§ 6-8. Brownbagging; when BYOB is allowed  


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  • It is prohibited for any person to bring his own alcoholic beverage into any retail establishment without regard to whether such establishment is licensed to serve alcoholic beverages except for the following specific exceptions:

    (1) This section shall not prohibit any person dining at a retail establishment licensed to sell wine for consumption on the premises from bringing an unopened bottle of wine into said establishment for consumption where the establishment has a policy permitting same.

    (2) This section shall not prohibit any person who is a patron of a retail establishment from bringing an unopened bottle of wine into the establishment where: (a) the owners or their agents have a policy permitting a patron to bring an unopened bottle of wine into the retail establishment for consumption on the premises by the patron; and (b) the retail establishment is licensed as required hereinafter.

    (3) Any wine not consumed at a retail establishment, as described in subsections (1) and (2) of this section, shall be disposed of at the premises and not carried out in an open container, unless the retail establishment is able to reseal and repackage the opened bottle of wine as required by O.C.G.A. § 3-6-4.

    (4) A retail establishment, as described in subsection (2), shall be required to be licensed by the city and meet all application requirements and be governed by the ordinance provisions as set forth in division 2 of article II of this chapter for a limited pouring permit of wine only. Further, no retail establishment so licensed shall have any employee under the age of 18 working in the establishment, and the retail establishment shall have an established closing time no later than 10:00 p.m. The fee for a retail establishment to permit wine to be brought into the establishment, as described in subsection (2), shall be in an amount as set by resolution of the city council, which amount shall remain in effect until modified or amended by subsequent resolution adopted by the city council.

    (5) All applicable state laws and city ordinances which address the use and serving of alcoholic beverages shall apply to this section.

    (6) For purposes of this section, the term retail establishment shall not include a private hotel room or other similar guestroom or a private club.

(Ord. No. 2012-01-01, 1-3-2012)

refeditor

Ord. No. 2012-01-01, adopted Jan. 3, 2012, amended § 6-8 in its entirety to read as set out herein. Former § 6-8 pertained to similar subject matter and derived from Ord. No. 2007-09-54, § 3(7.7.15), adopted Sept. 18, 2007; Ord. No. 2010-06-23, adopted June 15, 2010.