City of Atlanta, Code of Ordinances
     

10

106

110

     
 
Chapter 10
 
 Sec. 10-8.  Drinking in public.  
 
 (a)     Generally. It shall be unlawful for any person to drink any vinous, malt or other alcoholic beverage while on any streets, sidewalks, alleyways, parking areas or other open areas operated and controlled by the city, or while in or on the grounds of any MARTA station or while in any park in the city that is bounded on the north by Baker Street to Edgewood Avenue to Memorial Drive, on the south by Georgia Avenue and on the west by Pryor Street, Garnett Street, Spring Street, Martin Luther King, Jr., Drive, Mangum Street and Thurmond Street, except for permitted festivals; provided, however, that the drinking of vinous, malt or any other alcoholic beverage shall be permitted in Piedmont Park in accordance with an ordinance as adopted by the city council on February 5, 1979, and approved by the mayor on February 12, 1979, relating to the sale of alcoholic beverages in Piedmont Park; further, nothing in this section shall be construed to prohibit the sale and consumption of vinous, malt or any other alcoholic beverage at any convention center or sports coliseum, as defined in section 10-1, or in any golf pro shop which is situated on any golf course owned or operated by the city.
 
 A licensee may prepare and serve alcoholic beverages to be consumed within an outdoor dining area as part of the operation of a sidewalk cafe. Open containers of alcoholic beverages shall only be transported into or out of outdoor dining areas by the licensees' working employees as part of their work duties.
 
 
 (b)     Permits for special events. Subsection (a) of this section notwithstanding, the police chief is authorized to issue permits for the drinking of vinous, malt or other alcoholic beverages in the city for special events, in the manner set forth below:
 
 
 (1)     Application. A person seeking issuance of a special events permit shall file an application with the police chief on forms provided by this officer; if the event is to be held in a park, such person must first obtain the approval of the commissioner of parks, recreation and cultural affairs for the use of the park, pursuant to the regulations of the department of parks, recreation and cultural affairs.
 
 (2)     Filing periods. An application for a special events permit shall be filed with the police chief not less than 14 days nor more than 60 days before the date on which it is proposed to conduct the special event.
 
 (3)     Contents of application. The application for a special event permit shall set forth the following information:
 
 a.     The name, address and telephone number of the person seeking to conduct the special event;
 
 b.     If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of this organization;
 
 c.     The name, address and telephone number of the person who will be the special event chairman of the event and who will be responsible for its conduct;
 
 d.     The date when the special event is to be conducted, and whether the special event will extend over a series of days;
 
 e.     The hours when the special event will start and terminate;
 
 f.     If the special event is to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file with the police chief a communication in writing from the person proposing to hold the special event, authorizing the applicant to apply for the permit on the applicant's behalf; and
 
 g.     Any additional information which the police chief shall find reasonably necessary to a fair determination as to whether a permit should be issued.
 
 
 (4)     Fee. No fee shall be required for the issuance of a special event permit.
 
 (5)     Standards for issuance. The police chief shall issue a permit as provided for in this section when, from a consideration of the application and from such other information as may otherwise be obtained, the police chief finds that:
 a.     The conduct of the special event will not substantially interrupt the safe and orderly conduct of other patrons of the public places in which it will be held.
 
 b.     The conduct of the special event will not require the diversion of so great a number of police officers of the city properly to police the areas contiguous thereto as to prevent normal police protection to the city.
 
 c.     The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
 
 d.     The applicants for permit have not violated the terms of any previous special event permit granted to them and have not caused undue traffic congestion and police problems under any previous special event permit.
 
 (6)     Notice of rejection of application. The police chief shall act upon the application for a special permit within seven days after the filing thereof. If the police chief disapproves the application, the police chief shall mail to the applicant, within seven days after the date upon which the application was filed, a statement of the reasons for the denial of the permit.
 

 (7)     Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a special events permit to the mayor. The appeal shall be filed within five days after notice of denial.
 

 (Code 1977, § 17-3018; Ord. No. 2001-88, § 2, 11-28-01)