§ 10-58. Issuance to nonprofit performing arts theaters, museums, zoological parks, botanical gardens, and city park organizations for sale for consumption on premises.

(a)

An applicant may be issued a license for the sale of alcoholic beverages for consumption on the premises of any nonprofit performing arts theater having a seating capacity of not less than 175, any nonprofit museum. any nonprofit zoological park, any nonprofit botanical garden, or any park facility, within the city upon meeting all of the following requirements and all other requirements of this chapter dealing with the sale of alcoholic beverages for consumption on the premises:

(1)

The applicant shall be a nonprofit corporation presenting legitimate indoor live performances or the applicant shall be a nonprofit museum, a nonprofit zoological park, a nonprofit botanical garden, or a city park organization.

(2)

The performances of any such theater shall be held on a regular basis a minimum of three times per week for a period of 32 weeks per year.

(3)

The applicant shall be the same group or corporation operating the nonprofit theater or nonprofit museum, nonprofit zoological park, nonprofit botanical garden, or park facility, and shall show that the profits from the sales under any license granted under this section shall be used for no purpose other than the sustaining and promotion of the theater, museum, zoological park, botanical garden, park facility, or the park in which the park facility is located.

(4)

The applicant shall show by plat the physical delineation of the area in which alcoholic beverages are to be sold.

(5)

The location of the applicant shall not be within or upon any public property, either federal, state, county or municipal, unless the applicant is a zoological park, botanical garden, or city park organization.

(6)

The applicant shall be exempt from federal income taxes pursuant to section 501(c)(3) of the Internal Revenue Code, as amended.

(b)

The applicant shall pay an annual license fee of $1,000.00, and the fee shall be subject to all other rules and regulations relating to license fees for alcoholic beverages set forth in this chapter.

(c)

Fees. The bureau of buildings and the department of fire shall each charge a fee of $50.00 for the inspections made to report on the compliance status of structures were [where] alcoholic beverage licenses are requested.

(d)

For the purpose of this section, and notwithstanding the definition of premises contained in section 10-1, the premises of a park facility shall mean any number of the definite closed or portioned-in building(s), including any area or patio immediately adjacent to said building(s), which are located within one city-owned park, and which are managed, operated, and/ or leased by one city park organization pursuant to one or more agreements or leases with the City of Atlanta, and wherein alcoholic beverages are sold or consumed,

(1)

The area or patio need not be covered, but must be completely enclosed, except for entrances and exits, by a wall, fence, shrubbery or other decorative material no less than 30 inches in height.

(2)

Where any city park organization has agreements with the City of Atlanta to manage, operate or lease buildings located in more than one city-owned park, the city park organization must hold a separate license for each park.

(Code 1977, §§ 14-2089, 14-2090(4), 19-14.007; Ord. No. 2002-35, § 6, 5-28-02; Ord. No. 2010-58(10-O-1419), § 2, 10-27-10)