§ 5-1. Definitions.

(a)

Unless a contrary intention is clearly apparent from the context, the following terms used in this chapter shall have the following meaning:

Interest includes any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power or authority of control.

Licensed premises includes not only the room wherein alcoholic beverages are sold or served but also the entire building in which such room is located, except that when such a room is located in a hotel, motel, or similar facility or in a shopping center only such room and any adjoining storage, office, toilet, and other similar rooms shall constitute the licensed premises.

Licensee includes an individual licensee and in the case of a partnership or corporation includes both the partnership or corporation and the named licensee.

Majority stockholder means the person, if any, who owns more than 50 percent of the voting stock of a corporation. If no person owns more than 50 percent of the voting stock of a corporation, the term "majority stockholder" is the person owning more of the voting stock than any other person; and if two or more persons each own the same amount of the voting stock of a corporation and each own more of the voting stock than any other person, then any one of such persons may act as the majority stockholder.

Mixed drink means any distilled spirits served for consumption on the premises, whether or not diluted by water or any other substance.

Named licensee means the person acting as such for a partnership or corporation pursuant to section 5-35.

Open container means any bottle, can, glass, cup or other vessel which contains an alcoholic beverage not in its original container. The term "open container" also means the original container of an alcoholic beverage which contains an alcoholic beverage on which the seal has been broken or which is otherwise ready for consumption.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place of business where meals are served, and where meals are actually and regularly prepared and served, without sleeping accommodations. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations, and periods of redecorating; and the serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto. A restaurant shall have 50 percent or more of its total annual gross sales of food and alcoholic beverages from the sale of prepared meals or food to include nonalcoholic drinks.

Semipublic parking facility means any privately owned area wherein motor vehicles may be parked by the public in conjunction with any business, enterprise, commercial establishment, office building, church, school, or multiple-family residential building.

(b)

Unless a contrary intention is clearly apparent from the context, any term used in this chapter shall have the same meaning as when used in the comparable provision of O.C.G.A. title 3 (O.C.G.A. § 3-1-1 et seq.).

( Ord. No. 2008-2, § 1(6-2), 3-11-2008 )