§ 4-128. Sunday sales.

(a)

Licensed establishments deriving a minimum of sixty (60) percent of their total annual gross food and beverage sales from the sale of prepared meals or food, or licensed establishments deriving at least sixty (60) percent of their total annual income from the rental of rooms for overnight lodging, are authorized to apply for a Sunday sales permit to sell and serve distilled spirits by the drink from 11:00 a.m. on Sunday until 2:00 a.m. of the following Monday. Failure to adhere to these standards shall result in the automatic revocation or denial of a Sunday sales permit by the county.

(b)

Applicants for a Sunday sales permit shall complete a form and affidavit furnished by the finance department. The finance department may, at anytime, require that the licensee obtain an audit prepared by a certified public accountant, at the licensee's expense, to ensure compliance. If an audit reveals that incorrect, incomplete or misleading information was submitted on and/or with the Sunday sales form and/or affidavit, then, the permit shall be automatically revoked by the finance department. No later than March 31st of the license year, licensee shall submit a report on monthly sales by category for the prior calendar year.

(c)

All annual permit renewals shall be filed with the finance department not later than November 30 of the year preceding the license year for which the permit is to be issued. All renewals are subject to audit prior to being renewed to ensure compliance with this chapter.

(d)

Sunday sales permits may be granted for the full calendar year or for the number of months remaining in the calendar year. The permit fee shall be prorated based on the number of months remaining in the calendar year; partial months shall be counted as a full month. Fees are not refundable and permits shall not be transferable.

(e)

Establishments which qualify for a Sunday sales license are authorized to apply for a temporary Sunday sales permit if they desire to open for special events or holidays. The temporary permit shall be valid for one (1) calendar month and partial months shall be counted as a full month. Licensees must apply thirty (30) days in advance of the issuance date.

(Code 1976, § 7-2046; Ord. No. 93-05, § 1, 3-9-93; Ord. No. 17-06 , Pt. I, 12-12-17; Ord. No. 18-07 , Pt. I, 11-13-18)

State law reference

Local authorization and regulation of Sunday sales, O.C.G.A. § 3-3-7.