Resolution Temporarily Authorizing Restaurants To Sell Beer And Wine In Unopened Packages Or Sealed Growlers For Consumption Off Premises With Take-Out Orders

WHEREAS, the City of Kingsland, Georgia has experienced an event of critical significance as a result of the Coronavirus (COVID-19) disease ("COVID-19");

WHEREAS, on March 13, 2020, President Donald Trump declared a  national emergency for the United States of America in response to COVID-19;

WHEREAS, on March 14, 2020, Governor Brian Kemp declared a public health Emergency due to COVID-19;

WHEREAS, the CDC has issued guidance on the emerging and rapidly evolving situation of the COVID-19 pandemic, including how to protect oneself from illness;

WHEREAS, social distancing is recommended by the CDC to prevent the continued spreading of the illness in the community; and

WHEREAS, to prevent or minimize injury to people and damage to property resulting from this event;

NOW, THEREFORE, BE IT ORDAINED AND RESOLVED by the City of Kingsland and pursuant to the authority vested in it by local and state law: 

SECTION ONE

Any provisions of the Liquor, Malt Beverage and Wine Ordinance notwithstanding, any restaurant duly licensed by the City of Kingsland to sell alcoholic beverages for consumption on premises shall also be permitted to temporarily sell malt beverages and wine in the original, unbroken package and to sell growlers, having been properly sealed by the restaurant, for consumption off the premises. The following conditions shall apply to the sale of malt beverages and wine for consumption off the premises:

Malt beverages and wines may only be sold as an accessory to a food sale for take-out or pickup;

Malt beverages and wine must be removed from the premises in their original, unbroken condition or in a growler, having been properly sealed by the restaurant;

The malt beverages and wine must be picked up by the customer on the premises of the restaurant;

No individual or business providing delivery for hire may purchase, pickup, or deliver malt beverages or wine;

A restaurant may not knowingly transfer malt beverages or wine to an individual or business providing delivery for hire services;

The restaurant must confirm that the person picking up the malt beverages and wine is at least 21 years of age; and

The malt beverages and wine purchased by the customer shall not be consumed on the premises.

SECTION TWO

This Resolution and the authority hereunder shall expire and be repealed on April 6, 2020 at 11:59 p.m., unless extended or terminated earlier by the City Council of the City of Kingsland.

SECTION FOUR

This Emergency Ordinance Resolution shall become effective immediately upon adoption.

SECTION FIVE

Any restaurant that sells alcoholic beverages for off-site consumption pursuant to this Resolution shall be responsible for ensuring that it fully complies with all federal and state laws and regulations. The City of Kingsland does not intend and does not have legal authority to alter or waive any requirements or restrictions that may be imposed under federal or state  law. Further, no representations are made by the City of Kingsland regarding the legality of any alcohol sales under state or federal law.

Ordained this 25 day of March, 2020, by the Mayor and City Council of the City of Kingsland, Georgia.

FULL RESOLUTION (PDF)