§ 3-1. Definitions.  


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

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

    Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine.

    Church means any permanent building where persons regularly assemble for religious worship.

    Distilled spirits means 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 means 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.

    Gallon or wine gallon means a United States gallon of liquid measure equivalent to the volume of two hundred thirty-one (231) cubic inches or the nearest equivalent metric measurement.

    Malt beverage means 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 does not include sake, known as Japanese rice wine.

    Manager means the person in charge of the day-to-day operations of the business establishment for which application is being made.

    Package means a bottle, can, keg, barrel, or other original consumer container.

    Person means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasipublic.

    Premises means the definite closed or partitioned establishment, whether room, shop, or building wherein alcoholic beverages are sold or consumed.

    Retail consumption dealer means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale.

    Retailer or retail dealer means, 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 in unbroken packages at retail only to consumers and not for resale.

    School property means property of state, county, city, or church schools and such other schools as teach subjects commonly taught in the common schools of this state, including playgrounds, athletic fields, tennis courts, and other instructional areas contiguous to such property which is used by any such schools for the purpose of teaching physical education, band, or other subjects which constitute a part of the school's curriculum.

    Special event means any organized for profit activity having as its purpose entertainment, recreation, and/or education which takes place on public property or takes place on private property but requires special public services such as the use of parks, public streets, rights-of-ways, or sidewalks as well as events that take place in local business establishments that are outside of the "normal" course of business. Special events may include, but are not limited to, activities such as run/walk events, cycling events, street festivals, parades, grand openings, sales promotional events, concerts, assemblies, block parties and certain outdoor promotional events.

    Wine means 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. The term 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 does not include cooking wine mixed with salt or other ingredients so as to render same 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 this definition.

(Ord. of 7-23-91, § 3-1; Ord. No. 2006-3, 11-22-06; Ord. No. 2012-1, § 1, 1-9-12)

State law reference

Similar provisions, O.C.G.A. § 3-1-2.