Brookhaven Council updates alcohol ordinance

Brookhaven, GA, Aug. 30, 2018 – The Brookhaven City Council made several alterations to the alcohol ordinance at its regular business meeting on August 28.  These changes will improve the clarity and enforceability of the ordinance and ensure all entertainment venues are treated equally under the law.

The changes include:

    ·         Removing the classifications of Dinner Venue and Entertainment Venue and adding a classification of Late-night Establishment.

    ·         Amending the ordinance to suspend the prohibition on alcohol licenses to Sexually Oriented Business until after Dec. 31, 2020.  The current version would automatically enforce the prohibition beginning Jan. 1, 2021, which codifies the existing agreement currently in place with Brookhaven’s only late-night establishment that meets this description.

    ·         Replacing the Alcohol Board with an Alcohol Beverage Hearing Officer appointed by the Mayor and confirmed by the City Council.  The ordinance also clarifies the criteria on which the hearing officer is to make findings of fact and conclusions of law related to an administrative appeal, and specifies notice requirements for public hearings, which would not change with the new appeal process.

    ·         Amending the ordinance to permit the Finance Department to require a CPA certify an excise tax return at the Department’s discretion.

    ·         Amending the ordinance to authorize the Finance Department to establish and publish rules for the enforcement of the Alcohol Code, and to authorize and permit the Finance Department to demand documents with 2 business days’ notice to licensees.

“In 2017, the City Council made several innovative changes in its alcohol ordinance to come into alignment with the operating hours in neighboring jurisdictions, reduce the drainage of limited public safety resources responding to establishments with alcohol licenses, and improve the safety of patrons of these establishments,” said City Manager Christian Sigman.  “These amendments to the current ordinance streamline what is already on the books and ensures all businesses are treated fairly.”

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