§ 3-2. Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular include the plural number.

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

Bona fide nonprofit civic organization means an entity which is exempt from federal income tax pursuant to the provisions of 26 U.S.C. Section 501(c), (d) or (e). Proof of the non-profit status shall be by current valid copy of IRS 501-C3 or equivalent certification. Status will be not granted simply based on verbal or written representation of the applicant.

Brewpub shall mean any eating establishment in which malt beverages are manufactured, subject to the barrel production limitation prescribed in O.C.G.A. Code Section 3-5-36. As used in this paragraph, the term "eating establishment" means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food; provided, however, that when determining the total annual gross food and beverage sales, barrels of malt beverages sold to licensed wholesale dealers, as authorized pursuant to subparagraph (D) of paragraph (2) of O.C.G.A. Code Section 3-5-36 shall not be used.

Building shall mean any structure having a roof supported by columns or walls intended for shelter, housing or enclosure of persons.

Council shall mean the City Council of the City of Kingsland.

Consumption on premises shall mean the sale or offering to sell alcoholic beverages, malt beverages or wine for consumption on premises at retail only to consumers and not for resale. The license issued to such person shall be known as a "consumption on premises license."

Department shall mean the Department of Revenue, State of Georgia.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 24 percent alcohol by volume.

Fortified wine means any alcoholic beverage containing not more than 24 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 shall mean a United States gallon of liquid measure equivalent to the volume of 231 cubic inches or the nearest equivalent metric measurement.

Individual shall mean a natural person.

Keg means barrel or bulk container of malt beverage commonly known as tap or draft beer.

License officer is the administrative officer of the City of Kingsland Business License Department.

Licensed premises shall mean the building and real property described in the license application as approved by the city council where the sale of alcoholic beverages, malt beverages or wines is permitted to be sold.

Licensed retailer shall mean any person (not a producer) selling or offering to sell alcoholic beverages, malt beverages or wine in an original package not for consumption on the premises where sold and holding a valid license issued by the City of Kingsland and the State of Georgia.

Licensed wholesaler shall mean any person (not a producer) who sells or offers to sell alcoholic beverages, malt beverages or wine for purposes of resale to licensed retailers, to licensed wholesalers, or to persons holding a "consumption on premises license."

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 14 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.

Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term also means:

(1)

In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided, however, that a vintner that blends wine with distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits;

(2)

In the case of malt beverages, any brewer; and

(3)

In the case of wine, any vintner

Package means a bottle, can, keg, barrel or other original consumer container, as delivered by a licensed wholesaler to licensed retailer.

Package store shall mean a store licensed by the State of Georgia to sell distilled spirits not for consumption on premises.

Person shall mean an individual, firm, partnership, corporation, association, company, agency, syndicate, estate, trust, business trust, receiver, fiduciary or any combination acting as a unit, body politic, or political subdivision whether public, private or quasi-public.

Retail consumption dealer shall mean any person who sells or offers to sell alcoholic beverages, malt beverages or wine for consumption on the licensed premises.

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 shall have the same meaning as the term "retail package liquor store."

Taxpayer means any person made liable by law to file a return or to pay tax.

Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.

Wine means all alcoholic beverages containing not more than 24 percent alcohol by volume made from fruit, 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 does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

(Ord. No. 2007-14, 7-23-2007; Ord. No. 2012-06, 8-27-2012; Ord. No. 2017-04 , 5-22-2017; Ord. No. 2017-07 , 7-24-2017)