O.

MEMORANDUM
MEETING OF: February 23, 2021
COMMITTEE: Brookhaven City Council
DEPARTMENT: City Council

ISSUE/AGENDA ITEM TITLE:

Consideration and Approval of an Ordinance to Extend Pouring Hours for Licensed Alcohol
Sales During NBA All Star Game Weekend for Period March 4 to March 8 as Stated in
Ordinance - City Attorney Chris Balch

FUNDING SOURCE:
N/A

ACCOUNT NUMBER:
N/A

BACKGROUND/SUMMARY:
Ordinance is attached.

STAFF RECOMMENDATION:

ATTACHMENTS:

• 210223.NBA All Star Weekend Special Hours (DOCX)

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State of Georgia
City of Brookhaven Ordinance No. 21-02-__

Attachment: 210223.NBA All Star Weekend Special Hours (ORD-2021-02-04 : Consideration and Approval of an Ordinance to Extend Pouring
WHEREAS, the City of Brookhaven is delegated the authority to regulate the retail sale and
sale for on premises consumption of beer, wine, and distilled spirits, and

WHEREAS the City of Atlanta is hosting the National Basketball Association All-Star game
on Sunday, March 7, 2021, and

WHEREAS, the hosting of the NBA All-Star Game is a once in a decade event, and

WHEREAS, the City of Brookhaven wants to enable businesses and business owners to benefit
from this economic opportunity, and

WHEREAS, the City Council has received information and testimony from business owners
and business associations supporting this unique opportunity and its direct
economic benefit to the City of Brookhaven, and

WHEREAS, the City of Brookhaven specifically finds that the unique economic opportunity
benefits the health, safety and welfare of the citizens of the community, and

WHEREAS, the Council finds that the economic impact estimated to benefit the Metropolitan
Atlanta Region is substantial,

NOW, THEREFORE, the Mayor and City Council hereby ordain and enact the following
amendment to Chapter 4 of the Code of the City of Brookhaven as follows:

1. The precatory and introductory language of this Ordinance are enacted and made a part of
this Ordinance as the Legislative Findings of the Council and the factual support for this
Ordinance.
2. Chapter 4 of the Code of the City of Brookhaven is amended by enacting section 4-302.1
as follows:

Section 4-302.2 — Special Operating Times for 2021 NBA All Star Game

a. To be eligible for the extended hours provided for in this Section, the licensee must
have a current business license, a current alcohol license, and be current on their
excise taxes with the City. In addition, the licensee must not have any pending
dispute, audit, or other issue related to payment of excise taxes due or payable to the
City of Brookhaven. This exclusion shall not apply if the licensee is in active
discussions with the City to resolve any such dispute and the City shall issue a notice
or other document to the licensee authorizing the additional hours.
b. Notwithstanding any other provision of this Chapter and subject to the limitation in
subsection (a) above, the hours of operation for licensees for on-premises
consumption of beer, wine, or distilled spirits, regardless of class of license for the
period March 4 to March 8, 2021 are as follows:

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State of Georgia
City of Brookhaven Ordinance No. 21-02-__

Attachment: 210223.NBA All Star Weekend Special Hours (ORD-2021-02-04 : Consideration and Approval of an Ordinance to Extend Pouring
1) Thursday and Friday (March 4 & 5) sales of alcoholic beverages for on
premises consumption shall be permitted from 11:00 a.m. until 4:00 a.m. the
following day.
2) If a licensee is otherwise authorized to sell beer, wine or distilled spirts on
Sundays pursuant to current law, the hours on Sunday March 7 shall be from
11:00 a.m. on Sunday until 4:00 a.m. on Monday.
3) Sales of beer, wine, or distilled spirits for on premises consumption shall be
permitted on Saturday March 6 shall be from 11:00 a.m. until 2:55 a.m. on
Sunday (March 7) as authorized by O.C.G.A. § 3-3-7(m).
c. There shall be no additional fee or license required for the privileges granted by this
Section.
3. This section shall become effective upon passage by the Mayor and Council as provided
by law.
4. The Mayor is authorized to execute this Ordinance and take such other action to
implement it as appropriate.
5. This section shall expire and become null and void on March 8, 2021 at noon, without
further action by the Mayor and City Council

SO ORDAINED, this 23d day of February, 2021.

John Arthur Ernst, Jr.

Mayor

ATTEST: APPROVED AS TO FORM:

Susan Hiott Christopher D. Balch

City Clerk City Attorney

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