§ 4-71. Consumption on the premises.

No distilled spirits may be sold by the drink for consumption on the premises where sold except:

(1)

In eating establishments regularly serving prepared food, with a full-service kitchen (a full-service kitchen will consist of a three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the health and fire departments), regularly serving food every hour they are open and deriving at least as much gross receipts annually from the sale of prepared meals or food as it derives from the sale of distilled spirits.

(2)

In indoor recreation establishments.

a.

The term "indoor commercial recreational establishment" is limited to establishments:

1.

That regularly serve prepared food, with a full-service kitchen (a full-service kitchen will consist of a three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the health and fire departments), prepared to serve food every hour they are open and deriving at least 70 percent of its total annual gross sales from the sale of prepared meals or foods and recreation activities; and

2.

Wherein the sale of food and alcoholic beverages is incidental to its primary enterprise and activity on the premises.

b.

The primary activity on the premises of the indoor commercial recreational establishment shall be family-oriented in nature, generally to mean a use which attracts a range of individuals from all age groups. Uses may specifically include, but are not limited to, dinner theaters, bowling centers, and other similar uses. Outdoor commercial recreation is not included, nor shall concession sales of alcoholic beverages be permitted. Bingo parlors, dance halls, night clubs, taverns, billiard parlors, video arcades, skating arenas, adult entertainment and/or sexually related entertainment activities, and similar uses are specifically excluded from this definition of indoor commercial recreational establishments, provided that no indoor commercial recreational establishment shall offer alcoholic beverages for sale during the time it is sponsoring events which primarily attract persons under the lawful drinking age in the state.

(3)

In an indoor publicly owned civic and cultural center capable of serving prepared food, with a full-service kitchen (a full-service kitchen will consist of three-compartment pot sink, a stove or grill permanently installed, and a refrigerator, all of which must be approved by the health and fire departments), prepared to serve good every hour they are open and deriving at least 70 percent of its total annual gross sales from the sale of prepared meals or foods and recreation activities. When eating establishments are located in hotels, motels and high-rise office and apartment buildings, every entrance to the establishment shall be from a public lobby, hallway, mall or other publicly used interior portion of the primary use structure.

(4)

No licensee under this article shall allow on the premises any gambling, lottery, video poker machines, pusher machines, and other similar machines or games that simulate casino, blackjack, poker, slot and other games of skill or chance. This provision shall not be interpreted to prevent any games officially sanctioned by the Georgia Lottery Corporation. Further, this provision shall not be interpreted to prevent any vending machines, juke boxes, or video arcade games (ex. Ms. Pacman, Galaga, Donkey Kong).

(5)

No licensee under this article shall allow on the premises any billiard table or pool table unless said licensee meets the limitations and requirements related to the percentage of total annual gross revenues from the sale of products or services other than from the sale of alcoholic beverages as established by the Georgia General Assembly in O.C.G.A. § 43-8-2, as said code section exists now or hereafter may be amended.

(Code 1993, § 5.64.420; Ord. of 10-3-2002, exh. A (part); Ord. of 8-28-2003; Ord. of 2-4-2010; Ord. of 12-1-2011; Ord. of 12-6-2012; Ord. of 10-3-2013; Ord. of 11-7-2013)