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