§ 10-209. Hours of operation.

(a)

Packaged distilled spirits. Retail merchants licensed to sell distilled spirits by the package, shall be allowed to engage in the sale of such distilled spirits between the hours of 8:00 a.m. and 11:45 p.m. Monday through Saturday and on Sunday from 12:30 p.m. and 11:30 p.m.

(b)

Packaged wine or malt beverages. Retail merchants licensed to sell wine or malt beverages by the package, shall be allowed to engage in the sale of such beverages 24 hours a day, Monday through Saturday and on Sunday from 12:30 p.m. and 11:30 p.m. Notwithstanding this sub-subsection, a licensed farm winery tasting room located within a special entertainment district may sell packaged wine on Sunday from 12:30 p.m. until 12:00 midnight, as permitted by O.C.G.A. § 3-6-21.2.

(c)

Sale of wine or malt beverages for on premises consumption.

(1)

Except as otherwise provided by O.C.G.A. § 3-3-7 and those licensees located within a special entertainment district as defined by Code section 10-211 and those licensees that elect to be subject to Code section 10-94(a)(7), all other licensees for the sale of wine or malt beverages for consumption on the premises shall be authorized to engage in the sale of wine or malt beverages on Monday through Friday between the hours of 9:00 a.m. of one day and 2:30 a.m. of the following day and on Saturday from 9:00 a.m. to 2:30 a.m. on Sunday. Wine and/or malt beverages may be sold on Sundays between the hours of 12:30 p.m. and 12:00 a.m. midnight only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Wine and/or malt beverages may also be served on Sunday in conjunction with the issuance of both an outdoor festival permit pursuant to Code section 138-204 and a special event permit pursuant to Code section 10-8.

(2)

Anytime December 31st falls on a Sunday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. Sunday, December 31st, to 2:30 a.m. Monday, January 1st, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime December 31st falls on a Sunday, all other establishments licensed to sell beer and wine by the drink for consumption on the premises may sell such beer and wine between the hours on 12:01 a.m. Monday, January 1st, to 2:30 a.m. Monday, January 1st. Anytime St. Patrick's Day, Memorial Day, Independence Day and Labor Day fall on a Monday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular prior Sunday, to 2:30 a.m. Monday, on the date of that particular holiday, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime Independence Day falls on a Sunday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 2:30 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1).

(3)

This section shall apply in all respects to private clubs, as defined by Code section 10-1, except as provided by O.C.G.A. § 3-7-2.

(4)

Those licensees that elect to be subject to Code section 10-94(a)(7) shall be authorized to engage in the sale of wine and malt beverage on Monday through Thursday between the hours of 9:00 a.m. and 11:00 p.m., on Friday and Saturday between the hours of 9:00 a.m. and midnight and on Sunday, subject to O.C.G.A. § 3-3-7, between the hours of 12:30 p.m. and 11:00 p.m.

(d)

Sale of distilled spirits by the drink or for on premises consumption.

(1)

Except as otherwise provided by O.C.G.A. § 3-3-7, and those licensees located within a special entertainment district as defined by Code section 10-211 and those licensees that elect to be subject to Code Section 10-94(a)(7), all licensees for the sale of distilled spirits by the drink on the premises shall be authorized to engage in the sale of those distilled spirits only on Monday through Friday between the hours of 9:00 a.m. of one day and 2:30 a.m. of the following day and on Saturday from 9:00 a.m. to 2:30 a.m. on Sunday. Distilled spirits may be sold on Sundays between the hours of 12:30 p.m. and 12:00 a.m. only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Distilled spirits may also be served on Sunday in conjunction with the issuance of both an outdoor festival permit pursuant to Code section 138-204 and a special event permit pursuant to Code section 10-8.

(2)

Anytime December 31st falls on a Sunday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. Sunday, December 31st, to 2:30 a.m. Monday, January 1st, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime December 31st falls on a Sunday, all other establishments licensed to sell distilled spirits by the drink for consumption on the premises may sell such distilled spirits between the hours on 12:01 a.m. Monday, January 1st, to 2:30 a.m. Monday, January 1st. Anytime St. Patrick's Day, Memorial Day, Independence Day and Labor Day fall on a Monday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 2:30 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime Independence Day falls on a Sunday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 2:30 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1).

(3)

This section shall apply in all respects to private clubs, as defined by Code section 10-1, except as provided by O.C.G.A. § 3-7-2.

(4)

Those licensees that elect to be subject to Code Section 10-94(a)(7) shall be authorized to engage in the sale of distilled spirits on Monday through Thursday between the hours of 9:00 a.m. and 11:00 p.m., on Friday and Saturday between the hours of 9:00 a.m. and midnight and on Sunday, subject to O.C.G.A. § 3-3-7, between the hours of 12:30 p.m. and 11:00 p.m.

(e)

Sale of wine or malt beverages for on-premises consumption within a special entertainment district. Except as otherwise provided by O.C.G.A. § 3-3-7, all licensees in wine or malt beverages for consumption on the premises within a special entertainment district as defined by Code section 10-211 shall be authorized to engage in the sale of those wines or beverages in the following manner:

(1)

Wine and/or malt beverages may be sold on Monday through Friday between the hours of 9:00 a.m. of one day and 4:00 a.m. of the following day and on Saturday from 9:00 a.m. to 2:55 a.m. on Sunday.

(2)

Wine and/or malt beverages may be sold on Sundays between the hours of 12:30 p.m. and 12:00 a.m. only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Notwithstanding this subsection, a licensed farm winery tasting room located within a special entertainment district may sell wine for on-premises consumption on Sundays from 12:30 p.m. until 12:00 midnight, as permitted by O.C.G.A. § 3-6-21.2. Wine and/or malt beverages may also be served on Sunday in conjunction with the issuance of a special event permit pursuant to Code section 10-8. Wine and/or malt beverages may also be sold by the drink for on-premises consumption within special entertainment district on Mondays between the hours of 12:01 a.m. and 4:00 a.m.

(3)

Anytime December 31st falls on a Sunday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. Sunday, December 31st, to 4:00 a.m. Monday, January 1st, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime December 31st falls on a Sunday, all other establishments licensed to sell beer and wine by the drink for consumption on the premises may sell such beer and wine between the hours on 12:01 a.m. Monday, January 1st, to 4:00 a.m. Monday, January 1st. Anytime St. Patrick's Day, Memorial Day, Independence Day and Labor Day fall on a Monday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular prior Sunday, to 4:00 a.m. Monday, on the date of that particular holiday, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime Independence Day falls on a Sunday, beer and wine may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 4:00 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1).

(4)

This section shall apply in all respects to private clubs, as defined by Code section 10-1, except as provided by O.C.G.A. § 3-7-2.

(f)

Sale of distilled spirits by the drink or for on-premises consumption within a special entertainment district. Except as otherwise provided by O.C.G.A. § 3-3-7, all licensees for the sale of distilled spirits by the drink on the premises within a special entertainment district as defined by Code section 10-211 shall be authorized to engage in the sale of those distilled spirits in the following manner:

(1)

Distilled spirits may be sold by the drink or for on-premises within a special entertainment district on Monday through Friday between the hours of 9:00 a.m. of one day and 4:00 a.m. of the following day and on Saturday from 9:00 a.m. to 2:55 a.m. on Sunday.

(2)

Distilled spirits may be sold by the drink or for on-premises within a special entertainment district on Sundays between the hours of 12:30 p.m. and 12:00 a.m. only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Distilled spirits may also be served on Sunday in conjunction with the issuance of a special event permit pursuant to Code section 10-8. Distilled spirits may also be sold by the drink for on-premises consumption within a special entertainment district on Mondays between the hours of 12:01 a.m. and 4:00 a.m.

(3)

Anytime December 31st falls on a Sunday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. Sunday, December 31st to 4:00 a.m. Monday, January 1st, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime December 31st falls on a Sunday, all other establishments licensed to sell distilled spirits by the drink for consumption on the premises may sell such distilled spirits between the hours on 12:01 a.m. Monday, January 1st, to 4:00 a.m. Monday, January 1st.

(4)

Anytime St. Patrick's Day, Memorial Day, Independence Day and Labor Day fall on a Monday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 4:00 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1). Anytime Independence Day falls on a Sunday, distilled spirits may be sold by the drink for consumption on the premises between the hours of 12:30 p.m. of that particular Sunday, to 4:00 a.m. Monday, the next day, only in public stadiums, coliseums and auditoriums with a seating capacity in excess of 3,500 persons; and in restaurants (as defined in Code section 10-1).

(g)

Time limit for clearing patrons from premises. All licensed premises described in subsections (c), (d), (e) and (f) of this section shall be closed to the public at the time set by this section for the discontinuance of the sale of alcohol and the premises cleared of patrons within 30 minutes after the time set by this section for discontinuance of the sale of alcoholic beverages on the premises.

(h)

Occupancy time. Upon clearing patrons from the premises 30 minutes after the sale of alcohol has been discontinued as provided for in subsection (g) of this section, establishments licensed for on premises alcoholic beverage consumption, excluding restaurants as defined in the Code by section 10-1, shall remain closed and shall not re-open earlier than 6:00 a.m. Nothing in this subsection shall be construed as altering the hours alcoholic beverages may be sold as otherwise provided for in this section.

(i)

Extended Sunday alcohol sales . Notwithstanding any other provisions of this chapter to the contrary, the sale of alcoholic beverages for consumption on the premises, including the sale of wine and/or malt beverages and the sale of distilled spirits, may be sold on Sundays between the hours of 11:00 a.m. and 12:00 a.m. midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served; and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

(Code 1977, § 14-2126; Ord. No. 2000-9, §§ 1, 2, 2-21-00; Ord. No. 2000-63, §§ 1, 2, 12-12-00; Ord. No. 2001-26, §§ 6, 7, 3-27-01; Ord. No. 2001-39, §§ 1, 2, 5-30-01; Ord. No. 2003-115, §§ 1—5, 12-9-03; Ord. No. 2004-09, §§ 1—5, 2-24-04; Ord. No. 2004-38, § 1, 6-24-04; Ord. No. 2005-37, §§ 1, 2, 6-23-2005; Ord. No. 2010-27(10-O-0780), § 2, 6-16-10; Ord. No. 2012-40(12-O-1003), § 1, 8-29-12; Ord. No. 2014-09(14-O-1103), § 1, 3-12-14 ; Ord. No. 2014-17(14-O-1232), § 15, 5-28-14 ; Ord. No. 2019-07(18-O-1395), § 5, 8-15-18 )

State law reference

Sales on Sunday and Christmas Day, O.C.G.A. § 3-3-20.