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 off fee):  7. Date Application Filed: 8. Police Chief Recommendation: (Approved/ Disapproved) 9. Fire Chief Recommendation: (Approved/ Disapproved) 10. Building Official Recommendation: Approve/Dsapproved) 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  CITYCLERK APPROVAL  INITIAL  Application-Notarized / Current color photo ofa applicant 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 & ZONING APPROVAL Proof ofBuilding, Planning & Zoning Code Compliance Building tol be complete: attachment of evidence of ownership or copy oflease to application; Legal description of property Affidavit from land surveyor on distance requirements  POLICE CHIEFAPPROVAL ($50 processing fee required) Security Camera Compliance Verified by: (Retail sales/Packaged to go only)  Fingerprinting of applicant through the Byron Police Dept.  Reportofclearancel from the Chief of Police. See sec. 4-49(b)(6)  FIREC CHIEF APPROVAL Proofo of] Fire Safety Code Compliance    CITYOFBYRON  APPLICATION FOR LICENSE TOSELL SPIRITOUS, DISTILLED, FERMENTED OR MALT BEVERAGES  The undersigned! hereby applies fora ai license described herein at the location as described on oath says:  1. (a) Name and Address of applicant:  (b) Nationality ofapplicant:. 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 or indirectly, in business for  which license is sought? Ifyes, give name, address, nature and extent ofinterest ofe each person.  6R  2. (a) Name and Home address of manager (ifdifferent from applicant)?  (b) Nationality of manager: Bona Fide resident of Georgia since:  Age:  Weight:  Sex:  3. give details.  Are there any other licenses held by relatives, associates or employees of any person named in (1)above? Ifyes,  of the Ifany persons  named in 1or 2 above have resided in Georgial less than five years, state name and give  4.  details ofresidence for five years preceding date ofapplication.  5.  What liquor, wine or beer licenses have been held by any person named in 1or2a above during the last five years?  6.  Has any license to selll liquor, wine or beer held by any person named in 1or 2 ever been suspended or revoked?  Ifyes, give details including date and reason for suspension or revocation and place ofl business involved.  2    CITYOFI BYRON  APPLICATION FOR LICNSETOSELSFRITOLS DISTILLED, FERMENTED OR MALT BEVERAGES  7.  Have any ofthe persons named in 1a 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 ownst the building where thel license ist tol be used?  Ifleased, state name(s)oflessor: andl lessee: and terms oflease.  10. (y/N) Haye'any licenses to sell! liquor, wine or beer ever been suspended or revoked at this location?  Initial thaty you agree Initial that you  toabide all the laws oft the State ofGeorgia, ordinances ofthe Cityo of Byron and Rules and understand that license, ifgranted, may be: suspended or revoked for violation of any state or  11. 12. cityl law or regulation. 13. oath and that the giving offalse  by your  Regulations ofthe Public Safety Committee of the Byron City Council.  Initial that you understand that answers to questions and: statements made anywhere in this application are under  information or withholding of full statements will subject you not only to a revocation ofany  license, but maya also subjectyou to prosecution for perjury.  Signature ofA Appliçant Signature of Partner (ifany)  (applicant)  Personallyappeared before the undersigned: attesting true officer,. and correct; and that nothingi is withheld which the application  statements anda answers giveni in this application are  requires tol be divulged.  Signature ofA Applicant Signature of Partner (ifany)  Sworn to and subscribed! before me Notary Public, Peach County, Georgia  This.  day of.  20  3    AFFIDAVIT VERIFYING: STATUS FOR CITYPUBLICI 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 0.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.partnerahp, or other  benefit (circle one) for. private entity] 1) OR 2)  [Name of natural  lam a United States citizen  lam a legal permanent resident 18 years of age or older or lam 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.*  In making. the above representation under oath, Iunderstand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty ofa a violation of Code Section 16-10-20  ofthe Official Code of Georgia.  Signature of Applicant: Date  Printed Name:  SUBSCRIBED AND. SWORN BEFORE ME ON THIS THE DAYOF Notary Public My Commission Expires:  20_  Alien Registration number for non-citizens  "Note: O.C.G.A. 50-36-1(e)(2) - requires that aliens under the federal Immigration and Nationality Act, Title 81 U.S.C., as amended, provide their alien registration number. Because legal permanent residents are 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 mays supply another identifying number below:    Private Employer Affidavit Pursuant To 0.CGA.$36-60-610)  By executing this affidavit under oath, the undersigned private employer verifies one of the following with respect to its application for a business license, occupational tax certificate, or other document required to operate al business as referenced in O.C.G.A. $ 36-60-6(d):  Section 1. (A).  Please check only one:  OnJ January "oft the below-signed year, thei individual, firm, or corporation employed more than ten (10) employees'.  *** Ify you select Section I(A), please fill out Section 2 and then execute below.  (B).  On. January "oft the below-signed year, the individual, firm,or corporation employed ten (10) or fewer employees.  *** Ify yous select Section I(B), please skip Section 2 and execute below.  Section 2.  The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in 0.C.G.A.536-60-6. The undersigned private employer also attests that its federal work authorization useri identification  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  ONTHIS THE. NOTARY PUBLIC My Commission Expires:  DAYOF.  20  'To determine the number ofemployees 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 copy is Once the applicant hasr 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  Ifana applicant chooses to challenge the accuracy of the criminal history records or needs to correcto 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 procedure for challenging a Georgia record can be found on the GBI website. The applicant will not be given a copyo 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 al hearing by  the mayor and council in writing.    NON-CRIMINALI 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 fingepinbiometric-based criminal history record check for ai non-criminal, justice purpose (such as an application for aj job 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 fingerprints/biometrics will be used to check the criminal history records maintained by the Georgia Crime Information Center Ifyour fingerprints/biometries: are used to conduct al FBI national criminal history check,you are provided a copy oft the Privacy Act Statement that would normally appear on the FBI Ify you have a criminal history record, the agency making a determination of your suitability for thej job, license, or other benefit must provide you the opportunity to complete or The agency must advise you of the procedures for changing, correcting, or updating your criminal history record as set forth in' Title 28, Code of Federal Regulations (CFR), Section Ifyou 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 in the criminal history In the event an adverse employment or licensing decisioni is made, you must bei informed of all 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. $3 35-3-34(b) and $35-3-  (GCIC) and the FBI, when a federal record check is so authorized.  fingerprint card.  challenge the accuracy ofthei information in the record.  16.34.  record.  35(b)).  You have the right to expect the agency receiving the results ofthe criminal history record check will use ito only for authorized purposes and will not retain or disseminate it in violation of state and/or federal statute, regulation or executive order, or rule, procedure or standard established by the National Crime Ifthe employment/licensing agency policy permits, the agency may provide you with a copy of your Georgia or FBI criminal history record for review and possible challenge. Ifagency policy does not permit it to provide you a copy oft the record, information regarding how to obtain a copy ofy your Georgia, FBI or other state criminal history may be obtained at the GBI website implgbigsongagpvoouanngetimimnahisaperesordimomation,  Prevention and Privacy Compact Council.  Ifyou decide to challenge the accuracy or completeness of your Georgia or FBI criminal history record, you: 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 ofs your criminal history can be obtained at the GBI website  lmtplpbigsogiagpvoauainngsiminaaisuy-recon-imfommation,    PRIVACY ACT STATEMENT  Authority: The FBI's acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 U.S.C.5 534. Depending on the nature ofyour 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 bej predicated on fingerprint-based background checks. Your fingerprints and associated informationbiometrnes 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 oft the employing, investigating, or otherwise responsible agency. The FBI may retain your fingerprints and associated informationbiometrics in NGI after the completion ofthis 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 informationpiometrnes 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 the Federal Register, including the Routine Uses for the NGI system and thel 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 reçords of the FBI. You have the opportunity to complete or challenge the accuracy of thei 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 28 CFR 16.30-16.33  28 Code of Federal Regulations 16.34.  or go to the FBI website at htp/Ppisovbotussdibladsounichecs:  Signature  Print Name  Date  Applicant Privacy Right Notification Signature Form  Pageiafi  Rev. 20170526    10/13/22, 1:10 PM  Byron, GA Code of Ordinances  Chapter 4-A ALCOHOLIC BEVERAGES  Footnores: - (1)---  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.  ARICLEL.-INGENERAL  Sec. 4-1.-D 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 ofwine, from whatever source or by whatever Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine. Distilled spiritsmeans any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by  in 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 alcoho! 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 ins 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 ofb barley, malt, hops, or any similar product or any combination of such 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. of 12-6-1999; Ord.c 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, 1:10F PM  Byron, GA Code of Ordinances  AlI holders of a license for the sale ofa 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. (Code1 1987,53-2;Ord.of12-6-1999; Ord. No. 2021-4, 3-8-2021) Sec. 4-3.-Availability ofi investigation reports on applicants for license.  The applicant for al 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) Anyi information in these reports may be furnished to the city;and (3) The applicant will be responsible for the costs thereof.  (Code 1987,93-3;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.  AlII 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 any female person, while on the premises ofs such commercial establishment, to employ any device or coveringwhich 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 top public view his or her genitals, pubic area, buttocks, anus, anal cleft or cleavage. 4. Suffer or permit any 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 the genital, pubic  premises, to:  thereof.  2140    IUII IJILL, IIUPM  Byron. GAC Code of Ordinances  area.  b. leshall be unlawful for any female person. whie 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 oft 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 isi intended to give the appearance of or simulate the genitais, d. The provisions oft this subsection will also apply to the outdoor or indoor areas adjacent to or in the  such areas oft the female breast as described in this subsection.  pubic area, buttocks, anus or anal cleft or cleavage.  vicinity oft the premises.  (Code 1987, $3-4; Ord. of1 12-6-1999; 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 int the retailer's place of business.  (Code 198/3350rddfi2619, Ord. No. 2021-4, 3-8-2021)  Sec. 4-6.-Maintenance of premises.  Each licensee under this chapter shall keep and maintain an orderly, respectable and sanitary place of business.  (Code 1987, 53-6; Ord. No. 2021-4, 3-8-2021) Sec. 4-7.-9 Signs of licensed retailers.  All signs of licensed alcoholic beverage retailers shall meet the requirements of the state department of revenue  alcohol regulations.  (Code 1987,53-8; Ord. of 12-6-1999; 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 oft birth andi includes without being limited to a passport, military identification card, driver's license, or an dentification card authorized under O.C.G.A. 55 40-5-100-- 40-5-105. The term "proper identification" shall noti include al birth certificate and shall not include any traffic citation or  complaint form.  (Code 1987, $3-9; Ord. of12-6-1999; Ord. of 4-13-2000; Ord. No. 2021-4, 3-8-2021)  about:blank  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 toi 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 and identifiable image on film or tape that can be made a permanent record and that can be enlarged (b) Cameras meeting the requirements of 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 a back-up camera: system int 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 of municipal court mayi impose, at his discretion, a suspension of all city alcoholic beverage licenses at the establishment for a period of (2) Second offense. If within 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. 4.10-440.-Reserved. ARTICLEI.-LICENSE  Sec. 4-41.- General requirements; posting.  (a) The license of every operator of any establishment for the retail sale of alcoholic beverages must be posted (b) The provisions of 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 thati it can be readily seen.  (Code 1987,53-31;Ord.of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-42.-License fee for sale of beer.  (a) The annual fee fora a retail license to selll beer for consumption on the premises and by the package shall be (b) Suchannual license fee may be issued initially or may be prorated on a quarterly basis upon payment of the  as prescribed by the schedule of fees and.charges.  number of quarters or parts of all quarters remaining in the calendar year.  ahnnt-hlank    10/13/22, 1:10F PM  Byron, GA Code of Ordinances  (Code 981.13320d0f2619, Ord. No. 2021-4, 3-8-2021)  Sec. 4-43.- - License fee for sale ofv wine.  (a) The annual fee for aretail license to sell wine 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 of the  as prescribed by the schedule of fees and charges.  number of quarters or parts of all quarters remaining in the calendar year.  (Code 1987,53-33; Ord. of1 12-6-1999; Ord. No. 2021-4, 3-8-2021) Sec. 4-44. L License fee for sale of alcoholic beverages by wholesalers.  (a) The annual fee fora av wholesale license for the sale of alcoholiç 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.-L License fee for sale of distilled spirits.  The annual fee for a retail license to sell distilled spirits for consumption on the premises and byt the package shall be  as prescribed by the schedule of fees and charges.  (Code1 8A.13XFOATREIP, Ord. No. 2021-4, 3-8-2021) Sec. 4-46.-5 Separate license required for each place of business.  Aseparate retail alcoholicbeverage license shall be required for each place of business.  (Code 1987,53-35;Ord.of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-47.-Expiration.  Alcoholic beverage licenses will expire on December 31. (Code 1987,53-36; Ord. of 12-6-1999; Ord. No. 2021-4. 3-8-2021)  Sec. 4-48. -R Renewal.  (a) All alcoholic beverage licenses in this article may be renewed by payment of the required fees, provided that: (1) Applications for renewal ofe existing licenses are made in person by the applicants at the office of the city clerk between December 1 and December 15 ofeach year 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 thel last date of licensee's letters of clearance  license fee paid at the time of filing.  and that no criminal charges are currently pending.    10/13/22. 1:10PM  Byron. GA Code of Ordinances  (2) The licensee and location remain the same.  (3; The ucensee 5 arcumstances would enaple him to qualify for a icense ifthe renewai were a new (4) The licensee is stilli 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 thel license at  application.  the time of application for renewal.  (b) Ifac complaint is received as to the licensee's alleged violation of state or city law or regulation before December 31 oft 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 havea 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.  ist to permit renewal of the license.  (Code 1987,53-37; Ord. of 12-6-1999; 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 andi its location, shall have been approved by the city clerk. The application must be cleared byt the chief of police, the fire chief, the buildingi 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 aiçoholic 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 oft the applicant.  (3) Alegal description of the property upon which the premises are located. (5) Fingerprints oft the applicant tol 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 in the past ten years; or any misdemeanor convictions, other  than traffic violations, in any court in the past two years.  (7) Reserved.  (8) An affidavit from a state-registered land surveyor or the city engineer stating that the establishment  ahnut-hlank  6/1A    10/1322.1:10PM  Byron. GA Code of Ordinances  complies with the distance requirements contained in this chapter.  (9) A personal performance bond conaitionea upon tne appicant anc tne applicantse employees at the licensed establishment complying with alll laws, ordinances, rules and regulations oft the city governing the issuance and control of alcoholic beverage licenses. The bond shall remain 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 thel legal organ oft the county showing that the applicant has advertised hisi intention to make application to the city clerk for thei issuance of a license. Such advertisement: shall bei ins such form as the city may from time to time prescribe, and shall be published ins said legal organ, once a week for two consecutive weeks prior to submitting the final application to the city clerk.Such advertisement shall contain as statement showing the type of license applied for, thel location oft the proposed business, and the name and address oft the applicant. When the advertisement required by this section has been published, the applicant shall obtain an affidavit of publication and attach it tothe  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 citya and all applicable state and federal laws and regulations. The oath shall be taken by the applicant and the agent in charge oft 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 a 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 atl least 50 percent of 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 clerk a certification by a public accountant that the applicant meets the requirements set outi 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 a 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 application for a new business, a certification from a public accountant will not be required for thei initial application, buti instead the applicant must certify under oath that the person applying for the alcohol license intends to meet the requirements set out in this subsection.A certification from a public accountant will be required upon each renewal thereafter.  requirements for the application are as follows:  unless the person is 21 years of age prior to filing an application for the license.  7140    10/13/22, 1:10PM  Byron, GA Code of Ordinançes  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 retail wine establishrenss that permit wine casting in connection withi 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. Suchr notice shall be signed by thel 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 bel 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 distilied spirits; provided, however, that more than one brand of such type ofa 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 mait 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 licensed premises will be offered as part of a tasting event, and such alcoholic beverages shall be part of the licensee's .7 That only food that is lawful to sell on the licensed premises, under state law may be served as part of 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 bel kept! lockedi 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:  onsuch 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 wheni in use during the event;  employee of al licensee; and  ahnat-hlank  RHR    10/13I24, 1:TUPM  Byron, GA Code of Ordinances  The city may. but is not required to, promulgate a form for use by licensees providing notice to the city by (3) The liçensee 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)d ofthis section and shall place it on file with the clerk before any license is issued. (5) Ifthe application coversap partnership, all members of the partnership must be qualified to obtaina license, one member of the partnership must be a resident of Georgia, and all members of the (6) AI license may be granted to a corporation existing under the law of the state or to a foreign corporation authorized to do business in the state; provided, however, that any such corporation: shall be required to designate a resident of Georgia as its local agentresponsible for compliance with all the requirements of  any licensee desiring to hoid such an event.  is granted.  partnership must make sworn statements of those qualifications.  this chapter and authorized to accept all services ofnotice. (7) Allapplications for licenses shall be made in person.  (8) All 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 of 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 on an application for al license to sell alcoholic beverages which shall later be found to be false orany omission of facts shall subject the applicant to prosecution for perjury under the laws of 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 of license to persons with prior convictions prohibited.  No license under this chapter shall be issued, renewed or transferred to any person where any 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 of 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 piea ofguilty or nolo contendere or the forfeiture of ab bond in part or 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 in 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 3-39; 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 in any area prohibited by law or by the zoning regulations for the city. No license shall bei issued  aboutblank  9/18    10/13/22, 1:10 PM  Byron. GA Code of Ordinances  unless the applicant complies with all other applicable licensing requirements of this chapter. (D) NO furtner retari aeaier licenses for the sale of distiliea spirits shall De issued wnen che 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 oft the subsection to require a population of 500 for each license issued. For example, if the population equals 2,500, five licenses may be issued; if 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 of such 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. of 12-6-1999; 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 of evidence of ownership or copy of lease to application.  No alcoholic beverage license shall bei 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 ora  copy of a lease/rental agreementi if the applicant is leasing or renting the building. (Code 1987, $3-41; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-53.-C 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, 53-42; 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 a location, nor shall any existing license be transferred to a new! location, that does not meet the proximiyrequrements: ofO.C.G.A.  3-3-21.  (b) Wine or malt beverages.  (1) No new license shall be issued for the sale of any wine or malt beverages for a location, nor shall any existing license be transferred to a new location, that does not meet the proximiyrequirements of (2) Notwithstanding subsection (b)(1) of this section, any location licensed for wine or malt 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 a 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 oft 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.    10/13222.1:10PM  Byron, GA Code of Ordinances  has a total retail floor space of at least 10,000 square feet, ofwhich at least 85 percent is reserved for the Sale of food and other nonaicoholic items. and conducts all of its sales inside the building containing its (c) Otherpackage liquor retailers. No new license shall be issued for the retail sales of package liquor fora location, nor shall any 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 of travel on the ground. Each application for al license shall show the location of 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. of12-6-1999; 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 ofav violation of any of the provisions contained in this section, each such person being charged with responsibility for the acts of his (b) General closing hours. Except as otherwise provided 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.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 for the sale of beer, malt beverages, wine and distilled spirits for consumption on the premises shal! 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 authority granted under 0.C.G.A.53-3-20, the city authorizes the sale or  49(d)(2).  44140    10/13/22. 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 subsection shall authorize the sale ofalcoholic 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 of 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. Its 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 al label on which there is statedi in plain words or figures the true alçoholic content by volume of the alcoholic beverage. (h) Selling beer to unauthorized, persons. Licensee shall not give, sell 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 polls 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: 2011-5, 8-8-2011;Ord.No.  2021-4, 3-8-2021) Sec. 4-56.- Brown bagging.  Its shall be unlawful for al licensee under this article or any other commercial establishment to allow customers to  bringy with them their own alcoholic beverages, which is known as BYOB or brown bagging.  (Code 1987, $3-45;Ord. of1 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-57.-Storaged ofinventory or stock.  No licensed retailer shall keep any alcoholic beverage storedi 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 noi 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 whichi 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, $346,0nd.of1261999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-58.- Open container possession.  (a) Its shall be unlawful for any person to drink or have in his possession an open container of any alcoholic (1) Onany public street, sidewalk, park, or other public place within the city or upon or within any motor (2) On private property, open to public view, without the express permission oft the owner, agent or person  beverage while:  vehicle while on the streets, sidewalks, parks and public places of the city.  inl lawful possession thereof.  ahnut-hlank  12M1R    10/13/22. 1:10PM  Byron, GAC Code of Ordinances  (3) On the premises upon which a place of business is conducted. and licensed under this article, whether the b other container 50 opened or consumed is bought or obtained a: tha: place of business or elsewhere, unies 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. .of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-59. Posting of certain signs required.  (a) The hoider of al 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) Allre retail consumption dealersand 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 of 21,  and derived from the Code of1987, S: 3-49; and an ordinance adopted Dec. 6, 1999.  Sec. 4-61.- Revocation or suspension.  (a) No license which has been issued or which may bei issued byt 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 oft 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 oft the licensee of any felony, aggravated misdemeanor or drug-related conviction; (5) The licensee's permitting or maintaining al breach of 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 oft the provisions outlined in subsection (b) of this section, the citys shall serve notice upon the licensee, by mail addressed to the licensee's establishment, requiring him to appear before the city council or a hearing officer designated by the city council and show cause why! his license  chapter;  establishment detrimental, harmful or undesirable to the community.  ahnut-hlonk  42440    70/1312L, 1:IUPM  Byron, GA Code ol Ordinançes  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 sha!l ser forth the dare. time and place of: the hearing on the matter: this notice shall also state the condition alleged which could, ifs sustained, result in revocation oft 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 thel licensee. Ift 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. -Sale of business.  Itshall be unlawful and shall call for immediate revocation of alll licenses involved, both of the seller and purchaser, for any retail alcoholic beverage liçensee to purchase the business of any other licensee and attempt to operate the purchased business with the seller's license. Ifal bona fide sale ofa any! licensed retail business under this chapter is madet to persons other than licensed dealers, full disclosure of the persons involved, the purchase price, and such other information as is required byt this chapter for a new license shall be filed with the city clerk as a condition to any sale. In addition to the revocation of the license ofany person violating this section, the personshall be subject to punishment  as provided by the city Charter.  (Code 981,135:Odafi2619, Ord. No. 2009-4, 8-10-2009; Ord. No. 2021-4, 3-8-2021) Sec. 4-63.-1 Transferability; surrender of license upon: sale, closing of business or death of owner.  Nol license issued under this chapter shall be transferable or assignable without the express permission of the city clerk considering: all standards and provisions in this chapter. Ifa licensed business is sold or closed, it shall be the duty of the licensee to immediately surrender his license to the city clerk where there is no express permission of the  proposed transfer or assignment.  Any 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 mayt transfer thel license to another qualified individualupon: approval of the city  clerk for a ten percent transfer fee for the remainder of the calendar year.  (Code 1987, $3-52; Ord. of 12-6-1999; Ord. No. 2009-4; 8-10-2009; Ord. No. 2021-4, 3-8-2021)  Secs. 4-64--4-95.-R Reserved. ARTICLE IL.- EXCISE1 TAXES  Footnotes: --(2)-  Cross reference- Taxation, ch. 36.  aboutblank  14/18    TUISI4.TUPM Sec. 4-96. Levied.  Byron, GA Code of Ordinances  (a) Retail liquor. An excise tax on retail liquor is levied as follows:  (1) Inaddition co 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 seling, 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 each 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, Its 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, hoid, 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.CGA53580, of $0.04166 per ounce. Taxes levied are as follows:  Size of Container 7ounces 8ounces 12 ounces 14 ounces 16 ounces 32 ounces  Tax per Container $0.0292 0.0333 0.0500 0.0583 0.0667 0.1333 6.00 12.00  % barrel (15lgallons) 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 cype ofcontaine: constituting al beginning and ending inventory for the month, sold in the city. Each such wholesale dealer sh the city on the tenth day oft the month next succeeding the calendar month in which such sales were madet (3) The excise tax provided fori int this subsection will bei in addition to any license fee, tax or charge which may bei 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) In 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 of wine 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 of each such retailer to pay,and it shall be the duty of each wholesaler of such beveragest to receive, the proper amount oft 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 winei in the city to remit by the tenth of each calendar month, without deduction of anyl 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) Its shall be unlawful for any retailer of wine to receive and retain any such beverage unless such retailer shall have paid the case tax thereon. It 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 shal! 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 in 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 ast follows:  fractional cases.  to the city clerk.  (1) Inaddition to the license fees and taxes assessed and levied for the year upon licensees of distilled spirits forc consumption on the premises, there is imposed and levied upon such licensees a tax on the sale of distilled spirits by the drink, which tax: shalll be equal to three percent of 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 ont the tenth day oft the month following the month for which such taxi ist to be paid.Areport: showing (3) The failure to make a timely report and remittance shall render al licensee under this subsection liable for ap penalty equal to ten percent of thet total amount due during the first 30-day period following the date such report and remittance were due and at further penalty of ten percent oft the amount of such  drink.  the calculations for the tax remitted shall bet filed with the remittance.    10/13/22, 1:10PM  Byron, GA Code of Ordinances  remittance for each successive 30-day period or any portion thereof during which such report and remittance are no: filed. The filing ofaf false or fraudulent report shail render the licersee making such report liabie for a penalty equal to 25 percent of the amount of the remittance 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 deductioni in submitting, reporting and payment of 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 1987,53-7i;Ord. of12-6-1999; Ord. of4-13-2000; Ord. No. 2021-4, 3-8-2021)  Sec. 4-97.- Payment.  The taxes levied in 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 oft these beverages to the retailer. Its shall be the duty of each retailer to pay and it 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 of them in the city to remit by the tenth oft 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. of12-6-1999; 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 oft the taxi and remittances.  (Code 1987, S3 3-73; Ord. of12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-99.-P Penalties.  (a) Thet failure by a wholesaler to make the timely report and remittance required pursuant to this article shall render a wholesaler liable for a penalty equal to ten percent oft the total amount due during the first: 30-day period following the date the reportand remittance were due and a further penalty of ten percent of the amount of this remittance fore each successive 30-day period or any portion thereof during which the report (b) The filing of at false or fraudulent report shall render the wholesale dealer making the report liable fora penalty equal to 25 percent of the amount of the remittance which would ber required under an accurate and (c) Any person, wholesaler or retailer who shall violate the provisions of 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)  ahnnt-hlank  17/1R    10/13/22, 110PM  Byron, GA Code of Ordinances  Sec. 4-100.-Taxes collected upon delivery.  (a) Itshall be unlawful 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 unlawful 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, uniess 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, S: 3-75; Ord. of 12-6-1999; Ord. No. 2021-4, 3-8-2021)  Sec. 4-101. - 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; Ord. of12-6-1999; Ord. No. 2021-4,3-8-2021)  about:blank  1R/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