ORDINANCE TO AMEND DULUTH CODE CHAPTER 3, SECTIONS 3-284 and 3-250

The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances Chapter III, Alcoholic Beverages is hereby amended by establishing Section 3-284 to be titled “ ” and amend 3-250 by adding license type as follows:

Sec. 3-284. - Wine bars.

(a) Notwithstanding any other provision of this chapter to the contrary, the City Clerk is authorized to issue a wine bar license to businesses:

(1) Located in the CBD zoning District;

(2) Which meet all other license application requirements set forth in this chapter.

(b) A wine bar established under this section may:

(1) Sell and serve and wine by the drink for consumption on the premises except on Sundays; and

(2) Sell wine by the package.

(c) Nothing in this subsection shall prohibit a wine bar from serving food, provided that it meets all of the requirements for restaurants in this Code and is properly permitted by the City.

Sec. 3-250. - License permitting the sale of alcoholic beverages on the premises for consumption on the premises.

(a) No alcoholic beverages shall be sold for consumption on the premises or distributed for educational or instructional purposes in a wine and malt tasting room except under a license granted by the city clerk, as provided in this article.

(b) No license permitting the sale of alcoholic beverages for consumption on the premises shall be granted unless such person, business or proposed business falls under one (1) of the following categories, in accordance with the definitions and regulations set forth in this chapter:

(1) Restaurant. (2) . (3) Brewpub. (4) Private club. (5) Special events facility. (6) Performing arts facility. (7) Hotel. (8) Lounge. (9) Indoor commercial recreational establishment. (10) Golf course. (11) Alcoholic beverage caterer. (12) Growler sales. (13) Grocery store. (14) Ancillary sales. (15) Temporary special event. (16) In a brewery, provided that only beer and malt beverages are sold and such establishment meets all requirements of O.C.G.A. § 3-5-24.1. (17) Wine bar.

(c) No license permitting the sale of alcoholic beverages for consumption on the premises shall be granted unless the business or proposed business is located in the CBD, HC-R, HC-A, C-2, M-1 or M-2 zoning classifications. Licenses for performing arts facilities shall not be granted unless such facility is located in the CBD zoning classification and has obtained a special use permit to operate as a performing arts facility. A license shall only be granted for a business that is a permitted use in its particular zoning district. No license shall be granted to any business which operates as an adult entertainment establishment as set forth in article XIV of chapter 7 of this Code.

IT IS SO ORDAINED this day of , 2020.

______Mayor Nancy Harris

Those councilmembers voting in favor: ______Marsha A. Bomar, Post 1

______Kirkland Carden, Post 2

______Billy Jones, Post 3

______Kelvin J. Kelkenberg, Post 4

______Greg Whitlock, Post 5

Those councilmembers voting in opposition: ______

______

______ATTEST: ______Teresa S. Lynn, City Clerk