MINUTES REGULAR MEETING OF THE COLQUITT COUNTY BOARD OF COMMISSIONERS Tuesday, July 10, :00 o'clock p.m.

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1 MINUTES REGULAR MEETING OF THE COLQUITT COUNTY BOARD OF COMMISSIONERS Tuesday, July 10, :00 o'clock p.m. CALL TO ORDER: The meeting was called to order at 7:00 o'clock p.m. by Chairman Terry R. Clark. PRESENT: Those present were Commissioners Barbara Jelks, Chris Hunnicutt, Marc DeMott, Paul Nagy, Johnny Hardin, and Chairman Terry R. Clark. Also present were County Administrator Chas Cannon and County Attorney Lester M. Castellaw. ABSENT: Commissioner A1 Whittington and County Clerk Melissa Lawson. INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation and Pledge of Allegiance were led by Commissioner Johnny Hardin. APPROVAL OF MINUTES OF MEETINGS HELD ON JUNE 5, 14, & 19: Commissioner Jelks made the motion to approve minutes of all meetings held on June 5, 14, & 19. Commissioner DeMott made a second. The motion carried unanimously. APPROVAL OF PAYMENT OF LIST OF UNPAID INVOICES: Commissioner DeMott made the motion to approve payment of the list of unpaid invoices. Commissioner Hunnicutt made a second. The motion carried unanimously. APPROVAL OF TAX RELffiFS AND ADDITIONS: None Requested. County Administrator Chas Cannon presented the following agenda items: RATIFICATION OF APPROVAL OF MOA - DEPARTMENT OF COMMUNITY AFFAIRS: Commissioner Hunnicutt made the motion to ratify verbal approval obtained on June 21, 2018 of the Memorandum of Agreement with the Georgia Department of Community Affairs regarding a local airport sponsor grant. Commissioner DeMott made a second. The motion carried unanimously. APPOINTMENT TO THE MOULTRIE- COLQUITT COUNTY PLANNING COMMISSION: Commissioner Nagy made the motion to appoint Brent Chitty to a three year term on the Moultrie - Colquitt County Planning Commission. Commissioner Hardin made a second. The motion carried unanimously. APPOINTMENT TO THE COLQUITT COUNTY BOARD OF ASSESSORS: Commissioner Jelks made the motion to reappoint Andrew K. Daniels to the Colquitt County Board of Assessors. Commissioner DeMott made a second. The motion carried unanimously. (Resolution 2018-R-10 is hereby made a portion of the minutes by reference thereto.)

2 July 10, 2018 Page2 APPOINTMENT TO THE MOULTRIE- COLQUITT COUNTY LAND BANK AUTHORITY: Commissioner DeMott made the motion to appoint Commissioner Barbara Jelks and Compliance Officer Justin H. Cox to the Moultrie- Colquitt County Land Bank Authority. Commissioner Hunnicutt made a second. The motion carried unanimously. APPOINTMENT TO THE JOINT DEVELOPMENT AUTHORITY: Commissioner Jelks made the motion to appoint Justin H. Cox, Darrell Moore, and Marc DeMott to the Joint Development Authority of Brooks, Colquitt, Grady, Mitchell and Thomas Counties. Commissioner Nagy made a second. The motion carried unanimously. APPROVAL OF RENEWAL CONTRIBUTION- ACCG/IRMA PROPERTY & LIABll.,ITY INSURANCE: Commissioner Nagy made the motion to approve payment of the renewal contribution, in the amount of $278,457.00, submitted by ACCG /IRMA regarding the provision of property and liability insurance for the term July 1, July 1, Commissioner DeMott made a second. The motion carried unanimously. APPROVAL OF PAYMENT OF INVOICE - RCE OF VALDOSTA: Commissioner Hardin made the motion to approve payment of the invoice, in the amount of $12,250.00, submitted by RCE of Valdosta regarding a Zetron product service plan for E-911 work stations. Commissioner Nagy made a second. The motion carried unanimously. APPROVAL OF 2019 LOCAL MAINTENANCE AND IMPROVEMENT GRANT (LMIG) PROJECT LIST: Commissioner Nagy made the motion to approve the project list to be included in the 2019 LMIG application to the Georgia Department of Transportation. Commissioner Hardin made a second. The motion carried unanimously. OTHER BUSINESS: At this point, Mr. Cannon addressed items received after the agenda deadline. APPROVAL OF PAYMENT OF INVOICE - COUNTY ATTORNEY: Commissioner Nagy made the motion to approve payment of the invoice, in the amount of $5,505.00, submitted by County Attorney Lester M. Castellaw regarding the provision of legal services for June Commissioner Jelks made a second. The motion carried unanimously. APPROVAL OF RENEWAL OF CONTRACT - DELINQUENT TAX SOLUTIONS: Commissioner Hardin made the motion to renew the contractual agreement with Delinquent Tax Solutions regarding the provision of levy services on delinquent solid waste disposal tax bills. Commissioner Nagy made a second. The motion carried unanimously. APPROVAL OF PAYMENT OF INVOICE - SOUTHWEST GEORGIA REGIONAL COMMISSION: Commissioner Nagy made the motion to approve payment of the invoice, in the amount of $7,877.38, submitted by the Southwest Georgia

3 July 10, 2018 Page 3 Regional Commission regarding the mandatory third quarter dues assessment for the agency. Commissioner Jelks made a second. The motion carried unanimously. COUNTY ATTORNEY: At this time, County Attorney Lester M. Castellaw presented the following agenda items: APPROVAL OF AMENDMENT TO T -SPLOST IGA: Commissioner Nagy made the motion to approve the amendment to the Transportation Special Local Option Sales Tax Intergovernmental Agreement. Commissioner Hunnicutt made a second. The motion carried unanimously. APPROVAL OF AMENDMENTS TO ALCOHOLIC BEVERAGE ORDINANCE: Commissioner DeMott made the motion to approve amendments to the alcohol ordinance concerning beer and wine at special and catered events. Commissioner Hunnicutt made a second. The motion carried unanimously. (2018-0RD-4 is hereby made a portion of the minutes be reference thereto.) PUBLIC COMMENTS: Stacey Williams addressed the Board regarding the purpose of the amendments to the alcohol ordinance that were presented and subsequently approved. There being no further business to come before the board, the meeting was adjourned at 7:28 p.m. Respectfully submitted, ~Jf.M.L Terry fp. Clark Chairman Approved:

4 RESOLUTION Colquitt County Resolution Number 2018-R-10 APPOINTMENT TO THE COLQUITT COUNTY BOARD OF TAX ASSESSORS WHEREAS, the Official Code of Georgia Annotated, Section , requires that each county adopt a resolution appointing and setting the term lengths of appointees to the Board of Tax Assessors; and, WHEREAS, Andrew K. Daniels has served concurrent terms on the Board of Tax Assessors of Colquitt County, and; WHEREAS, Andrew K. Daniels has indicated his willingness to continue said service; and, THEREFORE BE IT RESOLVED that Andrew K. Daniels is hereby reappointed to the Board of Tax Assessors of Colquitt County, Georgia, and that as part of said appointment is required to maintain all certifications and qualifications as a member of the Board of Tax Assessors of Colquitt County, Georgia. BE IT FURTHER RESOLVED, that said appointment shall be for a term beginning June 27, 2018 and ending June 26, SO ~SOLV~, ~~~s gr~, day of July, ::::.y:: :.; ~:t,f(. /':} :~~.,,,!!_. Terry R. Clark, Chairman Board of Commissioners Colquitt County, Georgia ATTEST: (SEAL)

5 Ordinance 20l8,0RD,4 Ordinance Providing for Amendments to Chapter 4 of Code of Ordinances of Colquitt County, Georgia to provide for Authorized Catered Functions and/or Special Events BE IT ORDAINED THAT, in order to provide for regulation and licensing of sales, or serving, of beer and wine for consumption off the premises for Special Events and Catered Events, Chapter 4 of the Code of Ordinances, Colquitt County, Georgia, is hereby amended as follows: Amend Section to add the following definitions: Caterer means any person who prepares food and furnishes beverages, but not alcoholic beverages, for consumption off the premises of a food service facility or restaurant for a special event. Licensed alcohol beverage caterer means any retail alcohol dealer who is a food caterer and has been licensed pursuant to the county code of ordinances and O.C.G.A. J.. n Licensed premises means a building or segregated part of a building, completely enclosed in which a valid and current license to sell alcoholic beverages for on... premises consumption or sell malt beverages and/or wine in unbroken packages for consumption off the premises has been issued by the county and shall include any premises \vhich are required by law to be so licensed. Permitted location means a building, premises or location for which a permit is required pursuant to this chapter and shall include a premises and a licensed premises as defined herein. Private residence means any house, dwelling, condominium, duplex, boardinghouse or roominghouse, apartment building, within or without the limits of the county; or any property, within or without the limits of the county, zoned for residential use. Amend Section by striking subsection (c) in its entirety and inserting in lieu thereof, and by adding subsection (d) as follows: (c) Except as set forth in subsection (d) of this Section , only those places of business which carry in stock or inventory an amount of goods in excess of $5, (retail value) exclusive of malt beverages and wine shall be eligible for a license to sell malt beverages. Such stock or inventory shall be defined as and include any two of the following: foodstuffs, dry goods or gasoline products. The license shall be restricted to the sale of packaged malt beverages not to be consumed in the place of business. (d) A caterer, as defined in Section , shall be qualified to apply for a license under this Article, provided that the caterer maintains a food service facility or restaurant for preparation of food for consumption off premises and earns annual gross revenues from such sales of at least $15, An applicant under this subsection shall submit with the application a description of such facility or restaurant and a profit and loss statement.

6 Amend Sections and by striking same in their entirety and inserting in lieu thereof as follows: Sec Sale authorized. Authority is hereby given for the retail sale of malt beverages for consumption on the premises, or at Special Events or license Catered Events as described in Article VIII of this Chapter, within the unincorporated areas of the county subject to the provisions and conditions of this article. Sec Place of business. (a) Except as set forth in subsection (c) of this Section , only those places of business described in Section shall be eligible for retail sales of malt beverages for consumption on the premises. (b) All places of business licensed for the sale of malt beverages for consumption on the premises shall maintain restrooms complying with the building code and other regulations of the county, provided that this requirement shall not apply to caterers who do not maintain a restaurant or food preparation facility within the county in which such caterer prepares food for consumption on the premises. (c) A caterer, as defined in Section , shall be qualified to apply for a license under this Article, provided that the caterer maintains a food service facility or restaurant for preparation of food for consumption off premises and earns annual gross revenues from such sales of at least $15, An applicant under this subsection shall submit with the application a description of such facility or restaurant and a profit and loss statement. Amend Sections and by striking same in their entirety and inserting in lieu thereof as follows: Sec Sale authorized. Authority is hereby given for the retail sale of wine for consumption on the premises, or at Special Events or License Catered Events as described in Article VIII of this Chapter, within the unincorporated areas of the county subject to the provisions and conditions of this article. Sec Place of business. (a) Except as set forth in subsection (c) of this Section 4-122, only those places of business described in section shall be eligible for retail sales of wine for consumption on the premises. (b) All places of business licensed for the sale of wine for consumption on the premises shall maintain restrooms complying with the building code and other regulations of the county, provided that this requirement shall not apply to caterers who do not maintain a restaurant or food preparation facility within the county in which such caterer prepares food for consumption on the premises. (c) A caterer, as defined in Section , shall be qualified to apply for a license under this Article, provided that the caterer maintains a food service facility or restaurant for

7 preparation of food for consumption off premises and earns annual gross revenues from such sales of at least $15, An applicant under this subsection shall submit with the application a description of such facility or restaurant and a profit and loss statement. Add Article VIII as follows: Article VIII. Special Events and Catered Events. Sec Permitted location for special events at which alcoholic beverages are served. (a) No alcoholic beverages shall be sold, dispensed, distributed, poured or served at any location, premises, or building in the county except as set out in this article unless otherwise provided for under this chapter. (b) The owner or lessee of a location at which alcoholic beverages are to be furnished and served at a private function or special event by a person at a location not otherwise required to be licensed pursuant to this chapter shall first obtain a qualifying location permit designating such location as a "permitted location." Such qualifying location permit shall be permanent, subject to revocation by the board of commissioners upon showing that there has been a change of condition such that the permitted location no longer meets the requirement of subsection (c) of this section. Any applicant seeking to organize a private function or special event to be held at a permitted location must apply for and obtain a "Special Event Permit". The cost of qualifying location permits shall be as set forth by the board of commissioners. Any party seeking revocation of a qualifying location permit shall file an application with the Compliance Office which applicant shall submit with such application the fee set forth by the board of commissioners and information to show change of condition justifying such revocation. (c) To qualify as a "permitted location, the location, premises or building shall not be located nearer to certain sites described in section and therefore be considered to be a "prohibited location, shall not fail to meet all requirements of building code, fire code, zoning ordinance, and all other state and local regulations for an on--premises pouring outlet, and shall possess a permit as a 'permitted location pursuant to this chapter. The applicant for a qualifying location permit shall submit a plat of survey prepared by a state registered land surveyor showing the distances set forth in this chapter with the application for the qualifying location permit. (d) It shall be unlawful for any person to furnish and serve alcoholic beverages at a private function or special event at a permitted location unless food is also served at the private function or special event. (e) Alcoholic beverages furnished and served at a private function or special event may be consumed only on the premises and may not be removed from the premises in an open container. ( ) It shall be unlawful for any alcoholic beverages to be sold at a private function or special event, i.e., no 'cash bar" sales will be permitted, unless the permitted location also holds an on premises consumption license for sale of alcoholic beverages.

8 (g) The "permitted location licensee shall be responsible for any violation of this chapter which occurs at the "permitted location whether by the licensee's employees or agents, a caterer or their employees or agents, or a lessee or invitee of the licensee, their lessee or invitees or any of their employees or agents. (h) The person holding the private function or special event, and not otherwise required to be licensed pursuant to this chapter must purchase and furnish the alcoholic beverages. Sec. 4~ ~ Special events; Special Event Permits. (a) Except as provided in Section 4~143, wine and/or beer and malt beverages shall only be served at a private function or Special Event only if the person organizing said Special Event has applied for and received a Special Event Permit. Special Event Permits will be issued only to organizations recognized by the Internal Revenue Service as tax exempt. (b) In order to serve wine, and/or beer and malt beverages at a private function or special event, at a permitted location, the person organizing the private function or special event shall be required to: l. Apply to the Compliance Office for a "Special Event Permit." The application shall include the name and business address of any caterer providing food service for the private function or special event, the date or dates, up to a maximum of three days, time and location of the event, which location must be a permitted location as set forth in this chapter or otherwise exempt as set forth under this chapter; and 2. Pay the cost of such permit as set forth by the board of commissioners. If the application meets all of the requirements of this chapter, the Compliance Office shall issue the Special Event Permit. If the Compliance Office finds that the application does not meet the requirements of this chapter and denies the Special Event Permit, the applicant may appeal in writing to the board of commissioners within five days of the date of the denial. 3. The "Special Event Permit" shall be maintained at the site of the private function or special event during the hours alcoholic beverages are served. 4. The person holding the private function or special event, and not otherwise required to be licensed pursuant to this chapter, must purchase the alcoholic beverages. 5. The "Special Event Permit" licensee shall be responsible for any violation of this chapter which occurs at the event whether by the licensee's employees or agents, invitee of the licensee or invitee of the invitee of the licensee. Sec. 4~ Licensed alcoholic caterers and authorized catered function. (a) Sale authorized. Authority is hereby given for the sale of malt beverages or wine by the drink off premises in connection with an authorized catered function, subject to the provisions and conditions of this section.

9 (b) Any caterer who additionally holds a valid license to sell malt beverages or wine by the package or by the drink for consumption on the premises may apply to the Compliance Office for a licensed alcoholic beverage caterer permit to distribute malt beverages or wine by the drink off--premises within the county at authorized catered functions held at a permitted location as defined in Section If the application meets all the requirements of this section, the Compliance Office shall issue a license alcoholic beverage caterer permit for the authorized catered function. (c) A caterer holding the license or licenses described above shall apply to the Compliance Office for an event permit on forms prescribed for that purpose. The application shall include the name of the licensee and, if applicable, the name of the food caterer who will be serving the event, together with a copy of the current licensees and occupation tax certificate( s ); the date, time and duration of the event: and the name, address and telephone number of the event host or sponsor, and, if different, the address of the location where the event will be held. The application shall be signed by the licensed alcoholic beverage caterer and the event host or sponsor. If the event host or sponsor is not the owner of the venue at which the event will be held, then the owner of the venue, or the owner's authorized agent, shall also sign the application consenting to the distribution of alcoholic beverages at that location. Each event permit shall require payment of a fee of set by the board of commissioners per day; provided, however, if the licensed alcohol beverage caterer does not maintain a place of business within the unincorporated county, in addition to the above fee, there is hereby levied an excise tax upon the total quantity of alcoholic beverages brought into the unincorporated county for such event. At all times during which an authorized catered function is taking place, the original alcohol beverage caterer's license and the event permit shall be conspicuously posted and made available for inspection upon request by the Compliance Office, tax, or licensing officer; in addition, at all times while alcoholic beverages are being transported within the county, the licensee shall maintain a copy of the alcohol beverage caterer's license and event permit in the vehicle(s) used for transporting the alcoholic beverages. No event permit shall be issued for more than three consecutive days and a full permit fee shall be assessed for each day of the event. (d) Licensed alcohol beverage caterers shall be subject to the regulations set forth in O.C.G.A Any licensed alcohol beverage caterer distributing or selling alcoholic beverages off--premises within the county, except in connection with an authorized catered function within the scope of the event permit shall be in violation of this article; if convicted, upon citation to the magistrate court, violators shall be punished in the manner provided in this Code. Section Exceptions. The requirements of this chapter shall not apply to a private function held at a private residence at which alcoholic beverages are purchased and served by a person not otherwise required to be licensed pursuant to this chapter to invited guests of such person, provided that the person holding the event purchases the alcoholic beverages and receives no payment of any kind from invited guests, and the event is not open or accessible to the general public.

10 Sees Reserved So O~qained, this loth day of July, Terry R. Clark Chairman Colquitt County, Georgia "- /1,. { / l / / r i! \Jj t}, 1 I..l..._i,,., I,7 i it l...-/;...\.-.~ \ --.;...-;~.!' r /;.. :. _.-, r 1 1 r fi 1.!/. :.t.,. '-."\ r J )., l. ""I,,. /, I ;;;::::...:_... "' -1 t...v-~-.;,' i'.. 'J./...v,;;_.., L.-.. ',. Melissa Lawson. \,..._.. t County Clerk Colquitt County, Georgia,...