CITY OF DEMOREST ORDINANCE NO.  AN ORDINANCE OF CITY OF DEMOREST, GEORGIA AMENDING CHAPTER 6, ARTICLE V, SECTION 6-18 "NO CONSUMPTION OUTSIDE PREMISES" SO AS TO CREATE EXCEPTIONS; TO PROVIDE FOR DOWNTOWN ENTERTAINMENT DISTRICISTOPROVIDE, ANEFFECTIVE  DATE; AND FOR OTHER PURPOSES  WHEREAS, the duly elected governing authority of the City of] Demorest, Georgia is authorized under Article IX, Section II, Paragraph III oft the Constitution of the State ofGeorgia to adopt reasonable ordinances to protect the public health, safety, and welfare ofthe citizens ofthe City WHEREAS, the duly elected governing authority oft the City of] Demorest, Georgia is the Mayor WHEREAS, the City Council recognizes that the Demorest Downtown Development Authority is actively pursuing its legitimate purposes in encouraging and taking appropriate action to WHEREAS, numerous municipalities in the State of Georgia have enacted alcoholic beverage ordinances to allow the carry out of alcoholic beverages from the premises of consumption on premise license holders into areas deemed l"entertainment districts" or' "dining districts"; and WHEREAS the Downtown Development Authority has requested that the City enact an ordinance WHEREAS the City Council has determined that it is in the best interests ofthe City to enact NOW, THEREFORE, THE MAYOR AND COUNCIL OF CITY OFDEMORESI, GEORGIA Section 1. That Chapter 6, Section 6-18 is amended sO as to allow certain exceptions to the basic requirement that no consumption outside premises is allowed for consumption onpremise alcoholic beverage license holders by deleting the current text of Section 6-18 of the Code of  ofDemorest, Georgia; and and City Council therefore; and  enhance thel livability and viability ofDowntown Demorest; and  toallow Entertainment Districts fors such purposes; and  such legislation.  HEREBY ORDAIN, AND. ITI IS ESTABLISHED AS FOLLOWS:  Ordinances ofthe City ofDemorest, and inserting in lieu thereof the following: Sec. 6-18.-( General prohibition on consumption outside premises; exceptions.  (a) It is prohibited for customers to leave the premises with open alcoholic beverages, and it is the licensee's responsibility to ensure that no open beverages are sold and carried out.    (b) Iti is prohibited for customers to gather outside a licensed alcoholic beverage (c)It is prohibited for the manager or any employee to allow persons to gather outside alicensed alcoholic beverage establishment and consume alcoholic beverages. (d) The prohibitions in subsections (a), (b) and (c) shall not apply in the following  establishment and consume alcoholic beverages.  instances:  (I)For events that are sponsored or organized by the City of] Demorest where the alcohol: is obtained from al lawfully licensed participating business or entity within any city designated area, and is contained in and consumed from an approved, clear  plastic container.  (2) Where the city commission through a resolution has permitted otherwise. (3) For restaurants that have a valid sidewalk cafe permit provided that all (4) When ai temporary special event license has been issued, provided that the person consuming or possessing an alcoholic beverage remains on the licensed  outdooractivities: are contained within the permitted sidewalk cafe.  premises;  (5)For downtown entertainment districts as defined by this chapter. (e) Downtown Entertainment Districts-outside consumption of alcoholic beverages (1) For the purposes of this chapter only, "downtown entertainment district" is defined as follows: a specifically authorized and pedestrian oriented area ofthe city as established by resolution of the city commission that allows those establishments with a valid alcohol license within such area to dispense and/or serve an alcoholic beverage for carry out purposes, provided all other laws, rules and ordinances are  permitted.  followed.  (2) Within a downtown entertainment district, any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises is authorized to dispense an alcoholic beverage in a clear plastic cup; provided, however, that no person shall remove more than two (2) such alcoholic beverage from the licensed  premises at a time.  (3) Within a downtown entertainment district, no unsealed container in which an alcoholic beverage is carried and consumed shall exceed sixteen (16)fluid ounces  ins size.    (4)It shall be unlawful within a downtown entertainment district for any person to drink, attempt to drink or possess any alcoholic beverage in an unsealed can, glass or metal container, on the streets, sidewalks, rights-of-way, and/or parking lots, whether public or private. This section shall not prohibit the possession of (5)Any licensed establishment that allows patrons to leave the establishment withan alcoholic beverage in an open container as provided in this section shall maintain posted inside all exit doors for clear public view a map of the current boundaries oft the entertainment district and a sign of at least 11-inches by 8 i inches  containers of alcoholic beverages with unbroken seals.  that states the following:  "All patrons leaving this establishment with an alcoholic beverage in an open container do hereby assume full responsibility to consume such alcoholic beverage only ifit has been served in a paper or plastic cupi not to exceed 16 ounces in size and obtained from an establishment licensed to sell alcoholic beverages within the entertainment district outlined on the map below. Any individual who leaves the entertainment district with an alcoholic beverage in an open container is in violation of the City ofDemorest CodeofOrdinances and may be subject to a citation, arrest,mncarceration, and/or fine pursuant to Section 1-7 ofthe Code ofOrdinances".  (6) Thej provisions of this section shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar  laws or ordinances.  (7) No establishment licensed to sell or serve alcohol within an entertainment district shall be required to offer open containers of alcohol for sale to its customers or to allow patrons to enter the establishment with open containers of alcohol  purchased or obtained from outside the establishment.  Section 2. Conflicting Laws and Regulations. All ordinances or parts ofordinances in conflict with Section3. Severability. If any ofthe provisions of this resolution or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications ofthe resolution which can be given effect without thei invalid provision or application,  this ordinance are hereby repealed.  and to this end, the provisions oft this resolution are declared tol be severable.    Section 4. Effective Date. This ordinance amending Section 6-18 of the Alcoholic Beverages  Ordinance will become effective upon its adoption. First Read: July 27, 2021 Second Read and Adoption: Aug 3, 2021  LAL RickAustin, Mayor  ATTEST:  mSSmeds Kim Simonds, City Clerk Approved as to form:  Thomas Mitchell, City Attorney