§ 4-201. Definitions.

(a)

Unless a contrary intention is clearly apparent from the context, the following terms used in this article shall have the following meaning:

Alcoholic beverage means and includes all alcohol, malt beverages, distilled spirits, wine and fortified wines defined in this section.

Artificial person includes a corporation, partnership, limited liability company, association, club or institution.

Bar means any premises at which a licensee as defined herein derives seventy-five (75) percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises.

City means the City of Fitzgerald and when used in a geographical sense means the territorial limits of the City of Fitzgerald.

City administrator means the city administrator of the City of Fitzgerald.

City clerk means the city clerk of the City of Fitzgerald.

Distilled spirits means any alcoholic beverage obtained by distillation.

Interest includes any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power, or authority of control.

Licensed premises includes not only the room wherein alcoholic beverages are sold or served but also the entire building in which such room is located, except that when such a room is located in a hotel, motel, or similar facility or in a shopping center only such room and any adjoining storage, office, toilet, and other similar rooms shall constitute the "licensed premises."

Licensee includes an individual licensee and in the case of an artificial person includes both the artificial person and the named licensee.

Lounge means any licensee other than a private club or a restaurant, including, but not limited to, a bar as defined hereinbefore.

Majority member means the member, if any, who owns more than fifty (50) percent of the membership interest in a limited liability company; if no member owns more than fifty (50) percent of the membership interest in a limited liability company, the "majority member" is the member owning a greater membership interest than any other member; and if two (2) or more members each own the same membership percentage interest in a limited liability company and each own a membership interest that is greater than the membership interest of any other member, then any one (1) of such members may act as the "majority member."

Majority stockholder means the person, if any, who owns more than fifty (50) percent of the voting stock of a corporation; if no person owns more than fifty (50) percent of the voting of a corporation, the "majority stockholder" is the person owning more of the voting stock than any other person; and if two (2) or more persons each own the same amount of the voting stock of a corporation and each own more of the voting stock than any other person, then any one (1) of such persons may act as the "majority stockholder."

Mayor means the mayor of the City of Fitzgerald.

Mayor and council means the mayor and council of the City of Fitzgerald.

Mixed drink or liquor by the drink means any distilled spirits served for consumption on the premises, whether or not diluted by water or any other substance.

Named licensee means the person acting as such for an artificial person pursuant to section 4-222.

Person includes an individual and an artificial person.

Semipublic parking facility means any privately owned area wherein motor vehicles may be parked by the public in conjunction with any business, enterprise, commercial establishment, office building, church, school, or multiple-family residential building.

(b)

Unless a contrary intention is clearly apparent from the context, any term used in this article shall have the same meaning as when used in comparable provision of the Georgia Alcoholic Beverage Code, O.C.G.A. title 3.

(c)

As used in this article, the singular and plural shall each include the other, the masculine and feminine shall include each other, and any verb tense may include the other verb tense.

(d)

As used in this article, the term "may" is permissive and the term "shall" is mandatory.

(Ord. No. 10-1426, § 1, 12-13-10; Ord. No. 16-1489, § 4, 12-12-16)