§ 4-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adequate parking means one parking space for each 100 square feet of customer service area within the premises of an applicant.

Administrator means the county clerk or county marshal or their designee.

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverages, wine or fortified wine.

Bar means a business open to the public which sells alcoholic beverages for consumption on the premises which is not a restaurant.

Building code means and includes all building, plumbing and electrical codes and any similar technical code of the county.

Business area means any street length between intersections where 50 percent or more is in use for business purposes.

Church means any permanent building which houses the main sanctuary in which persons regularly assemble for religious worship and which is publicly designated as a church, but shall not include a residence also used for religious purposes. The term "church" shall not include the temporary housing of a religious group in an otherwise commercial center.

County community center means those county-owned events facilities which are made available for payment rental and use by the general public.

Distance means the measurement in horizontal lineal feet as defined in section 4-24.

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines.

Family means any person related to the holder of such license within the first degree of consanguinity or affinity as determined according to civil law.

Good moral character means the propensity of the person to serve the public in the licensed area in a fair, honest and open manner.

(1)

A judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that:

a.

At the current time he or she has the ability to, and is likely to, serve the public in a fair, honest and open manner; and

b.

He or she is rehabilitated, or that the substance of the former civil action is not reasonably related to the occupation or profession for which he or she seeks a business license or business permit.

(2)

The following criminal records shall not be used, examined or requested by the county in a determination of good moral character when used as a requirement to obtain a business license or business permit:

a.

Records of an arrest not followed by a conviction.

b.

Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.

c.

Records of an arrest or conviction for a misdemeanor unrelated to the person's likelihood to serve the public in a fair, honest and open manner.

Indoor recreation establishment means an indoor facility that contains regulation-size courts or alleys where physical sporting activity takes place and equipment related to the activity is available for rent or sale.

License means the authorization by Rabun County to engage in the sale or consumption on the premises of alcoholic beverages.

Licensee means a person, real or artificial, holding any class of license issued under the terms of this chapter.

Lounge means a separate room connected with a part of and adjacent to a restaurant or with a hotel with all booths, stools and tables being unobstructed and open to view. All lounges shall be air conditioned and have a seating capacity of at least 20.

Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine.

Park means any public lands owned or controlled by the county or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public.

Premises means the definite closed or partitioned establishment, whether room, shop or building, wherein alcoholic beverages are sold or consumed. The term "premises" shall also include any privately owned or leased courtyard or patio which is architecturally visibly defined.

Private club or bona fide private club means any nonprofit association organized under state law that:

(1)

Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter;

(2)

Has at least 75 regular dues-paying members;

(3)

Owns, hires, or leases a building or space within a building for the reasonable use of its members, which building or space:

a.

Has suitable kitchen and dining room space and equipment; and

b.

Is staffed with a sufficient number of employees for cooking, preparing, and serving meals for its members and guests; and

(4)

Has no member, officer, agent, or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary.

Private residence means a house or dwelling wherein not less than one nor more than three families customarily reside and shall not include an apartment house having facilities for housing four or more families; or any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of an application.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook, and serve non-prepackaged meals for its guests. At least one meal per business day shall be served and the serving of such meals shall be the principal business conducted and sales of prepared, cooked, and non-prepackaged meals must be equal to or more than 60 percent of total sales.

Retail means retail sales packaged to go and not for consumption on the premises.

School means any state, county, church or other private school that teach the subjects commonly taught in the common schools of this state and shall include the adjacent open land or fenced areas used for school purposes but this shall not include any portion of a private school, where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

Service area means that in the event a lounge, private club or restaurant is located adjacent to an indoor recreational establishment and within the same building or structure, the recreational area is defined as being within the service area of such lounge, private club or restaurant and the consumption of alcoholic beverages within the recreational area is permitted.

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 the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.

Wholesaler means any person, firm or corporation engaged in distribution or selling to retailers for the purpose of resale any alcoholic beverages.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to this definition.

(Ord. of 3-22-2011)