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WHEREAS, OCGA § 3-3-7(R) Authorizes the Gove

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WHEREAS, OCGA § 3-3-7(R) Authorizes the Gove RESOLUTION BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, O.C.G.A. § 3-3-7(r) authorizes the governing authority of a county or a municipality to adopt a resolution or ordinance to authorize the sale of alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on one Sunday during each calendar year, and WHEREAS, § 6-3-5(i)(9) of the Code of Ordinances of Athens-Clarke County implements the above-described statute, and WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County desire to so designate one Sunday in 2020 for such purpose, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Commission do hereby declare that Sunday, October 31, 2021, is designated as the Sunday during calendar year 2021 when licensees holding Class D, E, or F alcoholic beverages licenses may sell alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on such date. SO RESOLVED, this _____ day of _____________, 2021. By: __________________________ Mayor Attest: ________________________ Clerk of Commission THE UNIFIED GOVERNMENT OF ATHENS‐CLARKE COUNTY COMMISSION AGENDA ITEM SUBJECT: Establish the Sunday in calendar year 2021 for alcoholic beverage sales for Class D, E & F license holders as authorized by O.C.G.A. § 3‐3‐7 (r). DATE: July 28, 2021 BUDGET INFORMATION: REVENUES: N/A EXPENSES: ANNUAL: N/A CAPITAL: OTHER: FUNDING SOURCE: N/A COMMISSION ACTION REQUESTED ON: September 7, 2021 PURPOSE: To request Mayor and Commission: a. Adopt a resolution (Attachment #1) to designate Halloween, October 31, 2021, as the authorized Sunday for calendar year 2021 HISTORY: 1. On March 13, 2016, Governor Nathan Deal signed Senate Bill 103, which states, “the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance authorize the sale of alcoholic beverages for consumption on the premises from 12:30 PM until 12:00 midnight one Sunday during each calendar year that shall be designated in such resolution or ordinance.” Senate Bill 103 was codified into the Official Code of Georgia Annotated (O.C.G.A. § 3‐3‐7 (r)). 2. On August 2, 2016, Mayor Nancy Denson assigned the Legislative Review Committee (LRC) to recommend a process for which Sunday alcohol sales would be permitted per the provisions of Senate Bill 103. 3. On November 15, 2016, the LRC members reviewed a survey prepared by the Finance Department designed to receive feedback from licensed bars regarding which Sunday in 2017 (and future years) would most benefit their business. Also, based on the survey results, the LRC recommended a process to annually survey consumption on premises Page 1 license holders (that do not possess a Sunday Sales permit) as to the preferred date for an authorized Sunday. 4. On January 3, 2017, the Mayor and Commission authorized New Year’s Eve, December 31, 2017, as the first designated Sunday under O.C.G.A. § 3‐3‐7 (r). Sundays designated in past years by the Mayor and Commission include: 2018 Super Bowl, Sunday, February 4 2019 St. Patrick’s Day, Sunday, March 17 2020 Super Bowl, Sunday, February 2 5. On August 14, 2020, the government reached a settlement agreement with various alcoholic beverage establishments establishing a pandemic related alcoholic beverage last serve time of 11:30 pm until specific pandemic conditions occurred. 6. On August 31, 2020, as part of the annual alcoholic beverage license renewal process, Finance staff sent surveys to 68 licensed consumption on premises establishments. The establishments included Class D, E & F license holders (bars, restaurants, etc.), that do not possess a Sunday Sales permit. Surveys were due November 1, 2020. 7. On November 11, 2020, Finance staff sent a reminder email message encouraging the establishments to complete the survey. 8. As of November 17, 2020, 53 surveys had been returned. 9. As of November 24, 2020, the August 14, 2020 agreement was still in effect. Because the agreement was still in effect, the Attorney’s Office requested a hold on the Sunday Sales agenda item and resolution as the 2:30 am alcoholic beverage last alcoholic beverage serve time associated with the resolution would conflict with the settlement agreement. FACTS & ISSUES: 1. The Code of Ordinances of Athens‐Clarke County § 6‐3‐5 (i) (9) notes the following: “Notwithstanding subparagraphs (3), (4) and (6) above, the sale of alcoholic beverages by Class D, E, or F licensees shall be lawful from 12:30 p.m. until 12:00 midnight on one Sunday during each calendar year that shall be designated by the Commission by resolution. On such designated Sunday, Class D, E, and F licenses for alcoholic beverages shall be authorized to sell, offer for sale, serve and/or permit the consumption of alcoholic beverages upon the licensed premises between the hours of 12:00 a.m. (midnight) and 2:30 a.m. on the following Monday.” 2. The Finance Department received 53 survey responses as of November 17, 2020. The results are: Page 2 26 – Halloween – Sunday, October 31 8 – Independence Day, Sunday, July 4 3 – Athfest – Sunday in June 2 – Super Bowl – Sunday, February 7 2 – Valentine’s Day – Sunday, February 14 6 – Voted No for any Sunday 6 – Returned survey without a selection 53 – Total surveys received 3. As a result of Halloween receiving the highest number of votes, it is recommended to be the designated Sunday for 2021 by resolution (Attachment #1). 4. As of the date of this agenda item and resolution, the August 14, 2020 settlement agreement with various alcoholic beverage establishments is no longer in effect, allowing the 2:30 am last alcoholic beverage serve time specified in the resolution. 5. This recommendation is not associated with, nor contrary to, the Mayor and Commission FY21 Strategic Commitments and Goals. OPTIONS: 1. Mayor and Commission: a. Adopt a resolution (Attachment #1) to designate Halloween, October 31, 2021, as the authorized Sunday for calendar year 2021 2. Mayor and Commission do not designate Halloween Sunday, October 31, 2021 as the authorized Sunday for calendar year 2021. 3. Mayor and Commission defined option. DEPARTMENT RECOMMENDED ACTION: Option 1a DEPARTMENT: Finance Prepared by: Chris Caldwell David Boyd July 28, 2021 David Boyd, Finance Director Date: ADMINISTRATIVE COMMENTS: ADMINISTRATIVE RECOMMENDATION: Option #1 a Page 3 August 10, 2021 Manager Date: ATTACHMENTS: Attachment #1 ‐ Resolution 2021 Page 4 Attachment # 1 RESOLUTION BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, O.C.G.A. § 3-3-7(r) authorizes the governing authority of a county or a municipality to adopt a resolution or ordinance to authorize the sale of alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on one Sunday during each calendar year, and WHEREAS, § 6-3-5(i)(9) of the Code of Ordinances of Athens-Clarke County implements the above-described statute, and WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County desire to so designate one Sunday in 2021 for such purpose, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Commission do hereby declare that Sunday, October 31, 2021, is designated as the Sunday during calendar year 2021 when licensees holding Class D, E or F alcoholic beverages licenses may sell alcoholic beverages for consumption on the premises from 12:30 p.m. to 12:00 midnight on such date and until 2:30 a.m. on the following Monday. SO RESOLVED, this _____ day of ________________, 20____. By:__________________________ Mayor Attest: ________________________ Clerk of Commission .
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