Rules and regulations

The commissioner shall be authorized to promulgate rules and regulations to implement and carry out the provisions of this chapter. History. — Code 1981, § 3-11-5, enacted by Ga. L. 1992, p. 1145, § 1. 895 T.3, C.12 ALCOHOLIC BEVERAGES 3-12-1 CHAPTER 12 RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICTS Sec. 3-12-1. 3-12-2. ‘‘Residential community development district’’ defined. Establishment of districts; articles of establishment; contents; filing; fees. Sec. 3-12-3. Licenses for sale of alcoholic beverages; adoption of resolution or ordinance; election; state license required; restrictions. 3-12-1. ‘‘Residential community development district’’ defined. As used in this chapter, the term ‘‘residential community development district’’ or ‘‘district’’ means a private residential development that: (1) Is not less than 500 acres of contiguous land area; (2) Is located either within a county where the sale of alcoholic beverages is authorized or within a county that has one or more municipalities where the sale of alcoholic beverages is authorized, but outside the corporate limits of any municipality; (3) Has at least 200 residential sites, platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision; (4) Has streets that were or will be built with private funds and are or will be maintained by private funds of the developers or property owners within the development; and (5) Has a social club with: (A) An 18 hole golf course of regulation size; (B) A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons; (C) A golf or social club membership and has at least 200 paid-up members who have paid a membership fee for family or individual membership; (D) A membership policy whereby membership is not denied or limited by an applicant’s race, color, creed, sex, religion, or national origin; and (E) A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold. 896 3-12-2 History. — Code 1981, § 3-12-1, enacted by Ga. L. 1995, p. 486, § 2. 3-12-2. Establishment of districts; articles of establishment; contents; filing; fees. (a) The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a community development district with the clerk of the superior court of the county in which the district is to be located or, if located in more than one county, of each of the counties in which the district is located. (b) The articles of establishment of a residential community development district shall contain the following: (1) The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demonstrating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option; (2) A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district; (3) A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, together with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county; (4) The proposed name of the district and the location and the mailing address of the principal office of the district; and (5) A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected members; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the petition. Each landowner within the district shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected. A landowner whose parcel of land measures less than one acre shall be entitled to one vote with 897 3-12-3 respect thereto. The selected number of candidates receiving the highest number of votes shall be elected to the board of control for a period of one year, or until his or her successor is duly elected and qualified. (c) The articles of establishment and two copies thereof shall be delivered to the clerk of the superior court who shall, upon the payment of the fees prescribed in this Code section: (1) Endorse on the articles and on each of such copies the word ‘‘Filed’’ and the hour, day, month, and year of the filing thereof; (2) File the articles in his or her office and certify the two copies thereof; and (3) Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district. (d) Upon the filing of the articles of establishment of the community development district with the clerk of the superior court, the district’s existence shall begin. (e) In lieu of all other charges and fees, the clerk of the superior court shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establishment not to exceed $100.00 for the county and $35.00 for the clerk of the superior court. History. — Code 1981, § 3-12-2, enacted by Ga. L. 1995, p. 486, § 2. 3-12-3. Licenses for sale of alcoholic beverages; adoption of resolution or ordinance; election; state license required; restrictions. (a) As used in this Code section, the term: (1) ‘‘Member’’ means any person whose membership application has been approved by the social club, which membership shall not become effective for purposes of purchasing alcoholic beverages less than five days following both approval and payment of the membership initiation fee. (2) ‘‘On-premises consumption’’ means consumption on the property of the social club including the club house, golf course, and other outside recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member’s account or to a major credit card. There shall be no cash sales of alcoholic beverages. 898 3-12-3 (b)(1) Upon the establishment of a residential community development district as provided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community development district. Each such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection. (2) No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the qualified electors of the voting precinct wherein the residential community development district is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect. (3) The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county election superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following: ‘‘[ [ ] YES Shall the issuance of licenses to sell distilled spirits by the drink to certain ] NO residential community development districts be approved?’’ Those persons desiring to vote in favor of issuance of the licenses shall vote ‘‘Yes’’ and those persons opposed to issuance of the licenses shall vote ‘‘No.’’ If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately following the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern 899 3-12-3 special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held. (c)(1) Upon being licensed by the county governing authority, a residential community development district shall then apply to the commissioner for the appropriate state license and shall be subject to all state licensing requirements. (2) Upon being licensed by the county governing authority and the commissioner, alcoholic beverages may be sold by the social club of the district to members and their guests for on-premises consumption only. (3) The social club shall be licensed to sell alcoholic beverages to its members and their guests pursuant to such regulations as the county governing authority may deem necessary for the proper enforcement of this chapter. (4) The original application for licensure by the county governing authority shall be accompanied by a certificate from the board of control of the district in which the social club is located consenting to and approving the sale of alcoholic beverages at the club. History. — Code 1981, § 3-12-3, enacted by Ga. L. 1995, p. 486, § 2. 900 T.3, C.13 SALES VIA ECONOMIC ASSISTANCE PROJECT 3-13-2 CHAPTER 13 SALE OF ALCOHOLIC BEVERAGES BY REGIONAL ECONOMIC ASSISTANCE PROJECT Sec. 3-13-1. 3-13-2. 3-13-3. Definitions.