30-day moratorium on special use permit for alcohol licenseFeatured News, Featured Stories, News May 28, 2021
BLUE RIDGE, Ga – Fannin County Commissioners opted for a 30-day moratorium on special use permits for alcohol licenses while they gather more information and the ordinance is rewritten.
When Fannin County added the alcohol permit ordinance to its official code, commissioners did not include a special use provision, but the application for a special use permit is available to the public.
The first special permit didn’t cause any issues with the county, and the sheriff’s office gave the go-ahead for the second event requesting a special use permit.
Post One Johnny Scearce asked, “Is there any liability that can fall back on the county?” County Attorney Lynn Doss stated the county wouldn’t be liable for these events.
Special event permits require hired security to be always on the scene. Doss added she believed the requirement for special events is one off-duty officer for every 200 to 300 people.
More venues are becoming available throughout the county and a special use permit might benefit their businesses. However, parameters need to be set in place to prevent everyone from applying for a special use beer and wine permit.
County Attorney Lynn Doss doesn’t know where the application came from, she didn’t create it, nor knows how it became available to the public.
“It’s not that it’s a bad idea. It might be a great idea. It’s just that literally in our ordinance there’s no provision for it. There’s no regulation of it. If the commission feels okay with just continuing on and letting individuals make applications until we can get the ordinance rewritten, which we’re in the process of doing, that’s fine. Another idea is just to say there is a moratorium there will be no special use permits issued until the ordinance is rewritten,” Doss explained.
Since beer and wine came into the county, two special use permits have been approved for use.
Liquor sales aren’t allowed within the county, but the city can sell liquor, beer, and wine. Liquor requires a vote, and when alcohol was placed on the ballot previously, it failed. The commissioners at the time found a way around the citizen’s opinion and brought just beer and wine into the county.
“I just think when it comes to alcohol you’ve got to have things in place that’s going to cover you. There is a lot of liability,” Scearce remarked. “Our responsibility here is to make sure we’re looking at the best interest of the people.”
Special use permits would only be for beer and wine.
Plus, if the county grants a license, the Georgia Department of Revenue still must approve a license for a business going forward.
“Willow Falls can get a permit that’s not a special event permit that would be good for a year,” Doss explained, “It has to renew every year.”
The first issuance of an alcohol license is $10,000 and the renewal is $150. It’s also tied to food sales. The markers serve as a buffer to keep people out of the market.
Chairman Jamie Hensley posed a hypothetical for a person who received their alcohol license, “I start going to different venues in the county…how is that fare that I’m able to do that when say Toccoa Restaurant had to pay $10,000 to be able to sell it…If I’m the person that gets to put on that one-time event at this location and now I can go to this location and do it again because I’ve got my license.”
Doss confirmed that a situation is something that needs to be addressed in the updated ordinance. She then cited a Supreme Court Case that stated an alcohol license is a privilege is not a right. The county can put in place different stipulations depending upon the business and use purposes.
Anyone who serves alcohol in Georgia must pass a background check, which is currently reported to the state.
A facility in Georgia can only hold 24 special use permits a year. Public parks are considered county property and will never be allowed as a location for alcohol events.
Some Fannin County restaurants would prefer that the new ordinance included Sunday beer and wine sales to compete with Blue Ridge establishments.
The updated ordinances in Fannin are in process but likely won’t be finalized till the end of the year. Ordinance updates require two public hearings before final approval as well.
In 30 days, the commissioners will decide to either extend or eliminate the moratorium. During this time, they will review all existing materials and decide on the best course forward.