§ 6-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed 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.

Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other 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 terms "beer" and "malt beverage" do not include sake, known as Japanese rice wine, but do include beverages known as "nonalcoholic" beer, which is made by fermentation of any infusion or decoction of barley, malt, hops or other products, and containing less than three percent, but more than 0.1 percent alcohol by volume.

Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form. Pursuant to O.C.G.A. § 3-5-36, brewpubs can also obtain licenses to sell to wholesalers, to consume commercially produced malt beverages, wine and distilled spirits on the premises.

Brewery means a place where malt beverages are manufactured or brewed.

Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to all fortified wines.

Eating establishment means An eating establishment shall be prepared to serve food every hour the establishment is open and shall derive at least 50 percent of the gross receipts annually from the sale of prepared meals or food.

Employee pouring permit means an authorization granted by the city to dispense, sell, serve, take orders for, or mix alcoholic beverages in an establishment licensed as a retail consumption dealer.

Farm winery means a domestic winery that is licensed as a farm winery by the state.

Fortified wine means any alcoholic beverage containing 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 "fortified wine" includes, but is not limited to brandy.

Growler means a reusable, resealable, and professionally sanitized glass or plastic 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 the City of Cornelia.

Hotel means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent or residential. Such business shall have one or more public dining rooms with an adequate kitchen. Motels meeting the qualifications set out in this definition shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment described in this chapter, and the holder of such franchise shall be included in the definition of a hotel pursuant to this definition.

Indoor commercial recreational establishment means and is limited to an establishment:

(1)

That regularly serves prepared food with a full-service kitchen (a full-service kitchen, as used in this definition, shall consist of a three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the health and fire departments) prepared to serve food every hour the establishment is open and deriving at least 50 percent of its total annual gross sales from the sale of prepared meals or food and recreation activities; and

(2)

Wherein the sale of food and alcoholic beverages is incidental to its primary enterprise and activity on the premises. The primary activity on the premises of the indoor commercial recreational establishment shall be family-oriented in nature, generally meaning that such use attracts a range of individuals from all age groups. Uses may specifically include, but are not limited to, dinner theaters, bowling centers, and other similar uses. Outdoor commercial recreation is not included, nor shall concession sales of alcoholic beverages be permitted in an outdoor commercial recreational establishment. The term "indoor commercial recreational establishment" does not include bingo parlors, dance halls, nightclubs, taverns, billiard parlors, video arcades, adult entertainment and/or sexually related entertainment activities, and similar uses.

Licensee means the individual to whom a license for the sale or distribution of distilled spirits, malt beverages, or wine under this chapter is issued. If a licensee is a partnership or corporation, the term shall include all partners, officers, and directors of the partnership or corporation.

Malt beverage means beer and 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 14 percent alcohol by volume and including ale, porter, brown, stout, lager, beer, small beer or strong beer. The term does not include sake, known as Japanese rice wine, but the term shall include, for purposes of this article, "hard cider" meaning an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent alcohol by volume, including, but not limited to flavored or carbonated cider.

Microbrewery means any brewery designed to accommodate the processing of fewer than 5,000 barrels of beer or ale within any consecutive 12-month period.

Nonresidential zone means the B-1, B-2, O-P, LI, HI and CBD zoning districts, as defined under the city comprehensive zoning ordinance.

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

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 retail sale of such wine as provided by law. Samples of wine can be given complimentary or for a fee.

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 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 "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 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 the point in the manufacturing process when it conforms to this definition.

(Prior Code, § 24-2; Ord. No. 01-05-01, § 1(24-3), 3-1-2005; Ord. No. 08-14-06, § I, 9-9-2014; Ord. No. 12-16-03, § 1, 1-3-2017)