06 LC
14 9457
House
Bill 1605
By:
Representative Dean of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating
to regulation of alcoholic beverages in general, so as to eliminate current
provisions relating to local government authorization of certain sales of
alcoholic beverages on Sunday; to provide that in any county or municipality in
which the sale of alcoholic beverages is lawful for consumption on the premises,
the governing authority of the county or municipality may by ordinance or
resolution authorize the sale of alcoholic beverages for consumption on the
premises in any licensed establishment during certain hours on Sunday; to
provide specific authority with respect to sales on Sunday in special
entertainment districts; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation
of alcoholic beverages in general, is amended by repealing in its entirety Code
Section 3-3-7, relating to local government authorization of certain sales of
alcoholic beverages on Sunday.
SECTION
2.
Said
chapter is further amended by striking Code Section 3-3-20, relating to sale of
alcoholic beverages on Sundays, election days, and Christmas Day, and inserting
in its place a new Code section to read as follows:
"3-3-20.
(a)
Except as provided in subsection (d) of this Code section or except as
specifically authorized by law, no person knowingly and intentionally shall sell
or offer to sell alcoholic beverages on Sunday.
(b)(1)
As used in this subsection, the term 'day' means that period of time beginning
with the opening of the polls and ending with the closing of the
polls.
(2)(A)
Except as provided in subparagraph (B) of this paragraph and paragraph (3) of
this subsection, in any county or municipality in which the sale of alcoholic
beverages is authorized, the sale of alcoholic beverages in compliance with such
authorization shall be authorized and legal on any election day.
(B)
The local governing authority of any county in which the sale of alcoholic
beverages is authorized and the local governing authority of any municipality in
which the sale of alcoholic beverages is authorized may, by ordinance, prohibit
the sale of alcoholic beverages on any election days. In any case where the
governing authority of a county or municipality has passed an ordinance
prohibiting the sale of alcoholic beverages on any election days as authorized
by this subparagraph, such prohibition shall apply only within the territorial
boundaries for which the election is held but such territorial boundaries shall
not include any property owned or operated by a county, municipality, or other
political subdivision of this state for airport purposes if no person resides on
such publicly owned or operated property.
(3)(A)
Notwithstanding any other provisions of this subsection, it shall be unlawful
for any person to sell alcoholic beverages within 250 feet of any polling place
or of the outer edge of any building within which such polling place is
established on primary or election days.
(B)
Any person violating the provisions of this paragraph shall be guilty of a
misdemeanor.
(c)
The governing authority of any county or municipality may, by ordinance or
resolution, prohibit the sale of alcoholic beverages on Christmas
Day.
(d)(1)
In all municipalities within any county having a population of 400,000 or more
according to the United States decennial census of 1990 or any future such
census in which the sale of alcoholic beverages is lawful, alcoholic beverages
may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at
festivals. As used in this paragraph, the term 'festival' means a specific
outdoor public celebration or gathering for which a license or permit has been
issued by the appropriate governing authority which involves the use either of
public parks or public streets and which includes entertainment, dancing, music,
dramatic productions, art exhibition, parades, or the sale of merchandise, food
or alcohol, or any combination of the foregoing; and which of necessity requires
for its successful execution the provision and coordination of municipal
services to a degree significantly over and above that which the city routinely
provides under ordinary everyday circumstances. The definition of 'festival,' as
used in this paragraph, does not include events which are solely parades, foot
races, or political demonstrations unless such parade, foot race, or political
demonstration is proposed as an integral part of a larger 'festival,' as defined
in this paragraph.
(2)
Notwithstanding the provisions of this subsection, all persons and entities
selling alcoholic beverages pursuant to this subsection shall fully comply with
all other applicable state and local license and permit
requirements.
(d)
In any county or municipality in which the sale of alcoholic beverages is lawful
for consumption on the premises, the governing authority of the county or
municipality may by ordinance or resolution authorize the sale of alcoholic
beverages for consumption on the premises in any licensed
establishment:
(1)
On Sunday from 12:30 P.M. until 12:00 Midnight; and
(2)
From 12:00 Midnight Saturday until 4:00 A.M. on Sunday.
Any
such ordinance or resolution may, but shall not be required to, condition its
effectiveness upon approval at a special election by a majority of the qualified
voters voting thereon. In the case of a municipality such special election shall
be by the qualified voters of the municipality; and in the case of a county such
special election shall be by the qualified voters residing in the unincorporated
area of the county.
(e)(1)
As used in this subsection, the term 'special entertainment district' means
contiguous properties upon which is located a festival marketplace and
entertainment project which is financed in whole or in part by public funds and
which contains a minimum of 200,000 square feet of gross leasable space for
retail sales and entertainment purposes and which is located in the central
business district of a municipality if more than 50 percent of such contiguous
properties are owned or controlled by a governmental entity.
(2)
In addition to the authority granted under subsection (d) of this Code section,
the governing authority of a municipality may permit the sale of alcoholic
beverages for consumption on the premises in a special entertainment district
within the municipality on Sunday from 12:30 P.M. until 12:00 Midnight and from
12:00 Midnight Saturday until 4:00 A.M. on
Sunday."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.