Section 3.1.2 - Definitions.

(a)

Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in a comparable provision of the "Georgia Alcoholic Beverage Code," O.C.G.A. §§ 3-1-1 to 3-12-3.

(b)

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

(c)

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

(d)

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

Alcoholic beverage caterer means any retail dealer licensed pursuant to the Alcoholic Beverage Ordinance of the City of Roswell who provides alcohol at special events or special events facilities.

Alcoholic beverage license board is the body comprised of the city administrator or his designee, the director of finance or his designee, and the director of community development or his designee vested with authority to preside over the public hearing for applicants for alcoholic beverage licenses and with authority to grant or deny licenses to sell, serve, or handle alcoholic beverages. Also present at the public hearing as non-voting members of the board shall be the chief of police or his designee and the city attorney or his designee.

Brewpub means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form.

Chief of police means the Chief of Police of the City of Roswell.

Church means any permanent place of public religious worship.

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

Eating establishment means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty (50) percent of its total annual gross food and beverage sales from the sale of prepared meals or food.

Erotic dance establishment means a nightclub, theater or other establishment which features live performances by topless or bottomless dancers, go-go dancers, strippers or similar entertainers, which such performances are distinguished or characterized by an emphasis on specified sexual activities or anatomical areas.

Farm winery means a domestic winery that is licensed as a farm winery by the State of Georgia.

Food caterer means any person who prepares food for consumption off the premises.

Immediate family of a person means all persons related to such person by consanguinity or affinity within the first degree, as computed according to civil law.

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 and lot on 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. "Licensed premises" may include any sidewalk immediately adjacent to and abutting the main building of an eating establishment if such eating establishment maintains tables for service pursuant to a license or permit issued by the city and such area is enclosed by a fence or other barrier containing only one (1) opening for entering and exiting.

Licensee includes an individual designated as licensee and in the case of a partnership or corporation includes both the partnership or corporation and the individual designated by such legal entity as licensee.

Mixed 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 a partnership or corporation pursuant to section 3.2.7.

School building means a building in which the traditional subjects and learning processes associated with education are taught.

Special entertainment district means a certain area within the city designated by mayor and council pursuant to O.C.G.A. § 3-6-21.2 solely for the purpose of allowing Sunday sales in a farm winery tasting room.

Special event pouring license means a temporary license issued for a limited amount of time pursuant to section 3.7.9 of this chapter.

Supper club means an entertainment venue pursuant to section 3.7.5 of this chapter.

Tasting room means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for retail sale of such wine as provided by law. Samples of wine can be given complimentary or for a fee.

(Ord. No. 2008-10-15, § 1(Exh. A), 10/06/2008)