§ 3-14-16. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcohol: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage: Includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

Distilled spirits: Any alcoholic beverage obtained by distillation or containing more than twenty-one (21) percent alcohol by volume, including, but not limited to, all fortified wines.

Fortified wine: Any alcoholic beverage containing more than twenty-one (21) percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

Grocery store: A retail business engaged primarily in the retail sale of food and groceries.

Malt beverage: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than six (6) percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.

Private club: Any nonprofit association organized under the laws of this state which:

(a)

Has been in existence for at least one (1) year prior to the filing of its application for a license to be issued pursuant to this chapter;

(b)

Has at least seventy-five (75) regular dues-paying members;

(c)

Owns, hires, or leases a building or space within a building for the use of its members, which building or space:

1.

Has suitable kitchen and dining room space and equipment; and

2.

Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and

(d)

Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. "Fixed salary" means the amount of compensation paid any member, officer, agent, or employee of a private club as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include any commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulations shall not be considered profits from the sale of alcoholic beverages.

Proper identification: A document issued by a governmental agency containing a description of the person and the person's photograph and the person's date of birth. By way of example only and without limiting the foregoing, proper identification may be a passport, driver's license, or an identification card authorized under the Official Code of Georgia. "Proper identification" shall never include a birth certificate.

Restaurant:

(a)

Any public place kept, used, maintained, advertised and held out to the public as a place where at least one (1) meal per day is served five (5) or more days a week during normal business operations; and

(b)

Having adequate and sanitary kitchen and dining room equipment and a minimum seating capacity of sixty (60) or having annual gross receipts showing a minimum of sixty (60) percent of revenue from the sale of food.

Retail dealer: Except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spirits, the term means any person who sells distilled spirits for beverage purposes by the drink, such sales for consumption only on the premises.

Special event: A gathering or event for which the promotor or other person, firm, or corporation holding or producing the event must obtain a permit under chapter 3-15 of the Code of Henry County adopted May 1, 1984, as amended.

Wholesale dealer: Any person who sells beer, wine or distilled spirits to retail dealers or other wholesale dealers.

Wine: Any alcoholic beverage containing not more than twenty-one (21) percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term "wine" does not including cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine.

(Ord. No. 82-3, § I, 3-16-82; Ord. No. 91-07, 9-24-91; Ord. No. 97-01, § 2, 2-5-97; Ord. No. 04-06, § 1, 2-3-04; Ord. No. 03-13, 6-20-03)

State law reference

Similar provisions, Official Code of Georgia Annotated, § 3-1-2(25).