council meeting agenda september 6, 2012

COUNCIL MEETING AGENDA 3:00 P.M.

September 6, 2012 City Hall Council Chamber

1. INVOCATION: Pastor Katrina Deason of Liberty Prayer Chapel

2. MINUTES

3. UNFINISHED BUSINESS

4. PRESENTATIONS: To introduce Team Hinesville Junior Olympics participants.

5. PLANNING AND ZONING:

5-1-0. REZONING PETITION 2012-016-H: Request submitted by Bodamer-Eller, LLC owners, to rezone 0.99 acres of land, more or less, from O-I (Office Institutional District) to O-C (Office Commercial District) at 600 E. Oglethorpe Hwy. This property is further described as LCTM-Parcel 056B-146.

Action Item

5-2-0. SPECIAL PERMIT USE 2012-021-H: Request submitted by Belen Latag, agent for Woo Jin Park, owner, to have a retail store at 1310 Shaw Road. The property is zoned L-I (Light Industrial) and further described as LCTM-Parcel 048D-072.

Action Item

6. DELINQUENT TAX/BUSINESS LICENSES ORDINANCE #2012-03: To tie renewal of City Business Licenses to payment of Liberty County Personal Property Ad Valorem Tax; to aid Liberty County in the collection of said tax.

Informational Item

7. ALCOHOLIC BEVERAGE SPECIAL EVENT PERMIT FEES ORDINANCE #2012-04: To discuss fees for Alcoholic Beverage Special Event Permits.

Informational Item



8. ONE DAY SPECIAL ALCOHOL PERMIT REQUEST: The Hinesville Area Arts

Council requests a one-day special alcohol permit to sell beer during the 2012 Blues & BBQ Festival to be held on September 29, 2012.

Action Item

9. MORATORIUM ON INTERNET GAMING/SWEEPSTAKES: Resolution #2012-20 places a moratorium on the insurance of business licenses for businesses that engage in internet gaming/sweepstakes that involve electronic machines and devices, internet services, and telephone cards.

Action Item

10. NEW 2012 BUSINESS LICENSE REQUEST: Allen S. Torres requests a new business license to operate Lucky Bella’s Tattoo Studio LLC at 750 Elma G. Miles Parkway.

Action Item

11. PUBLIC COMMENTS

12. MAYOR’S REPORT 12-1-0. Sequestration Resolution #2012-19: To approve a comprehensive, balanced deficit reduction plan.

Action Item

13. COUNCILMEMBER SHAW’S REPORT 13-1-0. Report

14. COUNCILMEMBER JENKINS’ REPORT 14-1-0. Report

15. COUNCILMEMBER ANDERSON’S REPORT 15-1-0. Monthly Business License Report for August 2012

16. COUNCILMEMBER FLOYD’S REPORT 16-1-0. Report

17. MAYOR PRO TEM FRASIER’S REPORT

17-1-0. Report



18. CITY MANAGER’S REPORT

18-1-0. July 2012 Budget to Actual Financial Report Informational Item 18-2-0. Reminder about the FY 2013 Budget workshop dates.

Informational Item 18-3-0. ISO Report Informational Item 19. ADJOURN

PURPOSE: To update Mayor and Council on Team Hinesville at most recent event: The AAU Junior Olympics Games. BACKGROUND: Team Hinesville was represented by a 15 man team including 4 lifters from the Hinesville area. The team brought home four medals including two silvers, a bronze and a 6th place finish. The team finished 2nd overall loosing by only six points. Special recognition goes to the following:

• James Fox (age 17) – placed 2nd in the 85 kilogram class • Logan Avant (age 16) – placed 3rd in the 94 kilogram class • Bryce Crean (age 10) – placed 2nd in the 52 kilogram class • Morgan Crean (age 17) – placed 6th in the 77 kilogram class

FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 09, 2012 Agenda Item: 04-1-0 Team Hinesville Prepared by: Chris Wood Presented by: Chris Wood

PURPOSE: Request by Bodamer-Eller, LLC, to rezone 0.99 acres of land, more or less, from O-I (Office Institutional) to O-C (Office Commercial) at 600 E Oglethorpe which is located at the intersection with Harrison Drive. BACKGROUND: Property is further described as LCTM-Parcel 056B-146. The doctors office building at this location has two suites. One suite is occupied by Drs Bodamer and Eller. The second suite is to be leased out for another doctor’s office. A larger sign is desired to be able to accommodate all of the doctors’ names that are occupying this building. RECOMMENDATION: August 21, 2012, LCPC meeting. No recommendation can be forwarded as the LCPC Commissioners’ vote was tied 4:4 ATTACHMENTS: 05-1-1 General information 05-1-2 Legal ad and rezoning sign on property 05-1-3 Zoning Map 05-1-4 Aerial Map 05-1-5 Hinesville Sign Ordinance 05-1-6 Sign Rendering 05-1-7 Zoning Analysis 05-1-8 LCPC Recommendation PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 05-1-0 Rezoning Petition 2012-016-H Prepared by: Gabriele Hartage Presented by: Gabriele Hartage

Request submitted by Bodamer-Eller, LLC, to rezone 0.99 acres of land, more or less, from O-I (Office Institutional District) to O-C (Office Commercial District) for larger signage in order to accommodate another physician’s name on the sign. This property is further described as LCTM-Parcel 056B-146.

Property is located in the Mixed Use Corridor of Hinesville’s Downtown Redevelopment Overlay District Area.

Rezoning Petition 2012-016-H

05-1-1

Public Notification 05-1-2

Zoning Map 05-1-3

Aerial Map 05-1-4

O-I allows a 5 ft high monument sign with a signable area of 30 sq ft.

O-C allows a 12 ft high stanchion or monument sign with a signable area of 180 sq ft.

Proposed monument sign is a 10 ft high monument sign with a width of approx. 14 ft which comes out to be a signable area of approx. 140 sq ft

Hinesville Sign Ordinance 05-1-5

Proposed Sign Rendering 05-1-6

1. Does the property have reasonable economic value as currently zoned?

• Yes.

2. Does the proposed use conform to the Fort Stewart Joint Land Use Study (JLUS)?

• Property is not within 3,000 ft off of Ft. Stewart.

3. Does the proposed use conform to the Liberty County Comprehensive Plan?

• Yes.

Zoning Analysis 05-1-7 #1

4. Will there be an adverse effect on the value and usability of nearby properties?

• No adverse impact; the use will not change.

5. Is the proposed uses suitable in view of nearby uses?

• Yes.

6. Will the proposed use create a burden on streets, schools, utilities, or the provision of public safety?

• No.


7. Would this allow a short term gain at the expense of our local long term goals?

• No.

8. Would this change cause a “domino effect” and encourage sprawl?

• No.

9. Are there unique historical sites which may be adversely impacted by this zoning?

• No.


10. Is this parcel in a Flood Hazard Area?

• No.

11. Is it spot zoning and unrelated to the existing pattern of development?

• No.

12. If allowed, does this allow rights that are denied to others in this area?

• No.

13. Are there unique conditions which support approval or denial.

• No.


LCPC Recommendation

No recommendation due to a tied vote.

05-1-8

PURPOSE: Request by Belen Latag, agent for Woo Jin Park, owner, to request a Special Permit for a retail store at 1310 Shaw Road. BACKGROUND: Property is further described as LCTM-Parcel 048D-072. The property is zoned L-I (Light Industrial) and contains mini storage units. A small building to the front of the parcel was proposed to be used for a gift shop. This item was not heard since per Ordinance the retail use had to be “incidental” to the principal use to allow for a Special Permit Use; in this case since the gift shop is not “incidental” to the mini warehouses, an action was not taken by LCPC Commissioners. This ruling was based on the City attorney’s input on the meaning of “incidental”. RECOMMENDATION: August 21, 2012, LCPC meeting. Item was dismissed. ATTACHMENTS: 05-2-1 General information 05-2-2 Legal ad and rezoning sign on property 05-2-3 Linnie Darden’s memo 05-2-4 Business License Application 05-2-5 Zoning Map 05-2-6 Aerial Map 05-2-7 Survey 05-2-8 LCPC Recommendation PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 05-2-0 Special Permit Use 2012-021-H Prepared by: Gabriele Hartage Presented by: Gabriele Hartage

Request submitted by Belen Latag, agent for Woo Jin Park, owner, for a Special Permit Use to operate a retail store at 1310 Shaw Road, further described as LCTM-Parcel 048D-072. Property is zoned L-I (Light Industrial) and consists of 1.00 acres of land, more or less. Sec. 515 Light Industrial “Retail business provided such business is incidental to a permitted use and located on the premises of such permitted use.” Per tax assessor, the building to be used consists of approx. 640 sq ft. In this case the permitted use is the mini storage facility.

Special Permit Use 2012-021-H

05-2-1

Public Notification 05-2-2

05-2-3

Business License Application 05-2-4

Zoning Map 05-2-5

Aerial Map 05-2-6

Survey 05-2-7

LCPC Recommendation

Dismissal

05-2-8

PURPOSE: To present proposed Ordinance #2012-03, to tie renewal of City Business Licenses to payment of Liberty County Personal Property Ad Valorem Tax; to aid Liberty County in the collection of said tax for review. BACKGROUND: Proposed Ordinance #2012-03 will be an agenda item at the October 4, 2012 Council Meeting for discussion/approval. FUNDING: RECOMMENDATION: ATTACHMENTS: 06-1-1 Proposed Ordinance #2012-03 - Redline version 06-1-2 Proposed Ordinance #2012-03 PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 06-1-0 Ordinance #2012-03 Delinquent Tax/Business Licenses Prepared by: Rose M. Kenner Presented by: Billy Edwards

Ordinance # 2012-03

AN ORDINANCE AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HINESVILLE, GEORGIA, CHAPTER 9, ARTICLE II, SECTION 9-31, TO TIE RENEWAL OF CITY BUSINESS LICENSES TO PAYMENT OF LIBERTY COUNTY PERSONAL PROPERTY AD VALOREM TAX; TO AID LIBERTY COUNTY IN THE COLLECTION OF SAID TAX; AND FOR OTHER PURPOSES ALLOWED BY LAW.

WITNESSETH WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to enact reasonable ordinances to protect the health, safety and general welfare of the public; and WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is the Mayor and City Council thereof; WHEREAS, The Mayor and Council are authorized to require the payment of Liberty County taxes prior to renewal of City of Hinesville business licenses, and desire to amend the Code to allow for the denial of such business licenses upon the failure of any licensee to produce proof of payment, partial payment, or attempted payment of the personal property ad valorem tax due to the tax commissioner of Liberty County in connection with the licensee’s business or predecessor business; WHEREAS, the Code of the City of Hinesville sets forth the standards for review and procedures for amending any provisions of the said Code; WHEREAS, the objective of the Mayor and Council is to aid Liberty County in the collection of personal property ad valorem tax;

WHEREAS, the City Council is authorized to provide for the payment of Liberty

County personal property ad valorem tax by holders of City business licenses; NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the City of Hinesville, and it is hereby ordained by the authority of same, that CHAPTER 9, ARTICLE II, SECTION 9-31 of the Code of the City of Hinesville is amended to read as follows:

SECTION I ORDINANCE TEXT

Sec. 9-31

(a) All approved business licenses must be purchased from the City Clerk within the 30 calendar days following approval. If not purchased by the licensee within the 30-day period, the license will be declared null and void, requiring that a new application be submitted for consideration.

(b) All business license renewals from the previous year become delinquent if not paid on or before January 1. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall pay a penalty of ten percent of the tax or fee due.

(c) There shall be interest paid on delinquent occupation taxes imposed by this chapter at a rate of 1.5 percent per month.

(d) All new business license applications require that the license fee be attached to the application form prior to submission for consideration.

(e) All renewals or new business license applications for the sale of alcoholic beverage shall be paid on or before December 31, of each year. If not paid by December 31, no alcoholic beverage sales will be permitted until license is paid for.

(f) After 90 days delinquent, the business will be closed until all fees, taxes and penalties and interest are paid in full.

(g) (1) No business license renewal shall be issued to any licensee who fails to

provide proof of payment or proof of satisfactory arrangements with the Liberty County Tax Commissioner, for payment of the personal property ad valorem tax due to the Liberty County Tax Commissioner in connection with his or her business.

(2) No business license renewal shall be issued to any licensee who fails to provide proof of payment or proof of satisfactory payment arrangements with the Liberty County Tax Commissioner for payment of the personal property ad valorem tax due to the Liberty County Tax Commissioner in connection with any predecessor business. For purposes of this subsection (g)(2), a predecessor business (whether a sole proprietorship, corporation, partnership or other entity) shall be any business engaged in substantially the same or related business as the licensee and from whom the licensee acquired title to or possession of a substantial portion of its personal business property, either directly or indirectly, and for which personal property ad valorem taxes are outstanding.

(3) Proof of payment for any business or predecessor business shall consist of a receipt from the Liberty County Tax Commissioner indicating full payment of said tax. Proof of satisfactory payment arrangements for any business or predecessor business shall consist of a legally binding agreement, signed by the licensee and the Liberty County Tax Commissioner or his or her representative, setting forth a plan for the payment of said tax.

(4) A business license may not be denied under this subsection (g) with respect to personal property ad valorem taxes:

(i) Due in the current calendar year; (ii) Presently the subject of lawful appeal; or (iii) Not collectible by virtue of duly enacted statute, ordinance, or other law.

(5) This subsection (g) shall apply only to business license renewals for the 2013 calendar year and beyond.

(6) The policies and procedures for administration of this subsection (g) shall be dictated by the office of the City Clerk.

SECTION II SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision.

SECTION III REPEALER

All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION IV EFFECTIVE DATE

This Ordinance shall become effective on the ______ day of ___________, 2012.

APPROVED this _____ day of _______________, 2012 by the Mayor and Council of

the City of Hinesville.

_____________________________

James Thomas, Jr., Mayor

_____________________________ Charles Frasier, Mayor Pro Tem _____________________________

Jason Floyd, Council Member _____________________________ David Anderson Sr., Council Member _____________________________ Keith Jenkins, Council Member _____________________________ Kenneth Shaw, Council Member ATTEST: ________________________________ Sarah Lumpkin, City Clerk (SEAL)

Ordinance # 2012-03

AN ORDINANCE

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HINESVILLE, GEORGIA, CHAPTER 9, ARTICLE II, SECTION 9-31, TO TIE RENEWAL OF CITY BUSINESS LICENSES TO PAYMENT OF LIBERTY COUNTY PERSONAL PROPERTY AD VALOREM TAX; TO AID LIBERTY COUNTY IN THE COLLECTION OF SAID TAX; AND FOR OTHER PURPOSES ALLOWED BY LAW.

WITNESSETH WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to enact reasonable ordinances to protect the health, safety and general welfare of the public; and WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is the Mayor and City Council thereof; WHEREAS, The Mayor and Council are authorized to require the payment of Liberty County taxes prior to renewal of City of Hinesville business licenses, and desire to amend the Code to allow for the denial of such business licenses upon the failure of any licensee to produce proof of payment, partial payment, or attempted payment of the personal property ad valorem tax due to the tax commissioner of Liberty County in connection with the licensee’s business or predecessor business; WHEREAS, the Code of the City of Hinesville sets forth the standards for review and procedures for amending any provisions of the said Code; WHEREAS, the objective of the Mayor and Council is to aid Liberty County in the collection of personal property ad valorem tax; WHEREAS, the City Council is authorized to provide for the payment of Liberty County personal property ad valorem tax by holders of City business licenses; NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the City of Hinesville, and it is hereby ordained by the authority of same, that CHAPTER 9, ARTICLE II, SECTION 9-31 of the Code of the City of Hinesville is amended to read as follows:

SECTION I ORDINANCE TEXT

Sec. 9-31 (a) All approved business licenses must be purchased from the City Clerk within the 30 calendar days following approval. If not purchased by the licensee within the 30-day period, the license will be declared null and void, requiring that a new application be submitted for consideration. (b) All business license renewals from the previous year become delinquent if not paid on or before January 1. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall pay a penalty of ten percent of the tax or fee due. (c) There shall be interest paid on delinquent occupation taxes imposed by this chapter at a rate of 1.5 percent per month. (d) All new business license applications require that the license fee be attached to the application form prior to submission for consideration. (e) All renewals or new business license applications for the sale of alcoholic beverage shall be paid on or before December 31, of each year. If not paid by December 31, no alcoholic beverage sales will be permitted until license is paid for. (f) After 90 days delinquent, the business will be closed until all fees, taxes and penalties and interest are paid in full. (g) (1) No business license renewal shall be issued to any licensee who fails to provide proof of payment or proof of satisfactory arrangements with the Liberty County Tax Commissioner, for payment of the personal property ad valorem tax due to the Liberty County Tax Commissioner in connection with his or her business. (2) No business license renewal shall be issued to any licensee who fails to provide proof of payment or proof of satisfactory payment arrangements with the Liberty County Tax Commissioner for payment of the personal property ad valorem tax due to the Liberty County Tax Commissioner in connection with any predecessor business. For purposes of this subsection (g)(2), a predecessor business (whether a sole proprietorship, corporation, partnership or other entity) shall be any business engaged in substantially the same or related business as the licensee and from whom the licensee acquired title to or possession of a substantial portion of its personal business property, either directly or indirectly, and for which personal property ad valorem taxes are outstanding. (3) Proof of payment for any business or predecessor business shall consist of a receipt from the Liberty County Tax Commissioner indicating full payment of said tax. Proof of satisfactory payment arrangements for any business or predecessor business shall consist of a legally binding agreement, signed by the licensee and the Liberty County Tax

Commissioner or his or her representative, setting forth a plan for the payment of said tax. (4) A business license may not be denied under this subsection (g) with respect to personal property ad valorem taxes: (i) Due in the current calendar year; (ii) Presently the subject of lawful appeal; or (iii) Not collectible by virtue of duly enacted statute, ordinance, or other law. (5) This subsection (g) shall apply only to business license renewals for the 2013 calendar year and beyond. (6) The policies and procedures for administration of this subsection (g) shall be dictated by the office of the City Clerk.

SECTION II SEVERABILITY

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct, and independent provision.

SECTION III REPEALER

All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

SECTION IV EFFECTIVE DATE

This Ordinance shall become effective on the ______ day of ___________, 2012. APPROVED this _____ day of _______________, 2012 by the Mayor and Council of

the City of Hinesville.

_____________________________ James Thomas, Jr., Mayor

_____________________________

Charles Frasier, Mayor Pro Tem

_____________________________ Jason Floyd, Council Member

_____________________________

David Anderson Sr., Council Member

_____________________________ Keith Jenkins, Council Member

_____________________________

Kenneth Shaw, Council Member

ATTEST:

________________________________ Sarah Lumpkin, City Clerk

(SEAL)

PURPOSE: To present proposed Ordinance #2012-04, Alcoholic Beverage Special Event Permit Fees for review. BACKGROUND: Proposed ordinance #2012-04 will be an agenda item at the October 4, 2012 Council Meeting for discussion/approval. FUNDING: RECOMMENDATION: ATTACHMENTS: 07-1-1 Proposed Ordinance #2012-04 - Redline version PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 07-1-0 Ordinance #2012-04, Alcoholic Beverage Special Event Permit Fees Prepared by: Rose M. Kenner Presented by: Billy Edwards

Chapter 3: Alcoholic Beverages ARTICLE I. IN GENERAL Sec. 3-1. 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:

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

Alcoholic beverage - All alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. Distilled spirits - Any alcoholic beverage obtained by distillation or containing more than

twenty-one percent (21%) alcohol by volume, including but not limited to all fortified wines. Fortified wine - Any alcoholic beverage containing more than twenty-one percent (21%)

alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy.

License year - The 1st day of January through the 31st day of December of the year of application.

Licensee - The person holding a license to engage in the sale of alcoholic beverages. Malt beverage - 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 percent (6%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, also known as Japanese rice wine.

One-time event – A private event of no more than three (3) consecutive days’ duration at which alcoholic beverages are sold and/or served by a Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization and which is held indoors in a privately-owned or rented venue and/or outdoors in a privately-owned or rented defined geographic area. A one-time event shall not include private events at which alcohol is served by a private individual or individuals.

Premises - A definite open, closed or partitioned locality, whether located indoors in a room, shop or building, or outdoors in a defined geographic area, as specified on the licensee’s alcoholic beverage license application, wherein alcoholic beverages are sold.

Public event – An event of no more than three (3) consecutive days’ duration at which alcoholic beverages are sold and/or served by a Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization, which is held indoors in a temporary venue and/or outdoors in a defined geographic area, and which the general public is invited to attend.

Quasi-public event – A private event of no more than three (3) consecutive days’ duration at which alcoholic beverages are sold and/or served by a Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization and which is held on public property, indoors in a temporary venue and/or outdoors in a defined geographic area; or which is held indoors in a privately-owned or rented venue and/or outdoors in a privately-owned or rented defined geographic area and which may have the effect or propensity to attract the notice of people who are not a part of such an event.

Sale by package - The sale or dispensing of alcoholic beverages in unbroken original con-tainers for consumption in a location other than the licensed premises.

Sale by the drink for consumption on the premises - The sale or dispensing of alcoholic

Comment [LDI1]: Please note that while we have not changed the content of these definitions, since the draft sent on 3/13 we have rearranged the wording to make them more clear.

beverages by the drink or in broken packages for consumption on the licensed premises. Wine - Any alcoholic beverage containing not more than twenty-one percent (21%) alcohol by

volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combination of such beverages, vermouth, special natural wines, rectified wines, and like products. The term 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 wine at that point in the manufacturing process when it conforms to the definition of “wine” contained in this section. (Code 1978, § 3-1; Ord. No. 2000-7, § I(1), 11-16-2000; Ord. No. 2009-05, § I, 12-3-2009) Sec. 3-2. Applicability. This chapter shall apply to all of the incorporated areas of the City only. (Code 1978, § 3-64) Sec. 3-3. Possession, consumption by minors; minimum age for admission to Class III

alcoholic beverage establishment; suspension or revocation of license for chapter violations.

(a) It shall be unlawful for any person under the age of twenty-one (21) years to drink or possess any alcoholic beverages.

(b) It shall be unlawful for any minor to possess any alcoholic beverages except where the minor is an agent, servant or employee of an alcoholic beverage licensee and is further engaged in the sale or disbursement of alcoholic beverage on the business premises of the licensee at the time of possession.

(c) No person under the age of twenty-one (21) shall be permitted to enter upon the premises or remain in any business establishment granted the privilege of a Class III on-premises consumption alcoholic beverage license unless such person is an agent, servant or employee of the Class III on-premises consumption alcoholic beverage licensee.

(d) For violation of any section of this chapter, the license shall be subject to suspension or revocation. (Code 1978, § 3-4; Ord. No. 2002-05, § I, 1-2-2003) ARTICLE II. DEALERS DIVISION 1. GENERALLY Sec. 3-25. Compliance with health standards.

All persons or entities engaging in operating establishments for the sale of alcoholic beverages within the City shall comply with the health standards of the City as prescribed by the Mayor and City Council. (Code 1978, § 3-15) Sec. 3-26. Premises to be maintained in sanitary condition; unlawful to permit disturbance

of the peace, obscenity, etc. All premises shall be kept clean and in proper sanitary condition and in full compliance with

the provisions and regulations governing the conditions of premises used for storage and sale of

Comment [A2]: Amended this section to cover anyone who sells alcoholic beverages in the City, as opposed to only those who sell in dedicated establishments.

food for human consumption. It shall be unlawful to permit any disturbance of the peace or, obscenity, or any lewd or unlawful entertainment, conduct or practices. (Code 1978, § 3-2) Sec. 3-27. Sale from residence or home prohibited.

It shall be unlawful for any person to sell alcoholic beverages to any person from any private home or residence. (Code 1978, § 3-8) Sec. 3-28. Hours of sale and operation.

(a) Hours of sale. It shall be unlawful for any establishment, Licensed Alcoholic Beverage Caterer, or bona fide nonprofit civic organization engaged in the sale or disbursement of alcoholic beverages to sell, serve, barter, trade or give away any such beverages from and after the hour of 3:00 a.m. on Monday through Friday Saturday, or to sell, serve, barter, trade or give away such beverages after the hour of 12:00 a.m. (midnight) on Saturday Sunday. Any such establishment, Licensed Alcoholic Beverage Caterer, or bona fide nonprofit civic organization is further prohibited from engaging in the sale of such beverages before the hour of 8:00 a.m. on any day of the week, except for Sunday. In no event shall any suchNo establishment, Licensed Alcoholic Beverage Caterer, or bona fide nonprofit civic organization shall sell, serve, barter, trade or give away any alcoholic beverage during any hours on Sunday, except as provided in subsection (d).

(b) Hours of operation. It shall be unlawful for any establishment, Licensed Alcoholic Beverage Caterer, or bona fide nonprofit civic organization engaged in the sale of alcoholic beverages to remain open after the hour of 3:00 a.m. on Monday through FridaySaturday or to remain open after the hour of 12:452:00 a.m. on Sunday. Such establishments, Licensed Alcoholic Beverage Caterers, or bona fide nonprofit civic organizations that engage in the sale or disbursement of alcoholic beverages are to remain closed until 8:00 a.m. each day. In no event shall any establishment holding a Class III alcoholic beverage license remain open after the hour of 2:00 a.m. on Sunday and such establishments are to remain closed until 8:00 a.m. on Monday. All grocery and convenience type stores are exempted from the provisions of this subsection.

(c) Sunday sales prohibited. No alcoholic beverages shall be sold, offered for sale, dispensed, or given away, in any place of business or on any one-time event, public event, or quasi-public event premises on Sunday, except as provided in subsection (d). Every person operating a place of business solely and exclusively for the purpose of selling or dealing in alcoholic beverages shall keep such business closed on Sunday.

(d) Sunday sale of alcoholic beverages. The licensee of any eating establishment holding a class Class I or class Class II license desiring the privilege to sell or otherwise dispense distilled spirits, malt beverages, or wine on Sunday in accordance with this subsection shall, before dispensing such beverages on Sunday, file an affidavit with the City Clerk, certifying under oath that:

(1) Such establishment holds or has applied for a current City business license to operate a restaurant, and holds or has applied for a current alcoholic beverage license, and

(2) Such establishment, if an existing business, derived at least 90 ninety percent (90%) (Class I) or 60 sixty percent (60%) (class Class II) of its total annual gross food and beverage sales income from the sale of prepared meals or food during the preceding calendar year or, if a new business, fully intends and expects to derive at least 90 ninety

Comment [A3]: Opening hours have been extended until 2:00 AM as requested. Sunday sales are still prohibited.

Comment [LDI4]: Since the draft sent on 3/13, we have added language for purposes of clarification.

percent (90%) (Class I) or 60 sixty percent (60%) (Class II) of its total annual gross food and beverage sales income from the sale of prepared meals or food during the remainder of the current calendar year.

Such affidavit may be submitted at any time that the above stated conditions are met, and must be submitted annually with such establishment’s alcoholic beverage license renewal application if Sunday sales authorization is to be continued.

The alcoholic beverage license of an establishment which has properly filed such affidavit will be marked to indicate authorization to dispense alcoholic beverages between the hours of 12:30 p.m. Sunday and 12:00 a.m. (midnight) SundayMonday. Any establishment not complying with this section is hereby specifically prohibited from dispensing alcoholic beverages on Sunday.

To qualify for a Sunday sales permit, any licensed restaurant, in addition to the above re-quirements, shall be a bona fide public eating place which actually and regularly prepares and serves food on the premises; shall have a full kitchen facility open and operating to prepare food on the premises for consumption in the establishment, such kitchen to include at a minimum one cooking stove and/or oven or equivalent apparatus (this requirement is not met by a microwave oven and/or food rotisserie), one standard size food refrigerator and freezer, kitchen sink, and any and all food service requirements of the Liberty County Health Department; shall have a specific area of the establishment set aside, set up, and operating to serve prepared food on the premises; shall have a printed or posted menu from which selections for prepared food can be made; and shall provide its full food service to the public on any Sunday when alcoholic beverages are dispensed. Any holder of a Class V license operating under City of Hinesville Class I or Class II license for consumption on the premises shall be eligible for Sunday sales on one-time event, public event, or quasi-public event premises. (Code 1978, § 3-9; Ord. No. 2001-8, § I(1), 2-7-2002; Ord. No. 2007-12, § I(1), 12-20-2007) Sec. 3-29. Sunday and Christmas Day closing.

Except for those establishments operating in compliance with section 3-28, it shall be unlawful for any establishment engaged in the sale of alcoholic beverages to remain open on Sunday after 12:452:00 a.m. or on Christmas Day. (Code 1978, § 3-10; Ord. No. 2007-12, § I(2), 12-20-2007)

State law reference—Sale of alcoholic beverage on Sunday, Christmas Day, and election days, O.C.G.A. § 3-3-20. Sec. 3-30. Operation after 12:452:00 a.m. on Sunday.

Any violation of the laws and ordinances outlined in this section and witnessed by State, County, City or other Law Enforcement Officials or determined to have occurred by a court of competent jurisdiction shall be sufficient reason for an immediate thirty (30) day suspension of said alcohol licenses by the Police Committee of theMayor and City Council. Within the thirty (30) day suspension period, a public hearing shall be held by the Mayor and City Council at which time the licensee shall have the opportunity to show why such license should not be permanently revoked by the Mayor and City Council. Any such violation committed by a Licensed Alcoholic Beverage Caterer whose yearly license is issued by the City and which occurs under a Class V license for consumption on the premises may be treated as a violation of the license-holder’s yearly license. Any such violation committed by a Licensed Alcoholic Beverage Caterer operating under a yearly license from another Georgia municipality or by a bona fide nonprofit civic organization and which occurs under a Class V license for consumption

Comment [LDI5]: Rationale for not allowing Sunday sales by licensed alcoholic beverage caterers other than those holding Class I or Class II licenses: the City would likely have to pass an ordinance and referendum pursuant to O.C.G.A. 3-3-2-(h).

Comment [LDI6]: Since the draft sent on 3/14, we have changed the word ‘shall’ to ‘may’ to give the Mayor and Council more flexibility.

on the premises may bar the Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization from applying for and holding a Class V license for a period of two (2) years. (Code 1978, § 3-11; Ord. No. 2007-12, § I(3), 12-20-2007) Sec. 3-31. Sale to certain persons prohibited.

No licensee shall sell or give away, or permit the sale or gift to, or the procuring for, any alcoholic beverage to any person under twenty-one (21) years of age, to any person who is mentally incompetent, or to any person who is physically or mentally incapacitated due to the consumption of alcoholic beverages.

(1) Proper identification. It shall be the duty of the licensee to ensure that any person, acting as an employee or agent on behalf of the licensee and engaged in selling, bartering, trading, giving or otherwise furnishing of any alcoholic beverage to any consumer, request to see and to be furnished with proper identification in order to verify the consumer’s age.

(2) Punishment or suspension/revocation of business license for chapter violations. For violation of any section of this chapter, the license of the licensee shall be subject to suspension or revocation by the Mayor and City Council. Furthermore, any person violating any section of this chapter shall be subject to any or all penalties as set forth in section 1-12, penalties to be imposed at the discretion of the Municipal Court Judge and/or penalties imposed by State law.

(Code 1978, § 3-3; Ord. No. 2000-7, § I(2), 11-16-2000; Ord. No. 2002-03, § I, 10-1-2002) State law reference—Sales to underage persons and intoxicated persons, O.C.G.A. § 3-3-22 et seq. Sec. 3-32. Misrepresentation of age. It shall be unlawful for any person under the age as provided in O.C.G.A. § 3-3-23 or as other-wise provided by State law to willfully misrepresent his age to any other person for the purpose of inducing such other person to dispense, sell or give to the person making such false representation, any alcoholic beverage of any kind or description. (Code 1978, § 3-14) DIVISION 2. LICENSES GENERALLY Sec. 3-53. Mayor and City Council to prescribe application forms and request

information; failure of applicant to produce persons for interrogation. The Mayor and City Council shall prescribe forms for new or renewal applicants for a license

to sell alcoholic beverages hereunder. All applicants shall furnish all data, information and records requested of them by the Mayor and City Council and failure to furnish such data, information and records within thirty (30) days from the date of such request shall automatically serve to dismiss, with prejudice, the application. Applicants, by filing an application, agree to produce for oral interrogation any person requested by the Mayor and City Council. Failure to produce such person within thirty (30) days after being requested to do so shall result in the automatic dismissal of such application. (Code 1978, § 3-25) Sec. 3-54. Factors considered in issuing licenses or in renewing licenses other than Class V.

In determining whether or not any license applied for hereunder or any renewal of any license


Comment [A8]: Because most annual events are not held on the same day or days each year, a one-year ban may not result in any real punishment for the violator and would therefore be ineffective. A two-year ban will ensure that the violator is punished by missing at least one alcoholic beverage catering opportunity.

shall be granted in addition to all provisions of this chapter and any other provisions of this Code not inconsistent herewith, the following shall be considered in the public interest and welfare:

(1) The applicant’s reputation, character, mental and physical capacity to conduct this business;

(2) If the applicant is a previous holder of a license to sell alcoholic beverages, whether or not he has violated any law, regulation or ordinance relating to such business;

(3) If the applicant is a previous holder of a license to sell alcoholic beverages the manner in which he conducted the business hereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinances relating to such business;

(4) The location for which the license is sought as to traffic congestion, the general character of neighborhood, and the effect such an establishment would have on the adjacent and surrounding property values;

(5) The number of licenses already granted for similar businesses in the trading area of the place for which the license is sought; and

(6) A Whether a person whose license has been issued under the police powers of any governmental entity has been previously suspended or revoked.

(Code 1978, § 3-5; Ord. No. 2000-7, § I(4), 11-16-2000) Sec. 3-55. Procedure for Issuance of Class V licenses for consumption on the premises.

The sale and/or serving of alcoholic beverages at a one-time event, public event, or quasi-public event shall require a Licensed Alcoholic Beverage Caterer, as defined by O.C.G.A. § 3-11-1(2) or bona fide nonprofit civic organization, as defined by O.C.G.A. 3-9-5, to obtain from the City a Class V license for consumption on the premises, as well as comply with all applicable state and federal laws regarding events and the sale, taxation, and transportation of alcoholic beverages.

All Class V licenses must be applied for and fees paid not later than thirty (30) days from the first day of the special event. No applications for Class V licenses shall be accepted if submitted less than thirty (30) days from the first day of the one-time event, public event, or quasi-public event.

(1) For a one-time event, the issuance of a Class V license for consumption on the premises

shall require the Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization to make an application to the City, providing the name and address of the person or organization responsible for the staging of the proposed event; the name and address of the Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization; the Licensed Alcoholic Beverage Caterer’s license number and city of issuance, if applicable; a description establishing the private nature of the event; the date, time and location of the event, including a specific description of the premises where alcoholic beverages are to be sold and/or served; the number of persons expected to attend the event; the nature and estimated quantity of all alcoholic beverages anticipated to be sold and/or served; a description of special parking arrangements; a description of planned security arrangements; and other such information as requested.

(2) For a public event or quasi-public event, the issuance of a Class V license for consumption on the premises shall require the licensed alcoholic beverage caterer or bona fide nonprofit civic organization to make an application to the City, providing the name

Comment [LDI9]: A “licensed alcoholic beverage caterer” is any retail dealer who has been licensed pursuant to Article 2, Chapter 4 (distilled spirits), Article 2 Chapter 5 (malt beverages), and Article 2 Chapter 6 (distilled spirits) of O.C.G. A. Title 3. This definition includes entities licensed in jurisdictions other than Hinesville, but does NOT include nonprofit organizations not having a license to sell alcoholic beverages.

Comment [LDI10]: A “bona fide nonprofit civic organization” is “an entity which is exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of 26 U.S.C. Section 501.”

and address of the person or organization responsible for the staging of the proposed event; the name and address of the Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization; the Licensed Alcoholic Beverage Caterer’s license number and city of issuance, if applicable; a description establishing the public or quasi-public nature of the event; the date, time and location of the event, including a specific description of the premises where alcoholic beverages are to be sold and/or served; the number of persons expected to attend the event; the nature and estimated quantity of all alcoholic beverages anticipated to be sold and/or served; a description of special parking arrangements; a description of planned security arrangements; and other such information as requested.

(3) All applicants for the issuance of a Class V license for consumption on the premises shall be required to appear before the Mayor and Council. The Mayor and Council shall have the authority to approve or reject the application. The Mayor and Council shall decide the nature of any security and/or parking arrangements, for which the person or organization staging the one-time event, public event, or quasi-public event shall be responsible. The Mayor and Council shall have the discretion to require the person or organization staging the event to designate and clearly mark the specific areas in which alcoholic beverages may be consumed, through the use of ropes, barricades, stanchions, or similar devices.

Sec. 3-5556. No licenses issued to convicted persons. No original license shall be issued to any person, partnership, or corporation organized for pecuniary gain where any individual having any interest either as owner, partner, principal stock-holder, directly or indirectly beneficial or absolute shall have been convicted or shall have taken a plea of guilty or nolo contendere within ten five years immediately prior to the filing of said application for any felony or misdemeanor of any state or of the United States or any municipal or County ordinance or resolution except traffic violations, excluding any period of incarceration; t. The term “conviction” shall include an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include any offenses expunged from an individual’s criminal record or those offenses adjudicated under a First Offender plea. W; except that where the violation is for a misdemeanor, forfeiture of bond for a violation of a municipal or cCounty ordinance or resolution, then the City Council, after investigation, may waive same as a disqualification. (Code 1978, § 3-6; Ord. No. 2000-7, § I(5), 11-16-2000) Sec. 3-5657. No license granted to any applicant who is not a citizen of the United States

and a resident of the State. The applicant for an alcohol license, whether full-year, part-year, or event license, shall be a

citizen of the United States and the owner of the business or head of the organization; or if the owner of the business is a corporation, partnership or other legal entity, the applicant may be a substantial and major partner or stockholder or the manager of the business responsible for the regular operation of said business on the premises for which the license is issued. The person who will have day-to-day operating responsibility for the business or organization and who shall actively operate the business or organization on a day-to-day basis, either the applicant or a person designated by the applicant as the manager, shall be a resident of Liberty County. This residency requirement shall apply to all Licensed Alcoholic Beverage Caterers and bona fide

Comment [LDI11]: Upon review of the City of Gainsville’s alcoholic beverage ordinance, we have added the highlighted language.

Comment [LDI12]: This and subsequent sections have been renumbered because a new section (Sec. 3-55, above) has been inserted.

Comment [LDI13]: The language change in this section has been added pursuant to the Mayor’s comments. There is no language in state law that prohibits felons from holding an alcoholic beverage license.

nonprofit civic organizations. (Code 1978, § 3-7; Ord. No. 2000-7, § I(6), 11-16-2000) Sec. 3-5758. Distance from libraries, churches, schools, etc.

(a) License for on-premises consumption. (1) Distance requirement. No original license for consumption on the premises shall

be issued for any location in the City unless the building in which the business of the proposed locationpremises is situated at least the required distance, as set forth in this subsection, from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, and at least the required distance, as set forth in this subsection, from any property line of any school or college campus, and at least the required distance, as set forth in this subsection, from any area zoned residential or any residence on residentially zoned property, and at least the required distance, as set forth in this subsection from any government-run alcoholic treatment center and housing authority property. The If a Class I, II, III, or IV license for consumption on the premises, or license for off-premises consumption, the distance set out shall be measured in a straight line and shall be computed from the property line of the aforesaid library, church, shrine, chapel, mortuary, other place used exclusively for religious services, school, college campus, area zoned residential, residential area, or residence on residentially zoned property, government-run alcoholic treatment center or housing authority property to the building of the location in which is located the business for which the license is being sought. If a Class V license for consumption on the premises, the distance set out shall be measured in a straight line and shall be computed from the property line of the aforesaid library, church, shrine, chapel, mortuary, other place used exclusively for religious services, school, college campus, area zoned residential, residentially zoned property, government-run alcoholic treatment center or housing authority property to the building in which the one-time event, public event, or quasi-public event is located; or, if held at an outdoor premises, to the nearest boundary of the premises, as defined in the application for a Class V license.

(2) License classifications. On-premises consumption of alcohol licenses shall be classified as follows: a. Class I license, restaurant with a full kitchen but without a bar. Must derive a

minimum of 90ninety percent (90%) of income from the sales of food. No original Class I license for consumption on premises shall be issued for any location in the City unless the building in which the business of the proposedis locationed is situated at least twenty-five (25) feet from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, and at least twenty-five (25) feet from any property line of any school or college campus, and at least twenty-five (25) feetfrom any area zoned residential; andat least one hundred twenty (120) feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and three hundred (300) feet from any government-owned and operated treatment center or housing authority property.

b. Class II license, restaurant with a full kitchen with a bar. Must derive a minimum

of sixty percent (60%) of gross revenue from food sales. Must comply with

Comment [A14]: We must add to the minimum distance restrictions set forth below in order to comply with State law (O.C.G.A. 3-3-21). Necessary additional restrictions are: 100 yards from any government-run alcoholic treatment center and 100 yards from any housing authority property. State law permits municipalities to regulate the distances for sale of alcohol from churches, schools, and colleges.

Comment [LDI15]: This language has been added since the draft sent on 3/13 to make this sentence consistent with the remainder of the amended section.

required parking as detailed in the zoning ordinance. No original Class II license for consumption on the premises shall be issued for any location in the City unless the building in which the business of the proposedis locationed is situated at least eighty (80) feet from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, and at least eighty (80) feet from any property line of any school or college campus, and at least eighty (80) feet fromany area zoned residential; and at least one hundred twenty (120) feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least three hundred (300) feet from any government-owned and operated alcoholic treatment center or housing authority property.

c. Class III license, nightclub, bar, tavern, etc. Any license that would not qualify as a

Class I, Class II, Class IV or Class V. Must comply with required parking as de-tailed in the zoning ordinance. No original Class III license for consumption on the premises shall be issued for any location in the City unless the building in which the business of the proposed locationis located is situated at least three hundred (300) feet from any property line of any library, church, shrine, chapel, or a mortuary, or other place used exclusively for religious services, and at least three hundred (300) feet from any property line of any school or college campus; ,and at least two hundred (200) feet from any area zoned residential and any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least three hundred (300) feet from any government-owned and operated alcoholic treatment center or housing authority property.

d. Class IV license, billiard parlor or bowling alley. Must derive a minimum of

fifteen percent (15%) of gross income from food sales and a total of sixty percent (60%) of gross income from a combination of food sales and revenues from billiards and/or bowling. Must comply with required parking as detailed in the zoning ordinance. No original Class IV license for consumption on the premises shall be issued for any location in the City unless the building in which the business of the proposed locationis located is situated at least three hundred (300) feet from any property line of any library, church, shrine, chapel, or a mortuary, or other place used exclusively for religious services, and at least 300 feet from any property line of any school or college campus;, and at least two hundred (200) feet from any area zoned residential and any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least three hundred (300) feet from any government-owned and operated alcoholic treatment center or housing authority property.

e. Class V license, public, quasi-public, and one-time events. Upon application to the City, a Class V license, for the purpose of selling beer, wine, and liquor for consumption at one (1) one-time event, public event, or quasi-public event premises for a maximum of three (3) consecutive days, may be issued to: (1) any Licensed Alcoholic Beverage Caterer, as defined by O.C.G.A. § 3-11-1(2),

including any Class I, II, III or IV license holder in the City, any holder of a

license for consumption off the premises in the City, and any holder of an alcoholic beverage license for consumption on or off the premises from another municipality within the State; or

(2) any bona fide nonprofit civic organization, as defined by

O.C.G.A. § 3-9-5.

No Class V license for consumption on the premises shall be issued for any location in the City unless the building or site in which the one-time event, public event, or quasi-public event is to take place is situated at least fifty (50) feet from any property line of any library, church, shrine, chapel or a mortuary, or other place used exclusively for religious services, any school or college campus, and from any area zoned residential; at least one hundred twenty (120) feet from any residence on residentially zoned property when measured in a straight line between the nearest points of the two buildings; and at least three hundred (300) feet from any government-owned and operated alcoholic treatment center or housing authority property.

(b) Licenses for off-premises consumption. Licenses for consumption off the premises may

be issued, provided that the building in which the business of the proposed locationis located is situated more than one hundred fifty (150) feet from any area zoned residential or any residence on residentially zoned property or three hundred (300) feet from any school, library, church, shrine, or other place used exclusively for religious services, when measured from the portal of public entrance of such building where the license is sought to the nearest portal of any dwelling in such residential area or to the nearest portal of any residence on residentially zoned property or to the portal of any school, library, church, shrine, or other place used exclusively for religious services. Such measurement shall be made by following the public entrance of the building where the license is sought to the portal of the said nearest dwelling in any area zoned residential and any residence on residentially zoned property or the portal of any school, library, church, shrine, or other place used exclusively for religious services, whichever the case may be. (Code 1978, § 3-16; Ord. No. 1991-2, § 1, 6-6-1991; Ord. No. 2000-7, §§ I(9), I(10), 11-16-2000; Ord. No. 2001-8, §§ I(2), I(3), 2-7-2002; Ord. No. 2002-05, § I, 1-2-2003; Ord. No. 2005-10, § I, 10-6-2005; Ord. No. 2011-03, § I, 3-3-2011)

State law reference—Location restrictions, O.C.G.A. § 3-3-21. Sec. 3-5859. License fees.

The fees to be paid to the City for alcoholic beverage licenses shall be as established in the schedule of fees and charges. Sec. 3-59. License must be obtained and fees paid within 30 days of approval of application. All licenses except Class V (catering) licenses for consumption on special event premises must be obtained and fees paid not later than thirty (30) days from the date of approval of the application and if not so obtained, the permit shall be void. All Class V (catering) licenses for consumption on special event premises must be obtained and fees paid not later than the first day of the special event and if not so obtained, the permit shall be void. (Code 1978, § 3-18) Sec. 3-60. Term of license.

Except as provided in section 3-58, no license, except a Class V license for consumption on

Comment [LDI16]: This entire section has been deleted because it conflicted with Sec. 3-100. A requirement that Class V licenses must be applied for and fees paid no later than 30 days before the event or has been added to the new Sec. 3-55.

the premises, shall be issued for less than a calendar-year period, or the remainder thereof; and in case of the revocation or surrender of such license before the expiration of such calendar-year period, the holder thereof shall not be entitled to receive any refund whatsoever. When any new license, except a Class V license for consumption on the premises, is granted on or after the 1st day of July, in any year, the license fee for the remaining portion of the year shall be fifty percent (50%) of the annual license fee imposed for the entire year. A Class V license for consumption on the premises may be issued for a maximum of three (3) consecutive days at the rate established in the City’s schedule of fees and charges. (Code 1978, § 3-17; Ord. No. 2009-05, § I, 12-3-2009) Sec. 3-61. Renewal.

All licensees hereunder shall be required to apply for renewal of their licenses annually on forms prescribed by the Mayor and City Council of the City and must comply with all the provi-sions, except that no Class V license for consumption on the premises shall be eligible for annual renewal. Each one-time event, public event, or quasi-public event shall require a separate application and separate Class V license for consumption on the premises.

(Code 1978, § 3-20) Sec. 3-62. License a grant or privilege; authority of City to deny application.

Licenses hereunder shall be mere grants or privileges and the Mayor and City Council shall have the discretion to approve or deny any application for a license to sell alcoholic beverages by the drink or by the package. (Code 1978, § 3-21) Sec. 3-63. Licenses not transferable; exceptions for partnerships.

(a) Licenses hereunder shall not be transferable, except as otherwise provided herein. In case of the death of any person holding such a license, or any interest therein, the same may be trans-ferred to the Administrator, executor or the lawful heirs of the deceased person, if otherwise qualified.

(b) Nothing in this section, however, shall prohibit one or more of the partners in a partnership holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. Such a withdrawal shall not, however, serve to bring any new ownership into the partnership.

(c) Should a transfer of a location be approved, there shall be no pro rata return of any license fee and the new location shall be considered as a new license hereunder.

(d) However, a licensee may take in partners or additional stockholders where it is determined that the additional capital furnished is to be used exclusively for additional inventory or expanding the facilities of the business or for building new facilities and where it appears that the licensee himself receives directly none of the additional capital invested. Under this section, an additional partner or new principal stockholder must be approved by the Mayor and City Council. (Code 1978, § 3-22) Sec. 3-64. Suspension or revocation for due cause.

No license which has been issued or which may hereafter be issued by the City hereunder

Comment [LDI17]: This section has been modified since the draft sent on 3/13. The additional language was added to ensure that the Mayor and Council have discretion in approving or denying licenses for sale by the package as well.

shall be suspended or revoked except for due cause as hereinafter defined, and after a hearing and upon the prior three (3) day written notice to the holder of such license of the time, place and purpose of such hearing and a statement of the charge upon which such hearing shall be held. Due cause for suspension or revocation of such license shall consist of conduct by the licensee, owner or manager that violates or negatively alters any factor listed in section 3-54 considered when the license was initially granted, the violation of any laws, ordinances or resolutions regulating such businesses, or violation of regulations made pursuant to authority granted for the purpose of regulating such business, or for the violation of any State or Federal law, or for the violation of any municipal ordinance or County resolution other than traffic ordinances. Any such violation committed by a Licensed Alcoholic Beverage Caterer whose yearly license is issued by the City and which occurs under a Class V license for consumption on the premises may be treated as a violation of the license-holder’s yearly license. Any such violation committed by a Licensed Alcoholic Beverage Caterer operating under a license from another Georgia municipality or by a bona fide nonprofit civic organization may bar the Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization from applying for and holding a Class V license for a period of two (2) years.

Further, for a first violation within a three (3) year period of time, of any State or Federal law, or for the first violation of any municipal ordinance, or the first violation of any County resolution other than traffic ordinances, in lieu of suspension or revocation, the Mayor and Council may place said license on a probationary status, with certain conditions as the Mayor and Council may deem fit, for a period of up to twelve (12) months. Upon the expiration of the probationary period applied by the Mayor and Council, restrictions or conditions of probation required by the Mayor and Council shall cease to exist, and shall no longer have effect. This cessation shall be automatic and will not require further application or motion by the license holder.

For a second violation within a three (3) year period of time, of any State or Federal law, or for the second violation of any municipal ordinance, or the second violation of any County resolution other than traffic ordinances, or any combination of two violations of the aforementioned, the Mayor and Council may suspend said license or place said license on a probationary status, with certain conditions as the Mayor and Council may deem fit, for a period of twelve (12) to twenty-four (24) months. Upon the expiration of any probationary period applied by the Mayor and Council, restrictions or conditions of probation required by the Mayor and Council shall cease to exist, and shall no longer have effect. This cessation shall be automatic and will not require further application or motion by the license holder.

For a third violation within a three (3) year period of time of any State or Federal law, or for the third violation of any municipal ordinance, or the third violation of any County resolution other than traffic ordinances, or any combination of three violations of the aforementioned, the Mayor and Council shall revoke said license.

The three (3) year period of time shall be measured from the dates of the previous violations, not from the dates of disposition by any court of the United States, the State of Georgia or any action taken by the mayor and council or any other local government body.

Nothing in this section shall be deemed to curtail the power of the Municipal Court to judi-cially punish violations of State law or local ordinances. (Code 1978, § 3-19; Ord. No. 2000-7, § I(11), 11-16-2000; Ord. No. 2009-02, § I, 3-18-2010) Sec. 3-65. Opening of establishment.



(a) All applicants for licenses hereunder must, within six (6) months after the approval of said license, open for business the establishment referred to in the license and begin the sale of the product authorized by the said license.

(b) Failure to open the establishment and begin the sale as referred to in subsection (a) of this section within the six (6) month period shall serve as automatic forfeiture and cancellation of the unused license and no refund of license fees shall be made to the license holder. (Code 1978, § 3-23) Sec. 3-66. Forfeiture of license when business not operative for three months.

Any holder of a Class I, II, III, or IV license for consumption on the premises or license for off-premises consumption license hereunder who shall begin the operation of the business and sale of the product as authorized in the said license, but who shall, for a period of three consecutive months thereafter, cease to operate the business and sale of the product authorized in said license shall, after said three-month period automatically forfeit his license, which license shall, by virtue of said failure to operate, be cancelled without the necessity of any further action. (Code 1978, § 3-24) DIVISION 3. SALE FOR ON-PREMISES CONSUMPTION Sec. 3-91. License for sale for consumption on premises authorized. With the approval of the Mayor and City Council, a license authorizing the sale of alcoholic beverages for consumption on the premises may be issued. (Code 1978, § 3-51) Sec. 3-92. Registration cards; dealers.

(a) General. It shall be unlawful for any person or any retail alcoholic beverage licensee to operate under the license any place of business in the City, without having a registration card signed by the Chairman of the Police Committee and Chief of Police. The provisions of this section shall not apply to places selling any alcoholic beverages where such commodities are not consumed on the premises where sold or to any Licensed Alcoholic Beverage Caterer or bona fide nonprofit civic organization holding a Class V license for consumption on the premises.

(b) Employees. Every person working or serving any order about any retail alcoholic beverage place of business shall have a registration card signed by the Chairperson of the Police Commit-tee and Chief of Police, setting forth thereon the name of employer and the location of the place of employment.

(c) Operation without. It shall be unlawful for the holder of any retail alcoholic beverage license to permit himself or any other person to work or serve in or about his place of business unless such person has such a registration card.

(d) Notice upon termination of employment. It shall be unlawful for the holder of any retail alcoholic beverage license to fail to notify the Chief of Police, or his representative, within five (5) business days after the termination of the services of any of his employees working in any place where alcoholic beverages are served. (Code 1978, § 3-52) Sec. 3-93. Misrepresentation of quality, quantity, etc., of alcoholic beverages.

Comment [LDI20]: This language has been added since the draft sent on 3/13 to make this section consistent with other sections throughout the chapter.

It shall be illegal for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. (Code 1978, § 3-53) Sec. 3-94. Display of license.

All licensees hereunder shall display in prominent places on the premises their current prices of spirituous liquors, wines, champagnes or malt beverages by the drink. (Code 1978, § 3-54) Sec. 3-95. No sales outside of licensed premises.

It shall be unlawful for any sales to be made outside of the building, premises, or place of business licensed for such sale. (Code 1978, § 3-55) Sec. 3-96. Advertising.

No licensee hereunder shall advertise in any manner except as provided by State law, rule or regulation. (Code 1978, § 3-56) Sec. 3-97. Violations by licensee.

Violation of any of the provisions of this chapter by the holder of a license hereunder shall subject the holder of such license to revocation of said license. (Code 1978, § 3-57) Sec. 3-98. Duty of management to keep copy of chapter on premises. It shall be the duty of the management of premises licensed hereunder to maintain a copy of this chapter on such premises and to instruct each and every employee of the terms thereof. (Code 1978, § 3-58) Sec. 3-99. Sale unlawful without license. It shall be unlawful for any person to sell alcoholic beverages for use or consumption on the premises without the license required herein. (Code 1978, § 3-59) Sec. 3-100. License fee; refunds.

Each original application for license under this article shall be accompanied by a certified check or cash for the full amount of the license fee, together with a separate certified check or cash to defray the cost of investigation and report. If the application is denied and the license refused, the deposit representing the license fee shall be refunded. The fee charged for the administrative cost of filing and processing the application shall be retained to cover the cost of those activities. No refunds of any kind shall be given for denial of applications for Class V licenses for consumption on the premises. All fees shall be charged in accordance with the fee schedule fixed and established by the Mayor and City Council from time to time and maintained on file in the office of the City Clerk. (Code 1978, § 3-60; Ord. No. 2000-7, § I(12), 11- 16-2000)

Sec. 3-101. Compliance with applicable rules.

All applicable State laws, rules and regulations governing the sale of alcoholic beverages must be complied with by any applicant for a license hereunder. (Code 1978, § 3-61) Sec. 3-102. Certification by applicant of knowledge of regulations.

No person shall be approved for a license hereunder, or approved for employment by a licensee, unless such person shall have read this chapter in full text and certify in writing the fact of such reading and knowledge thereof. (Code 1978, § 3-62) Sec. 3-103. Issuance of license based on food sales.

This section shall apply to property located on M.L. King, Jr. Drive, Court Street, Commerce Street, Bagley Street, West Street, Pine Street, Liberty Street, Midway Street, General Screven Way, Main Street (from its intersection with General Screven Way to its intersection with General Stewart Way), Memorial Drive, and Frank Cochran Drive. The sale of any alcoholic beverages for consumption on-premises is permitted when said establishments derive at least sixty percent (60%) of their total gross revenue from the sale of foodstuff and food items or a combination of food sales and revenues from billiards and/or bowling and meet any and all other requirements of Class I, Class II, or Class IV on-premises alcohol consumption license as applicable. Under no circumstances shall a Class III on-premises alcohol consumption license be issued for any location situated on these identified streets. This section shall not apply to any Licensed Alcoholic Beverage Caterer or bona fide civic nonprofit organization operating under a Class V license for consumption on the premises. (Code 1978, § 3-65; Ord. No. 2000-7, § I(13), 11-16-2000; Ord. No. 2001-8, § I(4), 2-7-2002) Sec. 3-104. Alcoholic beverages licenses for consumption on the premises prohibited in

certain areas. This section shall apply only to property located on Olmstead Drive, General Stewart Way

(from the Fort Stewart Boundary to its intersection with Harrison Drive), and Main Street (from its intersection with General Stewart Way to its intersection with Olmstead Drive), which is zoned commercial and to commercial establishments located thereon. The sale of alcoholic beverages for consumption on the premises is not permitted on the aforesaid locations. (Code 1978, § 3-66; Ord. No. 2000-7, § I(13a), 11-16-2000) Sec. 3-105. Reporting and/or certification requirements for verification of percentage of

food sales. On or before the 20th day of the month following the end of each calendar quarter, the license holder of a Class I, II or IV alcoholic beverage license shall file with the City Clerk a gross income report for the license outlet for the preceding calendar quarter. This report shall be filed on a form designated by the City Clerk and must be accompanied by a certified copy of the identified license outlet sales tax report for the applicable quarter. Alternatively, in lieu of filing the quarterly report on a form designated by the City Clerk, the license holder of a Class I, II or IV alcoholic beverage license may file a certification signed by a Certified Public Accountant on a form designated by the City Clerk attesting that the establishment is meeting the applicable

percentage of food sales requirement applicable to their reported gross income. Code 1978, § 3-16; Ord. No. 1991-2, § 1, 6-6-1991; Ord. No. 2000-7, §§ I(9), I(10), 11-16-2000; Ord. No. 2001-8, §§ I(2), I(3), 2-7-2002; Ord. No. 2002-05, § I, 1-2-2003; Ord. No. 2005-10, § I, 10-6-2005) Sec. 3-106. Revocation, suspension, probation, etc.

(a) Grounds. A class Class I, II, and IV licensee may be suspended, revoked, or placed on probation when the quarterly reports of said alcohol establishments indicate that the food and alcohol sales ratio requirements have not been met. (b) Revocation, suspension, probation, etc. The Mayor and City Council, after affording the licensee notice of the charges and opportunity to be heard with respect to any revocation proceeding, may, if it finds this chapter to have been violated by the licensee, his agent, or employee, revoke such license in its entirety, suspend the same for a specified period of time, place the licensee on probation, or place other conditions thereon as the Mayor and City Council may deem necessary.

(c) Suspension or revocation; procedure. Whenever the City Clerk finds reasonable grounds exist to suspend, revoke or place on probation a license issued hereunder, the Clerk shall schedule a hearing to consider such suspension or revocation and shall, at least twenty (20) days prior to the show cause hearing, notify the licensee of the time and date of the hearing and the proposed action and the grounds therefore. The licensee shall be entitled to present evidence and cross examine any witness at the hearing, with or without legal counsel. The Mayor and City Council shall make its decision within ten (10) business days of the hearing and shall notify the licensee in writing within five (5) business days of the decision.

(d) Reporting and/or certification requirements for verification of percentage of food sales. (1) All quarterly reports shall show the year to date alcohol sales ratio requirements in

addition to quarterly sales ratio requirements. (2) If a licensee’s first quarterly report indicates that it has failed to meet its’ food and

alcohol sales ratio requirements, the Tax and License Coordinator shall send a certified letter informing the licensee of the noncompliance, and putting the licensee on notice that their license is conditioned on and requires the licensee to meet the required food sales ratio requirements as set forth in the alcohol beverage ordinance and subsequent amendment thereto.

(3) If the licensee’s second quarterly report indicates that it has failed to meet its’ respective sales ratio requirements on a year to date basis, the Tax and Licensee Coordinator shall send a certified letter to the licensee notifying the licensee their license is conditioned on and requires the licensee to meet the respective sale ratio requirements. Said letter shall inform the licensee that no action shall be taken on any pending license application until such time as the license holder and/or the licensee’s representative appear at a show cause hearing before the Mayor and City Council and demonstrate to the satisfaction of the Mayor and City Council how required ratios will be met in the future.

(4) If a licensee’s third quarterly report indicates that it has failed to met its’ respective sales ratio requirements on a year to date basis, the City Clerk will send a certified letter informing the licensee of the establishment’s noncompliance, and instructing the license holder and/or the licensee’s representative to appear before the Mayor and City Council, to show cause why the licensee should not be placed on probation, license suspended or its license revoked. At the show cause hearing, the licensee and/or his representative

shall be afforded an opportunity to satisfactorily demonstrate how required ratios will be met in the future. Additionally, no action shall be taken concerning a pending license renewal application when the establishment’s third quarterly report shows that it did not meet the food and alcohol sales ratio requirements, until a show cause hearing has taken place.

(5) If an licensee’s quarterly reports indicate that it has failed to meet its’ respective sales ratio requirements for two (2) consecutive quarters or any two (2) out of four (4) quar-ters in a license year, the City Clerk shall send a certified letter to the licensee notifying the licensee of the establishment’s noncompliance, and requiring the licensee and/or the licensee’s representative to appear at a hearing before the Mayor and City Council to show cause why the establishment should not be placed on probation, or have its’ license suspended or revoked. Said notice shall specify that no action will be taken regarding the licensee’s renewal application until a show cause hearing before the Mayor and City Council has taken place.

(6) If a licensee’s fourth quarterly report indicates that it has failed to meet its required food and alcohol sales ratio requirements on a year to date basis, the City Clerk shall send a certified letter to the licensee notifying the licensee of the establishment’s noncompliance, and requiring the licensee and/or the licensee’s representative to appear at a hearing before the Mayor and City Council to show cause why the establishment should not be placed on probation, or have its’ license suspended or revoked for the current year.

(7) If a licensee’s fourth quarterly reports indicates it has failed to meet the food and alcohol sales ratio requirements on a year to date basis for two (2) consecutive years, the Mayor and City Council shall revoke the license for the current year.

(8) A $50100.00 late filing fee will be assessed for the second first late quarterly filing of the license year. For the second late quarterly filing of the license year, a $250 late filing fee will be assessed. For the third and fourth late quarterly filings of the license year, a $500 late filing fee will be assessed. All late filing fees must be paid within ten (10) business days of the late filing and are subject to a ten percent (10%) late payment penalty. Additionally, after the fourth consecutive late quarterly filing, the licensee shall be required to attend a show-cause hearing and may be subject to suspension or revocation of his or her alcoholic beverage licenseand any subsequent late quarterly filings for any calendar (license) year.

(Ord. No. 2010-03, § I, 3-18-2010) Editor’s note—Ord. No. 2010-03, § I, adopted March 18, 2010, enacted provisions intended for use as section

3-105. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 3-106. DIVISION 4. SALE FOR OFF-PREMISES CONSUMPTION Sec. 3-122. License of sale for consumption off premises authorized. With the approval of the City Council, a license authorizing the sale of alcoholic beverages for consumption off the premises may be issued. (Code 1978, § 3-76) Sec. 3-123. Sale of beer and wine in grocery stores.

Comment [LDI21]: This change is pursuant to the Council’s request for an increase of the late filing fees.

Grocery stores shall be allowed to sell beer and wine by the carton (not for consumption on off the premises, ); provided, they have the required beer and wine license.) (Code 1978, § 3-77) Sec. 3-124. License fee—Refunds.

Each original application for a license under this article shall be accompanied by a certified check or cash for the full amount of the license fee, together with a separate certified check or cash to defray the cost of investigation and report. If the application is denied and the license re-fused, the deposit representing the license fee shall be refunded. The fee charged for the admin-istrative cost of filing and processing the application shall be retained to cover the cost of those activities. All fees shall be charged in accordance with the schedule of fees and charges maintained by the City Clerk. (Code 1978, § 3-78; Ord. No. 2000-7, § I(14), 11- 16-2000) Sec. 3-125. Same—Initial license, renewal; payment.

An annual license fee in the amount fixed in the schedule of fees and charges shall be charged for the initial license issued to any licensee hereunder, and a like amount for each renewal license. All license fees hereunder, except those payable for a Class V license, shall be paid in advance on or before December 31st of each year. When any new license other than a Class V license is granted on or after the 1st day of July, in any year, the license fee for the remaining fee for the remaining portion of the year shall be fifty percent (50%) of the annual license fee imposed for the entire year. (Code 1978, § 3-79; Ord. No. 2009-05, § I, 12-3-2009) See. 3-126. Sale of alcoholic beverages by the drink not permitted. Licenses hereunder shall not permit the sale of alcoholic beverages by the drink. Any holder of a license for consumption off the premises may apply for a Class V license for consumption on the premises. However, sales for off-premises consumption shall not be permitted under any Class V license. (Code 1978, § 3-80) Sec. 3-127. Issuance of license for sale of alcoholic beverages for consumption off the

premises is restricted in certain areas. This section shall apply only to property located on Memorial Drive, and Olmstead Avenue, which is zoned business and to business establishments located thereon or to be located thereon. Licenses for the sale of alcoholic beverages for consumption off the premises is are limited to beer and wine sales only. Section 3-123 shall apply to this section. (Code 1978, § 3-81) Sec. 3-128. Issuance of licenses for sale of alcoholic beverages for consumption off the

premises is prohibited in certain areas. This section shall apply only to property located on Main Street (from its intersection with General Screven Way to its intersection with General Stewart Way), which is zoned business and to business establishments located thereon, or to be located thereon, with the exception of any property located on Main Street with frontage on General Screven Way, but no farther than three hundred (300) feet from General Screven Way. Sale of alcoholic beverages for consumption off

Comment [LDI22]: This is pursuant to O.C.G.A. 3-11-2(d).

the premises is prohibited in the aforementioned area. (Code 1978, § 3-82; Ord. No. 2000-7, § I(15), 11- 16-2000)

PURPOSE: The Hinesville Area Arts Council requests a one-day special alcohol permit to serve beer during the 2012 Blues & BBQ Festival. BACKGROUND: The Hinesville Area Arts Council is requesting a one-day special permit to serve beer at the 2012 Blues & BBQ Festival to be held on Saturday, September 29, 2012, from 4:00pm until 11:00 pm. The festival will take place in the City parking lot located on West ML King Jr Drive, behind the Main Street shops, across from the Justice Center. The organizers of this event requests a waiver of all fees associated with this special alcohol permit. FUNDING: RECOMMENDATION: ATTACHMENTS: 8-1-1 Summary Sheet 8-1-2 Application for Special Permit 8-1-3 Background Results 8-1-4 Fee waiver request PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 8-1-0 One-Day Special Alcohol Permit Request Prepared by: Pamela Coleman Presented by: Councilmember David Anderson

SUMMARY SHEET FOR SPECIAL PERMIT

YEAR OF LICENSE 2012 NAME OF APPLICANT(S) Leah K Poole NAME OF BUSINESS Hinesville Area Arts Council ADDRESS OF APPLICANT 418 JB Woodard Rd Hinesville GA 31313 UNITED STATES CITIZEN Yes ADDRESS OF BUSINESS 102 Commerce St

Hinesville GA 31313 TYPE OF LICENSE One-Day Special Permit Beer Only LOCATION OF EVENT City parking lot W ML King Jr Dr NOTES: The Hinesville Area Arts Council would like to serve beer during the 2012 Blues & BBQ Festival, taking place on September 29, 2012, from 4:00pm until 11:00pm. Previously, Council has waived the fees associated with this permit.

City Council ( ) Approved ( ) Disapproved by ___________________ Date _________________

PURPOSE: To adopt Resolution #2012-20, adopting an eight-month Moratorium on the acceptance, issuance and processing of Business Licenses to operate sweepstakes internet cafes. BACKGROUND: Resolution #2011-08, adopting a temporary six-month Moratorium on Internet Gaming/Sweepstakes was adopted on March 17, 2011 (effective March 17, 2011 - September 17, 2011). Resolution #2011-23, adopting a temporary six-month Moratorium on Internet Gaming/Sweepstakes was adopted on September 1, 2011 (effective September 18, 2011 - March 17, 2012). Resolution #2012-05, adopting a temporary six-month Moratorium on Internet Gaming/Sweepstakes was adopted on March 15, 2012, effective March 17, 2012 and expires on September 17, 2012. FUNDING: RECOMMENDATION: ATTACHMENTS: 09-1-1 Resolution #2012-20 09-1-2 Resolution #2012-05 09-1-3 Resolution #2011-23 09-1-4 Resolution #2011-08 PREVIOUS COUNCIL DISCUSSION: March 17, 2011, August 4, 2011, August 18, 2011, January 19, 2012, March 1, 2012, March 15, 2012 and August 2, 2012

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 09-1-0 Resolution #2012-20 Moratorium on Internet Gaming/Sweepstakes Prepared by: Rose M. Kenner Presented by: Linnie Darden, City Attorney

Resolution Number: #2012-20

A RESOLUTION

A RESOLUTION ADOPTING A TEMPORARY EIGHT-MONTH MORATORIUM ON THE ACCEPTANCE, ISSUANCE, AND PROCESSING OF BUSINESS LICENSES TO OPERATE SWEEPSTAKES INTERNET CAFÉS, AS HEREIN DEFINED, WITHIN THE CITY OF HINESVILLE.

WITNESSETH

WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is authorized under Article 9, Section 2, of the Constitution of the State of Georgia to enact reasonable ordinances to protect the health, safety, and quiet enjoyment of its citizenry;

WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is the Mayor and City Council thereof;

WHEREAS, the Mayor and Council may legitimately regulate the location and operation of businesses within its city limits, including Sweepstakes Internet Cafés;

WHEREAS, the City of Hinesville’s current zoning ordinance does not specifically address or prohibit Sweepstakes Internet Cafés, as described within this Resolution;

WHEREAS, there is widespread concern in the immediate area and across the state regarding the legality and proliferation of this, largely, unregulated business;

WHEREAS, the Council is aware that legislation, is currently pending before the Georgia General Assembly, that provides for the regulation of amusement machines and computerized sweepstakes devices that provide redemptions, and further defines the extent of local government regulation of those businesses;

WHEREAS, the Mayor and City Council of Hinesville need time to research and study how these businesses operate and determine what type of zoning classifications should apply;

WHEREAS, the Mayor and City Council of Hinesville require time to study the economic impact and social implications of such establishments on the fabric of the community;

WHEREAS, the Mayor and City Council believe that a moratorium on the acceptance and processing of applications for licenses to operate Sweepstakes Internet Cafés, as defined herein, and on the issuance of such licenses, will not deny property owners economically viable use of their property, and will afford the Mayor and Council the time necessary to put into place reasonable zoning regulations to further the aforesaid purposes;

WHEREAS, dependent upon the outcome of the proposed legislation, the Mayor and Council desire to study the appropriateness of adopting one or more ordinances that reasonably regulate the location and operation of Sweepstakes/Internet Cafés in order to minimize or regulate potential negative secondary effects on the community that may be found to result from the operation of one or more Sweepstakes/Internet Cafés in the City, and to further the public health, safety, and general welfare;

WHEREAS, a Sweepstakes/Internet Café is defined as any premise upon which any computerized sweepstakes device is located for the use or enrichment of the public, whether or not such premise has other business purposes of any nature whatsoever; and

WHEREAS, a Computerized Sweepstakes Device: is defined as any computer, machine, game, or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, and which may be operated by the public generally for use as a contest of skills, entertainment, or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimis. Machines designated for use by the State Lottery Commission are not computerized sweepstakes devices for purposes of this Resolution.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hinesville, and it is hereby resolved by the authority of the same, that no license for the operation of a Sweepstakes/Internet Café, as defined above, be accepted, approved, or, for those applications already filed, processed during this eight (8) month period.

This moratorium shall expire eight (8) months from the effective date of this Resolution, upon adoption by the City of an applicable zoning ordinance, or repeal by the City Council, whichever occurs first.

This Resolution is declared to be an emergency measure necessary for the public health, safety, and general welfare of the City and its residents and property owners, and for the further reason that it is necessary to impose an immediate moratorium to have a pause for planning purposes so as to further the orderly development of the City with respect to the establishment and operation of Sweepstakes/Internet Cafés, to adopt well thought-out and contemporary zoning and business regulations for the City and to protect the public interest and rights of property owners. This Resolution shall take effect and be in force from and after its adoption.

APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF HINESVILLE at a regular meeting of the Mayor and Council on the _____ day of ______________, 2012:

CITY OF HINESVILLE, GEORGIA: ____________________________________ James Thomas, Jr., Mayor ____________________________________ Charles Frasier, Mayor Pro Tem ____________________________________ Jason Floyd, Council Member ____________________________________ David Anderson, Sr., Council Member ____________________________________ Keith Jenkins, Council Member ____________________________________ Kenneth Shaw, Council Member

ATTEST: ___________________________________ Sarah R. Lumpkin, City Clerk

Resolution Number: 2011-23

A RESOLUTION

A RESOLUTION ADOPTING A TEMPORARY SIX-MONTH MORATORIUM ON THEACCEPTANCE, ISSUANCE, AND PROCESSING OF BUSINESS LICENSES TO OPERATESWEEPSTAKES INTERNET CAFES, AS HEREIN DEFINED, WITHIN THE CITY OFHINESVILLE.

WITNESSETH

WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia isauthorized under Article 9, Section 2, of the Constitution of the State of Georgia to enact reasonableordinances to protect the health, safety, and quiet enjoyment of its citizenry;

WHEREAS, the duly elected governing authority of the City of Hinesville, Georgia is theMayor and City Council thereof;

WHEREAS, the Mayor and Council may legitimately regulate the location and operation ofbusinesses within its city limits, including Sweepstakes Internet Cafes;

WHEREAS, the City of Hinesville's current zoning ordinance does not specifically addressor prohibit Sweepstakes Internet Cafes, as described within this Resolution;

WHEREAS, there is widespread concern in the immediate area and across the stateregarding the legality and proliferation of this, largely, unregulated business;

WHEREAS, Resolution No. 2011-08 adopted a temporary six-month moratorium on theacceptance, issuance and processing of business licenses to operate Sweepstakes Internet Cafes, asdefined herein, within the City of Hinesville, which is in effect until September 17, 2011.

WHEREAS, the Mayor and City Council are aware that the Governor and GeorgiaGeneral Assembly plan to address the regulation of amusement machines and computerizedsweepstakes devices that provide redemptions, and further define the extent of local governmentregulation of those businesses;

WHEREAS, the Mayor and City Council of Hinesville need time to research and study howthese businesses operate and determine what type of zoning classifications should apply;

WHEREAS, the Mayor and City Council of Hinesville require time to study the economicimpact and social implications of such establishments on the fabric of the community;

WHEREAS, the Mayor and City Council believe that a moratorium on the acceptance andprocessing of applications for licenses to operate Sweepstakes Internet Cafes, as defined herein, andon the issuance of such licenses, will not deny property owners economically viable use of theirproperty, and will afford the Mayor and Council the time necessary to put into place reasonablezoning regulations to further the aforesaid purposes;

WHEREAS, dependent upon the outcome of the proposed legislation, the Mayor andCouncil desire to study the appropriateness of adopting one or more ordinances that reasonablyregulate the location and operation of Sweepstakes/Internet Cafes in order to minimize or regulatepotential negative secondary effects on the community that may be found to result from theoperation of one or more Sweepstakes/Internet Cafes in the City, and to further the public health,safety, and general welfare;

WHEREAS, a Sweepstakes/Internet Cafi s»defined as any premise upon which anycomputerized sweepstakes device is located for the use or enrichment of the public, whether or notsuch premise has other business purposes of any nature whatsoever; and

WHEREAS, a Computerized Sweepstakes Device: is defined as any computer, machine, game, orapparatus which, upon the insertion of a coin, token, access number, magnetic card, or similarobject, or upon the payment of anything of value, and which may be operated by the publicgenerally for use as a contest of skills, entertainment, or amusement, whether or not registering ascore, and which provides the user with a chance to win anything of value that is not de minimis.Machines designated for use by the State Lottery Commission are not computerized sweepstakesdevices for purposes of this Resolution.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City ofHinesville, and it is hereby resolved by the authority of the same, that no license for the operation ofa Sweepstakes/Internet Cafe, as defined above, be accepted, approved, or, for those applicationsalready filed, processed during this six (6) month period.

This moratorium shall be in effect beginning at 12:01 a.m. on September 18,2011, andexpire six (6) months from the effective date of this Resolution, upon adoption by the City of anapplicable zoning ordinance, or repeal by the City Council, whichever occurs first.

This Resolution is declared to be an emergency measure necessary for the public health,safety, and general welfare of the City and its residents and property owners, and for the furtherreason that it is necessary to impose an immediate moratorium to have a pause for planningpurposes so as to further the orderly development of the City with respect to the establishment andoperation of Sweepstakes/Internet Cafes, to adopt well thought-out and contemporary zoning andbusiness regulations for the City and to protect the public interest and rights of property owners.This Resolution shall take effect and be in force from and after its adoption.

{Resolution #2011-23: SIGNATURES APPEAR ON FOLLOWING PAGE}

APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITYOF HINESVILLE at a regular meeting of the Mayor and Council on the ~ day ofSeptember ,2011:

Charles Frasier, Mayor Pro Tem

~=ber

l<:eith Jenkins, Council Member

PURPOSE: To consider a business license application to operate a tattoo establishment. BACKGROUND: Allan S. Torres has submitted a business license application to operate Lucky Bella’s Tattoo Studio LLC, at 750A Elma G Miles Pkwy. This location, previously known as Hard Knox Tattoo Company, does meet the zoning requirements as described in Code Section 9-100. This location still has to pass required safety inspections by the Department of Inspections, Hinesville Fire Department and the Liberty County Environmental Health Department. FUNDING: RECOMMENDATION: ATTACHMENTS: 10-1-1 Summary Sheet 10-1-2 Application 10-1-3 Background Results 10-1-4 City Ordinance Section 9-100 PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 10-1-0 Business License Request. Prepared by: Pamela Coleman Presented by: Councilmember David Anderson

SUMMARY SHEET YEAR OF LICENSE 2012 NAME OF APPLICANT(S) Allan S. Torres ADDRESS OF APPLICANT 11 Stewart Pines Loop #11 Ludowici, GA 31316 NAME OF BUSINESS Lucky Bella’s Tattoo Studio LLC ADDRESS OF BUSINESS 750A Elma G Miles Pkwy

Hinesville GA 31313 APPROVED BY HPD YES 8/16/12

APPROVED BY ZONING YES 8/13/12 NATURE OF BUSINESS Tattoo Establishment NOTES: This application is for a new tattoo establishment located at 750A Elma G. Miles Pkwy. This location still has to pass required safety inspections conducted by the Department of Inspections, Fire Department and the Liberty County Environmental Health Department.

City Council ( ) Approved ( ) Disapproved by ______________________________ Date ________

* 9-99 HINESVILLE CODE

(g) Zoninu and distance requirements. No application shall be considered by the City Council unless proposed site of the health club business is located in an area zoned C-2 or C-3. The site ofthe health club business must be at least 300 feet from any church or school and at least 2,000 feet from anotber existing health club. These distances are to be measured from property line to property line.

(h) Masseur's permit required. No person shall practice massage as a n1asseur, employee, or otherwise, unless such person shall have obtained a valid masseur's permit issued by the City. The practice of massage is defined as any method of treating the superficial parts of a patron for medical, hygienic, exercise, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instruments, or by the application of air, liquid, or vapor baths of any kind whatever.

(1) The use of the masculine gender shall include in all cases the feminine gender as well.

(2) The application for a masseur's permit shall include all personal information required of an applicant. for a health club business license.

(3) Each application for a masseur's permit shall be accompanied by a permit fee in the amount established in the schedule of fees and charges.

(i) Exceptions. The provisions of this section shall not apply to hospitals, nursing homes, sanitariums~ or persons holding an unrevoked certificate to practice the healing arts under the laws of this State, or persons working under the direction of any such establishment, nor shall this section apply to barbers or cosmetologists lawfully carrying out their particular profession or business.

(j) Penalty for violation. There shall he a $250.00 fine levied against each violation of the rules and regulations set up in this section. (Code 1978, § 9-85)

State law reference-Health spa transactions, O.C.G.A. § 10-1-392.

Sec. 9·100. Tattooing, etc.

(a) Description. The term "tattooing" means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin.

(b) License lee. The annual license fee for tattooing as described shall be $200.00, or such license fee review through official action of City Council. Such license fee shall not be prorated.

(C) Zoning restriction. Such business of tattooing shall be located only in C2, C3, and LI business zones in tbe City, and shall not be located within that portion of the City's Downtown Redevelopment Overlay District that lies inside the area hounded by Oglethorpe Highway, General Stewart Way and General Screven Way. Tattoo business establishments shall not be located within 300 feet of any church or other tattoo business establishment, 600 feet of any public or private school, or 200 feet of any property zoned residential when measured in a straight line from the property line of said church, tattoo business establishment, public or privat.e school, or property zoned residential to the building (or unit if within a shopping center) of the location for which the license is being sought.

(d) License application and issuance. No license to engage in the business of tattooing shall be issued until an application therefor has been completed and filed with the City Clerk, and no person shall engage in the bnsiness of tattooing within the City limits until such license has heen issued by the City Council.

(e) Contents of application; information to be furnished under oath. An application containing the following information shall be completed and filed with the City Clerk by each applicant for a license to conduct any business involving the art of tattooing on forms provided therefor, together with payment of the applicable license fee. Before the undersigned attesting officer duly authorized by law to administer oaths personally comes the applicant for a license to conduct the hereinafter described business, and being first duly sworn on oath, says that the information hereinafter given and the statements hereinafter made in answer to the following questions are true:

(1) What is the kind of business to be operated?

Supp. No. (i CD9:18

pcoleman

Highlight

LICENSING AND BUSINESS REGULATIONS § 9-100

(2) What is the name of the busiuess?

(3) What is tbe location where such business is proposed to be carried on and the telephone number of said location'!

(4) What is the name o!'the applicant for the license, and the home address and telephone number of said applicant?

(5) Where has the applicant resided for the 90 days preceding the date of this application?

(6) What was the applicant's previous home address, and how long was the applicant a resident there?

(7) What are the names and addresses of all persons or corporations having an interest in said business?

(8) What percentage of interests do such persons or corporations have?

(9) Who is the landlord or owner of said business location and what is the address and telephone number of said landlord or owner?

(10) Has the applicant or any person connected with or having an interest in said business:

a, Been charged OJ' convicted of any violation of law (other than minor traffic violations) in any locality?

b, Served time in prison or any other correctional institution?

(11) If the answer to subsection (e)(10)a of this section is 1Iyes,lt state the circumstances in detaiL Information must be complete as to dates, charges, court jurisdiction and disposition for each person. If the answer to subsection (e)(lO)b of this section is li yes , II state the circumstances in detail. The information must be complete as to the charge on which convicted, the name of the prison or correctional institution, the length of time served, the date of release, whether the sentence has been completed or whether on probation or parole and the terms thereof.

(12) Give the name, home address and telephone number and place of employment of three persons who are residents of the City who are familiar with applicant's character and reputation. A character reference letter from each of the three i~)

required with application.

(13) By signing and submitting tbis application, do you agree to provide with the application a small recently made photograph of yourself and go in person to the City Police Department for fingerprinting with the understanding that a complete record check will be made'?

All of the foregoing information is herehy given and all of the foregoing statements are hereby made on oath, willfully, knowingly and absolutely and the same is hereby sworn to he true under penalty for false swearing as provided by law.

Applicant's Signature

Sworn to and subscrihed before me this day of _______ _

20

Notary Public

(I) Approval by City Council. No license to engage in the business of tattooing shall be issued until the application therefor has been approved by the Mayor and City Council. In determining whether or not any license applied for hereunder or any renewal of any license shall be granted in addition to all provisions of this chapter and any other provisions of this Code not inconsistent herewi th, the following shall be considered in the public interest and welfare:

(1) The applicant's reputation, character, mental and physical capacity to conduct this business;

(2) If the applicant is a previous holder of a license to tattoo whether or not he has violated any law, regulation or ordinance relating to such business;

(3) If the applicant is a previous holder of a license to tattoo, the manner in which he

Supp. No. G CD9:19

~ 8-100 HINESVILLE CODE

conducted the business hereunder as to the necessity for unusual Police observation and inspection in order to prevent the violation of any law, regulation or ordinances relating to such business;

(4) The location for which the license is sought as to traffic congestion, genera] character of neighhorhood, and the effed such an establishment would have on the adjacent and surrounding property values;

(5) The number of licenses already granted for similar businesses in the trading an~a of the place for which the license is sought; and

(6) A person whose license issued under the Police powers of any governmental entity has been previously suspended or revoked.

(Code 1978, § 9-86; Ord. No. 2011-02, § I, 3-3-2011)

Sec, 9-101, Wrecker service operations,

(a) Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein:

Motor vehicle shall he defined in the manner in which it is defined in O.C.G.A. § 40-1-1.

Wrecker service operation means any company, firm, business or individual or group of individuals for hire by the general public which provides by any means the hauling, moving or transferring from one place to another any damaged, disahled, inoperable, operable or impounded motor vehicle.

(b) License required. Any wrecker service which hauls, moves or transfers motor vehicles, operable or inoperable within the City by the request or direction of the City or its employees shall first obtain a license to do so from the City Clerk before engaging in such business.

(c) Application. Application for a license to conduct a wrecker service operation as required under this section shall be made as provided in section 9-21.

(d) Operating requirem.ents. The following operating requirements shall apply to all wrecker service operators licensed in accordance with the

provisions of this section and each and every item hereunder is a condition pn~cedent to obtaining sucb a license and maintaining such license and the failure to abide by these requirements at all times shaD be cause for revocation and/or denial of such license.

( 1) All such wrecker service operations shall make available to the City on a 24-hour basis, every day of the year said services when and as called upon at a price not more than the established maximum service fees provided hereinafter. Such wrecker service shall noti~y the dispat.cher in advance when he cannot be available for wrecker call for any specific time. He shall notify the dispatcher of the time he will he out of service and also of the time he will return to service.

(2) Prior to the issuance of the license required by this section and prior to the conduct of any such operations by said wrecker service, such wrecker service shall obtain and cause to be kept in force at all times during the term of any such llcense granted under this section, liability insurance issued by a company of sound and adequate financial responsibility of the following types and minimum amounts:

Public Liability Insurance

Bodily injury

Property damage

Garage Keepers Legal Li.abilify Insurance Light duty wrecker Heavy duty wrecker

$300,000.00 per person

$500,000.00 per occurrence

$300,000.00 per accident

$50,000.00 $100,000.00

(3) Said insurance policy shall name the City a certificate holder. Such naming of the City as a certificate holder and such policies ofliability insurance shall not thereby cause the City to be deemed a partner or engaged in a joint venture with the wrecker service operator in its business.

Supp. No. (-) CD9:20

PURPOSE: To allow citizens to address Mayor and Council. BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 11-1-0 Public Comment Prepared by: Deridra Weeks Presented by: Mayor Thomas

ACTION ITEMS: 12-1-0 Sequestration Resolution #2012-19 INFORMATIONAL ITEMS: None

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 12-0-0 Mayor’s Report Prepared by: Deridra Weeks Presented by: Mayor James Thomas, Jr.

PURPOSE: To present proposed Resolution #2012-19 calling on Congressional leaders and the President to work in the spirit of compromise to approve a comprehensive, balanced deficit reduction plan immediately for discussion/adoption. BACKGROUND: In light of the recent visit by US Senator Saxby Chambliss held at MidCoast Regional Airport, his task to us as a community is to support resolutions denouncing sequestration, which could cause the loss of up to 7,000 jobs in our region. FUNDING: RECOMMENDATION: ATTACHMENTS: 12-1-1 Proposed Sequestration Resolution #2012-19 PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 12-1-0 Resolution #2012-19 Prepared by: Rose M. Kenner Presented by: Billy Edwards

RESOLUTION # 2012-19

CALLING ON CONGRESSIONAL LEADERS AND THE PRESIDENT TO WORK IN THE SPIRIT OF COMPROMISE TO APPROVE A COMPREHENSIVE, BALANCED DEFICIT REDUCTION PLAN

IMMEDIATELY

WHEREAS: the current annual deficit is estimated to $1.3 trillion at the end of Fiscal Year 2012, and the national debt stands at $15.7 trillion as of June 2012; and

WHEREAS: the growth of the annual deficit and the national debt continues to

dominate the debate in Congress on all federal spending and tax policy matters; and

WHEREAS: a Congressional Budget Office report issued in May of 2012 warns that

filing to change current federal tax and spending policies puts the country on a course leading to another recession in 2013; and

WHEREAS: the private sector depends on the stability of the nation’s economic policy to guide its investment and growth plans; and WHEREAS: with the national unemployment rate above 8 percent, job creation must

remain the top priority for federal policymakers; and WHEREAS: the future economic health of the nation depends on Congress being able

to reach a balanced deficit reduction agreement; and WHEREAS: last year’s debt ceiling agreement includes a draconian, indiscriminate,

and arbitrary budget sequestration that would devastate both domestic investment and national defense programs; and

WHEREAS: the National Commission on Fiscal Responsibility and Reform, also known

as the Simpson-Bowles Commission, issues a comprehensive report in December of 2010 that calls for spending reductions, entitlement reforms, and tax policy changes; and

WHEREAS: although we may not agree with all the specific provisions contained in the

Simpson-Bowles recommendations, the Mayor and Council of the City of Hinesville believe that the commission did a commendable job of working together on a balanced approach to deficit reduction which combines spending cuts with new revenue;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Hinesville calls on leaders in Congress to return immediately to the negotiating table in order to reach a comprehensive, balanced deficit reduction agreement, in the spirit of the Simpson-Bowles Commission, that will foster long-term economic growth and prevent the implementation of a draconian budget sequestration that ignores the nation’s priorities.

RESOLUTION # 2012-19

Adopted and approved this ________ day of September, 2012.

CITY OF HINESVILLE, GEORIA

______________________________ James Thomas, Jr., Mayor ______________________________ Charles Frasier, Mayor Pro Tem ______________________________ David Anderson, Jr., Council Member ______________________________ Kenneth Shaw, Council Member ______________________________ Keith Jenkins, Council Member ______________________________ Jason Floyd, Council Member ATTEST: ______________________________ Sarah R. Lumpkin, City Clerk

ACTION ITEMS: None INFORMATION ITEMS: None

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 13-0-0 Council Member Kenneth Shaw’s Report Prepared by: Darlene Parker Presented by: Council Member Kenneth Shaw

ACTION ITEMS: None INFORMATIONAL ITEMS: None

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 14-0-0 HFD Monthly Report Prepared by: Jan Leverett Presented by: Council Member Jenkins

ACTION ITEMS: None INFORMATIONAL ITEMS: 15-1-0 Monthly Business License Report for August 2012

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 15-0-0 Councilmember Anderson’s Report Prepared by: Rose M. Kenner Presented by: Councilmember Anderson

PURPOSE: To inform Mayor and Council of new Business License Applications received August 1, 2012 to August 31, 2012. BACKGROUND: The attached list shows all Business License Applications processed from August 1, 2012 thru August 31, 2012. The list includes businesses that have started and/or completed the process to obtain a City of Hinesville Business License FUNDING: RECOMMENDATION: ATTACHMENTS: 15-1-1 Business License Report PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 15-1-0 Business License update Prepared by: Pam Coleman Presented by: Councilmember David Anderson

Monthly Business License Reportcompleted and/or pending Business License Applications c-completed/approved p-pending approval

Start Date Trade Name BL Address Nature of BusinessStatus

8/1/2012 SILENT RANKS PHOTOS 501I W GENERAL SCREVEN WAY 541921 PHOTOGRAPHY

8/2/2012 MEGA PIZZA AND PASTA LLC 1008 W OGLETHORPE HWY 722320 CATERING ONLY-No restaurant traffic. Limited access requirements.

8/3/2012 JAC SCHOOL OF EXCELLENCE 306 N MAIN ST Ste# B 611110 PRIVATE SCHOOL

8/6/2012 AMMOODY LLC 537 W OGLETHORPE HWY 445120 CONVENIECE STORE

8/13/2012 LUCKY BELLAS TATTOO STUDIO LLC

750 ELMA G MILES PKWY 241029 TATTOO STUDIO

8/29/2012 WINGSTOP 207 GENERAL SCREVEN WAY 722511 RESTAURANT

8/31/2012 LA MESA DULCE 610 SANDY RUN DR 242546 SPECIAL EVENT SERVICES

8/31/2012 KELLER WILLIAMS REALTY 202 E GENERAL STEWART WAY 531210 REAL ESTATE

Tuesday, September 04, 2012 Page 1 of 1

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City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item:16-0-0 Councilmember Floyd’s Report Prepared by: Linda Smith Presented by: Councilmember Floyd


City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 17-0-0 Mayor Pro Tem Frasier’s Report Prepared by: Linda Blanchard Presented by: Mayor Pro Tem Frasier

ACTION ITEMS: None INFORMATIONAL ITEMS: 18-1-0 July 2012 Budget to Actual Financial Report 18-2-0 Reminder about the FY 2013 Budget workshop dates 18-3-0 ISO Report/Rate

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 18-0-0 City Manager’s Report Prepared by: Deridra Weeks Presented by: Billy Edwards

PURPOSE: To present to the Mayor and City Council the budget to actual revenue and expenditure reports for the City’s General Fund, Water and Sewer, Sanitation, Transit and Stormwater Utility Funds for July 2012. BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS:

18-1-1 Budget to Actual reports for July 2012 PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 18-1-0 July 2012 Budget to Actual Financial Report Prepared by: Kimberly T. Ryon Presented by: Billy Edwards

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - GENERAL FUND REVENUE

AS OF JULY 31, 2012

Account Number Account DescriptionFY 2012 Budget

9/12 of Budget

Actual YTD Revenue

Variance - $ Variance - % Comments

100.000.0000.00.31.1110 PUBLIC UTILITY TAXES 87,014 65,261 - (65,261) -100.00%100.000.0000.00.31.1120 TIMBER TAXES - - - - - 100.000.0000.00.31.1190 REAL PROPERTY TAXES 5,191,271 5,191,271 5,060,081 (131,190) -2.53% Should be collected by Feb 20100.000.0000.00.31.1310 MOTOR VEHICLE TAXES 442,941 332,206 375,653 43,447 13.08%100.000.0000.00.31.1320 MOBILE HOME TAXES 24,916 18,687 11,959 (6,728) -36.00%100.000.0000.00.31.1500 PROPERTY NOT ON DIGEST - - 7,506 7,506 - 100.000.0000.00.31.1601 *REAL ESTATE TRANSFER-INTANGIBLE R 96,367 72,275 78,509 6,234 8.63%100.000.0000.00.31.1602 *REAL ESTATE TRANSFER TAXES 22,229 16,672 12,898 (3,774) -22.64%100.000.0000.00.31.1700 FRANCHISE TAXES 1,609,495 1,609,495 1,669,688 60,193 3.74%100.000.0000.00.31.3100 LOCAL OPTION SALES TAX 4,601,000 3,067,333 2,821,825 (245,508) -8.00% Collected one month in arrears100.000.0000.00.31.4200 ALCOHOL BEVERAGE EXCISE TAXES 382,047 286,535 280,066 (6,469) -2.26%100.000.0000.00.31.6110 *BUSINESS/OCCUP TAXES-GENERAL 161,163 161,163 148,805 (12,358) -7.67% Should be collected by Jan 1st100.000.0000.00.31.6150 *BUSINESS/OCCUP TAXES-PEDDLERS 5,500 4,125 6,885 2,760 66.91%100.000.0000.00.31.6160 *BUSINESS/OCCUP TAXES-TRANSIENT M 4,500 3,375 2,120 (1,255) -37.19%100.000.0000.00.31.6170 *BUSINESS/OCCUP TAXES-OTHER - - 245 245 - 100.000.0000.00.31.6190 *BUSINESS/OCCUP TAXES-OUT OF STAT 34,200 34,200 35,965 1,765 5.16%100.000.0000.00.31.6200 INSURANCE PREMIUM TAXES 1,754,479 - - - - Received in October each year100.000.0000.00.31.6300 FINANCIAL INSTITUTION TAXES 58,800 58,800 53,843 (4,957) -8.43%100.000.0000.00.31.9110 REAL PROPERTY TAX PENALTIES 35,000 26,250 26,140 (110) -0.42%100.000.0000.00.31.9130 BUSINESS LICENSE TAX PENALTIES - - - - - 100.000.0000.00.32.1110 BEER LICENSES 43,910 43,910 45,555 1,645 3.75% Should be collected by Jan 1st100.000.0000.00.32.1120 WINE LICENSES 24,320 24,320 23,055 (1,265) -5.20% Should be collected by Jan 1st100.000.0000.00.32.1130 LIQUOR LICENSES 52,005 52,005 55,510 3,505 6.74% Should be collected by Jan 1st100.000.0000.00.32.2211 *ZONING/LAND USE-MOBILE HOME PERM - - 1,275 1,275 - 100.000.0000.00.32.2998 MISC GIS REVENUE 3,080 2,310 2,031 (279) -12.08%100.000.0000.00.32.2999 OTHER-INSP REV NOT CLASSIFIED (INSP 1,190 893 1,831 938 105.04%100.000.0000.00.32.3101 *BUILDING STRUCTURES/EQUIP-BLDG PE 151,420 113,565 152,910 39,345 34.65%100.000.0000.00.32.3102 *BUILDING STRUCTURES/EQUIP-PLAN RE 43,360 32,520 44,661 12,141 37.33%100.000.0000.00.32.3110 PROTECTIVE INSPECTION FEE 21,720 16,290 14,172 (2,118) -13.00%100.000.0000.00.33.1105 *FED OP CAT DIRECT-EM SVCS - - - - -


AS OF JULY 31, 2012


9/12 of Budget

Actual YTD Revenue


100.000.0000.00.33.1106 *FED OP CAT DIRECT-GREAT - - - - - 100.000.0000.00.33.1107 *FED OP CAT DIRECT-FIRE DEPT GRANT - - - - - 100.000.0000.00.33.1108 *FED OP CAT DIRECT-JUSTICE DEPT 172,300 129,225 109,610 (19,615) -15.18%100.000.0000.00.33.1150 FED OP CAT INDIRECT-MACE 234,560 175,920 - (175,920) -100.00%100.000.0000.00.33.1150 FED OP CAT INDIRECT-BABS 130,820 98,115 130,819 32,704 33.33%100.000.0000.00.33.4115 *STATE OCD-EFSG 10,000 7,500 1,250 (6,250) -83.33%100.000.0000.00.33.4117 *STATE OCD-DCA EMER - - - - - 100.000.0000.00.33.4123 *STATE OCD-GIRMA 12,000 9,000 12,000 3,000 33.33%100.000.0000.00.33.4127 *STATE OCD-DCA - - - - - 100.000.0000.00.33.4128 *STATE OCD-DEPT PUBLIC SAFETY - - - - - 100.000.0000.00.33.4129 *STATE OCD-CJCC ED BYRNE - - - - - 100.000.0000.00.33.6003 *LIBERTY CO-SRO REIMB 81,000 60,750 81,000 20,250 33.33%100.000.0000.00.33.6007 NEXT STEP - TENANT CONTRIBUTION 12,000 9,000 4,424 (4,576) -50.84%100.000.0000.00.33.6011 GENERAL CONTRIBUTION - - 1,500 1,500 - 100.000.0000.00.33.6012 NEXT STEP - OTHER CONTRIBUTION 1,500 1,125 - (1,125) -100.00%100.000.0000.00.33.8001 HOUSING AUTHORITY IN LIEU OF TAX 22,516 22,516 20,956 (1,560) -6.93%100.000.0000.00.34.1120 PROBATION FEE 136,100 102,075 84,464 (17,611) -17.25%100.000.0000.00.34.1700 ADMIN FEES FROM WSF 370,407 277,805 268,367 (9,438) -3.40%100.000.0000.00.34.1705 ADMIN FEES - MGF 114,262 85,697 49,284 (36,413) -42.49%100.000.0000.00.34.1710 ADMIN FEES - SANITATION FUND 180,949 135,712 129,913 (5,799) -4.27%100.000.0000.00.34.1715 ADMIN FEES - SWU 64,326 48,245 48,774 529 1.10%100.000.0000.00.34.1725 ADMIN FEES - TRANSIT - - 1,181 1,181 - 100.000.0000.00.34.2130 FALSE ALARMS 5,860 4,395 2,550 (1,845) -41.98%100.000.0000.00.34.2140 *LIBERTY CO BD OF EDUC-POLICE SECU 88,550 66,413 83,934 17,521 26.38%100.000.0000.00.34.2200 FIRE PROTECTION - IGA - LIBERTY CO. - - 7,500 7,500 - 100.000.0000.00.34.2225 FIRE PROTECTION - IGA - FLEMINGTON 75,000 56,250 37,500 (18,750) -33.33%100.000.0000.00.34.2998 OTHER-HFD REV NOT CLASSIFIED (FIRE) 6,640 4,980 3,700 (1,280) -25.70%100.000.0000.00.34.2999 OTHER-HPD REV NOT CLASSIFIED (POLIC 40,310 30,233 32,032 1,799 5.95%100.000.0000.00.34.9300 BAD CHECK FEES 750 563 50 (513) -91.12%100.000.0000.00.35.1170 MUNICIPAL FINES/FORFEITURES 958,500 718,875 809,643 90,768 12.63%


AS OF JULY 31, 2012


9/12 of Budget

Actual YTD Revenue


100.000.0000.00.35.1321 HPD/CLEARED SEIZURE MONEY - - 3,287 3,287 - 100.000.0000.00.35.1410 *ADD'L ASSESS-PRISONER CUSTODY 105,000 78,750 80,022 1,272 1.62%100.000.0000.00.35.1420 *ADD'L ASSESS-PEACE OFCRS ANNUITY 59,000 44,250 50,075 5,825 13.16%100.000.0000.00.35.1430 *ADD'L ASSESS-10% TRAINING 85,000 63,750 77,683 13,933 21.86%100.000.0000.00.35.1440 *ADD'L ASSESS-CO LAW LIBRARY 13,500 10,125 13,466 3,341 33.00%100.000.0000.00.35.1450 *ADD'L ASSESS-GA CRIME VICTIMS 1,100 825 761 (64) -7.76%100.000.0000.00.35.1460 *ADD'L ASSESS-LOCAL CRIME VICTIMS 45,000 33,750 38,727 4,977 14.75%100.000.0000.00.35.1470 *ADD'L ASSESS-CO DRUG ABUSE 25,500 19,125 12,980 (6,145) -32.13%100.000.0000.00.35.1475 *ADD'L ASSESS-SEATBELT 13,000 9,750 6,889 (2,861) -29.34%100.000.0000.00.35.1476 *ADD'L ASSESS-BRAIN & SPINAL INJURY 3,000 2,250 1,866 (384) -17.07%100.000.0000.00.35.1477 *ADD'L ASSESS-INDIGENT DEFENSE 90,000 67,500 83,209 15,709 23.27%100.000.0000.00.35.1478 *ADD'L ASSESS-JOSHUA'S LAW 31,000 23,250 29,703 6,453 27.75%100.000.0000.00.35.1480 *ADD'L ASSESS-GA CRIME VICTIMS (PRO 46,000 34,500 25,386 (9,114) -26.42%100.000.0000.00.35.1490 *ADD'L ASSESS-TSY CRIME LAB (PROB) 3,500 2,625 5,045 2,420 92.19%100.000.0000.00.35.1491 *ADD'L ASSESS-CSI ADD ON 39,200 29,400 22,815 (6,585) -22.40%100.000.0000.00.36.1020 *INTEREST REVENUES-GENERAL 11,650 8,738 9,984 1,246 14.26%100.000.0000.00.38.1010 *RENTS/ROYALTIES-STREET CLNG SRVC 40,373 30,280 29,049 (1,231) -4.07%100.000.0000.00.38.1020 *RENTS/ROYALTIES-EQUIPMENT LEASE 18,000 13,500 12,690 (810) -6.00%100.000.0000.00.38.1030 *RENTS/ROYALTIES-VEHICLE MAINT WAL 2,500 1,875 16,787 14,912 795.31%100.000.0000.00.38.1040 *RENTS/ROYALTIES-MOSQUITO CONTRO 6,800 5,100 - (5,100) -100.00%100.000.0000.00.38.9001 *OTHER INCOME 2,000 1,500 1,524 24 1.60%100.000.0000.00.38.9003 *OTHER INCOME-LC TRAIN CTR FUEL 41,100 30,825 28,399 (2,426) -7.87%100.000.0000.00.38.9004 *OTHER INCOME-LCPC REIMB 2,500 1,875 2,883 1,008 53.76%100.000.0000.00.38.9005 *OTHER-USE OF FUND BALANCE 400,000 300,000 - (300,000) -100.00%100.000.0000.00.38.9011 *OTHER INCOME-MACE REIMB - - 16,869 16,869 - 100.000.0000.00.38.9500 *OTHER-LCPC ADMIN INCOME 63,575 47,681 49,249 1,568 3.29%100.000.0000.00.38.9999 *OTHER REVENUES 6,500 4,875 4,546 (329) -6.75%100.000.0000.00.39.1210 OPERATING TRANSFER IN - SRF HOTEL/M 145,694 84,988 56,012 (28,976) -34.09% Collected two months in arrears100.000.0000.00.39.2110 *SALE OF ASSETS-SURPLUS PROPERTY 10,000 7,500 6,994 (506) -6.75%


AS OF JULY 31, 2012


9/12 of Budget

Actual YTD Revenue


TOTAL GENERAL FUND REVENUES 18,880,769 14,236,442 13,540,540 (695,903) -4.89%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - GENERAL FUND EXPENDITURES (By Department)

AS OF JULY 31, 2012

Department Number Department

FY 2012 Budget

9/12 of Budget

Actual YTD Expenditure


001 Outside Agencies 1,022,750 767,063 830,139 (63,076) -8.22%011 Administration 1,409,106 1,056,830 1,212,704 (155,874) -14.75%012 Finance 361,909 271,432 272,860 (1,428) -0.53%017 HR 226,715 170,036 164,036 6,000 3.53%018 IT 233,457 175,093 174,910 183 0.10%021 Community Development 236,193 177,145 186,443 (9,298) -5.25%022 Homeless Prevention Program 183,528 137,646 128,925 8,721 6.34%024 Team Hinesville 66,520 49,890 48,666 1,224 2.45%031 Police Department 7,029,806 5,272,355 5,182,281 90,074 1.71%033 MACE 399,490 299,618 139,762 159,856 53.35%134 Municipal Court 484,947 363,710 350,521 13,189 3.63%041 Fire Department 2,100,624 1,575,468 1,569,905 5,563 0.35%043 Fire Department - station #2 1,021,480 766,110 771,515 (5,405) -0.71%051 Inspections 694,959 521,219 497,870 23,349 4.48%053 GIS 166,237 124,678 122,575 2,103 1.69%061 Public Works Administration 109,834 82,376 85,145 (2,769) -3.36%063 Street Department 983,200 737,400 683,302 54,098 7.34%064 Parks and Grounds 373,102 279,827 282,043 (2,216) -0.79%065 Vehicle Maintenance 337,927 253,445 264,903 (11,458) -4.52%081 Capital Projects - - - - -091 Debt Service 372,283 279,212 372,282 (93,070) -33.33%098 Contingency 25,000 18,750 - 18,750 100.00%099 Other Financing Uses 1,041,702 781,277 575,180 206,097 26.38%

TOTAL GENERAL FUND EXPENDITURES 18,880,769 14,160,580 13,915,967 244,613 1.73%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - WATER SEWER FUND REVENUE

AS OF JULY 31, 2012


9/12 of Budget

Actual YTD Revenue


505.000.0000.00.34.4210 *WATER CHARGES 3,275,781 2,456,836 2,307,984 (148,852) -6.06%505.000.0000.00.34.4220 *WATER CHARGES-NEW ACCT FEES 45,300 33,975 32,070 (1,905) -5.61%505.000.0000.00.34.4221 *WATER CHARGES-LAB ANALYSIS FEES 8,500 6,375 6,165 (210) -3.29%505.000.0000.00.34.4222 PENALTY 223,778 167,834 169,921 2,087 1.24%505.000.0000.00.34.4223 *WATER CHARGES-METER INSTALL FEES 58,600 43,950 73,970 30,020 68.30%505.000.0000.00.34.4224 *WATER CHARGES-RECONNECT FEES 45,600 34,200 36,600 2,400 7.02%505.000.0000.00.34.4225 *NO BILL FEEE 7,900 5,925 6,152 227 3.83%505.000.0000.00.34.4226 REUSE WATER FEE 25,000 18,750 20,165 1,415 7.55%505.000.0000.00.34.4242 *SEWERAGE CHARGES-FT STEWART 580,797 435,598 555,401 119,803 27.50%505.000.0000.00.34.4243 *SEWERAGE CHARGES-WALTHOURVILLE 47,960 35,970 31,057 (4,913) -13.66%505.000.0000.00.34.4244 FT STEWART SLUDGE FEES 51,460 38,595 30,125 (8,470) -21.95%505.000.0000.00.34.4245 *SEWERAGE CHARGES-SEPTIC TANK DUMP 23,520 17,640 3,729 (13,911) -78.86%505.000.0000.00.34.4255 *SEWERAGE CHARGES 2,945,025 2,208,769 2,038,659 (170,110) -7.70%505.000.0000.00.34.9300 BAD CHECK FEES 7,700 5,775 4,550 (1,225) -21.21%505.000.0000.00.36.1005 *INTEREST REV-GENERAL 15,228 11,421 4,358 (7,063) -61.84%505.000.0000.00.38.1020 LEASE/RENTAL INCOME 40,000 30,000 39,098 9,098 30.33%505.000.0000.00.38.9004 OTHER INCOME 6,000 4,500 7,341 2,841 63.13%505.000.0000.00.39.1205 OPERATING TRANSFER IN - CPF 744,971 558,728 558,729 1 0.00%505.000.0000.00.39.2110 *SALE OF SURPLUS PROPERTY - - - - -

TOTAL WATER SEWER FUND REVENUES 8,153,120 6,114,841 5,926,074 (188,767) -3.09%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - WATER SEWER FUND EXPENDITURES (By Department)

AS OF JULY 31, 2012

Department Number Department

FY 2012 Budget

9/12 of Budget

Actual YTD Expense


013 Administration 1,089,615 817,211 1,107,610 (290,399) -35.54%013* Debt Service 1,921,214 1,440,911 400,037 1,040,874 72.24%071 OMI Administration 264,360 198,270 195,430 2,840 1.43%072 Meter Reading and Maintenance 765,645 574,234 613,648 (39,414) -6.86%073 Construction and Maintenance 519,931 389,948 392,741 (2,793) -0.72%074 Lab and Pump Maintenance 574,814 431,111 452,406 (21,295) -4.94%075 Inflow and Infiltration 128,676 96,507 102,400 (5,893) -6.11%076 Wastewater Treatment Plant 1,451,221 1,088,416 1,070,896 17,520 1.61%077 Wastewater Treatment Plant #2 793,394 595,046 589,926 5,120 0.86%078 Liftstations 644,250 483,188 391,376 91,812 19.00%

TOTAL WATER & SEWER FUND EXPENDITURES 8,153,120 6,114,842 5,316,470 798,372 13.06%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - SANITATION FUND

AS OF JULY 31, 2012


9/12 of Budget YTD Actual


REVENUES540.000.0000.00.34.4111 *Garbage Collection Charges 1,381,898 1,036,424 967,177 (69,247) -6.68%540.000.0000.00.34.4112 *Garbage Disposal Charges 608,686 456,515 427,070 (29,445) -6.45%540.000.0000.00.34.4113 *Yard Waste/Dry Trash Collection/Disposal 614,864 461,148 461,654 506 0.11%

TOTAL SOLID WASTE FUND REVENUES 2,605,448 1,954,087 1,855,901 (98,186) -5.02%

EXPENSES061 Sanitation--Admin 206,251 154,688 153,479 1,209 0.78%062 Sanitation-Trash/Solid Waste 2,218,248 1,663,686 1,574,486 89,200 5.36%099 Other Financing Uses 180,949 135,712 129,913 5,799 4.27%

TOTAL SOLID WASTE FUND EXPENSES 2,605,448 1,954,086 1,857,878 96,208 4.92%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - TRANSIT FUND

AS OF JULY 31, 2012




REVENUES545.000.0000.00.33.6000 Federal Grants - Section 5307 585,109 438,832 407,787 (31,045) -7.07%545.000.0000.00.33.6005 Federal Grants - ARRA 15,430 11,573 6,136 (5,437) -46.98%545.000.0000.00.33.6500 Local Match - Flemington (Operating) 12,346 9,260 8,551 (709) -7.66%545.000.0000.00.34.5510 Fare Revenue 56,000 42,000 52,058 10,058 23.95%545.000.0000.00.34.5515 Advertising Revenue 15,000 11,250 - (11,250) -100.00%545.000.0000.00.36.1020 Interest Revenue - - 12 12 - 545.000.0000.00.39.1200 Operating Xfer in - General Fund 572,764 429,573 399,183 (30,390) -7.07%

TOTAL TRANSIT FUND REVENUES 1,256,649 942,488 873,727 (68,761) -7.30%

EXPENSES010 Liberty Transit Operation 1,241,219 930,914 867,591 63,323 6.80%040 ARRA - - - - 060 5307 15,430 11,573 6,136 5,437 46.98%

TOTAL TRANSIT FUND EXPENSES 1,256,649 942,487 873,727 68,760 7.30%

CITY OF HINESVILLEBUDGET TO ACTUAL REPORT - STORMWATER UTILITY

AS OF JULY 31, 2012




REVENUES575.000.0000.00.34.4260 Stormwater Utility Fees 901,947 676,460 674,416 (2,044) -0.30%575.000.0000.00.36.1020 Interest Income - - 1,537 1,537 - 575.000.0000.00.38.1020 Lease/Rental Income 17,000 12,750 20,821 8,071 63.30%575.000.0000.00.39.1200 Operating Transfer in - GF 400,000 300,000 101,116 (198,884) -66.29%

TOTAL STORMWATER UTILITY FUND REVENUES 1,318,947 989,210 797,890 (191,320) -19.34%

EXPENSES061 SWU -- Admin 271,411 203,558 204,037 (479) -0.24%066 Drainage 583,379 437,534 458,760 (21,226) -4.85%091 Debt Service 319,022 239,267 86,319 152,948 -099 Other Financing Uses 145,135 108,851 48,774 60,077 55.19%

TOTAL STORMWATER UTILITY FUND EXPENSES 1,318,947 989,210 797,890 191,320 19.34%

PURPOSE: To remind Mayor and City Council members of FY 2013 budget workshops. BACKGROUND: Workshops to discuss the City’s proposed FY 2013 budget have been set for 8:00 am – 12 noon on the following dates:

• Tuesday, September 11• Monday, September 17

th

• Tuesday, September 18

th th

• Friday, September 21 and

st

FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 18-2-0 FY 2013 Budget Workshop Reminder Prepared by: Kimberly T. Ryon Presented by: Billy Edwards

PURPOSE: To present to the Mayor and City Council a letter from ISO. BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS:

18-3-1 ISO Letter PREVIOUS COUNCIL DISCUSSION:

City of Hinesville, Georgia Council Meeting Date: September 6, 2012 Agenda Item: 18-3-0 ISO Report/Rate Prepared by: Deridra Weeks Presented by: Billy Edwards

council meeting agenda september 6, 2012

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