§ 5.30.020. Definitions.

As used in this chapter, the term:

A.

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

B.

Banquet hall/events venue means a facility used for the purpose of hosting banquets, receptions, weddings, private parties, or other similar social events in which an average of three or more events are held each month on an annual basis. In addition, the facility must meet the following requirements:

(1)

Possess a current business license issued by Hall County;

(2)

Contain an "events area" of a minimum of 1,500 square feet, not inclusive of kitchen, restrooms, dressing rooms, etc.;

(3)

Possess a current catering license issued by Hall County;

(4)

Contain on the premises a commercially equipped kitchen;

(5)

The management of the facility shall be required to submit a monthly report on forms provided by the Hall County Business License Office detailing the amount of food and alcoholic beverage consumed/sold at each event.

B1.

Brown bagging means possession of an open glass bottle, can, or other container containing an alcoholic beverage or consumption of an alcoholic beverage on premises:

(a)

For which a county business license has been issued; and

(b)

[Which] occurs at a location different from where said alcoholic beverage was purchased.

C.

Director means the business license director for Hall County.

D.

Election day means that period of time beginning with the opening of the polls and ending with the closing of the polls. As used in this section, the term "election" is defined as any statewide primary election and the statewide general election and any runoff held for such primary or general election. The term also includes "local elections."

E.

Food caterer means any person who prepares food for consumption off the premises.

F.

Licensed alcoholic beverage caterer means any licensed consumption on the premises business that has been licensed pursuant to the regulations of this chapter for sales off the premises of alcoholic beverages for catered functions.

G.

Malt beverage means any alcoholic beverage obtained by any 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 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.

H.

Nonprofit private club means a corporation organized and existing under the laws of the state or a fraternal or veterans' organization associated with and a part of a recognized national fraternal or veterans' organization which is organized and operated exclusively for pleasure, recreation and other nonprofit purposes and which immediately prior to the application for a license hereunder:

1.

Has at least 100 members regularly paying dues; and

2.

Has tax exempt status under the provisions of section 501(a) of the U.S. Internal Revenue Code; and

3.

Owns or leases a building or space for the reasonable use of its members; and

4.

Has no members or officers, agent or employees of the club receiving compensation directly or indirectly in the form of commissions or other compensation based on the amount of profits from the sale of malt beverages and wines beyond the amount of such salary as may be fixed by its members at an annual meeting or by its governing body out of the general revenue of the club; and

5.

Has no part of the net earnings inuring to the benefit of any shareholder or member; and

6.

Has been in continuous operation for at least one-year prior to the application for a license hereunder.

I.

Premises means the space or area owned, leased or controlled by the licensee and used by him for the purpose of operating under the license. It shall be limited to one location for each license and there shall be a separate license for each premises outlet, except in the case of a licensee where:

1.

A golf course is located adjacent to and contiguous with a restaurant, premises shall include the playing area of the golf course.

2.

Where a SportsCar, SCCA (Sports Car Association of America), ACO (Automobile Club De L'Quest) CART (Championship Auto Racing Teams), or NASCAR (National Association for Stock Car Auto Racing) sanctioned motor sport road race track facility is located adjacent to and contiguous with a restaurant.

3.

In these exceptions the premises shall include the permanent concession points, grandstands and other event viewing areas; provided however, that alcoholic beverages may only be served at permanent concession points on the premises operated by the main licensed location and approved in advance by the county business license director or such other official as may be designated by the board of commissioners.

J.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and interior or exterior seating capacity of at least 30 people, with at least one meal per day being served for not less than three days a week for at least six months each calendar year, and the serving of such meals being the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto.

K.

Retail package means sales of malt beverages or wine packaged to go and not for consumption on the premises sales.

L.

Veterans' organization means a veterans group duly certified by their national organization and with a membership of not less than 25 persons.

M.

Wine means any alcoholic beverage containing not more than 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 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 contained in this chapter.

M1.

Farm winery means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located, and:

a.

Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilizes in the manufacture or production of wine by the winery; or

b.

Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production.

M2.

Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.

N.

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 quasi-public.

O.

Growler means a reusable, resalable, and professionally sanitized glass jug used to transport draft beer for off-premises consumption that is not to exceed 64 ounces and is filled with beer from a keg by a licensee, or an employee of a licensee with a malt beverage license for consumption off-premises issued by Hall County, Georgia.

(Res. of 11-13-97, § 1; Res. of 9-9-99; Res. of 1-26-06, §§ 1, 2; Res. of 6-8-06, § 1; Res. of 4-23-09(1), § 1; Res. of 4-26-12(2), § 1; Res. of 11-29-12(1), § 1; Res. of 4-24-14(1), §§ 3, 4; Res. of 11-29-12(1)(2), §§ 1, 2; Res. of 12-11-14(1), § 1)