§ 4-82. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adequate means sufficient.

Applicant means any one (1) or more persons, firms, corporations, or associations, or any combination thereof, applying for a city license, or renewal thereof.

Application includes all applications authorized or required under this article, and they shall all be in writing, signed, dated and sworn to by the applicant, and by all partners, if applicant is a partnership, and by all of the officers, directors and stockholders, if applicant is a corporation.

At may mean in, near, on, within, or about.

Church includes a synagogue and any other place of permanent public religious worship, and shall exist if a building permit therefor has been obtained and substantial building materials or supplies for its construction have been moved to the site, or if construction of the church building has commenced.

College or school means only such state, county, city, church or other colleges or schools as teach the subjects commonly taught in the common schools and colleges of this state, but shall not include private schools or colleges wherein only specialized subjects, such as law, stenography, business, music, art, medicine, dentistry, vocational occupation or other special subjects are taught.

College, school, library and private dwelling houses exist when building permits and substantial materials or supplies for construction of such houses have been obtained and some materials or supplies moved to the site, or building construction of the house has commenced.

Immediate family or member of immediate family refers to and includes only husband, wife and children.

Inspector or license inspector means the police chief.

Interest or financial interest means a pecuniary interest, and shall include any present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, right, power, authority or control of or in any wholesale or retail liquor store, or license for one or an application for such a license in the city. It shall apply to an outright owner, co-owner or member of a partnership or stockholder in a corporation, organized or in process of organization, for pecuniary gain, which owns or is to own any financial interest in a wholesale or retail liquor store or license therefor. It also includes the interest of an owner, lessor, sublessor or partial owner of land or an interest therein, in which a whiskey store is or is to be operated, and all members of a firm or stockholders of a corporation organized for pecuniary gain owning, leasing or subleasing land for or used for or to be used by a licensee under this article if any of the income from the sale of whiskey on such land is shared, or rent on such land is, or is to be paid on the basis of sales of whiskey on such land, and anyone sharing in any income or corpus of any trust fund or estate having an interest in a wholesale or retail whiskey store or license shall be held to have a financial interest in such store or license. Also, it includes a lender of money or other things of value, to a retail liquor store license applicant or licensee, to anyone else for the benefit of such applicant or licensee, on interest in excess of the highest legal rate allowable on this state. But the mere employee-employer relationship of a bona fide employee of a licensee on a definite fixed weekly, monthly or other salary which is not based on liquor sales at the licensee's liquor store, not on sales by the employee, shall not alone create or evidence a financial interest in the liquor store or license therefor.

License means a city retail license granted or issued upon the basis of the alleged truth of a written application therefor to sell spirituous liquors in package liquor store districts in the city, as defined by this article, in use zones designated in this article.

Licensee means the owner of a city license or an interest therein in a liquor store as defined in this article to be operated under such license, or an applicant for such a license after the application for such license shall have been approved by the mayor and council and any renewal thereof.

Liquor or whiskey means spirituous liquors and includes but is not limited to whiskey, rum, gin, brandy, vodka, tequila and all other alcoholic beverages of a like or similar nature or alcoholic content.

Minor means any person who is under twenty-one (21) years of age.

Original when used in connection with an application for a license or renewal or transfer of location, and all other applications not included in the definition under "renewal" relates to the first license for a given location or first use or application for use or change of use of a given location, or to the first application of a given applicant for use of a location previously licensed or approved for a license under this article.

Park means a city public park, and includes all recreational buildings and facilities and grounds owned or leased by the city.

Premises means not only the room wherein a retail liquor store is operated under a license issued under this article but shall include all of the lot whereon such store is located, except when such store is located in a hotel, motel, shopping center, or multiple-store business or office building, it means the liquor store only.

Private dwelling means a house or dwelling wherein not less than one (1) person nor more than two (2) families of persons reside, but does not include an apartment house having facilities for housing three (3) or more families, nor does it include a mobile home.

Renewal when used in connection with an application for a license or a location relates to an unrevoked retail liquor license issued under this article to a designated licensee for a designated location, or expiration of which unrevoked license the identical owners thereof, but no others, may be entitled to a new annual license for the same but no other location.

Residence means domicile.

Sale or sell refers to a sale of spirituous liquor at retail, or to sell such liquor at retail under a license issued under this article.

Satisfactory proof means adequate or sufficient evidence to convince an unbiased, impartial, enlightened judge of the existence or nonexistence of a fact, situation or condition.

Store and liquor store means a room wherein only the sale at retail of spirituous liquors in the original unbroken packages may be authorized under this article and the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors."

Tense. The present, past and future tense may each include either of the other two.

Wholesale license means a city license granted or issued upon the basis of the alleged truth of a written application therefor to sell spirituous liquors at wholesale to holders of retail licenses issued by the city.

(Code 1966, § 4-77; Ord. No. 1095, § 1, 6-8-87)

State law reference

Similar provisions, O.C.G.A. § 3-4-1.

Cross reference

Definitions; rules of construction generally, § 1-2.