§ 10-60. Annual license fee; refunds.

(a)

The annual license fee for each classification of license under this division shall be as follows:

Fees Effective Beginning in the Year 2010

(1)

Wine.

a.

Manufacturer of wine ..... $2,250.00

b.

Wholesaler, importer and/or broker of wine ..... 2,000.00

c.

Retail dealer in wine to be consumed on or off the premises of the dealer, which shall be authorized to conduct wine tasting events at any time during the year ..... 2,500.00

d.

Retail dealer in wine to be consumed off the premises of the dealer only ..... 2,500.00

e.

Tasting room for retail dealer in wine and wine to be consumed on the premises ..... 2,500.00

f.

Tasting room for retail dealer in wine and wine to be consumed on the premises which sells wine by the package on Sunday ..... 3,750.00

(2)

Malt beverages.

a.

Brewer or manufacturer of beer ..... $5,000.00

b.

Wholesaler, importer, and/or broker of beer ..... 2,000.00

c.

Retail dealer of beer to be consumed on or off the premises of the dealer ..... 2,500.00

d.

Retail dealer in beer to be consumed off the premises of the dealer only ..... 2,500.00

(3)

Distilled spirits.

a.

Manufacturer ..... $5,000.00

b.

Manufacturer that manufactures, distills or blends liquors made whole from products raised in the state ..... 5,000.00

c.

Wholesaler ..... 5,000.00

d.

Retail sale in package form ..... 4,500.00

Plus an amount equal to one percent of the gross sales of the previous year in excess of $200,000.00, not to exceed a maximum license fee of $5,000.00 per annum.

1.

In determining the license fee to be paid by any dealer in distilled spirits, each individual store or retail outlet shall be considered singly, and the license fee fixed shall be determined by sales made at each individual store.

2.

Annual sales for the purpose of determining the license fee to be paid shall be the sales made by the store or outlet the previous 12 months, except that all new stores or licenses shall, for the first year, pay $3,000.00 per annum.

(4)

Consumption on the premises of distilled spirits, wine and malt beverages.

a.

Initial license ..... $5,000.00

b.

Additional facility licenses, each ..... 5,000.00

1.

Additional licenses shall be required for all additional facilities such as lounges, restaurants, nightclubs, patios or other areas located within the same building.

2.

All restaurant patios and outdoor or open air eating areas which are immediately adjacent to restaurants shall be exempt from the additional facility license fee.

3.

The licensee shall not provide any electronically amplified music or live entertainment on any patio, deck or in any other outdoor or open eating or drinking areas in which the licensed premises are within 500 feet of any area zoned for single-family residences. Notwithstanding the foregoing, no licensee shall provide any electronically amplified music or live entertainment on any patio, deck or in any other outdoor or open eating or drinking areas after 12:00 midnight.

4.

All such licensees shall be required to comply with the requirements as to limitations on noise levels established by ordinance.

(5)

Retail of beer or wine consumption off the premises.

a.

Initial license ..... 2,500.00

b.

Leased locations as additional facilities, each license ..... 2,250.00

Additional licenses shall be required for each leased location located within a licensed premise, such as the Sweet Auburn Curb Market located at 209 Edgewood Avenue. In no event, however, shall there be no more than four additional facilities licenses at any location licensed for off premises consumption. Provided further, however, that the entire licensed location shall derive less than five percent of its gross receipts from the sale of alcoholic beverages.

Additional licenses shall be required for each leased location located within a licensed premise, such as the Sweet Auburn Curb Market located at 209 Edgewood Avenue. In no event, however, shall there be no more than four additional facilities licenses at any location licensed for off premises consumption. Provided further, however, that the entire licensed location shall derive less than five percent of its gross receipts from the sale of alcoholic beverages.

(b)

If the licensee is denied a license by the state, upon the proof of that refusal, the licensee shall be entitled to a refund of the license fee paid to the city, less a charge of $25.00 to cover clerical cost of granting the license. If for any reason, the application for a city license is not approved, the applicant shall be entitled to a refund of the license fee pre-paid with the submission of the application, without interest. The refund may be made by the chief financial officer without the necessity of any action by the council.

(c)

No license shall be issued for less than a calendar year, and if a license is revoked or surrendered before the expiration of a calendar year, the holder thereof shall not be entitled to receive any refund.

(d)

A licensee may be entitled to a refund of the license fee paid to the city if the licensed business cannot continue to be operated due to (i) destruction by fire or an act of God, (ii) death of the licensee, or (iii) any action taken by a governmental entity beyond the licensee's control. A refund shall not be granted if the license is revoked or suspended by resolution, approve or deny such refund. If a refund is approved by the council, the refund shall be calculated as follows:

(1)

Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year.

(2)

One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year.

(3)

One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year.

(4)

No refund if the licensee goes out of business during the fourth quarter of the calendar year.

(e)

If for any reason, the issuance of a license is delayed so as to entitle the applicant to pay a prorated portion of the license fee for the year when the applicant has already pre-paid with submission of the application the full year's license fee; the city shall refund any overpayment of license fees to the licensee within 30 days after the license is issued.

(Code 1977, §§ 14-2051, 19-14.006; Ord. No. 1998-94, § 1, 11-20-98; Ord. No. 1999-48, § 3, 6-15-99; Ord. No. 1999-49, § 1, 6-15-99; Ord. No. 2000-3, § 1, 1-11-00; Ord. No. 2000-43, § 1, 7-6-00; Ord. No. 2002-12, § 1, 3-5-02; Ord. No. 2002-89, § 2, 12-10-02; Ord. No. 2004-61, § 4, 9-28-04; Ord. No. 2007-61(07-O-1900), § 2, 10-22-07; Ord. No. 2010-31(10-O-0900), § 1, 6-30-10, eff. 7-1-10; Ord. No. 2010-50(10-O-1407), § 1, 9-16-10; Ord. No. 2014-17(14-O-1232), § 7, 5-28-14 )

State law reference

Restrictions on license fees, O.C.G.A. §§ 3-4-50, 3-5-43.