Vacation rentals in downtown Blue Ridge

Downtown Blue Ridge, News

Blue Ridge, Ga. – The Blue Ridge Council held a special called meeting to discuss the creation of the Downtown Development Authority. During this meeting the discussion of nightly vacation rentals in the downtown area garnered much attention.

The city has proposed a “City of Blue Ridge Short Term Vacation Rental Ordinance”.

CJ Stam was present to address the council on behalf of the Blue Ridge Lodging Association. Concerning this ordinance Stam stated, “This is an important issue to us. We’re not opposed to this. We actually appreciate it. We don’t mind having rules set in place.”

The Blue Ridge Lodging Association represents approximately 10 rental companies with over 500 different types of rental properties in our area.
Stam said that concern falls in the application process that the city is requiring, stating that it “seems a little bit cumbersome”.

According to the proposed ordinance, an application for a short term vacation rental certificate shall be submitted along with a non-refundable application fee to the City of Blue Ridge.

Along with proof of homeowners insurance and having staff available 24 hours a day for contact, the applicant would have to submit a large amount of information pertaining to themselves as well as the guests.

APPLICATION MINIMUM REQUIREMENTS

1. The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information;
2. The address of the unit to be used as a short term vacation rental;
3. The name, address, telephone number and email address of the short term vacation rental agent, which shall constitute his or her 24-hour contact information and who shall:
a. Be reasonably available to handle any problems arising from use of the short term vacation rental unit;
b. Appear on the premises within 24 hours following notification from the City Clerk, Police Chief or the City Attorney, or his/her designee, of issues related to the use or occupancy of the premises.
c. Receive and accept service of any notice of violation related to the use or occupancy of the premises; and
d. Monitor the short term vacation rental unit for compliance with this ordinance.
4.The owner’s sworn acknowledgment that he or she has received a copy of this section, has reviewed it and understands its requirements;
5.The owner shall state the maximum occupancy for the residence, which shall be the same number as advertised and marketed to potential renters by or on behalf of the owner;
6. The owner’s agreement to use his or her best efforts to assure that use of the premises by short term vacation rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties;
7. A copy of an exemplar agreement between the owner and occupant(s) which obligate the occupant to abide by all of the requirements of the ordinance, and other City ordinances, state and federal law, and that such a violation of any of these rules may result in the immediate termination of the agreement and eviction from the premises, as well as potential liability for payment of fines levied;
8. Proof of the owner’s current ownership of the short term vacation rental unit; and
9. Proof of homeowner’s insurance.

B. Registration under this code section is not transferable and should ownership of a short term vacation rental change, a new application is required, including application fee. In the event of any other change in the information or facts provided in the application, the holder of the short term rental certificate shall amend the filed application without payment of any additional application fee.

Questions also arose about the proposed ordinance not outlining where these rental properties could be placed. Stam stated of the matter, “It sounds like this ordinance supersedes the zoning that is in place and allows anybody to rent in any zoning as long as they have gone through the application process.”

Council member Nathan Fitts agreed with Stam: “It’s been very vague where there can be rentals.”

According to the ordinance a short term rental is defined as: “an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. Short term vacation rental shall not include any residential dwelling unit not regularly offered for rental, which shall be defined as any residence offered for rental less than fourteen (14) days in any given calendar year. For the purposes of this definition, a residential dwelling shall include all housing types and shall exclude group living or other lodging uses.”

The ordinance goes further to state that “vacation rentals may be offered to the public for rental following issuance of a short term vacation rental certificate, receipt of an occupation tax certificate, and payment of any and all applicable State and City taxes” but does not address zoning.

Mayor Donna Whitener pointed out that currently short term rentals are only allowed in commercially zoned properties and are prohibited in residential zones, but acknowledged that there are rental properties in residential areas already.

“I’ve had a lot of people in the community who say they don’t want it in the residential areas,” council member Rhonda Haight said of possibility of allowing these rentals to continue.

After brief discussion Whitener suggested “cleaning up” the language of the ordinance to clearly define areas in which these short term rentals can be offered.

Further discussion is expected at the next Blue Ridge City Council meeting to be held on tonight, Dec. 11 at City Hall.

 

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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City of Blue Ridge creates Downtown Development Authority

Downtown Blue Ridge, News

Blue Ridge, Ga. – A Downtown Development Authority (DDA) could be in the near future for the City of Blue Ridge.

Opposition from some to creating this organization became overshadowed by the need for the city to obtain more funding, and certain funding and grants can only be obtained by a DDA.

Fannin County, Blue Ridge, Georgia, City Council, Mayor, Downtown Development Authority, DDA, Attorney, Resolution, Sunset Provision, Donna Whitener, Kenneth Gaddis, Rhonda Haight, Nathan Fitts, Robbie Cornelius, Harold Herenden, James Balli, Ann Arnold, Board members, Jay Hamilton, Gene Holcombe, Michelle Moran, Nichole Potzauf, Cesar Martinez, Jeff DePaola

Proposed boundaries of the downtown district in which the DDA will focus and serve.

Beyond gathering extra funds for the City of Blue Ridge, a DDA will also be a policy-making body and a major decision-making entity that plans and manages the downtown area.

Ann Arnold, who has 31 years of experience with DDAs and their development, was asked by the Mayor and Blue Ridge City Council to step-in in assisting with the creation and structuring of Blue Ridge’s DDA.

Arnold not only created a draft of the outlines for the new DDA, but also examined Blue Ridge for appropriate boundaries of a designated “downtown area” and interviewed potential applicants to fill the 7 member board.

In a special called Blue Ridge City Council meeting Arnold laid out her recommendations on all areas including who she felt would be ideal members of this inaugural board.

“I really was impressed with these people,” Arnold explained of the applicants that she interviewed, “You absolutely cannot go wrong with this board.”
Arnold stated that many of the applicants had already researched the role of a DDA and was familiar with the laws in which they would be working. Some applicants even went as far as to reach out to other DDAs in researching the role they would potentially be filling.

In the interview process Arnold asked each applicant the same questions. She took into account the applicants backgrounds and strong points in hopes of creating a diversified board. Her recommendations are as follows:

  • John (Jay) Hamilton to serve 6 years through Jan. 1, 2019 – Dec. 31, 2024.
  • Nichole Potzauf to serve 6 years through Jan. 1, 2019 – Dec. 31, 2024.
  • Gene Holcombe to serve 6 years through Jan. 1, 2019 – Dec. 31, 2024.
  • Michelle Moran to serve 4 years through Jan. 1, 2019 – Dec. 31, 2022.
  • Cesar Martinez to serve 4 years through Jan. 1, 2019 – Dec. 31, 2022.
  • Jeff DePaola to serve 2 Years through Jan. 1, 2019 – Dec. 31, 2020.

Originally it was discussed that Mayor Donna Whitener would serve as the seventh member. However, as Arnold saw that the Mayor position was already full-time she offered a different recommendation: “One of the board members, one of the seven will be a council member.”

“It would be nice to have different councilmembers, maybe every two years rotate and have some different insight,” Arnold explained her thoughts on this recommendation, “but also an opportunity for each of the council members to really understand the day to day work of the Downtown Development Authority.”

After Arnold gave her recommendations for board members she moved on to discuss the boundaries of the designated downtown area.

“The resolution does require that you (the city) designate the downtown development area that the downtown development would be serving,” Arnold said explaining the need to have clear boundaries.

The recommendations show the boundaries being roughly East First Street to the East, West Second Street to the West, McKinney Street to the South, and River Street to the North.

Questions arose from council members concerning areas already containing businesses that were not included, to which Arnold replied, “You really want to protect that residential. You have got some beautiful homes all around a number of these areas, and what you have by having that residential is you’ve got a built in audience. Those people are going to use goods and services. They can walk downtown.”

Blue Ridge City Attorney James Balli addressed the council about previously discussed concerns after listening to Arnold’s recommendations: “Once you activate them (DDA approval), they’re out there, whatever is in the resolution.”

Balli recommended that the council go through the DDA resolution more thoroughly and input provisions limiting control of the DDA and the permanence of the directors: “I would heavily recommend that you leave in the provisions about being able to remove directors for cause.”

A 7 year sunset provision was also recommended. This would essentially give the council the ability to dissolve the DDA after 7 years. Balli said of this precaution it “is as close as you are going to get to be able to kill it.”

Arnold questioned the sunset provision and said to the council that DDA and the City Council should be viewed as a team.

Further discussion and possible enactment of the DDA is expected to take place at the upcoming Blue Ridge City Council meeting to be held Tuesday, Dec. 11 at City Hall.

 

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Additional parking for downtown Blue Ridge

Downtown Blue Ridge, News

Blue Ridge, Ga. – At their regular monthly meeting held on Tuesday, Nov. 13 the Blue Ridge City Council voted to move forward with the possibility of adding more parking spaces in the downtown area.

Fannin County, Blue Ridge, Georgia, Blue Ridge City Council, Mayor, Council Member, Donna Whitener, Harold Herondon, Kenneth Gaddis, Nathan Fitz, Rhonda Haight, Robbie Cornelius, Reid Dyer, Hayes James and Associates Inc., Kevin Whipple, CSC Design Inc., Blue Ridge Hotel LLC., Parking, Parking Deck, City Hall

Phase one of the concept design for parking at Blue Ridge City Hall.

The idea of adding parking to the existing location of Blue Ridge City Hall, located on West First Street, is not a new one, but Kevin Whipple, a principal architect with CSC Design, Inc., introduced a fresh look at Blue Ridge’s long standing parking issue.

Whipple along with Reid Dyer, Vice President of Hayes, James and Associates, Inc., proposed a multi-phase concept that when completed would bring the total number of parking spaces on the property from 48 to 246 including 17 on street parking sites.

“You currently have 48 parking spaces on the property right now, phase one will increase that for an additional 60, so you will have 108 parking spaces on the property,” Whipple said as he presented city council with diagrams of the proposal.

Phase one of the project would require the removal of the green space currently on the Depot Street side of the property. This area would then be turned into numerous parking spots. The phase also including adding a few spots to the back corner of the property closest to the location of the Senior Center.

The initial proposal of this phase included the addition of public restrooms to one side of the City Hall building. After discussing with council, however, the options of restrooms in this area was put on hold.

Due to the Americans with Disabilities Act (ADA) ramps would be required to access these restrooms. With the lay of the land in the area having a significant slope, adhering to ADA standards would be difficult to achieve.

Fannin County, Blue Ridge, Georgia, Blue Ridge City Council, Mayor, Council Member, Donna Whitener, Harold Herondon, Kenneth Gaddis, Nathan Fitz, Rhonda Haight, Robbie Cornelius, Reid Dyer, Hayes James and Associates Inc., Kevin Whipple, CSC Design Inc., Blue Ridge Hotel LLC., Parking, Parking Deck, City Hall

Phase two of the Blue Ridge City parking concept showing lower level parking.

It was originally thought that a parking deck could eventually be built in this newly designed area. Dyer pointed out, however, that there were too many utilities located below ground (sewer, storm drainage, power) for this to be a viable option.

A parking deck was not ruled out as Whipple and Dyer presented phase two of the proposed parking concept.

“This phase would include us taking the road. The road between here and the senior center,” Whipple said presenting the second phase.
According to Whipple by taking the street, the City of Blue Ridge would be able to add numerous parking spaces on ground level and open up the option of adding a second story parking deck over this area.

Parking on ‘ground level’ would have a single entry point from West First Street and would allow access to all parking spaces around City Hall. Parking for the ‘second level’ would have a single entry and exit point located on West Second Street.

This single entry/exit point will have many benefits according to Whipple and Dyer. The lay of the land behind city hall, being a rising hill, is a natural elevation ideal for creating this second level. Whipple also pointed out that it could be used as a secure parking area for all visitors who are partaking in a trip on the Blue Ridge Scenic Railway, and suggested that riders of the train be given a parking pass and only those with passes would be able to access this second level.

Fannin County, Blue Ridge, Georgia, Blue Ridge City Council, Mayor, Council Member, Donna Whitener, Harold Herondon, Kenneth Gaddis, Nathan Fitz, Rhonda Haight, Robbie Cornelius, Reid Dyer, Hayes James and Associates Inc., Kevin Whipple, CSC Design Inc., Blue Ridge Hotel LLC., Parking, Parking Deck, City Hall

Phase two of the Blue Ridge City parking concept showing upper level parking.

“One of the biggest issues for parking decks is internal circulation,” Whipple stated of the unconventional approach to the parking deck and the separate entries for the two levels. “The ramps, you’ll lose a lot of parking”

After the phase two completion, a total of 246 (including 17 spaces available on Depot Street) parking spaces would be created for public use.
Members of the Blue Ridge City Council had many questions concerning the project including how storm water runoff would be handled, but with the design being in its concept stage more research would need to be done to come up with solutions and costs.

“This isn’t what I had envisioned, but I love it,” Council-member Rhonda Haight was the first to speak up about the proposal.

Haight complimented how the design incorporated the use of the natural slant of the land. Mayor Donna Whitener agreed with Haight and pointed out that its structure would be less intrusive at the City Hall property.

Haight motioned to grant permission for more research to be completed on the project, and Council-member Nathan Fitz made a second. The council voted unanimously to move forward.

In the meantime the City of Blue Ridge has extended the arrangement with Blue Ridge Hotel, LLC. to continue to use property on West Main Street for paid public parking. The extension will last through Dec. 2018.

 

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Natalie Kissel

Natalie@FetchYourNews.com

Fannin County Water Authority rate increase

Community, News

Blue Ridge, Ga. – Discussions on whether the Fannin County Water Authority (FCWA) would see a price hike has been a hot topic this year, and the Blue Ridge City Council solidified that this rate increase would take place at their Nov. 13 meeting.

Currently the FCWA purchases water for its customers from the City of Blue Ridge at a wholesale rate. This rate had been debated early this year as being under normal wholesale prices.

Rebecca Harkins, Utilities Director for the City of Blue Ridge and Alicia Stewart, the city’s Finance Director, presented to the Blue Ridge City Council a breakdown of why a wholesale rate increase is necessary.

Fannin County, Blue Ridge, Georgia, Blue Ridge City Council, Mayor, Council Member, Donna Whitener, Harold Herondon, Kenneth Gaddis, Nathan Fitz, Rhonda Haight, Robbie Cornelius, Utilities Director, Finance Director, Rebecca Harkins, Alicia Stewart, Fannin County Water Authority, Rural Assistance Community Project, Phillip Reid, Water Rate, Increase, Wholesale

Rebecca Harkins and Alicia Stewart address city council on their findings regarding the wholesale water rate.

“Earlier in the year Alicia and I have gotten to together and calculated a wholesale water rate,” Harkins said of the internal work done by the city. “We based it on our expenditures from the water system versus what our normal everyday customer paid.”

Harkins pointed out that the expenditures and data collected was based on the previous year of 2017.

Currently FCWA purchases water at a wholesale rate of $3.25 per 1,000 gallons. This rate is approximately 25.65 percent of what a consumer directly supplied by the city pays. The goal of the City of Blue Ridge is to bring the wholesale rate up to 50 percent in yearly increments.

The proposed rate increase would put wholesale prices at $4.25 per 1,000 gallons and bring the percentage closer to 33 percent.

Harkins and Stewart also had a third party rate study conducted by Phillip Reid, Georgia State Manager for the Rural Assistance Community Project. This third party review was conducted at no cost to the city.

According to Harkins, Reid looks at the percentage of water used versus the percentage of revenue and through his findings had also recommended the rate be set at $4.25 per 1,000 gallons with an increase to $5.00 per 1,000 gallons the following year.

“The only difference I came up with is that in the second year of rate increase it would look more like $5.25 if you factor in inflation,” Harkins stated of her findings.

Council member Rhonda Haight questioned the current total amount of debt the City of Blue Ridge faces in regards to its water system. Stewart replied approximately $14 million.

This debt according to Haight must be taken into consideration when negotiating rates. Haight further commented that she felt the city should not be locked into a set price with the FCWA and should be able to evaluate rates if more debt is obtained.

Mayor Donna Whitener suggested the city holding a workshop where Reid could go over all findings and explain to the public the cost of running a water system.

While contracts are still being worked through between the City of Blue Ridge and the Fannin County Water Authority, the city council did vote to raise the wholesale water rate to $4.25 per 1,000 gallons effective Dec. 2018.

 

Fetch Your News is a hyper local news outlet that attracts more than 300,000 page views and 3.5 million impressions per month in Dawson, Lumpkin, White, Fannin, Gilmer, Pickens, Union, Towns and Murray counties as well as Cherokee County in N.C. FYNTV attracts approximately 15,000 viewers per week and reaches between 15,000 to 60,000 per week on our Facebook page. For the most effective, least expensive local advertising, call 706-276-6397 or email us at advertise@FetchYourNews.com

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Natalie Kissel

Natalie@FetchYourNews.com

Budget: Fiscal Year 2017 Financial Statements Audit

Community, News

The city of Blue Ridge audit has been reviewed by Welch, Walker & Associates and they found no issues or changes needed to be made in the report. This information is summed up from December 31, 2017. The audit was finished in June of 2018 and has been approved with no changes.

The auditors are looking at items like capital projects, funding, big downtown projects, and new water rates. The auditors judge the financial reports based on a three-tier system: the highest level is 3) Material Weakness (most serious issues), 2) Significant Deficiencies and the lowest level is 1) Management Comments—these aren’t even shared in the report as they are minute.

Findings found in the Blue Ridge financial report that are tested. There were three Significant Deficiencies findings within the Blue Ridge audit.

2015-01: “Lack of segregation of duties” and this is a very common finding in a ‘small-town’ community.  This just means that there’s only one person working in a position where mistakes can be made and there’s no additional person to go back and check over reports, data entry, etc.

2015-02: “Lack of contract for revenue transactions” a few years ago it was spotted that the franchise tax agreement between the tri-state EMC and the city of Blue Ridge is outdated and it’s not been renewed officially on paper. There are a few things that need to be updated within the contract and it needs to be signed by Tri-State EMC. This has been addressed and is something the city of Blue Ridge has been working on.

2017-01: “Rates were not calculating properly in the software” this is a new finding but has already been addressed and fixed. For the new water bills in 2017, the rates were not calculating correctly in the software but was fixed in May of 2018 while they were going over the audit. Since the amount of money was ‘material’ it needed to go in the report. The ‘material’ amount was 32,110.00 from 2017 and 12,850.00 from January-May of 2018.

The 2017-01 error was the city’s software error and will not be charged to the citizens of Blue Ridge.

New Council Members Question Propane Prices

Downtown Blue Ridge, Featured

Appalachian Propane has been the previous supplier for gas for the city of Blue Ridge and its employees for the last several years. Last calendar year, the city of Blue Ridge put out a bid for gas—as per usual—and where they normally get at least three bids back, this time, they only received one bid from Appalachian Propane.

While discussing Appalachian Propane’s bid, new council members wondered aloud what the current rate was. Now, the city has the option to not reveal the single bid so that they may rebid, however, the city council and Mayor Donna Whitener decided to publicly state the amount of the single bid. Had the newer council members known this, they may not have asked to hear the current rate.

Even though propane prices are based on an open market, some council members were unsure about the current propane rates. This year’s propane price is $1.44 for City and $1.54 for employees.

Council member Nathan Fitz asked, “And what was last years rate?”

After some digging, Finance Director Alicia Stewart found the price which was reported as $1.04.

Council member Ken Gaddis asked, “Can we do that again [send out another bid]?”

Council member Rhonda Haight responded, “To be honest, it wouldn’t really be fair if you went back and asked for a lower rate now, but what you could do is hold off and renegotiate. Call the owner and see if he would renegotiate this. If not, just, it is what it is.”

Council member Ken Gaddis replied, “So can we table it and reach out to them and see if there’s any other rates we can do?”

Council member Haight responded, “We could actually make a motion probably to do it at this rate or a lower rate, but then, he wouldn’t change it would he? [after a comment within the council] Yeah, I’m recused.”

Council member Fitz made the motion, “Okay, I’m going make a motion that we table the propane gas 2018-19 quote until next month.”

Council member Gaddis second’ the motion and then they discussed whether or not there was an ‘official’ contract between Appalachian Propane and the city of Blue Ridge.

A city official responded that there may not be a contract because Blue Ridge usually goes with the bid that offers lowest rate.

Where will the Blue Ridge Council members go from here? Stay tuned for next month’s council meeting.

Budget: Fiscal Year 2017 Financial Statements Audit

Downtown Blue Ridge, News

The city of Blue Ridge audit has been reviewed by Welch, Walker & Associates and they found no issues or changes needed to be made in the report. This information is summed up from December 31, 2017. The audit was finished in June of 2018 and has been approved with no changes.

The auditors are looking at items like capital projects, funding, big downtown projects, and new water rates. The auditors judge the financial reports based on a three-tier system: the highest level is 3) Material Weakness (most serious issues), 2) Significant Deficiencies and the lowest level is 1) Management Comments—these aren’t even shared in the report as they are minute.

Findings found in the Blue Ridge financial report that are tested. There were three Significant Deficiencies findings within the Blue Ridge audit.

2015-01: “Lack of segregation of duties” and this is a very common finding in a ‘small-town’ community. This just means that there’s only one person working in a position where mistakes can be made and there’s no additional person to go back and check over reports, data entry, etc.

2015-02: “Lack of contract for revenue transactions” a few years ago it was spotted that the franchise tax agreement between the tri-state EMC and the city of Blue Ridge is outdated and it’s not been renewed officially on paper. There are a few things that need to be updated within the contract and it needs to be signed by Tri-State EMC. This has been addressed and is something the city of Blue Ridge has been working on.

2017-01: “Rates were not calculating properly in the software” this is a new finding but has already been addressed and fixed. For the new water bills in 2017, the rates were not calculating correctly in the software but was fixed in May of 2018 while they were going over the audit. Since the amount of money was ‘material’ it needed to go in the report. The ‘material’ amount was 32,110.00 from 2017 and 12,850.00 from January-May of 2018.

The 2017-01 error was the city’s software error and will not be charged to the citizens of Blue Ridge.

Changes to City of Blue Ridge alcohol ordinance

Community, News

Blue Ridge, Ga. – Alcohol sales could be allowed until midnight on Fridays and Saturdays in the City of Blue Ridge, and area establishments could begin to offer drink specials.

These are just a few of the changes seen to the Blue Ridge City Alcohol Ordinance, which had its first reading at the July 10 Blue Ridge City Council meeting.

After months of discussion and special committee findings and recommendations several changes have been introduced into the amended ordinance.
Beyond the later time for alcohol sales on Fridays and Saturdays, new holidays have been added to the list for late night transactions. Previously, New Years Eve was the only noted day for an exemption to the 11:30 p.m. rule, but if passed, patrons can also enjoy a later drink on Labor Day, Memorial Day, and July 4.

An updated conflict of interest section now allows for city officials to own establishments that participate in alcohol sales. These officials, however, will have to abstain from voting on any matter that directly affects their business holdings.

Also new to the amended ordinance will be the ability for establishments to offer “reasonable drink specials” with specific guidelines that must be adhered to in order to offer these specials.

The Blue Ridge City Council is expected to hold the second reading of the amended alcohol ordinance at their Aug. 14 regularly scheduled meeting.

Below is the amendments to the alcohol ordinance as read at the July 10 meeting:

 

AN ORDINANCE TO AMEND AND REPEAL CERTAIN PORTIONS OF THE CITY OF BLUE RIDGE, GEORGIA REGULATION OF ALCOHOL ORDINANCES RELATING TO CONFIRMATION OF RATIO COMPLIANCE; TO THE EXPIRATION DATE OF EMPLOYEE PERMITS; TO OWNERSHIP AND CONFLICT OF INTERESTS BY COUNCIL MEMBERS AND OTHER OFFICERS; TO CHANGE THE FEE CHARGED FOR SPECIAL TEMPORARY LICENSES; TO MAKE CERTAIN CHANGES TO HOURS OF OPERATION; TO UPDATE ARTICLE VII DEALING WITH BONA FIDE NON-PROFIT CIVIC ORGANIZATIONS SO AS TO ALLOW FOR IDENTICAL RESTRICTIONS ON SUNDAY SALES AND FOR OTHER PURPOSES

WHEREAS, the City Council of the City of Blue Ridge, Georgia, has previously adopted ordinance number 4.12.11 (as amended) as an alcoholic beverage ordinance for the purposes of regulating of the sale of alcoholic beverages including, but not limited to, related fees and taxes (collectively “Alcohol Ordinance”); and

WHEREAS, City Council of the City of Blue Ridge, Georgia, finds that the certain changes set forth herein will be not be detrimental to the public health, safety and welfare of the citizens of Blue Ridge, Georgia and will actually be the economic benefit of the City of Blue Ridge, Georgia, and its citizens,; and

WHEREAS, the City Council of the City of Blue Ridge, Georgia, desires to continue to regulate the sale of alcoholic beverages as provided in the Alcohol

Ordinance subject to the changes and/or additional regulations contained within this ordinance;

NOW, THEREFORE, BE IT ORDERED, AND IT IS HEREBY ORDAINED by the Council of the City of Blue Ridge, Georgia, as authorized by the City Charter and general law, as follows:

SECTION 1.
The Alcohol Ordinance is hereby amended by modifying, deleting and adopting the following provisions.

SECTION 110.45-3
This Section is hereby amended by inserting an additional sentence and the end of the Paragraph which reads “In addition to any other requirements set forth in this Ordinance, the City of Blue Ridge may annually require any license holder subject to a ratio requirement to produce a statement prepared by a certified public account setting forth proof of compliance with the ratio and that consumable items are at least fifty percent (50%) of a licensee’s business volume.”

SECTION 110.45-34(f)
Section 110.45-34(f) entitled “Employee permits” is hereby amended by deleting the previous subsection (6) in its entirety and the new Section 110.45-34(f)(6) shall read as follows:

“An employee permit shall be valid for one year from the date of issue. The employee permit may be renewed upon the submission of a renewal application, the payment of the appropriate renewal fee, and upon a determination that such individual remains qualified for said permit under this Ordinance. The fee for renewal of an employee permit shall be no less than $30.00.” 110.45-34(f)(6).

SECTION 110.45-14
Section 110.45-14 entitled “Sale, Distribution and other dealing in alcoholic beverages within the City by officials and employees: exemptions”, subsection (a) is hereby amended by deleting the previous subsection (a) in its entirety and the new Section 110.45-14(a) shall read as follows:
No member of the City Council who holds any interest, directly or indirectly, in any establishment licensed by the City to sell, distribute or otherwise deal in alcoholic beverages shall vote on any matter involving or relating to said establishment. For purposes of this subsection, a member shall be deemed to have or hold a beneficial interest if the license is issued in the name of the person’s spouse, child, parent or sibling, or in a partnership or corporation or limited liability company in which such persons owns more than ten percent (10%) controlling interest.

SECTION 110.45-23 (Fees)
The fee schedule is hereby amended to state the charge for a temporary special event license permit shall be $150 per permit.

SECTION 110.45-35 (Days and Hours of Operation)
Subsection (a) and (b) is amended to change any reference to “after 11:30 p.m.” on Fridays and Saturdays to “after 12:00 a.m.”

Subsection (a) is amended to remove the parenthetical (but which must end at 9:00 p.m.).

Subsection (b) is amended by changing the sentence “except on New Year’s Eve (December 31), and sales shall be allowed until 11:59” to read “except on Labor Day, Memorial Day, July 4 and New Years’ Eve and sales shall be allowed until 12:00 a.m. the following day.”

A new Subsection (c) is added which reads “any person or entity holding a temporary special event license shall be allowed to furnish, sell or offer for sale alcoholic beverages until 12:00 a.m. on the day following the event.”

SECTION 110.45-50(b)(2)(H)
Subsection (H)’s introductory paragraph shall be amended to read as follows: As to any retail consumption dealer, reasonable drink specials may be allowed, provided, however, that no licensee, in connection with the sale or service of alcoholic beverages for consumption on the premises shall:

Subsection (H)(4) shall be amended to read [No licensee shall] “sale, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than the less than the price regularly charged for such alcoholic beverage during the same calendar week, except reasonable drink specials which are clearly identified as to price and quantity and licensed catered functions pursuant to an issued City permit and not open to the public shall be allowed.”;

SECTION 110.45-52(c)
Subsection (c) is hereby updated and amended to make non-profit organizations subject to the same Sunday sales rules (Section 110.45-35) which apply to all other persons, entities and organizations by deleting the parenthetical “(which cannot include any Sunday of the year).”

SECTION 2:
REPEAL OF CONFLICTING ORDINANCES TO REMOVE CONFLICT

All parts of ordinances in conflict with the terms of this ordinance are hereby repealed to the extent of the conflict, but it is hereby provided that any ordinance or law which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, is hereby adopted as a part hereof and shall be legally construed to be in favor of upholding this Ordinance on behalf of the City of Blue Ridge, Georgia.

SECTION 3.
SEVERABILITY

If any paragraph, subparagraph, sentence, clause, phrase or any other portion of this Ordinance should be declared invalid or unconstitutional by any Court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular person, situation or set of circumstances is declared invalid or unconstitutional, such invalidity shall not be construed to affect the provisions of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so held to be invalid. It is hereby declared to be the legislative intent of the City Council of the City of Blue Ridge, Georgia to provide for separate and divisible parts and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.

SECTION 4.
EFFECTIVE DATE

The effective date of this Ordinance shall be immediately upon its passage by the City Council and execution by the Mayor or upon fifteen (15) days expiring from the date of its passage without a veto of said Ordinance by the Mayor as set forth in the City Charter at Section 3.23(b).

 

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