§ 10-211. Special entertainment districts.

(a)

Definition. As required by O.C.G.A. § 3-3-7(c)(2), the term "special entertainment district" means contiguous properties upon which is located a festival marketplace and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district; provided, however, more than 50 percent of such contiguous properties must be owned or controlled by the city or some other governmental or quasigovernmental entity.

(b)

Intent and declaration. Pursuant to O.C.G.A. § 3-3-7(c)(2), it is the intention and declaration of the city to provide for the creation of special entertainment districts and to regulate the licensing, sale and consumption of alcoholic beverages therein.

(c)

Modifications and exceptions. The licensing and regulation of alcoholic beverages in special entertainment districts shall be the same as that required for the city at large, with the following modifications and exceptions:

(1)

In addition to the requirements imposed by section 10-62, a license for the sale of distilled spirits by the drink in a special entertainment district may issue to an applicant for the operation of a freestanding bar. A freestanding bar, as used in this subsection, means a bar facility which is not required to meet the definition of premises, as defined in section 10-1. Further, as provided in the definition of premises, any area or patio shall be immediately adjacent to the main licensed facility and located on property owned or leased by such licensee; however, licensed establishments in special entertainment districts shall be exempt from the remaining requirements applicable to such immediately adjacent areas of patios.

(2)

Sale and consumption of alcoholic beverages in a special entertainment district.

i.

The sale and consumption of alcoholic beverages in a special entertainment district shall only be permitted in or on the commercial facilities and shall not be permitted in or on the public facilities, including the mall facilities, except as provided herein. The term "commercial facilities" as used in this subsection means the retail food and beverage service facilities, including any common area seating facilities specifically provided for the consumption of food and beverages, which common area seating facilities are not required to be owned or leased by any particular alcoholic beverage licensee. The term "public facilities" as used in this subsection means the parking facilities, plazas, streets and sidewalks. The term "mall facilities" as used in this subsection as such term pertains to Underground Atlanta, means those areas within Underground Atlanta commonly known as Upper Alabama Street, Lower Alabama Street, Lower Pryor Street and Kenney's Alley, including any adjacent enclosed entrance structures, escalators and elevators, service areas and loading docks.

ii.

Notwithstanding the prohibition stated herein in section 10-211(c)(2)(i) above and in section 10-212 of the City of Atlanta Code of Ordinances, those establishments licensed to sell alcoholic beverages which are adjacent to and which have an entrance or exit into any of the following areas within Underground Atlanta commonly known as: "Kenny's Alley", "Lower Alabama Street", "Lower Pryor Street", the "Exchange Area" or the "Food Court" are not prohibited from allowing the removal and consumption of alcoholic beverages beyond their licensed premises as long as any such alcoholic beverages which are removed or consumed beyond the premises of the licensed establishment are consumed only within these specifically named areas within Underground Atlanta. Furthermore, "restaurants," as such term is defined in section 10-1 of this chapter, which are licensed to sell alcoholic beverages and which are adjacent to and which have an entrance or exit onto the portions of Upper Alabama Street which lie between Central Avenue and Pryor Street or between Pryor Street and Peachtree Street are not prohibited from allowing the removal and consumption of alcoholic beverages beyond their licensed premises as long as any such alcoholic beverages which are removed or consumed beyond the premises of the licensed establishment are only consumed within the above described portions of Upper Alabama Street and while patrons of such licensed restaurants are seated at tables owned by the restaurant which are completely enclosed, except for a single point of ingress and egress that is controlled by the licensee of such restaurant, by a wall, fence, shrubbery or other decorative material no less than 30 inches in height. Before any alcoholic beverage may be sold or consumed in any of the above-referenced areas, the management entity of the special entertainment district must utilize a security plan that has been approved by the Atlanta Police Department. Any time an additional restaurant which is licensed to sell alcoholic beverages leases space with an entrance or exit onto the portions of Upper Alabama Street which lie between Central Avenue and Pryor Street or between Pryor Street and Peachtree Street, and before any alcoholic beverages can be consumed off premises by patrons of the additional restaurant, the management entity of the special entertainment district must submit to the Atlanta Police Department a security plan reflecting such addition which must be utilized by the management entity-of the special entertainment district upon approval by the Atlanta Police Department.

iii.

Any alcoholic beverages which are consumed in either Kenny's Alley, Lower Alabama Street, Lower Pryor Street, the Exchange Area, the Food Court or on the above-described portions of Upper Alabama Street shall only be provided and sold by establishments licensed to sell alcoholic beverages for on premises consumption which have either an entrance or exit into Kenny's Alley, Lower Alabama Street, Lower Pryor Street, the Exchange Area, the Food Court or onto the portions of Upper Alabama Street which lie between Central Avenue and Pryor Street or between Pryor Street and Peachtree Street. Any alcoholic beverages which are consumed in any of the above-referenced areas shall be dispensed and transported only in plastic containers bearing the name of the respective licensed establishment from which the alcoholic beverage was dispensed.

iv.

Notwithstanding the definition of "premises" contained in section 10-1 of this chapter, alcoholic beverage licensees are required to adequately supervise and monitor the areas within which their patrons are lawfully allowed to consume alcoholic beverages and the failure to do so may be grounds to deny, revoke, suspend, or refuse to renew a license, or assess a fine against any licensee in accordance with the provisions of City of Atlanta Alcohol Code Section 10-109 if such violations are found to be attributable to the licensee.

v.

Kenny's Alley, Lower Alabama Street, Lower Pryor Street, the Exchange Area, the Food Court and the above-described portions of Upper Alabama Street shall be cleared of patrons within 30 minutes after the time set by section 10-209(e) and (f) of this chapter for the discontinuance of the sale of alcoholic beverages.

(3)

The provisions of section 10-8(b) of this Code, pertaining to the issuance of permits for special events, shall be applicable in special entertainment districts. Further, the provisions of section 10-126(a)(7) which provides as follows:

"(7) Each special event shall last a maximum of seven consecutive days, and no more than two special event permits shall be issued to any applicant in any calendar year, shall not be applicable to special events held within a special entertainment district.

a.

Section 10-212(b) prohibiting the removal of alcoholic beverages beyond a selling establishment's licensed premises shall not be applicable to special events held within a special entertainment district.

b.

The fee requirements of section 10-126 shall not apply to special events held within a special entertainment district unless the applicant is the current holder of an annual license for the sale of alcoholic beverages for on-premises consumption.

c.

The sale and consumption of alcoholic beverages during special events held within a special entertainment district shall be permitted only as follows:

1.

Monday through Sunday—12:00 noon until 2:00 a.m. of the following day.

2.

Sunday—12:30 p.m. until 12:00 midnight.

d.

Alcoholic beverages shall be dispensed and transported only in plastic containers during special events held within a special entertainment district.

(4)

Adult businesses, as defined in part 16, shall not be permitted in special entertainment districts.

(d)

Underground Atlanta. It is found and declared that the area of the central business district bound on the north by Wall Street, on the west by Peachtree Street and at one point, by Broad Street, on the south by Martin Luther King, Jr. Drive and on the east by Washington Avenue complies with the definition of special entertainment district as set forth in subsection (a) of this section and is established as the Underground Atlanta special entertainment district.

(Code 1977, §§ 14-2243—14-2246; Ord. No. 1996-04, §§ 1, 2, 1-8-96; Ord. No. 1996-13, § 1, 3-25-96; Ord. No. 2003-64, §§ 1, 2, 1-8-96; Ord. No. 2003-82, § 1, 7-29-03; Ord. No. 2005-38, §§ 1—4, 6-23-05)