§ 4-277. One-day alcoholic beverage permit for bona fide nonprofit civic organizations.

(a)

In accord with the provisions of O.C.G.A. § 3-3-9, the city shall be authorized to issue a permit to a bona fide nonprofit organization to sell and serve alcoholic beverages for consumption only on the premises where sold for a period not to exceed one day, subject to compliance with the provisions of this section. The sale and serving of such alcoholic beverages shall be made by the drink, and a permit shall be required hereunder at any event held or sponsored by such organization where alcoholic beverages are to be purchased or served, or both, whether such alcoholic beverages are purchased by the attendees by the payment of dues to the organization or as a result of the purchase of a ticket or the payment of an entry fee to the event. Notwithstanding the foregoing, any such organization which already has a valid alcoholic beverage license from the city shall not be required to obtain a permit hereunder.

(b)

For purposes of this section, a "bona fide nonprofit civic organization", shall mean a nonprofit corporation licensed and authorized to do business in the State of Georgia which has been issued a letter or certificate of exemption from the payment of federal income taxes by the United States Internal Revenue Service under 26 U.S.C.S. § 501(c). Written proof of such exemption shall be filed with the application.

(c)

The temporary one-day permit authorized by this section shall be applied to utilizing such forms as may be provided by the city administrator. Such application shall be submitted to the city administrator no later than twenty (20) calendar days in advance of the event. The city shall approve or deny such application within five calendar days of the city's actual receipt of such application. Written notice of the decision approving or denying the application shall be provided to the applicant by the city administrator within such five-day period. Upon approval of such application, the city administrator shall issue a written permit on such forms as the city administrator may provide, and the written permit shall be displayed at all times at the location of the event. The application fee shall be twenty-five dollars ($25.00). Such fee shall be submitted with the application, and if the application is denied, the fee shall be refunded to the applicant. The permit issued in accord with this section shall be valid only for the physical location specified in the permit. No permit shall be issued unless the sale of distilled spirits, wine or malt beverages is lawful in the place and during the time of day for which permit is issued.

(d)

Final approval or denial of such applications based upon the provisions of this section, shall be by the city administrator. No more than two (2) permits shall be issued to any single organization under this section during any calendar year. There shall be no appeal from any denial of such an application.

(e)

The application shall be signed on behalf of the organization by a person having written authority to sign and deliver such application to the city. The person signing such application shall, in all events, be an officer of the organization at the time such application is submitted. At the time of submission, the person signing such application on behalf of the organization shall submit a copy of such person's Georgia driver's license. Such applicant shall be a resident of the City of Fitzgerald and shall be responsible for the lawful and proper conduct of the activities of the organization pursuant to the permit issued hereunder.

(f)

No organization which has had its alcoholic beverage license suspended or revoked within the previous twenty-four (24) months shall be eligible to obtain a permit under this section. No organization which has been determined by the city to have violated any of the provisions of this section with respect to a previous permit issued hereunder, shall be eligible to obtain a permit under this section for a period of twenty-four (24) months after the date of such violation.

(g)

No organization which is delinquent or past due on any monetary obligations owed to the city, including, but not limited to, ad valorem taxes, business licenses, utility bills, sanitation fees, or any other taxes, fees or monetary obligations, shall be eligible for a permit under this section.

(h)

The net proceeds from the sale of alcoholic beverages by the organization at such event shall be used only for the charitable purposes of the organization and for no other purpose.

(i)

Except as otherwise provided in this section, the remaining provisions of this article relating to the sale of alcoholic beverages shall be applicable to any organization obtaining a permit hereunder. In addition, if the person signing the application on behalf of the organization would be disqualified from obtaining an alcoholic beverage license under this article, then the organization shall not be eligible to obtain a permit hereunder. Any one-day permit used hereunder may be suspended or revoked in accord with the provisions of this article in the same manner and for the same reasons as an alcoholic beverage license may be suspended or revoked for regular alcoholic beverage license holders hereunder. Notwithstanding the foregoing, any suspension of such permit may also be made by the chief of police immediately should the organization be found to be in violation of any of the provisions of this section during the period of time that the one-day permit is in effect.

(j)

No permit issued hereunder shall be valid for the sale or serving of alcoholic beverages thereunder unless the applicant shall also have been issued a valid one-day permit for the same event by the Georgia Department of Revenue, and such one-day permit from the department of revenue shall also be displayed at the location of the event in the manner required by the department of revenue.

(Ord. No. 10-1426, § 1, 12-13-10)