§ 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:

Adult entertainment establishment means any one (1) or more of the following:

(a)

Adult bookstore. An establishment having a significant portion of its stock in trade, books, magazines, printed material, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below. For purposes of this subsection, the aforementioned items shall be collectively referred to as "adult material." It may be presumed that a business has a "significant portion of its stock in trade" in adult material if any one (1) of the following criteria is satisfied:

(1)

Twenty (20) percent or more of the merchandise displayed for sale consists of adult material; or

(2)

Twenty (20) percent or more of the stock in trade consists of adult material; or

(3)

Twenty (20) percent or more of all inventory consists of adult material; or

(4)

Twenty (20) percent or more of the retail floor area is devoted to adult material (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public); or

(5)

Twenty (20) percent or more of the gross sales (including rentals) result from the sale or rental of adult material; or

(6)

Twenty (20) percent or more of the dollar value of all merchandise displayed at any time is attributable to adult material.

(b)

Adult business. An establishment, other than those expressly specified in this section, where employees or patrons expose specified anatomical areas or engage in specified sexual activities.

(c)

Adult motion picture theater. An enclosed building with a capacity of fifty (50) or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(d)

Adult minimotion picture theater. An enclosed building, or enclosed or semi-enclosed room or booth within an enclosed building, with a capacity of less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas for observation by patrons therein.

(e)

Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

(f)

Adult video store. An establishment having a significant portion of its stock in trade, video tapes, digital video devices (DVDs), movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below. For purposes of this subsection, the aforementioned items shall be collectively referred to as "adult material." It may be presumed that a business has a "significant portion of its stock in trade" in adult material if any one (1) of the following criteria is satisfied:

(1)

Twenty (20) percent or more of the merchandise displayed for sale consists of adult material; or

(2)

Twenty (20) percent or more of the stock in trade consists of adult material; or

(3)

Twenty (20) percent or more of all inventory consists of adult material; or

(4)

Twenty (20) percent or more of the floor area is devoted to adult material (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public);

(5)

Twenty (20) percent of the gross sales (including rentals) result from the sale or rental of adult material; or

(6)

Twenty (20) percent or more of the dollar value of all merchandise displayed at any time is attributable to adult material.

(g)

Erotic entertainment/dance establishment. A nightclub, theater, or other establishment which features live performances by dancers, entertainers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. These establishments are also regulated pursuant to section 4-104 of the Code.

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

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

Beer or 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 six (6) percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.

Bottle club means any restaurant, music hall, theater or other establishment providing food or entertainment in the normal course of business, and in which the owners or their agents knowingly allow patrons to bring in and consume the patrons' own alcoholic beverages.

Day means a period of time from 12:00 a.m. through 11:59 p.m.

Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than twenty-one (21) percent alcohol by volume including, but not limited to, all fortified wines.

Family means and includes any person related to the person indicated within the first degree of consanguinity or affinity, as determined according to civil law.

Fixed salary means the amount of compensation paid any member, officer, agent or employee of a bona fide private club as may be fixed by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities that are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages.

Full service kitchen means a kitchen consisting of a commercial sink and refrigerator and either a commercial stove, grill or microwave oven approved by the health director and the police department.

Licensee means the individual to whom a license is issued or, in the case of partnership or corporation, all partners, officers and directors of the partnership or corporation.

Liter means metric measurement currently used by the United States.

Mainstream performance establishment means: theater, movie theatre, concert hall, museum, educational institution which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description, or the featuring of specified anatomical areas or specified sexual activities in that the depiction, display, description, or featuring is incidental to the primary purpose of any performance. An adult entertainment establishment within the meaning of section 15-401 of this Code is not a traditional or mainstream performance establishment within the meaning of this section.

Manufacturer means any maker, producer or bottler of an alcoholic beverage. "Manufacturer" also means:

(a)

In the case of distilled spirits, any person engaged in distilling, rectifying or blending any distilled spirits.

(b)

In the case of malt beverages, any brewer.

(c)

In the case of wine, any vintner.

Package means a bottle, can, keg, barrel or other original consumer container.

Private club means any nonprofit association organized under the laws of this state that meets all of the following criteria:

(a)

Has been in existence at least one (1) year prior to the filing of its application for a license to be issued pursuant to this chapter.

(b)

Has at least seventy-five (75) regular dues-paying members.

(c)

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

(1)

Full service kitchen and dining room space and equipment.

(2)

A sufficient number of employees for cooking, preparing and serving meals for its members and guests.

(d)

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.

Retailer, retail dealer, retail licensee or retail outlet means any person or other legal entity selling alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale.

Specified anatomical areas shall include any of the following:

(a)

Less than completely and opaquely covered human genitals or pubic region, buttocks, or female breasts below a point immediately above the top of the areola; or

(b)

Human male genitalia in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities shall include any of the following:

(a)

Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct; anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, zooerasty; or

(b)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(c)

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

(d)

Fondling or touching of nude human genitals, pubic regions, buttocks or female breasts; or

(e)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

(f)

Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

(g)

Human excretion, urination, menstruation, or vaginal or anal irrigation.

Wine means any alcoholic beverage containing not more than twenty-one (21) percent alcohol by volume made from fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added. "Wine" includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. "Wine" 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 the definition of wine contained in this section.

(Code 1976, §§ 7-2002, 7-2081; Ord. No. 98-04, Pt. 1, 4-30-98; Ord. No. 00-21, Pt. 1, § I, 3-14-00; Ord. No. 11-02, Pt. I, § 1, 11-27-01; Ord. No. 20A-03, Pt. I, 8-12-03)

State law reference

Similar provisions, O.C.G.A. § 3-1-2(24).

Cross reference

Definitions and rules of construction generally, § 1-2.