11 LC
29 4450
Senate
Bill 45
By:
Senators Brown of the 26th and Staton of the 18th
A
BILL TO BE ENTITLED
AN ACT
To
amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating
to general regulation of alcoholic beverages, so as to impose penalties and
remedies with respect to businesses where alcoholic beverages are consumed and
where there are repeated incidents of violent conduct; to define terms; to
provide for civil monetary penalties; to provide for practice and procedure; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 3 of the Official Code of Georgia Annotated, relating to general
regulation of alcoholic beverages, is amended by adding a new article to read as
follows:
"ARTICLE
4
3-3-60.
As
used in this article, the term:
(1)
'Alcohol sales establishment' means any place of business which is licensed for
the sale of any alcoholic beverage for consumption on the premises.
(2)
'Premises' includes the entire area of an alcohol sales establishment together
with:
(A)
The entire tract or parcel of land on which the alcohol sales establishment is
located;
(B)
Any immediately adjacent public sidewalk and any immediately adjacent public
right of way; and
(C)
Any adjacent parking area used exclusively or primarily by employees and
customers of the alcohol sales establishment.
(3)
'Violent incident' means an act committed which constitutes any violation of
Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title
16, relating to sexual offenses; Article 1 or Article 2 of Chapter 8 of Title
16, relating to offenses involving theft and robbery; or any criminal act
involving the use or possession of a knife or handgun as such terms are defined
in Code Section 16-11-125.1.
3-3-61.
(a)
Each alcohol sales establishment shall report each violent incident which occurs
on its premises to the commissioner within 72 hours of the occurrence of such
act, irrespective of criminal charges or arrests being made. In the event that
law enforcement investigates a violent incident at an alcohol sales
establishment premises, and a manager or owner of such establishment is not
present for such investigation, law enforcement shall notify such establishment
of its investigation, irrespective of criminal charges or arrests being made,
within 48 hours so that the alcohol sales establishment can report the incident
to the commissioner within 72 hours of its occurrence.
(b)
In the event there is a dispute as to whether a violent incident occurred, it
shall be established by a preponderance of the evidence.
3-3-62.
(a)
Except as provided in subsection (b) of this Code section, when the commissioner
determines that an alcohol sales establishment has had three violent incidents
occur on its premises within a 90 day period, the commissioner shall assess such
establishment with a civil penalty of $2,500.00. If a fourth violent incident
occurs in the 90 day period immediately subsequent to the previous 90 day
period, the commissioner shall assess an additional $2,500.00
penalty.
(b)
This Code section shall not apply with respect to:
(1)
A violent incident on a public sidewalk or right of way or in a parking area if
no customer or employee of the alcohol sales establishment is a victim, witness,
or accused in the violent incident; or
(2)
A violent incident wherein the alcohol sales establishment is the victim of such
incident."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.