Conduct a public hearing to consider an update to Chapter 6 - Alcoholic Beverages, Providing for Courtesy Beverages.

From time to time, businesses contact Development Services, seeking permission to offer alcoholic beverages to their customers to accompany the services provided by the business use. The current alcohol code does not provide a license for this type of consumption on the premises. By offering a license for "Courtesy Beverage," certain businesses will be authorized to offer limited quantities of beer and wine to patrons, as outlined in the draft ordinance. Currently, "Tuneup," a salon, is seeking to locate in Commission District 4, which includes the business model of providing patrons alcoholic beverages as part of their membership. This amendment would assist Tuneup and enable similar businesses to provide patrons with courtesy beverages, as well. 

This proposed amendment to Chapter 6 - Alcoholic Beverages, provides for "Courtesy Beverage," which is one or more servings of wine or malt beverage furnished by a courtesy beverage licensee to a customer for consumption on the premises, as an incident of the goods or services for which the customer patronizes the establishment and without separate charge, in accordance with section 6-31 and subject to the quantity limits set forth in that section. The term does not include distilled spirits and the quantities furnished are not to exceed [ten (10)] ounces of wine or [twenty-four (24)] ounces of malt beverage per customer per day. 

Establishments eligible for the Courtesy Beverage License include:

(1) Barber shops;

(2) Beauty salons;

(3) Nail salons;

(4) Day spas;

(5) Bridal shops;

(6) Tuxedo rental shops;

(7) Luxury fashion boutiques; and

(8) Art studios and galleries.

ATTORNEY NOTE — Distance and Dram Shop Liability (J. Jack): This license is a consumption on the premises license for wine and malt beverages only. On distance: under O.C.G.A. § 3-3-21, the church-distance restriction applies only to distilled spirits; wine and malt beverages carry a 100-yard distance from school buildings, school grounds, and college campuses under § 3-3-21(a)(1)(B). Because § 3-3-21(b)(3) delegates distance regulation for consumption on the premises licensees to the County, the County may decline to impose, and may waive, its local distance requirements for this license class. The County may not waive the separate state prohibition under § 3-3-21(e)(2) against furnishing alcoholic beverages for consumption on the premises within 100 yards of housing authority property; that bar is preserved in Section 6-31(c).

On liability: under the Georgia Dram Shop Act, O.C.G.A. § 51-1-40, liability for furnishing or serving alcohol can attach even when the beverage is provided at no charge, and allowing more than one serving increases over-service exposure. O.C.G.A. § 3-3-22 (noticeably intoxicated persons) and § 3-3-23 (persons under 21) continue to apply, and the quantity limits, identification checks, and responsible-service training required by this chapter should be maintained.