CITY OF BYRON  APPLICATION FOR LICENSE TO SELL SPIRITOUS, DISTILLED, FERMENTED OR MALT BEVERAGES  1. Applicant:  2. Agent for (Name of Business): 3. Address of Business: 4. Beverage (Beer, Wine, Liquor): 5. Type of Sale (Retail or Consumption): 6. Amount Deposited (Full amount of fee):  7. Date Application Filed: 8. Police Chief Recommendation: Approved/Dsapprovead) 9. Fire Chief Recommendation: Approve/Dsapproved) 10. Building Official Recommendation: (Approved/ Disapproved) 11.Approval to Issue License: (City Clerk) 12. Date License Issued:  Signature Signature Signature Signature  This application must be presented "in person" at the Byron Municipal Complex no later than December 10th, Please review the city ordinance on alcohol licenses at www.byronga.com prior to returning this application. Answers to all questions on the following pages must be provided and all recommendation signatures" must appear on application in order for the City Clerk to issue or renew a license.    CITY OF BYRON  ALCOHOLIC BEVERAGE LICENSE CHECKLIST  CITY CLERK APPROVAL  INITIAL  Application-Notarized / Current color photo ofapplicant Affidavit' Verifying Status for City Public Benefits-Notarized (Including a copy of] Drivers License or other verifiable document) Fee: Beer ($300), Wine ($150), Liquor (Pkg. togo$ $3500), and Certification from public accountant that 50% of gross revenue is derived from sale off food and beverages other than alcoholic beverages (Refers to consumption on the premises) Affidavit from the publisher oft the legal organ oft the City of Byron (The Leader Tribune) see sec. 4-49(b)(11)  Mixed Drink ($5000)  Performance Bond: Liquor ($1000) for pkg. stores and restaurants BUILDING.PLANNING & ZONINGAPPROVAL. Proof of Building, Planning & Zoning Code Compliance Building to be complete: attachment ofe evidence of ownership or copy oflease to application; Legal description of property Affidavit from land surveyor on distance requirements  POLICE CHIEF APPROVAL ($50 processing fee required) Security Camera Compliance Verified by: (Retail sales/Packaged to go only)  Fingerprinting gofapplicant through the Byron Police Dept.  Report of clearance from the Chief of Police. See sec. 4-49(b)(6)  FIRE CHIEFAPPROVAL Proof of Fire Safety Code Compliance    CITY OF BYRON  APPLICATION FORI LICENSE TOSELLSPIRITOUS, DISTILLED, FERMENTED OR MALT BEVERAGES  The undersigned hereby applies fora al license described herein at the location as described on oath says:  1 (a) Name and Address of applicant:  (b) Mationaltyofappicant, Bona Fide resident of Georgia since: (c) Approximate net worth of Applicant: $  Age:  Weight:  Height:  Sex:_  (d) Are there any co-owners, partners or others financially interested, either directly ori indirectly, in business for  which license is sought? Ifyes, give name, address, nature and extent ofinterest ofe each person.  2. (a) Name and Home address of manager (ifdifferent from applicant)?  (b) Nationality of manager: Bonal Fide resident of Georgia since:_  Age:  Weight:  Sex:_  3. give details.  Are there any other licenses held by relatives, associates or employees ofany person named in (1) above? Ifyes,  4.  Ifany of thep persons named in lor2 2a above have resided in Georgia less than five years, state name and give  details ofresidence for fivey years preceding date ofapplication.  5.  What liquor, wine or beer licenses have been held by any person named in 10 or 2 above during thel last five years?  6.  Has any license to sell liquor, wine or beer held by any person named in 1or2 2 ever been suspended or revoked?  Ifyes, give detailsi including date and reason for suspension or revocation and place of business involved.  2    CITY OF BYRON  APPLICATION FOR LICENSE TO SELL: SPIRITOUS, DISTILLED, FERMENTED OR MALT BEVERAGES  7.  Have any ofthep persons namedi in 1: and 2 above ever been convicted ofany criminal offense (excluding traffic  violations)? Ifyes, give details as to date, offense, court ands sentence.  8. 9.  Who owns the building where thel license is to be used?  Ifleased, state name(s) ofl lessor and! lessee and terms oflease.  10. (Y/N) Have any licenses to sell liquor, wine or beer ever been: suspended or revoked at this location?  11. 12. cityl law or regulation. 13.  Initialt that you agree toa abide by all the laws of the State of Georgia, ordinances ofthe City of Byron and Rules and Initial thaty you understand thaty your license, ifg granted, may be suspended or revoked for violation of any state or Initial that you understand that answers to questions and statements made anywhere in this application are under  Regulations of the Public Safety Committee of the Byron City Council.  oath and that theg giving of false information orwithholding of full statements will: subject you not onlyt to a revocation ofany  license, but mayalsos subjectyout to prosecution for perjury.  Signature of Applicant Signature of Partner (ifany)  Personally appeared before the undersigned: attestingofficer,  (applicant)  statements and answers given in this application are true and correct; and that nothing is withheld which the application  requires to be divulged.  SignatureofApplicant Signature of Partner (ifany)  Sworn to and subscribed before me Notary Public, Peach County, Georgia  This.  day of.  20_  3    AFFIDAVIT VERIFYING STATUS FOR CITY PUBLIC BENEFIT APPLICATION  By executing this affidavit under oath, as an applicant for a City of Byron, Georgia Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit or other public benefit as referenced in O.C.G.A. Section 50-36-1, I am stating the following with respect to my application for a City of Byron, Business License or Georgia Occupational Tax CertificateAlcohol LicenseTaxi Permit or other public person applying on behalfofindividual, business, corporation, partnership, or other  benefit (circle one) for private entity] 1) OR 2)  [Name of natural  Iam a United States citizen  lam a legal permanent resident 18 years of age or older orl Iam an otherwise qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully  present in the United States.*  Inn making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty ofa violation of Code Section 16-10-20  of the Official Code of Georgia.  SignatureofApplicant: Date  Printed Name:  SUBSCRIBED AND: SWORN BEFORE ME ON THIS' THE DAYO OF. Notary Public My Commission Expires:  20  Alien Registration number for non-citizens  *Note: OACGA.S0-36-1le/2) requires that aliens under the federal Immigration and Nationality Act, Title 81 U.S.C., as amended, provide theiralien registration number. Becausel legal permanent residents arei included in the federal definition of' "alien", legal permanent residents must also provide their alien registration number. Qualified aliens that do not have an alien registration  number may supply another identifying number below:    Private Employer. Affidavit Pursuant To O.C.G.A. $36-60-6(d)  By executing this affidavit under oath, the undersigned private employer verifies one of the following with respect toi its application for al business license, occupational tax certificate, or other document required to operate a business as referenced in O.C.G.A. $ 36-60-6(d):  Section 1. (A).  Please check only one:  On January 1" of the below-signed year, the individual, firm, or corporation employed more than ten (10) employees'.  *** If you select Section 1(A), please fill out Section 2 and then execute below.  (B).  OnJ January 1" of the below-signed year, the individual, firm, or corporation employed ten (10) or fewer employees.  *** If you select Section 1(B), please skip Section 2 and execute below. The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. $3 36-60-6. The undersigned private employer also attests that its federal work authorization user identification  Section 2.  number and date of authorization are as follows:  Name of Private Employer  Federal Work Authorization User Identification Number  Date of Authorization  Ihereby declare under penalty of perjury that the foregoing is true and correct.  Executed on  ,20. in  (city),.  (state).  Signature of Authorized Officer or Agent  Printed Name and' Title of Authorized Officer or Agent  SUBSCRIBED AND SWORN BEFORE ME  ON" THIS THE. NOTARY PUBLIC My Commission Expires:  DAY OF.  20i  'To determine the number of employees for purposes of this affidavit, al business must count its total number of employees company-wide, regardless of the city, state, or country in which they are based, working at least 35 hours  a week.    City of Byron Applicant Privacy Notification Policy  Standard Operation Procedure  Effective:  04/30/2019  Notification  The City of Byron employs/licenses Alcohol License and as part of the process conducts fingerprint based background checks through the Georgia Crime Information Center. Prior to fingerprinting each individual must complete an application and receive a copy of both the Applicant Privacy Rights and the Privacy Act Statement. The City of Byron provides the applicant with the privacy rights via a copyi is Once the appliçant has read and understands the Applicant Privacy Rights and the Privacy Act Statement they will sign the form stating the notification was received and maintain such document for no less  provided int the application packet.  than three years. Record Challenge/Correction  Ifan applicant chooses to challenge the accuracy oft the criminal history records or needs to correct or update the record they will be given thirty days to do so. The applicant is notified that the procedures for challenging an FBI record are set forthi in 28 CFR 16.30 through 16.24 and the proçedure for challenging a Georgia record can be found on the GBI website. The applicant will not be given a copy of  the criminal history record. Appeal Process  The applicant is provided an opportunity to appeal an adverse decision based on the criminal history record information provided from the fingerprint based background check by requesting a hearing by  the mayor and council in writing.    NON-CRIMINAL JUSTICE APPLICANT'S PRIVACY RIGHTS  As an applicant that ist the subject ofa Georgia only or a Georgia and Federal Bureau of Investigation (FBI) national ingepin/biometit-based criminal history record check forar non-criminal justice purpose (such as an application for ajob or license, immigration or naturalization, security clearance, or  adoption), you have certain rights which are discussed below.  You must be provided written notification that your ingerprintsybiometrics will be used to check the criminal history records maintained by the Georgia Crime Information Center Ifyour fingerprints/biometies: are used to conduct al FBI national criminal history check, you are provided a copy ofthel Privacy Act Statement that would normally appear on the FBI Ifyoul have a criminal history record, the agency making a determination ofyour suitability for thej job, license, or other benefit must provide you the opportunity to complete or The agency must advise you oft the procedures for changing, correcting, or updating your criminal history record as set forth in Title 28, Code of Federal Regulations (CFR), Section Ifyoul have a Georgia or FBI criminal history record, you should be afforded a reasonable amount oft time to correct or complete the record (or decline to do so) before the agency denies you the job, license or other benefit based on information int the criminal history Int the event an adverse employment or licensing decision is made, you must be informed of alli information pertinent to that decision to include the contents of the record and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor [O.C.G.A. $35-3-34(b) and $35-3-  (GCIC) and the FBI, when ai federal record check is sO authorized.  fingerprint card.  challenge the accuracy oft the information in the record.  16.34.  record.  35(b)).  You have the right to expect the agency receiving the results of the criminal history record check will use itd only for authorized purposes and will not retain or disseminate iti in violation ofs state and/or federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Ift the employmentlicensing: agency policy permits, the agency may provide you with a copy ofy your Georgia or FBI criminal history record for review and possible challenge. Ifagency policy does not permit it to provide you a copy of the record, information regarding how to obtain a copy ofyour Georgia, FBI or other state criminal history may be obtained at the GBI website ntpi/gDigeorgia.gagovobainingcrmimal-hstony-record-information),  Prevention and Privacy Compact Council.  Ify you decide to challenge the accuracy or completeness of your Georgia or FBI criminal history record, yous should send your challenge to the agency that contributed the questioned information. Alternatively, you may send your challenge directly to GCIC provided the disputed arrest occurred in Georgia. Instructions to dispute the accuracy ofy your criminal history can be obtained at the GBI website  lmpygigeogagpwobanngeiminaisopnrecon-infommation,    PRIVACY ACT STATEMENT  Authority: The FBI's acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 U.S.C. 534. Depending on the nature ofy your application, supplemental authorities include Federal statutes, State statutes pursuant to Pub. L. 92-544, Presidential Executive Orders, and federal regulations. Providing your fingerprints and associated information is voluntary; however, failure to do sO may affect completion or approval of your application. Principal Purpose: Certain determinations, such as employment, licensing, and security clearances, may be predicated on fingerprint-based background checks. Your fingerprints and associated infommationbiometrics may be provided to the employing, investigating, or otherwise responsible agency, and/or the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI's Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible agency. The FBI may retain your fingerprints and associated informationbiometrics in NGI after the completion of this application and, while retained, your fingerprints may continue to be compared against other fingerprints  submitted to or retained by NGI.  Routine Uses: During the processing of this application and for as long thereafter as your fingerprints and associated infommationbiometrics are retained in NGI, your information may be disclosed pursuant to your consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in thel Federal Register, including the Routine Uses for the NGI system and the FBI's Blanket Routine Uses. Routine uses include, but are not limited to, disclosures to: employing, governmental or authorized non-governmental. agencies responsible for employment, contracting, licensing, security clearances, and other suitability determinations; local, state, tribal, or federal law enforcement agencies; criminal justice agencies; and agencies responsible for national security or public safety.    Applicant Privacy Rights Notification Signature Form  Applicant Notification and Record Challenge:  Your fingerprints will be used to check the criminal history records of the FBI. You have the opportunity to complete or challenge the accuracy of the information contained in the FBI identification record. The procedure for obtaining a change, correction or updating an FBI identification record is set forth in Title Procedures for obtaining a copy of the FBI criminal history record are set forth in 28CFR1630-1633  28 Code of Federal Regulations 16.34.  or go to the FBI website at http:/bigov/aboutus/cis/Dackground-check;  Signature  Print Name  Date  Applicant Privacy Right Notification! Signature Form  Page: 1of1  Rev. 20170526    CITY OF BYRON AND PEACH COUNTY NOTICE OF FILE REQUEST FOR BEER AND WINE LICENSE  PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF BYRON, PART II, CHAPTER 4, ARTICLE I, SECTION 4-49,(11) NOTICE IS HEREBY GIVEN THAT ON OR AFTER THE  DAY  OF (MONTH).  (YEAR).  THE UNDERSIGNED WILL APPLY TO THE CITY OF BYRON FOR THE ISSUANCE OF A LICENSE FOR THE RETAIL SALE OF BEER AND WINE AT AN ESTABLISHMENT KNOWN AS:  NAME OF ESTABLISHMENT:  LOCATED AT:  CITY OF BYRON, GEORGIA 31008  APPLICANT: ADDRESS:  NOTE- THIS ISA SAMPLE AD. YOU MAY NEED TO CHANGE THE AD TO READ THAT YOU ARE APPLYING FOR BEER, AND/OR  WINE, AND/OR LIQUOR.  **Legal Organ, Leader Tribune number: 478-825-2432    Procedure for Issuing a Business License (Occupationalilax) Customer Completes the Application - Check to see ifother licenses  apply (State, etc.)  Advise Customer of Processing Time (5-10 Business Days) Give the Application and Check-list to Planning and Zoning  Planning and Zoning Inspects the Building Type License when the Building Passes Inspection. Collect Fee when Customer picks up License.    10/13/22, 1:10 PM  Byron, GA Code of Ordinances  Chapter 4-A ALCOHOLIC BEVERAGES  Footnotes: - (1) :e-  Cross reference- Businesses and business regulations, ch. 10: alcoholic beverages ori illegal drugs on premises ofa amusements  arcades, S 10-34: public intoxication, $24-4.  ARTICLEI.-1 INC GENERAL  Sec. 4-1,-Definitions.  Unless otherwise defined in this section, the definitions contained within O.C.G.A. title 3 shall be applicable to this chapter. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them Alcoho/means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever Alcoholic beverager means and includes all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine. Distilled spirits means any aicoholic beverage obtained by distillation or containing more than 21 percent alcohol by  int this section, except where the context clearly indicates a different meaning:  process produced.  volume, including, but not limited to, all fortified wines.  Establshmentmeans any physical location or section thereof for the sale of alcoholic beverages.  Fortified winemeans 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 includes, but License means the permit granted to a licensee for the operation of an establishment for the sale of alcoholic Licensee means any person engaged in selling or conducting the sale, at retail or wholesale, of any alcoholic Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction ofbarley, malt, hops, or any similar product or any combination ofsuch products in water, containing not more than six percent alcohol by volume and including ale, porter, mead, brown, stout, lager beer, small beer, and strong beer. The term does  is not limited to, brandy. beverages. beverages.  not include sake, known as Japanese rice wine.  (Code 1987,53-1;Ord. of12-6-1999; Ord. of4-13-2000; Ord. No. 2021-4, 3-8-2021)  Cross reference- Definitions generally,51-2. Sec. 4-2.- Copy of chapter kept on premises.    10/13/22, 1:10PM  Byron, GA Code of Ordinances  All holders ofal license for the sale of alcoholic beverages shall keep a copy of this chapter on the premises and shall instruct any person working there with respect to the terms of this chapter, and each licensee or his agents selling  alcoholic beverages shall at all times be familiar with the terms of this chapter. (Code 98/,1320rd.0f12619, Ord. No. 2021-4, 3-8-2021) Sec. 4-3.- Availability of investigation reports on applicants for license.  The applicant for a license under this chapter shall execute a consent statement that:  (1) Alln necessary investigation reports on the applicant, including, but not limited to, credit reports and  reports from law enforcement agencies, may be obtained; (2) Any information in these reports may be furnished to the city; and (3) The applicant will be responsible for the costs thereof.  (Code 1987,53-3;Ord. of12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4, 3-8-2021)  Sec. 4-4. Inspection and conduct of licensed premises.  All licenses issued under this chapter shall be subject to, and all licensees shall observe and obey, the following:  (1) Inspection. The place of business shall at all times, during the period allowable by law for operation of the business, be open to inspection by the police department or any officer thereof and/or to any person (2) Boisterous conduct. No boisterous, noisy or disorderly conduct will be permitted in or about the place of (3) Standing. No licensee for the sale of alcoholic beverages can serve any customer who is not seated, it being the purpose of this chapter to prohibit being served while standing at the bar or while standing in  designated by the chief of police or city administrator.  business.  any other part of the establishment. (4) Adult entertainment.  a. Itshall be unlawful for any person maintaining, owning or operating a commercial establishment located within the city, at which alcoholic beverages are offered for sale for consumption on the 1. Suffer or permit any female person, while on the premises of such commercial establishment, to expose to the public view that area of the human breast at or including any part of the areola 2. Suffer or permit anyf female person, while on the premises of such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate any portion oft the human breast as described in subsection (4)a.1. of this section. 3. Suffer or permit any person, while on the premises of such commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus, anal cleft or cleavage. 4. Suffer or permit any person, while on the premises ofs such commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genital, pubic  premises, to:  thereof.    IUIISILL, IIUPM  Byron. GA Code ot Ordinances  area.  b. leshall be uniawful for any female person. whiie on tne premises of a commercial establishment located within the city. at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view that area of the human female breast at or below the areola thereof or to employ any device or covering which is intended to give the appearance or simulate Itshall be unlawful for any person, while on the premises of a commercial establishment located within the city, at which alcoholic beverages are offered for sale for consumption on the premises, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage or to empioy any device or covering which is intended to give the appearance of or simulate the genitais, d. The provisions of this subsection will also apply to the outdoor or indoor areas adjacent to or in the  such areas oft the female breast as described int this subsection.  pubic area, buttocks, anus or anal cleft or cleavage.  vicinity of the premises.  (Code 1987,93-4;Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-5.-C Off-premises sales prohibited,  No retailer shall sell or deliver any alcoholic beverage to any person except in the retailer's place of business.  (Code 1987, 53-5; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-6.- Maintenance of premises.  Eachi licensee under this chapter shall keep and maintain anorderly, respectable and sanitary place of business.  (Code 1987,53-6; Ord. No. 2021-4, 3-8-2021) Sec. 4-7.-5 Signs ofl licensed retailers.  All signs of licensed alcoholic beverage retailers shall meet the requirements of the state department of revenue  alcohol regulations.  (Code 189/1380rd.dfi2619, Ord. No. 2021-4, 3-8-2021)  Sec. 4-8.-1 Identification check.  Itshall be the duty of any person selling or otherwise furnishing alcoholic beverages to any person to request to see and to be furnished with proper identification in order to verify the age of such person. For purposes of this section, the term "proper identification" means any document issued byag governmental agency containing a description of the person, such person's photograph or both and giving such person's date of birth and includes without being limited toa a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. S5 40-5-100- 40-5-105. The term "proper identification". shall noti include al birth certificate and shall noti include any traffic citation or  complaint form.  (Code 8,390dor2619, Ord. of4-13-2000; Ord. No. 2021-4,3-8-2021)  aboutblank  3/18    10/13/22. 1:10PM  Byron, GA Code of Ordinances  Sec. 4-9.-Security cameras required for certain establishments selling alcoholic beverages; penalty.  (a) Any licensee which sells any alcoholic beverage packaged to go, is hereby required to install a continuous video recording system dedicated to each register area with cameras and lens ofa a type, number and location approved by the chief of the police department. Such cameras must be capable of producing a retrievable andi identifiable image ont film or tape that can be made a permanent record and that can be enlarged (b) Cameras meeting the requirements oft this section shall be maintained in proper working order at all times and shall bei in operation during all hours in which such establishment is opened for business. The camera shall be subject to monthly inspections by the chief of police and establishments must have immediate availability of al back-up camera system in the event the primary system becomes inoperable. Ifa crime occurs or an employee believes a crime has occurred, the police department shall be contacted immediately (c) Violation of any provisions under this section shall constitute an offense and: shall be punishable as follows: (1) First offense. Minimum fine of $250.00. In addition to such fine, the judge ofmunicipal court may impose, at his discretion, a suspension of all city alcoholic beverage licenses at the establishment for a period of (2) Second offense. Ifwithin 12 months of the first offense: A minimum fine of $350.00 and a suspension of  through projection or other means.  and the film retrieved by a designated police officer.  time not to exceed 30 days.  alla alcoholic beverage licenses at the establishment for a minimum of 60 days.  (Ord. No. 2012-8,9-10-2012; Ord. No. 2021-4, 3-8-2021)  Secs. 410-440.-Reserved. ARTICLEIL.-LICENSE  Sec. 4-41.-General requirements; posting.  (a) Thel license ofe every operator of any establishment for the retail sale of alcoholic beverages must be posted (b) The provisions oft this article shall apply to all holders of al license to sell alcoholic beverages. (c) All licensees shall at allt times comply with federal and state laws, city ordinances and the rules and regulations of the state revenue commissioner, including licensing qualifications.  inac conspicuous place and in such a manner that it can be readily seen.  (Code 1987,53-31;Ord. of12-6-1999; Ord. No. 2021-4,3-8-2021)  Sec. 4-42.-L License fee for sale of beer.  (a) The annual fee for a retail license to sel! beer for consumption on the premises and by the package shall be (b) Such annual license fee may be issued initially or may be prorated on a quarterly basis upon payment oft the  asp prescribed byt the schedule of fees and.charges.  number of quarters or parts of all quarters remaining int the calendar year.  ahnut-hlonk  A140    10/13/22. 1:10 PM  Byron, GA Code of Ordinances  (Code 1987,53-32; Ord. of12-6-1999; Ord. No. 2021-4,3-8-2021)  Sec. 4-43. - License fee for sale of wine.  (a) The annual fee fora ar retail license to sell wine for consumption on the premises and by the package shall be (b) Such annual license fee may bei issued initially or may be prorated on a quarterly basis upon payment of the  as prescribed by the schedule off fees and charges.  number of quarters or parts of all quarters remainingi in the calendar year.  (Code 1987, $3-33; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021) Sec. 4-44. License fee for sale of alcoholic beverages by wholesalers.  (a) The annual fee for a wholesale license fort the sale of alcoholic beverages shall be as prescribed by the  schedule of fees and charges. (b) Such annual fee shall not be prorated. (Code 1987,53-34; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-45.- License fee for sale of distilled spirits.  The annual fee fora a retail license to sell distilled spirits for consumption on the premises and by the package: shall be  as prescribed by the schedule of fees and charges.  (Code 1987,53-34.1;Ord.0f12-6-1999; Ord. No. 2021-4, 3-8-2021) Sec. 4-46.- Separate license required for each place of business.  As separate retail alcoholic beverage license shall be required for each place of business.  (Code 1987, 53 3-35; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-47.-E Expiration.  Alcoholic beverage licenses will expire on December. 31. (Code 1987, 53-36; Ord. of1 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-48.-Renewal.  (a) All alcoholic beverage licenses in this article may be renewed by payment of the required fees, provided that: (1) Applications for renewal of existing licenses are made inj person by the applicants at the office oft the city clerk between December 1 and December 15 ofe each yeart for the succeeding, year, and the prescribed Prior to renewal, the licensee's criminal history shall be reviewed and cleared by the chief of police to verify that there have been no criminal convictions since the last date of licensee's letters of clearance  license fee paid at the time of filing.  and that no criminal charges are currently pending.    10/1322.1:10PM  Byron. GA Code of Ordinances  (2) The licensee and locationremain the same.  (3i The censeeserumstances would enaple hm to qualify for a lcense ifthe renewar were a new (4) The liçensee is still in compliance with the requirements of state and city laws and regulations pertaining to the original issuance of the license and pertaining to the operation of the business under the license at  application.  the time of application for renewal.  (b) Ifacomplaint is received as to the licensee's alleged violation of state or city law or regulation before December 31 of the license year or 30 days after the application for renewal is received, whichever date is later, the license shall not be renewed but shall be referred to the city council for a decision as to whether (1) The city council shall conduct al hearing after giving the licensee reasonable notice of the time and place (2) The licensee may remain open for business until a decision by the city council is made and shall have a period of three days following that decision in which to pay the required fees if the decision of city council  renewal shall be granted as follows:  ofsuch hearing, as well as the purpose thereof.  is to permit renewal of the license.  (Code 1987,53-37; Ord. of12-6-1999; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021)  Sec. 4-49.-Application.  (a) No license for the sale of alcoholic beverages at retail shall be granted until the application, accompanied by acertified check or cash in the amount required for the license, setting forth the name of the owner, the business and its location, shall have been approved by the city clerk. The application must be cleared by the chief of police, the fire chief, the building inspector and the zoning enforcement officer for compliance to applicable requirements prior to submission to the city clerk. If upon consideration of the application, the city clerk determines that the application meets the requirements as set forth in this chapter, the city clerk shall issue the license. No person shall sell or attempt to sell alcoholic beverages at wholesale or retail until he has (b) The city application shall be a photostatic or other copy of all the appropriate state applications and forms  received the city and state licenses authorizing them to do so.  along with a city supplemental application form attached along with the following:  (1) Proof of planning and zoning compliance. (2) Proof of building code compliance. (4) Acurrent photograph of the applicant.  (3) Al legal description of the property upon which the premises are located. (5) Fingerprints of the applicant to be taken by the police department.  (6) Areport of clearance from the chief of police, or his designee, indicating that the applicant has no criminal charges pending in the record, and/or that the applicant has no convictions in the record of any felony in the federal and/or superior courts ini the past ten years; or any misdemeanor convictions, other  than traffic violations, in any courti in the past two years.  (7) Reserved.  (8) An affidavit from as state-registered land surveyor or the city engineer stating that the establishment  ahrt-hlank  6/1R    10/13/22, 1:10PM  Byron. GA Code of Ordinances  complies with the distance requirements contained in this chapter.  (9) A personal performance bond conaitionea upon tne applicant anc tne appliçants empioyees at the licensed establishment complying with all laws, ordinances, rules and regulations of the city governing the issuance and control of alcoholic beverage licenses. The bond shall remaini in force as long as the license and its renewals are valid and subsisting and shall be for the following amounts: a. - Foraspirituous liquor retail or consumption on the premises license, $1,000.00; or b. Such bond may be declared forfeited by the city council, in whole or part, for a violation of this (10) Sufficient financial information shall be provided to the city concerning the applicant's financial status. (11) An affidavit from the publisher of the legal organ of the county showing that the applicant has advertised his intention to make application to the city clerk for the issuance of a license. Such advertisement shall bei in such form as the city may from time to time prescribe, and shall be published in said legal organ, once a week for two consecutive weeks prior to submitting the final application to the city clerk. Such advertisement: shall contain a statement showing the type of license applied for, the location of the proposed business, and the name and address of the applicant. When the advertisement required by this section has been published, the applicant shall obtain an affidavit of publication and attach it to the  chapter.  application.  (c) The application shall also contain a form of oath providing that the information disclosed in the application is true and correct and providing, further, that the applicant will abide by, observe and conduct his or her other business according to the rules and regulations prescribed by the city and alla applicable state and federal laws and regulations. The oath shall be taken by the applicant and the agent in charge of the establishment if different from or additional to the applicant, and the oath shall be taken by the true owners. (d) The age and residence requirements for ar retail liquor license, the responsibility of the licensee and general (1) Nol license for the sale of beer, malt beverages, wine or distilled spirits shall be granted to any person (2) Nol license for the sale of beer, malt beverages, wine or distilled spirits for consumption on the premises shall be granted to any person unless the licensee derives at least 50 percent oft their gross revenue from the sale of food and beverages other than alcoholic beverages. Applicants for al license for the sale of beer, malt beverages, wine or distilled spirits for consumption on the premises shall complete an application form and affidavit furnished by the city clerk. Applicants shall submit to the city cierka certification by a public accountant that the applicant meets the requirements set out in this subsection. This certification shall be based uponar review of the applicant's total gross annual income for the licensed location during the 12 months immediately preceding the application for al license under this section. If the applicant has been in business for less than 12 months at the proposed location for Sunday sales, such certification shall be for the time that the applicant has been in business, annualized. Ifthe applicant is filing an appliçation for a new business, a certification from a public accountant will not be required for the initial application, but instead the applicant must certify under oath that the person applying for the alcohol license intends to meet the requirements set outi in this subsection.. A certification from a public accountant willl be required upon each renewal thereafter.  requirements for the application are as follows:  unless the person is 21 years of age prior to fling an application for the license.  7140    10/13/22, 1:10PM  Byron, GA Code of Ordinances  Notwithstanding the foregoing, there shall be no requirement to derive gross revenues from the sale of focd or beverages other than alcoholic beverages for those retai! wine establishrents that permit wine casting in connection with its retail sales. Each such establishment shall however, be required to purchase a consumed on the premises license as well as a retail sales license. Wine tasting shall be defined as providing as sample or samples of wine available for sale in an amount not to exceed one ounce per  sample and not to exceed eight samples per person.  Licensees for the retail sale of distilled spirits conducting tastings at retail package liquor stores pursuant toO.C.G.A. 53-15-2 shall submit notification of tasting events to the chief of police and code enforcement officer a minimum of one week in advance of the event. Such notice shall be signed by the licensee and shall identify which type of alcoholic beverage is being served (distilled spirits or malt beverages or wine), as well as the hours, date, and exact location within the licensed establishment where che event will be held. Such notice shall further attest that the licensee will hold the tasting event in accordance with the a. That the event will only be held during times at which such alcoholic beverages may be lawfully sold b. That only one tasting event will be held that day on the licensed premises and such tasting event shall That only one type of alcoholic beverage will be served at a tasting event, either malt beverages, wine, or distilled spirits; provided, however, that more than one brand of such type of alcoholic beverage may be offered sO long as not more than four packages are open at any one time; d. That if the tasting event is for malt beverages, a consumer shall not be served more than eight ounces of malt beverages during such tasting event. If the tasting event is for wine, a consumer shall not be served more than five ounces of wine during such tasting event. If the tasting event is for distilled spirits, a consumer shall not be served more than one and one-half ounces of distilled spirits during e. That only alcoholic beverages that the licensee is licensed to sell on the liçensed premises will be offered as part of a tasting event, and such alcoholic beverages shall be part of the licensee's . That only food that is lawful to sell on the licensed premises, under state law may be served as partof That any operator or employee of the licensee may refuse to provide any brand, type, or quantity of h. That any broken package containing alcoholic beverages on the licensed premises that is not licensed for retail sales for consumption on the premises shall be kept locked in a secure room or cabinet by That representatives and salespersons of manufacturers or wholesalers shall not host the event, pour any alcoholic beverage, or provide anything of value to any consumer or to the licensee or an That such event will not constitute more than the 52nd such event within a one-year period of time.  requirements of state law, including, but not limited to:  on such licensed premises; not exceed four hours;  such event;  inventory;  at tasting event and that such food shall be offered at no cost to the consumer;  alcoholic beverage to any consumer;  the operator of the licensed premises except when in use during the event;  employee of a licensee; and  ahnat-hlank  RMR    10/13I2L, 1:1UPM  Byron, GA Code of Ordinances  The city may. buti is not required to, promulgate. a form for use by licensees providing notice to the city by (3) The licensee shall be responsible for the management and operation of the business for which the license (4) The applicant shall make a sworn statement of his qualifications according to subsections (dX1)through (3)ofthis section and shall place it on file with the clerk before any license is issued. (5) Ifthe application covers ap partnership, all members of the partnership must be qualified to obtain a license, one member of the partnership must be a resident of Georgia, and all members oft the (6) A license may be granted to a corporation existing under thel law of the state or to at foreign corporation authorized to do business in the state; provide,however, that any such corporation shall be required to designate a resident of Georgia asi its local agentre responsible for compliance with allt the requirements of  any licensee desiring to hold such an event.  isgranted.  partnership must make sworn statements of those qualifications.  this chapter and authorized to accept alls services of notice. (7) Allapplications for licenses shall be made in person.  (8) Alla applications for licenses under this chapter and all actual owners of establishments for which licenses are sought shall be bona fide residents of Georgia at the time oft the filing of the application and shall remain bona fide residents of Georgia during all times that the licenses and renewals thereof are in  effect.  (e) Any statement ona an application for al license to sell alcoholic beverages which shall later be found to be false oranyo omission of facts shall subject the applicant to prosecution for perjury under the laws oft this state. (Code 1987,53-38; Ord. of 12-6-1999; Ord, of4-3-2000; Ord. of4-13-2000; Ord. No. 2004-3, 53-39,12-29-2004; Ord. No. 2005-1,53-38, 3-1-2005; Ord. No. 2008-13, 10-13-2008; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021)  Sec. 4-50.-1 Issuance ofl license to persons with prior convictions prohibited.  No license under this chapter shall bei issued, renewed or transferred to any person where anyi individual having an interest either as owner, partner, principal stockholder, directly or indirectly, beneficial or absolute, shall have been convicted or shall have taken a plea of nolo contendere within ten years immediately prior to the filing of the application for any felony or conviction oft two or more misdemeanors of any state or of the United States or violation of any municipal ordinance except traffic violations within two years. The term' conviction" shall include an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of al bond inj part ori in whole when charged with a crime.  (Ord. No. 2009-4,8-20-2009; Ord. No. 2021-4, 3-8-2021)  Editor's note- Ord. No. 2009-4, adopted Aug. 10, 2009, amended! S 4-50 ini its entirety to read as herein set out. Former 54-50 pertained to character of applicant and employees, and derived from the Code of 1987, ,53-39; and an ordinance  adopted Dec. 6, 1999. Sec. 4-51.-Grounds for denial.  (a) No license shall be granted to any person for the operation of an establishment offering the sale of alcoholic beverages ina any area prohibited byl law or by the zoningregulations for the city. No license shall bei issued  aboutblank  9/18    10/13/22, 1:10PM  Byron, GA Code of Ordinances  unless the applicant complies with all other applicable licensing requirements oft this chapter. (D) NO furtner retari deaier lcenses for che saie of aistilled spirits shall pe issued wnen the total number of Such licenses issued and in effect would number more than one for each! 500 persons residing in the city. Iti is the intent of the subsection to require a population of 500f for each license issued. For example, if the population equals 2,500, five licenses may bei issued; ift the population equals 3,000, six licenses may bei issued. Ifa licensee shall go out of business ori ifal license is revoked and the number ofsuch licenses in effect shall continue to exceed the limit prescribed in this subsection, such license may not be reinstated. The population shall be determined by the most current official statistics, including official estimates, as prepared by the  Bureau of Census, U.S. Department of Commerce.  (Code 1987, .53-40: Ord. of12-6-1999: Ord. No. 2002-15, 12-9-2002; Ord. No. 2009-4, 8-10-2009; 2009-6, 11-9-2009; Ord.  No. 2021-4, 3-8-2021)  Sec. 4-52.-Building to be complete; attachment ofe evidence of ownership or copy of lease to application.  No alcoholic beverage license shall be issued to any person unless the building in which the establishment will be located is complete, and every applicant for a retail license shall attach to his application evidence of ownership or a  copyo ofa al lease/rental agreementi if the applicanti is leasing or renting the building. (Code 1987, 53-41; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-53.-Compliance with chapter required. with the provisions of this chapter.  No person shall operate an establishment involving the sale of alcoholic beverages without having first complied  (Code 1987, $3-42; Ord. of 12-6-1999; Ord. No. 2021-4,3-8-2021) Sec. 4-54.- Proximity of premises to churches, school buildings or other sites.  (a) Distilled: spirits. No new license shall bei issued for the sale of any distilled spirits for al location, nor shall any existing license be transferred to a new! location, that does not meet the proximiyrequrements: of O.C.G.A.S  3-3-21.  (b) Wine or malt beverages.  (1) No new license shall bei issued for the sale of any wine or malt beverages for al location, nor shall any existing license bet transferred to a new location, that does not meet the proximiyregurements: of (2) Notwithstanding subsection (b)(1) oft this section, any! location licensed for wine or mait beverages as of December 6, 1999, shall be grandfathered. Any grandfathered location that is unlicensed for any period of12 months or more: shall lose its grandfathered status and shall be licensed as a new location. (3) Nothing in this subparagraph. shall prohibit as grocery store licensed for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any school building, or college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term' "grocery store" means a, retail establishment which  0.C.G.A.53-3-21.    10/1322.1:10PM  Byron, GA Code of Ordinances  has a total retail floor space of atl least 10,000 square feet, of which at least 85 percent is reserved for the sale of food and other nonalcoholic items. and conducts all ofi its sales inside the building containing its (c) Otherpackage liquorretailers. No newl license shall bei issued for the retail sales of package liquor fora location, nor shall anye existing license be transferred to a new location in or within 1,500 feet of any other (d) Measurement of distance; definitions. For the purpose of this section, distance shall be measured by the most direct route oft travel on the ground. Each application for al license shall show the location oft the proposed building and the distance to the nearest church building, school building, educational building, school grounds and alcohol treatment center. The term "building" or 'educational building" referred to in this section shall apply only to state, county, city or church school buildings and to such other buildings at such other schools as teach the subjects commonly taught in the common schools and colleges of this state. (Code 1987, $3-43; Ord. of1 12-6-1999; Ord. of 4-3-2000; Ord. No. 2001-11,6-19-2001; Ord. No. 2008-9, 7-14-2008; Ord.  retail floor space.  business licensed to sell package liquor at retail.  No. 2021-4, 3-8-2021; Ord. No. 2021-13, 12-6-2021) Sec. 4-55.- Legal hours and requirements for sales and purchases.  (a) Applicability. This section shall be applicable to every alcoholic beverage licensee, agent, servant and employee and any and all other persons affected, and all shall be equally guilty of a violation of any oft the provisions contained int this section, each such person being charged with responsibility for the acts of his (b) General closing hours. Except as otherwise providedi in this section, it shall be unlawful for any licensee or any other person to sell, offer for sale, transfer or offer to transfer to others any alcoholic beverages between the hours of 2:00a a.m. and 8:00 a.m. on weekdays or between the hours of 12:00 midnight on Saturday until  officers, agents, servants and employees.  8:00 a.m. on Monday. (c) [Package sales.]  (1) Beer and wine by the package. Licensees whose only sales of alcoholic beverages consist of beer and/or wine by the package may sell such beverages at any time except between 12:00 midnight on Saturday and 12:30 p.m. on Sunday and 11:30 p.m. on Sunday and 12:00 midnight on Sunday. (2) Beer, wine and distilled spirits by the package. Licensees whose sales of alcoholic beverages consist of beer and/or wine by the package and distilled spirits by the package may sell such beverages at any time except between 12:00 midnight on Saturday and 12:30 p.m. on Sunday and between 11:30 p.m. on Sunday and 8:00 a.m. on Monday, and except between the hours of 2:00 a.m. and 8:00 a.m. on weekdays. (d) Establishments. selling beer, malt beverages, wine and distilled spirits for consumption on-premises. Licensees fort the sale of beer, malt beverages, wine and distilled spirits for consumption on the premises shall not keep: such establishments open for the sale of beer, malt beverages, wine and distilled spirits between the hours of 12:00 midnight and 8:00 a.m. on any day of the week. Licensees shall not sell beer, malt beverages, wine and distilled spirits between 12:00 midnight on Saturday and 12:30 p.m. on Sunday and 12:00 midnight and 8:00 a.m. on Monday. Such licensees shall be subject to compliance with subsection4- (e) Election day. Pursuant to the authoritygranted under O.C.G.A.53-3-20, the city authorizes the sale or  49(d)(2).    10/1322.1:10PM  Byron. GA Code of Ordinances  offering for sale of alcoholic beverages on election day by persons otherwise licensed by the city to sell alccholic beverages: provided. however. nothing in this subsecaion shall authorize the sale ofa alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling (f) Sales on. Sunday and Christmas Day. Except as otherwise provided in this article, no licensee shall sell or offer for sale any alcoholic beverages at any time on Sunday or on Christmas Day. Licensees off food and restaurant establishments and stores open on Sunday and Christmas Day will be responsible to ensure that alcoholic beverages on display are plainly marked with a sign stating "not for sale." (g) Alcohol percent labels. It shall be unlawful for any person to have in his possession, custody or control any spirituous liquor for retail sale unless the container shall have firmly affixed thereto a label on which there is stated in plain words or figures the true alcoholic content by volume of the alcoholic beverage. (h) Selling beer to unauthorized, persons. Licensee shall not give, seil or offer for sale any alcoholic beverage to any person who is noticeably intoxicated or who is ofunsound mind or whoi is a drunkard whose intemperate  place is established during such time as the polis are opened.  habits are known to the license holder or any of their agents or employees.  (Code 1987,53-44; Ord. of12-6-1999; Ord. of 4-13-2000; Ord. No. 2011-4, 8-8-2011; Ord. No: 20115,882011:Ord.N.  2021-4, 3-8-2021) Sec. 4-56. - Brown bagging.  Itshall be unlawful for a licensee under this article or any other commercial establishment to allow customers to  bring with them their own alcoholic beverages, which is known as BYOB or brown bagging.  (Code 198/53450d0f12619, Ord. No. 2021-4, 3-8-2021)  Sec. 45/-Sorageofinventoy: or stock.  No licensed retailer shall keep any alcoholic beverage stored in any' warehouse in the city, nor shall he enter into any type of arrangement whereby alcoholic beverages ordered by! him are stored for him by any licensed wholesaler. A retailer shall keep no inventory or stock or alcoholic beverage at any place except at his licensed place of business and  within his licensed place of business. The storage space for alcoholic beverage shall be:  (1) Immediately adjacent to the room in which it is licensed to do business; and  (2) There shall be but one entrance to the storage area, and this shall be through the retail store area.  (Code 1987,53-46; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-58. Open container possession.  (a) Itshall be unlawful for any person to drink or have in his possession an open container of any alcoholic (1) Onany publicstreet, sidewalk, park, or other public place within the city or upon or within any motor (2) Onprivate property, open to public view, without the expressp permission of the owner, agent or person  beverage while:  vehicie while on the streets, sidewalks, parks and public places of the city.  in lawful possession thereof.  ahnut-hlank  12/18    10/13/22. 1:10PM  Byron, GA Code of Ordinances  (3) On the premises upon which a place of business is conducted and licensed under this article, whether the b other conzainer 55 opened or consumed is bought or obtained a: tha: place of business or elsewhere, unles establishment is licensed for the consumption on the premises of that particular classification of alcoholic b (b) This section shall not be deemed to prohibit the drinking of alcoholic beverages by passengers in passenger vehicles. For purposes of this subsection, a passenger vehicle shall mean a vehicle designed to carry ten or  more passengers and used to carry passengers for profit or hire.  (Code 1987,53-47; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-59. - Posting of certain signs required.  (a) The holder of a license to sell alcoholic beverages shall post in the most conspicuous place in his establishment a sign printed in letters at least four inches high reading: "Sale of alcoholic beverages to (b) Allr retail consumption dealers and retail dealers in this city who sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: "Warning: Drinking alcoholic beverages during pregnancy can cause birth defects." Such signs shall contain letters at least as big as the letters on the warning signs concerning drinking of alcoholic beverages furnished by the  persons under 21 years of age strictly prohibited."  state department of revenue.  (Code 1987, 53-48; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-60.- Reserved.  Editor's note- Ord. No. 2021-4, adopted Mar. 8, 2021, repealed 5 4-60, which pertained to.persons under age of21,  and derived from the Code of 1987,53-49; and an ordinance adopted Dec. 6, 1999.  Sec. 4-61.- Revocation or suspension.  (a) No license which has been issued or which may be issued by the city under this article shall be suspended or  revoked, except for due cause as provided in this section.  (b) The license provided for under this article may be revoked by the city upon:  (1) Failure of the licensee to comply with the terms, provisions, requirements and responsibilities of this (2) The failure oft the licensee to timely pay the annual license fee called fori in this article; (3) The violation by the licensee of any law regulating the sale of alcoholic beverages; (4) The conviction of the licensee of anyf felony, aggravated misdemeanor or drug-related conviction; (5) The licensee's permitting or maintaining a breach oft the peace at the licensee's establishment; or (6) The existence of any other condition which would make the continued operation of the licensee's (c) Upon information concerning any of the provisions outlined in subsection (b) of this section, the city shall serve notice upon the licensee, by mail addressed to the licensee's establishment, requiring him to appear before the city council or al hearing officer designated by the city council and show cause why his license  chapter;  establishment detrimental, harmful or undesirable to the community.  ahnut-hlank  42140    1U/13I2L, I:TUPM  Byron, GA Code ot Ordinances  should not be suspended or revoked. This hearing shall not be held sooner than three days from the receipt of this notice. and the notice shall ser forth the dare. time and place of: the hearing on the matter: this notice shall also state the condition alleged which could, ifsustained, result in revocation of the licensee's license. (d) Within five working days following the hearing on this matter, the city council or al hearing officer designated by the city council shall render a decision on the matter, notifying the licensee in writing of the decision by mail or by personally delivering it to the licensee. If the license is revoked, no refund shall be made on any portion of any! license fee paid, and the establishment will cease to operate upon notification.  (Code 1987,53-50;Ord. of12-6-1999; Ord. No. 2021-4. 3-8-2021)  Sec. 4-62.-9 Sale of business.  Its shall be unlawful and shall call for immediate revocation of all licenses involved, both of the seller and purchaser, for any retail alcoholic beverage licensee to purchase the business of any other licensee and attempt to operate the purchased business with the seller's license. Ifal bona fide sale of anyl licensed retail business under this chapter is made to persons other than licensed dealers, full disclosure oft the persons involved, the purchase price, and: such other information as is required by this chapter for a new! license shall be filed with the city clerk as ac condition to any sale. In addition to the revocation of the license of any person violating this section, the personshall be subject to punishment  as provided by the city Charter.  (Code 1987,53-51; Ord. of1 12-6-1999; Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021) Sec.4-63.-7 Transferability; surrender of license upon sale, closing of business or death of owner.  No license issued under this chapter shall be transferable or assignable without the express permission oft the city clerk considering all standards and provisions in this chapter. Ifal licensed business is sold or closed, it shall be the duty oft the licensee to immediately surrender his liçense to the city clerk where there is no express permission of the  proposed transfer or assignment.  Anyt transferee or assignee must file an application as if he were initially applying for an alcoholic beverage license. However, ifal license holder dies, his heirs or estate, if otherwise qualified, shall be permitted to operate the establishment or his heirs or estate may transfer the license to another qualified individualupon approval of the city  clerk forat ten percent transfer fee for the remainder of the calendar year.  (Code 1987,53-52; Ord.of12-6-1999; Ord. No. 2009-4;8-10-2009; Ord. No. 2021-4, 3-8-2021)  Secs. 464-495.-Reserved. ARTICLE HI. EXCISETAXES  Footnoles: --(2)-  Cross reference- Taxation. ch. 36.  about:blank  14/18    1U/ISI4,11UPM Sec. 4-96. -Levied.  Byron, GA Code of Ordinances  (a) Recail liquor. An excise tax on retail liquor is levied as follows:  (1) Inaddition to the annual retail liquor license fee required, there is hereby levied an excise tax computed at the rate of $0.22 per liter which shall be paid to the city on all liquor sold, displayed or stored in the city. The tax shall be paid to the city by the wholesale distributor on all liquors sold to retailers in the city as follows: Each wholesale distributor selling, shipping, or in any way delivering liquor to any retailer shall collect the excise tax at the time of delivery and shall remit the tax together with a summary of all deliveries to each retailer on or before the tenth day of the month following. The $0.22 per liter shall be prorated according to size so that each bottle or eachi individual size container shall be taxed on the basis of$0.22 per liter. It shall be unlawful for any wholesale distributor to sell, ship or deliver in any manner any liquor to a retailer without having collected the tax. It shall be unlawful for any retailer to possess, (2) Each wholesale distributor shall furnish to the city a summary of all purchase invoices for liquor delivered to all retailers in the city and shall remit to the city clerk in unimpeachable funds or cash the total tax prescribed by law. The report and payment shall be made by the tenth day of each month following such  own, hold, store, display or sell any liquor on which such tax has not been paid.  purchases.  (b) Beer. An excise tax on beer shall be levied as follows:  (1) In addition to the licenses and taxes assessed and levied for the year upon dealers in beer, there is hereby levied and imposed upon all wholesale dealers selling beer in the city a specific excise tax, as set  by0.C.GAS3580, of $0.04166 per ounce. Taxes levied are as follows:  Size of Container 7ounces 8ounces 12ounces 140 ounces 16 ounces 32 ounces  Tax per Container $0.0292 0.0333 0.0500 0.0583 0.0667 0.1333 6.00 12.00  K barrel (15kgallons) 1 barrel (31 gallons)  about:blank  15/18    10/13/22, 1:10PM  Byron, GA Code of Ordinances  (2) The taxi is to be paid as follows: Each wholesale dealer selling beer in the city shall file a report by the tenthc month showing for the preceding calendar month the exact quantities of beer, by Size and type of containe: constituting al beginning and ending inventory for the month, sold in the city. Each such wholesale dealer sh the city on the tenth day of the month next succeeding the calendar month in which such sales were madet (3) The excise tax provided fori in this subsection will bei in addition to any license fee, tax or charge which may be imposed upon the business of selling beer at retail or wholesale in the city.  ofexcise tax due in accordance with this subsection.  (c) Wine. An excise taxi is levied on wine as follows:  (1) Ina addition to the license fee and taxes levied upon dealers at retail in wines, there is levied and shall be collected upon every dealer at retail ofwine an excise tax of $0.22 per liter and a pro rata tax upon (2) The tax levied in chis subsection shall be paid by the retailer to the wholesaler at the time of delivery of such beverages to the retailer. It shall be the duty ofe each such retailer to pay,and it shall be the duty of each wholesaler of such beveragest to receive, the proper amount of the tax hereby levied upon each case delivered bya a wholesaler to a retailer. It shall further be the duty of all persons selling wine at wholesale or making delivery of wine in the city to remit by the tenth of each calendar month, without deduction of any kind, all sums collected by such wholesaler during the preceding calendar month and to furnisha summary of all purchase invoices for wine delivered to the retailers. Such remittance and report shall be (3) Itshall be unlawful for any retailer of wine to receive and retain any such beverage unless such retailer shall have paid the case tax thereon. Its shall be unlawful for any wholesaler of wine to sell or deliver any such beverage to any retailer thereof unless such wholesaler shall concurrently with: such delivery collect the taxi imposed by this subsection. Its shall be unlawful for any wholesaler of wine to fail or omit to remit to the city promptly when due the taxes levied by this subsection and collected by such wholesaler. It shall be unlawful for any person engaged as a retailer of wine to receive any such beverage from another retailer unless the taxi imposed in this subsection has been paid. It shall be further unlawful for any retailer of wine to receive and retain such beverages from another retail: store, whether such store shall be owned by the receiving retailer or not, or whether such other store is located within the city or not, unless the taxi imposed int this subsection shall have been paid and remitted to the city clerk. (d) Distilled: spirits by the drink. An excise taxi is levied on distilled spirits by the drink as follows:  fractional cases.  to the city clerk.  (1) Ina addition to the license fees and taxes assessed and levied for the year upon licensees of distilled spirits for consumption on the premises, there isi imposed and levied upon such licensees at tax on the sale of distilled spirits byt the drink, whichi tax shall be equal to three percent oft the charge to the public for such (2) The taxi imposed by this subsection shall be paid monthly by the licensee to the city clerk, with payment due on the tenth day of the month following the month for which such tax is to be paid. Areports showing (3) Thet failure to make a timely report and remittance shall render al licensee under this subsection liable for a penalty equal to ten percent of the total amount due during the first 30-day period following the date such report and remittance were due and a further penalty of ten percent oft the amount ofs such  drink.  the calculations for the tax remitted shall bet filed with the remittance.  4e10    10/13/22. 1:10PM  Byron, GA Code of Ordinances  remittance for each successive 30-day period or any portion thereof during which such reportand remittance are no: filed. The filing ofaf false or fraudulent repcrt shail render the licensee making such report liabie for a penalty equal to 25 percent oft the amount of the remictance which would be required (4) Licensees collecting the tax for the sale of distilled spirits by the drink shall be reimbursed in the form of a deduction in submitting, reporting and payment oft the amount due, if the amount is not delinquent at the time of payment. The rate of deduction shall be three percent of the gross tax or $25.00, whicheveris  under an accurate and truthful report.  less.  (Code 1987,53-71;Ord. of12-6-1999; Ord. of4 4-13-2000; Ord. No. 2021-4, 3-8-2021)  Sec. 4-97.- Payment.  The taxes levied int this article, other than the excise tax on distilled spirits by the drink, shall be paid by the retailer to the wholesaler at the time of delivery of these beverages to the retailer. Its shall be the duty of each retailer to pay and its shall be the duty of each wholesaler to receive the proper amount of tax levied upon each case delivered. It shall further be the duty of all persons selling these beverages at wholesale or making delivery oft them in the city to remit by the tenth of the calendar month all sums collected by the wholesaler during the preceding calendar month. These  remittances shall be made to the city clerk.  (Code 1987, 53-72; Ord. of 12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4, 3-8-2021)  Sec. 4-98. -Examination of books and records.  The books and records of all wholesalers selling or delivering the beverages mentioned in this article and all retailers thereof in the city shall be subject to inspection and audit by the city agents to ensure compliance with this article. It shall be unlawful for any person to deny to any authorized city agent reasonable access to his books and records, andi it shall be the duty of each person to keep accurate records of payments and collections of the tax and remittances.  (Code 1987,93-73; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-99.-Penalties.  (a) The failure by a wholesaler to make the timely report and remittance required pursuant to this article shall render a wholesaler liable for a penalty equalt to ten percent of the total amount due during the first 30-day period following the date the report and remittance were due and a further penalty oft ten percent oft the amount of this remittance for each successive 30-day period or any portion thereof during which the report (b) The filing of a false or fraudulent report shall render the wholesale dealer making the report liable fora penalty equal to 25 percent oft the amount of the remittance which would be required under an accurate and (c) Any person,' wholesaler or retailer who shall violate the provisions oft this article shall, upon conviction, be  and the remittance were not filed.  truthful report.  punished as prescribed by law.  (Code 1987,53-74; Ord. of 12-6-1999; Ord. of4-13-2000; Ord. No. 2021-4, 3-8-2021)  ahnat-hlank  17/R    1U/13/22, 710PM  Byron, GA Code of Ordinances  Sec. 4-100.- Taxes collected upon delivery.  (a) Itshall be unlawfut for any retailer of alcoholic beverages to receive and retain the beverages mentioned in (b) Itshall be unlawful for any wholesaler of alcoholic beverages to sell or deliver these beverages to any retailer (c) Itshall be unlawful for any wholesaler of alcoholic beverages to fail to remit to the city when promptly due the taxes levied and collected by the wholesaler. It shall be unlawful for any person engaged as a retailer of these beverages to receive these beverages from another retailer unless the tax has been paid. (d) Itshall further be uniawful for any retailer of alcoholic beverages to receive and retail these beverages from another retail store, whether the other store shall be owned by the receiving retailer or not, or whether the other store is located within the corporate city limits or not, unless the tax shall have been paid and remitted  this article unless he shall have paid the tax thereon.  thereof unless he shall concurrently with this delivery collect the tax imposed.  to the city clerk.  (Code 1987, $3-75; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-101.-1 Unpaid taxes.  Alcoholic beverages on which city excise taxes have not been paid are subject to seizure and may be destroyed or  sold by public sale as provided by law.  (Code 1987,53-76:0rd.of1 12-6-1999; Ord. No. 2021-4, 3-8-2021)  about:blank  18/R    SCHEDULE OF ALCOHOL LICENSE FEES  Annual fee, beer for consumption on the premises  $ 300.00 $ 300.00 $ 150.00 $ 150.00 100.00 $5,000.00 $3,500.00  Annual fee, beer by the package  Annual fee, wine for consumption on the premises  Annual fee, wine by the package Annual fee, wholesale license for the sale of alcohol beverages Annual fee, distilled spirits for consumption on the premises Annual fee, distilled spirits by the package