may issue any license provided for in this Article.
Section 4.
It is the intention of the Macon-Bibb County Commission that nothing herein shall be interpreted as amending, altering, abolishing, discharging, or in any manner affecting any advisory committees, fines, fees, charges, assessments, adjudications, or hearing procedures previously established or adopted by Bibb County, or the City of Macon, or the Consolidated Government of Macon-Bibb County, regarding any application previously filed for any privilege license relating to the manufacture, distribution, or sales of alcoholic beverages in any form, or the granting, denial, revocation, or suspension of any such license by Bibb County, the City of Macon, or Macon-Bibb County, and that any such advisory committees, fees, charges, assessments, adjudications, or procedures shall continue in full force and effect in Macon-Bibb County consistent with the provisions of the Macon-Bibb County Charter, Ga. Law 2012, page 5595 and Ga. Laws 2013, pages 3501, 3942.
Section 5.
The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section 6.
This Ordinance, to the extent necessary, shall be codified in a manner consistent with the laws of the State of Georgia and Macon-Bibb County. Upon adoption, the Clerk of Commission is hereby directed to send a certified copy of this Ordinance to the publisher of the Macon-Bibb County Code of Ordinances for inclusion in future publications.
Section 7.
(a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and constitutional.
(b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any comt of competent jurisdiction, it is the express intent of the Macon-Bibb County Commission that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or
otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
Section 8.
All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside.
Section 9.
In the event scrivener's errors shall be discovered in this Ordinance or in any Exhibits hereto after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener's error shall be corrected in all multiple counterparts of this Ordinance.
Section 10.
This Ordinance shall become effective immediately upon its approval by the Mayor or its adoption into law without such approval.
SO ORDERED AND ORDAINED this day of ,2020.
ROBERT A.B. REICHERT, MAYOR
ATTEST: _
JANICE S. ROSS, CLERK OF COMMISSION
K:\ORD MACON BIBB\2020 Watkins llforatorium On BW PTG Alcohol Licenses In 31204 And 3l 206 (Committee Amendment).Docx
