CLERMONT - With many cities and counties in Georgia planning referendums on the Sunday sale of alcoholic beverages, Clermont is moving in the opposite direction.
The city council is scheduled to consider an ordinance June 7 prohibiting the sale of alcoholic beverages in the North Hall town. It has nothing to do with the Sunday sales issue but is an attempt to outlaw brown-bagging which has been occuring in Clermont at a couple of places of business, according to Mayor James Nix.
Nix said the matter came to his attention about two weeks ago and needs to be addressed through an ordinance since Clermont does not have anything on the books to regulate it.
The full text of the proposed ordinance is as follows:
AN ORDINANCE TO PROHIBIT THE SALE, DISTRIBUTION OR SERVICE OF ANY MALT BEVERAGES, WINE, OR DISTILLED SPIRITS, OR ANY COMBINATION THEREOF, BY THE PACKAGE AND BY THE DRINK WITHIN THE TOWN OF CLERMONT, GEORGIA; TO PROHIBIT OPEN CONTAINERS OF ALCOHOLIC BEVERAGES WITHIN MOTOR VEHICLES WITHIN THE TOWN OF CLERMONT, GEORGIA OR WITHIN ANY PUBLIC AREA OR PLACE OF PUBLIC ACCOMODATION WITHIN THE TOWN OF CLERMONT, GEORGIA; TO PROHIBIT THE BROWNBAGGING OF ALCOHOLIC BEVERAGES WITHIN THE TOWN OF CLERMONT, GEORGIA; TO PROVIDE FOR ENFORCEMENT OF THE ORDINANCE; TO PROVIDE FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, the Town Charter of the Town of Clermont, Georgia, and O.C.G.A. § 3-3-2 provide that the Town of Clermont may regulate the sale, distribution or service of alcoholic beverages being malt beverages, wine, or distilled spirits;
WHEREAS, the Town Council of the Town of Clermont, Georgia, pursuant to said authority desires to prohibit the sale, distribution, or service of alcoholic beverages within the Town of Clermont, Georgia; to prohibit open containers of alcoholic beverages within the Town of Clermont, Georgia;
WHEREAS, the Town Council of the Town of Clermont, Georgia, also desires to prohibit brownbagging at businesses within the Town and places of public accommodation within the Town of Clermont, Georgia.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Clermont, Georgia, and it is hereby ordained by the authority of same, as follows:
SECTION 1. OPEN CONTAINERS AND PARTIALLY
CONSUMED BOTTLES OF WINE PURCHASED
WITH A MEAL; NO SALES OR SERVICE OF
ALCOHOLIC BEVERAGES.
(a) As used in this section, the term "open container" means any container, containing alcoholic beverages which is immediately capable of being consumed from or the seal of which has been broken.
(b) No person shall possess an open container of any alcoholic beverage within the passenger compartment of a motor vehicle. Closed containers of alcoholic beverages may be transported in any part of a vehicle. Open containers shall be placed in a locked glove box, locked trunk or locked storage container.
(c) No person shall possess an open container of any alcoholic beverage while walking, standing or otherwise occupying any public street, road, or highway, sidewalk adjacent thereto, public parking lot, or other property owned or leased by the Town of Clermont.
(d) No person shall possess an open container of any alcoholic beverage on the premises of any business operating within the Town of Clermont, including parking lots adjacent thereto.
(e) Sale, distribution, or service of any malt beverages, wine or distilled spirits, or any combination thereof, by the package and by the drink is hereby expressly banned and prohibited, and accordingly no package licenses and no pouring licenses for malt beverages, wine or distilled spirits, or any combination thereof, shall be issued by the Town of Clermont.
(f) Any restaurant licensed to sell alcoholic beverages for consumption on the premises by any other governmental entity can permit a patron to remove one (1) unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal and consumed a portion of the bottle of wine which has been purchased on the premises with such meal on the restaurant's premises. In order for said partially consumed bottle of wine to not be an open container within the Town of Clermont, the following shall be required:
1. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises.
2. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and meal shall be provided by the licensee and attached to the container.
3. If transporting in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
SECTION 2. BROWNBAGGING.
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Brownbagging means the bringing, taking or carrying of any alcoholic beverage into a business lawfully operating within the Town of Clermont, provided that bringing an alcoholic beverage into a house, apartment, room or other unit designed for private residential occupancy for consumption by the residents and invited guests thereof shall not fall within this definition. The term brownbagging shall include the following prohibited acts:
(1) Any person who brownbags;
(2) Any person participating in consumption of any alcoholic beverage being brownbagged;
(3) Any person who consumes an alcoholic beverage on any commercial premises lawfully operating in the Town of Clermont, except for those exempted from the definition of brownbagging by virtue of the private residential character of the occupancy.
(4) Any employee of the business establishment in whose presence brownbagging knowingly or with reckless indifference occurs.
(5) Notwithstanding any other provision of this ordinance, nothing contained in this ordinance shall be interpreted as banning or prohibiting the serving of wine as part of a religious sacrament or ceremony (including weddings and wedding receptions) at the premises of any church or house of worship or private residence.
(b) Brownbagging is prohibited within the Town of Clermont. The term "brownbagging" does not include the sale or distribution of alcoholic beverages by a bona fide licensed caterer as part of a religious sacrament or ceremony (including weddings and wedding receptions) at the premises of any church or house of worship or private residence.
SECTION 3 ENFORCEMENT OF THE ORDINANCE.
Any duly authorized certified law enforcement officer, including but not limited to any officer of the Hall County Sheriff's Department, and any other designated agent of the Town of Clermont, Georgia, as designated by the resolution of the Town Council of Clermont, Georgia, including the building official or building inspector, the Town Attorney, the Town Clerk, and any other duly authorized agent, shall be authorized to cite persons or businesses that violate this ordinance.
SECTION 4. VIOLATIONS; PENALTY.
Any person found guilty of or entering a plea of guilty or nolo contendere to the offense of failing to pay the tax due pursuant to this chapter, either in whole or in part, shall, upon conviction thereof, be punished up to the maximum penalties allowed by the Town Charter or under general law, and as assessed by a court of appropriate jurisdiction, including but not limited to the Municipal Court of the Town of Clermont, or any court acting in the place of or for said municipal court.
SECTION 5. REPEALER.
All Resolutions, or Ordinances, or parts thereof, in conflict with the terms of this ordinance are hereby repealed, but it is hereby provided that any resolution, ordinance or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, shall be liberally construed to be in favor of the Town of Clermont, and is hereby adopted as a part hereof.
SECTION 6. SEVERABILITY.
If any paragraph, sub-paragraph, section, subsection, sentence, clause, phrase, or any portion of this ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this ordinance not so held to be invalid. It is hereby declared to be the intent of the Clermont Town Council to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.
SECTION 7. EFFECTIVE DATE.
This ordinance is effective upon passage.
SO PASSED AND ADOPTED, this ______ day of _______________, 2011.
CLERMONT TOWN COUNCIL
Tuesday
October 15th, 2024
6:27AM
