§ 3-2. Definitions.  


Latest version.
  • (a)

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

    (1)

    Alcohol means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, from whatever source or whatever process produced.

    (2)

    Alcoholic beverage means and includes all alcohol, malt beverages, distilled spirits, wine and fortified wines defined in this section.

    (2.5)

    Authorized catered function means a function that has been authorized by an event permit issued by the local political subdivision where the function is domiciled in accordance with the requirements of O.C.G.A. tit. 3, ch. 11.

    (3)

    Board means the Board of Commissioners of Bulloch County, Georgia.

    (4)

    County means Bulloch County, Georgia and when used in a geographical sense means the unincorporated area of the county.

    (5)

    County clerk means the clerk of the board of commissioners of Bulloch County, Georgia.

    (6)

    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.

    (6.5)

    Farm winery means a farm winery as defined in O.C.G.A. tit. 3, ch. 6, art. 2 and in appendix C, zoning of the County Code.

    (7)

    Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy.

    (8)

    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.

    (9)

    Licensed premises includes not only the room wherein alcoholic beverages are sold or served but also the entire building in 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". However, no more than one building shall be deemed the "licensed premises" for a single license, regardless of whether an adjacent building may be connected to the "licensed premises" by a sidewalk, breezeway, enclosed walkway, or any other means of passage from one building to another.

    (10)

    Licensee includes an individual licensee and in the case of a partnership or corporation includes both the partnership or corporation and the named licensee.

    (11)

    Majority stockholder means the person, if any, who owns more than 50 percent of the voting stock of a corporation; if no person owns more than 50 percent of the voting stock of a corporation, the "majority stockholder" is the person owning more of the voting stock than any other person; and if two or more persons each own the same amount of the voting stock of a corporation and each owns more of the voting stock than any other person, then any one of such persons may act as the "majority stockholder."

    (12)

    Malt beverage means fermented beverage made in whole or in part from malt or any similar fermented substance.

    (13)

    Mixed drink means any distilled spirits served for consumption on the premises, whether or not diluted by water or any other substance.

    (14)

    Named licensee means the person acting as such for a partnership or corporation pursuant to section 3-27.

    (15)

    Person includes a corporation, partnership, association, club or institution.

    (16)

    Wholesaler or wholesale dealer means any person engaged in distributing or selling to retailers for the purpose of resale.

    (b)

    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 comparable provisions of the Georgia Alcoholic Beverage Code, Title 3 of the Official Code of Georgia Annotated.

    (c)

    As used in this chapter, the singular and 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.

    (d)

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

(Ord. of 8-18-98; Amd. of 12-21-04; Amd. of 8-1-06(1); Amd. Of 2-21-12)