Public hearings on Kennesaw entertainment districts

Main Street in downtown Kennesaw -- in aricle on Kennesaw Grand PrixKennesaw's downtown (photo By Thomson200 - Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=40809374)

Public hearings on a proposal to establish entertainment districts in the City of Kennesaw and to change the ordinances involving the sale of alcoholic beverages will be held January 7 and 22 at 6:30 p.m.  The hearings will be at the Kennesaw City Council chambers at 2529 J.O Stephenson Ave, Kennesaw, Georgia, 30144.

The proposal would establish two entertainment districts (download the maps here) and relax the rules on the consumption of alcoholic beverages within those districts.

The new ordinances are similar to the ones Smyrna put into effect recently, allowing carryout of alcoholic beverages within designated districts.

The complete text of the proposed changes to the alcoholic beverage ordinances can be read below:

The text of the proposed ordinance

ORDINANCE TO ESTABLISH AND CREATE AN ENTERTAINMENT DISTRICT IN

THE CITY OF KENNESAW AND TO AMEND CHAPTER 6 “ALCOHOLIC

BEVERAGES,” ARTICLE I “IN GENERAL,” SECTION 6-1 “DEFINITIONS,”

SECTION 6-5 “SALE, POSSESSION, OR CONSUMPTION,” AND THE ADDITION OF

SECTION 6-6 “CONSUMPTION OF ALCOHOL; ENTERTAINMENT DISTRICTS”

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KENNESAW, COBB COUNTY, GEORGIA, AS FOLLOWS:

Chapter 6 – ALCOHOLIC BEVERAGES

Article I – IN GENERAL.

Section 6-1. Definitions.

Open Container means any container of an alcoholic beverage which is immediately capable of

being consumed from, or the seal of which has been broken.

Section 6-5. Sale, possession, or consumption.

No alcoholic beverages shall be sold, possessed or consumed by any person on or in any public

park or public property except as otherwise approved pursuant to section 6-6, section 6-71 or

section 6-72 of the Code of Ordinances, Kennesaw, Georgia.

Sec. 6-6. Consumption of alcohol; entertainment districts.

(a) Except as provided in subsection (c) below, it shall be unlawful for any establishment licensed

to sell or serve alcohol within the City of Kennesaw to dispense any alcoholic beverage in an open

container for removal from the premises.

(b) Except as provided in subsection (c) below, it shall be unlawful for any person to remove from

any establishment licensed to sell or serve alcohol within the City of Kennesaw any open container

of alcoholic beverage or to drink or attempt to drink any alcoholic beverage from any open

container or to possess in any open container any alcoholic beverage on the streets, sidewalks,

rights-of-way, and parking lots, whether public or private, within the corporate limits of the city.

(c) Within any area of the City of Kennesaw designated as an “entertainment district,” as depicted

on the map attached and incorporated into this ordinance by reference hereto, the following

regulations shall apply:

(1) Any establishment within the boundaries of an entertainment district licensed to

dispense alcoholic beverages by the drink for consumption on the premises is

authorized to dispense an alcoholic beverage in a paper or plastic cup, and in no other

type of open container, for removal from the premises; provided, however, that no

establishment shall dispense to any person more than one such open container of

alcoholic beverage at a time for removal from the premises.

(2) No person shall remove at one time more than one open container of alcoholic

beverage from the licensed premises.

(3) No open container in which an alcoholic beverage is dispensed and removed from

the licensed premises within an entertainment district shall exceed 16 fluid ounces in

size.

(4) No person shall remove at one time more than one open container of alcoholic

beverage from the licensed premises.

No open container in which an alcoholic beverage is dispensed and removed from

the licensed premises within an entertainment district shall exceed 16 fluid ounces in

size. No person shall hold in possession on the streets and sidewalks, in parks and squares,

or in other public places within an entertainment district any open container of

alcoholic beverage that exceeds 16 fluid ounces in size.

(d) It shall be unlawful for any person to consume any alcoholic beverages while in the confines

of a motor vehicle when the vehicle is parked on any city street, alley, way or parking lot within

the corporate limits of the city.

(e) No alcoholic beverage purchased pursuant to this provision may be consumed outside the

boundaries of an entertainment district or within an entertainment district on any parcel used as a

church, day care center, or school, as designated by such facility’s certificate of occupancy, unless

specifically allowed by issuance of a special event permit in accordance with Sections 6-71 or 6-

72.

Coolers containing alcoholic beverages in cans or bottles for personal consumption may be

brought into permitted areas within the entertainment district only during events allowed by

issuance of a special event permit in accordance with Sections 6-71 or 6-72.

(f) The distance requirements set forth in Section 6-42 and 6-43 shall not apply to establishments

licensed to sell or serve alcohol within an entertainment district as defined in this section.

(g) Establishments licensed to sell or serve alcohol in open containers within an entertainment

district may allow the removal of such open containers from the premises between the hours of

5:00 p.m. and midnight on weekdays and between the hours of 11:00 a.m. and midnight on

weekends.

(h) Any licensed establishment that allows patrons to leave the establishment with an alcoholic

beverage in an open container as provided in this section shall maintain posted inside all exit doors

for clear public view a map of the current boundaries of the entertainment district and a sign of at

least 11-inches by 8 1⁄2 inches that states the following:

“All patrons leaving this establishment with an alcoholic beverage in an open

container do hereby assume full responsibility to consume such alcoholic beverage

only if it has been served in a paper or plastic cup not to exceed 16 ounces in size

and obtained from an establishment licensed to sell alcoholic beverages within the

entertainment district outlined on the map below. Any individual who leaves the

entertainment district with an alcoholic beverage in an open container is in

violation of the Kennesaw Code of Ordinances and may be subject to a citation,

arrest, incarceration, and/or fine.”

(i) The provisions of this section shall not be deemed to abrogate or otherwise impact any state

law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open

container or under the influence of alcohol, or similar laws or ordinances.

(j) No establishment licensed to sell or serve alcohol within an entertainment district will be

required to offer open containers of alcohol for sale to its customers or to allow patrons to enter

CITY OF KENNESAW ORDINANCE NO. 2019-____, 2019the establishment with open containers of alcohol purchased or obtained from outside the establishment.

(k) The boundaries of any entertainment district within the City of Kennesaw shall be established

by the Mayor and Council and may be amended from time to time by the Mayor and Council under

the procedures set out in the City Charter for amending an ordinance. This ordinance shall be codified in a manner consistent with the laws of the State of Georgia. This ordinance shall become effective immediately upon its adoption by the Mayor and Council of the City of Kennesaw.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Kennesaw,

Cobb County, Georgia, hereby adopt the above named amendments to Chapter 6 of the Code of

Ordinances.

BE IT FURTHER ORDAINED THAT this Ordinance and the attached map shall become

effective from and after its adoption and execution by the Mayor.

PASSED AND ADOPTED by the Kennesaw City Council on this ____ day of January, 2019.

ATTEST: CITY OF KENNESAW:

_______________________________

Debra Taylor, City Clerk __________________________

Derek Easterling, Mayor

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