Mayor & Commission Meetings

Due to the COVID-19 pandemic, the July 30 Mayor and Commission session was remote. The meeting could be viewed live at www.accgov.com/videos, on YouTube at www.youtube.com/accgov, on Facebook at www.facebook.com/accgov, and on ACTV Cable Channel 180 or the live ACTV stream at www.accgov.com/actvlive Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Thursday, July 30, 2020 6:00 p.m. City Hall/WebEx The Unified Government of Athens-Clarke County, Georgia met this date in a special called session. Present: Mayor Girtz; Commissioners Davenport, Parker, Link, Wright, Denson, Edwards, Herod, Thornton, and Hamby. No one was absent. The purpose of the meeting was to consider updating the local state of emergency order; modifying the alcohol ordinance to limit pouring to 10:00 p.m. or earlier; and any other item in proper order. New business – Consider under suspension of Rules A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to suspend Rules of Commission for consideration of two items of new busines s. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Hamby, to adopt the following ordinance (#20-07-46) which was presented by title only. The motion passed by roll call vote with Commissioners Parker, Link, Edwards, Herod, Thornton, and Hamby voting YES; and Commissioners Davenport, Wright, and Denson voting NO. (6 YES; 3 NO) AN ORDINANCE FOR THE SIXTH DECLARATION OF A LOCAL STATE OF EMERGENCY RELATED TO COVID-19; AND FOR OTHER PURPOSES. WHEREAS, Athens-Clarke County, Georgia has experienced an event of critical significance as a result of the Coronavirus (COVID-19) disease (“COVID-19”); and WHEREAS, the Centers for Disease Control and Prevention, (the “CDC”) indicates that COVID- 19 is a new and contagious respiratory disease caused by a novel (new) coronavirus that was first detected in China and which has now been detected in more than 100 locations around the world, including in the United States; and WHEREAS, COVID-19 is officially a global pandemic according to the WHO; and WHEREAS, COVID-19 can spread from person to person, and can result in no symptoms, minor symptoms, or serious illness causing permanent organ damage and death; and WHEREAS, individuals age 65 or over or living with certain medical conditions identified by the CDC (members of Vulnerable Populations) and members of other populations identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm to health or death from COVID- 19; and WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to some children; and WHEREAS, there is no vaccine or approved treatment for COVID-19; and WHEREAS, the CDC has noted that COVID-19 spreads very easily and sustainably when an infected person (who may not exhibit symptoms at all, or only minor symptoms) talks, sneezes, or coughs in close proximity with others (within six feet); and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency for the United States of America in response to COVID-19; and  WHEREAS, on March 14, 2020 Governor Brian Kemp declared a Public Health State of Emergency in Georgia and renewed his declaration on April 8, 2020, April 30, 2020, May 28, 2020, and again on June 29, 2020 so that it will remain in effect at least through August 11, 2020; and WHEREAS, on March 16, 2020, the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia adopted an Ordinance for the Declaration of Local State of Emergency related to COVID-19; WHEREAS, on March 19, 2020, pursuant to their authority under the Athens -Clarke County Emergency Management Ordinance, the Athens-Clarke County Mayor and Commission adopted a Second Declaration of Local Emergency activating certain emergency powers in order to allow Athens- Clarke County to quickly respond to the COVID-19 pandemic and renewed that declaration on April 21, 2020, June 2, 2020 and again on July 7, 2020; and WHEREAS, the Governor, through Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, 07.15.20.01 has recognized the need to take extra precautions to protect certain vulnerable populations who meet the criteria for higher risk of severe illness as defined by the CDC and identified in Section III of the Governor’s Executive Order 07.15.20.01 (“Vulnerable Populations”); and WHEREAS, Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, and 07.15.20.01 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through July 15, 2020; and WHEREAS, the Mayor and Commission desire to protect individuals in said Vulnerable Populations and Other Populations at Risk in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are participating in essential services and working; and WHEREAS, the CDC1, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health), and Governor Kemp through Executive Order 05.12.20.02, and subsequent Executive Orders, have recommended that individuals wear facial coverings over the nose and mouth to mitigate the spread of COVID-19 when they are in public places where they cannot practice social distancing (i.e., stay at least six feet away from other individuals who do not share the same household); and WHEREAS, the CDC states that wearing a facial covering over the nose and mouth is a recommended precaution designed to prevent symptomatic and asymptomatic individuals who have contracted COVID-19 from spreading it to other individuals; and WHEREAS, Dr. Toomey and Governor Kemp have modeled the behavior of wearing facial coverings as examples for Georgians to follow; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update at on Tuesday, July 28th, 2020, Georgia now has 175,052 confirmed cases of COVID-19, including 1507 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 3,563 individuals in Georgia have died and 17,544 have been hospitalized after contracting COVID-19; and WHEREAS, as indicated above, the state of Georgia remains under a state of emergency as a result of the COVID-19 pandemic; and WHEREAS, Governor Brian Kemp has relaxed and/or removed many restrictions on businesses resulting in citizens and visitors interacting in public and commercial establishments ; and WHEREAS, the guidelines promulgated by the White House on re-opening America specifically call for a 14-day downward trajectory among other gating criteria, which guidelines are specifically 1 CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community -based transmission. “In light of new data about how COVID-19 spreads, along with evidence of widespread COVID-19 illness in communities across the country, CDC recommends that people wear a cloth face covering to cover their nose and mouth in the community setting. This is to protect people around you if you are infected but do not have sy mptoms.” A cloth face covering should be worn whenever people are in a community setting, especially in situations where you may be near people. These settings include grocery stores and pharmacies. These face coverings are not a substitute for social dis tancing. Cloth face coverings are especially important to wear in public in areas of widespread COVID-19 illness. Yes. Wearing cloth face coverings is an additional public health measure people should take to reduce the spread of COVID-19. CDC still recommends that you stay at least 6 feet away from other people (social distancing), frequent hand cleaning and other everyday preventive actions. A cloth face covering is not intended to protect the wearer, but it may prevent the spread of virus from the wearer to others. This would be especially important if someone is infected but does not have symptoms. incorporated by reference; and WHEREAS, the incidence of infection and death in the territorial limits of the Unified Government of Athens-Clarke County, hereinafter referred to as “Athens-Clarke County,” continues to increase, signifying the continued spread of the highly contagious and deadly disease; and WHEREAS, this continued increase is a threat to the health, safety, and welfare of the Athens- Clarke County community, especially individuals in Vulnerable Populations and Other Populations at Risk; and WHEREAS, the number of cases is growing rapidly ; and if COVID-19 continues to spread in Athens-Clarke County and the surrounding communities, the number of persons relying on medical, pharmaceutical, and general cleaning supplies will increase, the private and public sector work force will be negatively impacted by absenteeism, and the demand for medical facilities may exceed locally available resources; and WHEREAS, the CDC indicates that there is evidence of widespread community transmission in Georgia; and WHEREAS, the CDC and public health officials expect that additional cases of COVID-19 will be identified in the coming days; and WHEREAS, the CDC advises that the use of masks or cloth facial coverings will slow the spread of COVID-19, and the CDC recommendations on PPE usage are hereby incorporated by reference; and WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains the health and the safety of the residents of Athens-Clarke County, and limits the spread of infection in our communities and within the healthcare delivery system; and WHEREAS, it is vitally important that we all work together to decrease the widespread proliferation of COVID-19 among us all now rather than suffer the unfortunate and devastating medical and economic consequences later; and WHEREAS, pursuant to the authority of O.C.G.A. § 38-3-28(a), local governments are specifically empowered to enact rules and regulations as may be necessary for emergency management purposes; and WHEREAS, O.C.G.A. § 38-3-28(a) also grants political subdivisions the power to supplement the Governor’s Executive Orders; and WHEREAS, this order is intended to be entered with due regard to t he uniform principle that masks or facial coverings will slow the spread of COVID-19 as contemplated by O.C.G.A. § 38-3-28(c); and WHEREAS, this emergency order is authorized by O.C.G.A. §§ 38-3-4 and 38-3-28 and the local control provisions of Governor Kemp’s Executive Order of July 15, 2020, and it is specifically intended to supplement such declaration, as amended, and should not be construed to be inconsistent therewith; and WHEREAS, notwithstanding the foregoing, the Supreme Court of Georgia has noted that the Unified Government of Athens-Clarke County, Georgia, is neither a county nor a municipal government, but rather a “new political entity” formed in accordance with “the constitutionally - sanctioned consolidation of municipal and county governmental and corporate powers and functions”; 2 and WHEREAS, pursuant to O.C.G.A. § 38-3-51, the Governor’s declared public health emergency authorizes the Mayor and Commission to use emergencies powers in O.C.G.A. §§ 38-3-1 through 38-3- 64; and WHEREAS, pursuant to O.C.G.A. § 38-3-6, during an emergency, O.C.G.A. §§ 38-3-1 through 38-3-64 are supposed to be liberally construed to effectuate their purposes; and WHEREAS, pursuant to Section 1-104 (d) of the Charter of the Unified Government of Athens- Clarke County, Georgia, the Mayor and Commission have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, sec urity and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions; and WHEREAS, pursuant to Sub-Sections (36) and (39) of Section 8-114 of the Charter of the Unified Government of Athens-Clarke County, Georgia, the Mayor and Commission have the following additional powers: (17) Health: To prescribe and enforce heath and sanitation standards; and (36) Emergencies: To provide for the determination, proclamation and combatting of emergencies; and 2 Athens-Clarke County v. Walton Electric Membership Corporation , 265 Ga. 229, 230 (1995).  (39) General health, safety, and welfare: To define, regulate and prohibit any act, practice, conduct or use which is detrimental to the health, sanitation, cleanliness, welfare, and sa fety of the inhabitants of the unified government; and WHEREAS, the United States Supreme Court has previously held that “[u]pon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members”; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have determined that it is necessary to continue its Declaration of a Local State of Emergency; and WHEREAS, the following actions related to requiring facial coverings in public are necessary and appropriate to balance the public’s interest in being free from undue restrictions with the compelling public interest of providing for the health, safety and welfare of the residents of Athens -Clarke County and the surrounding communities, particularly those individuals who are members of Vulnerable Populations and Other Populations at Risk; and WHEREAS, in the judgment of the Mayor and Commission of the Unified Government of Athens - Clarke County, Georgia, with advice from other subject matter experts, there exist emergency conditions as a result of COVID-19 within the geographical boundaries of the Unified Government as described in Section 1-102 of the Charter requiring extraordinary and immediate corrective actions for the protection of the health, safety, and welfare of the citizens of Athens -Clarke County and the surrounding communities; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia hereby ordains and declares that a local state of emergency continues to exist within the territorial limits of the Unified Government of Athens-Clarke, County, Georgia, and shall continue until the conditions requiring this declaration are abated. NOW, THEREFORE, because of the local state emergency ordained and declared above, the Commission of Athens-Clarke County, Georgia hereby ordains and orders the following: SECTION 1. The Athens-Clarke County Office of Emergency Management shall continue with its activation of the Emergency Operations Plan and that the following sections of the Code of Athens-Clarke County, Georgia, shall continue to be implemented: (a) Section 3-4-5 Additional Emergency Powers (b) Section 3-4-9. Authority to Waive Procedures and Fee Structures SECTION 2. Any provisions of the Alcoholic Beverages Ordinance, Chapter 6-3 of the Code of Athens-Clarke County, Georgia, prohibiting an establishment licensed to sell beer or wine on premises from selling unopened bottles, cans, or growlers of beer and wine for take-out consumption off premises shall be temporarily suspended for the duration of this local declaration. It is the intent of this order that any establishment licensed to sell beer and/or wine shall be authorized to sell unopened bottles or cans and sealed growlers of such beverages for take-out consumption off premises through the duration of the declared Local Emergency, including any extension thereof. All other provisions of the Alcoholic Beverages Ordinance not in conflict with this order shall remain in full force and effect. SECTION 3. Any provisions of the Alcoholic Beverages Ordinance which requires that each applicant for a new alcohol license submit to the Finance Department classifiable sets of fingerprints be temporarily suspended for the duration of the COVID-19 Local Emergency where said required sets of fingerprints are already on file with the Finance Department. It is the intent of this order that applicants who already possess a current alcoholic beverage license and whose sets of fingerprints are already on file with the Finance Department shall not have to provide new classifiable sets of fingerprints for the duration of the Local Emergency. All other provisions of the Alcoholic Beverages Ordinance not in conflict with this order shall remain in full force and effect. SECTION 4. Any provisions of the Alcoholic Beverages Ordinance which prohibit any person from having in his or her possession any alcoholic beverages in any open container be temporarily suspended as it applies to patrons or employees of any restaurant possessing a Class D (retail liquor by the drink), D1 (retail liquor by the drink, love volume restaurant), E (retail beer by drink), or F (retail wine by the drink) license who are transporting, serving, or consuming alcoholic beverages in an outdoor seating area within 100 feet of the outer wall of licensed premises or who are transporting alcoholic beverages across public streets, sidewalks or rights-of-way for the purpose of serving or consuming said beverages as described herein. SECTION 5. The April 1, 2020 deadline for payment of Occupation Tax and regulatory fees continue to be extended to and including October 2, 2020. Any provisions of Athens-Clarke County’s Occupation Tax in conflict in with the extension granted herein are hereby temporarily suspended. All other provisions of the Occupation Tax Ordinance, Chapter 6-1 of the Code of Athens-Clarke County, Georgia, remain in full force and effect. SECTION 6. For the protection of members of the public, including members of Vulnerable Populations and members of other Populations at Risk, facial coverings or masks shall be required in public places within Athens-Clarke County to slow the spread of the novel coronavirus disease known as COVID- 19 as follows: (a) Definitions: Facial covering or mask : A device to cover the nose and mouth of a person to impede the spread of saliva or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned from scarves, bandanas, or other suitable fabrics. The mask must cover the mouth and nose of the wearer. Public place: Any place other than an individual’s home, including the curtilage thereof, or a personal vehicle. (b) All persons within the jurisdiction of Athens-Clarke County shall wear a facial covering or mask over the nose and mouth when inside a commercial entity or other building or space open to the public, or when in an outdoor public space, whenever it is not feasible to maintain appropriate social distancing from another person not in the same household. (c) All restaurants, retail stores, salons, grocery stores, and pharmacies in Athens-Clarke County must require their employees to wear a facial covering or mask at all times while having face- to-face interaction with the public. (d) Any person who is unable to safely wear a facial covering or mask due to age, an underlying health condition, or is unable to remove the facial covering or mask without the assistance of others is exempt from this Ordinanc e. (e) Facial coverings or masks are not required in the following circumstances: 1. In personal vehicles; 2. When a person is alone in enclosed spaces or only with other household members; 3. During outdoor physical activity, provided the active person maintains a minimum of six (6) feet from other people with whom they do not cohabitate at all times; 4. While seated drinking or eating; 5. While smoking; 6. When wearing a facial covering or mask causes or aggravates a health condition; 7. When wearing a facial covering or mask would prevent the receipt of personal services; and 8. When a person is ten (10) years of age or younger. (f) Violations of Sub-Sections (b) and (c) of this Section 6 may be enforced by a notice of ordinance violation issued by any police officer, code enforcement officer, or other authorized law enforcement official as provided below: 1. A person who fails to comply with Sub-Section (b) of Section 6 of this Ordinance shall not be punishable by imprisonment but shall be punishable  by a civil fine of not more than $25.00 on the first offence, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses. 2. A person who fails to comply with Sub-Section (c) of Section 6 of this Ordinance shall not be punishable by imprisonment but shall be punishable by a civil fine of not more than $25.00 on the first offense, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses. For the purposes of Sub-Section (c) of Section 6 of this Ordinance, “person” shall be defined as an individual associated with the business who has the control or authority and ability to enforce the social distancing requirements of this Ordinance within the business such as an owner manager or supervisor. “Person” may also include an employee or other designee that is present at the business but does not have the title of manager, supervisor, etc. but has the authority and ability to ensure that the requirements of this Order are met while the business is open to the public. 3. A notice of violation may be served by delivery into the hands of the suspected violator. 4. Violators may respond to a notice of ordinance violation either by signing the notice and returning the notice along with payment of the fine indicated thereon to the Municipal Court of Athens-Clarke County by the date indicated on the notice or by appearing in the Municipal Court to plead no liability to the charged violation at the date and time provided on the notice. As a violation of this Ordinance shall be deemed civil in nature, the government shall bear the burden to prove, by a preponderance of the evidence, that a defendant violated this ordinance. No proceedings for contempt or arrest shall be initiated for failure to appear on the return date on the notice. 5. Violators who fail to respond—by payment of the civil fine, entry of a “no liability” plea, or other mechanism as may be deemed appropriate by the Judge of the Municipal Court of Athens-Clarke County—to a notice of ordinance violation as provided for in paragraph 4 above may thereafter be served personally with an ordinance violation citation or accusation, and criminally prosecuted pursuant to section 1-1-5 (a) of the Code of Athens-Clarke County, Georgia. 6. The foregoing notwithstanding every effort shall be made to bring an individual into voluntary compliance with the terms of this Ordinance prior to issuance of any Notice of Violation. (g) The provisions of Section 6 of this Ordinance shall not apply within the territorial limits of any municipality located within Athens-Clarke County or to any property, office, or facility of the Clarke County School District, the State of Georgia or its instrumentalities (including, without limitation, the Board of Regents of the University System of Georgia and any association or foundation affiliated therewith), or the United States of America or its instrumentalities. SECTION 7. This Ordinance shall become effective at 8:00 a.m. on the next day following the Mayor’s approval, and will continue to be in effect until 11:59 p.m. on Thursday, September 3, 2020, or until it is extended, rescinded, superseded, or amended by an ordinance of the Commission. Should any provision, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, paragraphs, sentences, or words of this Ordinance as hereby issued shall remain in full force and effect. All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such c onflic t , hereby repealed or set aside. SECTION 8. Copies of this Ordinance shall be: (1) promptly posted at Athens-Clarke County City Hall, 301 College Avenue, Athens, Georgia; (2) promptly posted on the www.accgov.com website; and (3) provided to any member of the public requesting a copy of this Order.  A motion was made by Commissioner Denson, seconded by Commissioner Link, to adopt the following ordinance (#20-07-47) which was presented by title only. The motion passed by roll call vote with Commissioners Parker, Link, Wright, Denson, Edwards, Herod, Thornton, and Hamby voting YES and Commissioner Davenport voting NO. (8 YES; 1 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO HOURS OF OPERATION FOR ALCOHOL LICENSEES; AND FOR OTHER PURPOSES. WHEREAS, Athens-Clarke County, Georgia has experienced an event of critical significance as a result of the Coronavirus (COVID-19) disease (“COVID-19”); and WHEREAS, the Centers for Disease Control and Prevention, (the “CDC”) indicates that COVID- 19 is a new and contagious respiratory disease caused by a novel (new) coronavirus that was first detected in China and which has now been detected in more than 100 locations around the world, including in the United States; and WHEREAS, COVID-19 is officially a global pandemic according to the World Health Organization (“WHO”); and WHEREAS, COVID-19 can spread from person to person, and can result in no symptoms, minor symptoms, or serious illness causing permanent organ damage and death; and WHEREAS, individuals age 65 or over or living with certain medical conditions identified by the CDC (members of Vulnerable Populations) and members of other populations identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm to health or death from COVID- 19; and WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to some children; and WHEREAS, there is no vaccine or approved treatment for COVID-19; and WHEREAS, the CDC has noted that COVID-19 spreads very easily and sustainably when an infected person (who may not exhibit symptoms at all, or only minor symptoms) talks, sneezes, or coughs in close proximity with others (within six feet); and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency for the United States of America in response to COVID-19; and WHEREAS, on March 14, 2020 Governor Brian Kemp declared a Public Health State of Emergency in Georgia and renewed his declaration on April 8, 2020, April 30, 2020, May 28, 2020, and again on June 29, 2020 so that it will remain in effect at least through August 11, 2020; and WHEREAS, on March 16, 2020, the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia adopted an Ordinance for the Declaration of Local State of Emergency related to COVID-19; WHEREAS, on March 19, 2020, pursuant to their authority under the Athens -Clarke County Emergency Management Ordinance, the Athens-Clarke County Mayor and Commission adopted a Second Declaration of Local Emergency activating certain emergency powers in order to allow Athens- Clarke County to quickly respond to the COVID-19 pandemic and renewed that declaration on April 21, 2020, and again on June 2, 2020; and WHEREAS, the Governor, through Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, and 07.15.20.01 has recognized the need to take extra precautions to protect certain vulnerable populations who meet the criteria for higher risk of severe illness as defined by the CDC and identified in Section III of the Governor’s Executive Order 07.15.20.01 (“Vulnerable Populations”); and WHEREAS, Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, and 07.15.20.01 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through July 31, 2020; and WHEREAS, the Mayor and Commission desire to protect individuals in said Vulnerable Populations and Other Populations at Risk in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are participating in essential services and working; and  WHEREAS, according to the Georgia Department of Public Health COVID-19 update at noon on Monday, July 27th, 2020, Georgia now has 170,843 confirmed cases of COVID-19, including 1475 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 3509 individuals in Georgia have died and 17,138 have been hospitalized after contracting COVID-19; and WHEREAS, as indicated above, the state of Georgia remains under a state of emergency as a result of the COVID-19 pandemic; and WHEREAS, Governor Brian Kemp has relaxed and/or removed many restrictions on businesses resulting in citizens and visitors interacting in public and commercial establishments; and WHEREAS, the guidelines promulgated by the White House on re-opening America specifically call for a 14-day downward trajectory among other gating criteria, which guidelines are specifically incorporated by reference; and WHEREAS, the incidence of infection and death in the territorial limits of the Unified Government of Athens-Clarke County, hereinafter referred to as “Athens-Clarke County,” continues to increase, signifying the continued spread of the highly contagious and deadly disease; and WHEREAS, this continued increase is a threat to the health, safety, and welfare of the Athens - Clarke County community, especially individuals in Vulnerable Populations and Other Populations at Risk; and WHEREAS, the number of cases is growing rapidly; and if COVID-19 continues to spread in Athens-Clarke County and the surrounding communities, the number of persons relying on medical, pharmaceutical, and general cleaning supplies will increas e, the private and public sector work force will be negatively impacted by absenteeism, and the demand for medical facilities may exceed locally available resources; and WHEREAS, the CDC indicates that there is evidence of widespread community transmission in Georgia; and WHEREAS, the CDC and public health officials expect that additional cases of COVID-19 will be identified in the coming days; and WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains the health and the safety of the residents of Athens-Clarke County, and limits the spread of infection in our communities and within the healthcare delivery system; and WHEREAS, it is vitally important that we all work together to decrease the widespread proliferation of COVID-19 among us all now rather than suffer the unfortunate and devastating medical and economic consequences later; and WHEREAS, The President’s Coronavirus Guidelines for America recommend, inter alia, that the American people “[a]void social gatherings in groups of more than 10 people”; and “[a]void eating or drinking at bars, restaurants, and food courts – use drive-thru, pickup or delivery options”; and WHEREAS, according to recent Georgia Department of Public Health data, younger Georgians continue to account for a substantial portion of positive cases of COVID-19, and as of July 27, 2020, approximately 24% of all positive cases come from the 18-29 age group, and approximately 17% come from the 30-39 age group, accounting for the first and second largest percentage of positive cases by age group, respectively; and WHEREAS, based on the latest data and developments, and after conferring with various state and federal public health agencies, officials, and experts regarding ongoing testing and tracing initi atives and the results thereof, the Mayor and Commission is informed that late-night congregate settings in restaurants, bars, and other establishments have been identified as sources of, or contributing factors to, substantial community spread and transmission of COVID-19; and WHEREAS, recently large crowds of people have been observed congregating during the late- night hours at bars throughout Athens-Clarke County; and WHEREAS, enforcement of the Governor’s Executive Order pertaining to occupancy limits and other requirements of bars has placed a difficult burden on the Athens -Clarke County Police Department, especially during late-night hours; and  WHEREAS, large numbers of students are expected to return to Athens -Clarke County beginning in August for the 2020-2021 academic year; and WHEREAS, in view of the foregoing, and in an effort to provide for and protect the health and welfare of the people of Athens-Clarke County, the Mayor and Commission have determined that it is necessary and appropriate to implement and impose various temporary, targeted, and narrowly -tailored emergency measures and restrictions designed to limit community spread and transmission of COVID-19 and to mitigate the resulting strain on healthcare resources, while also hopefully avoiding the need to resort to more restrictive means of addressing the same; and WHEREAS, O.C.G.A. § 3-4-110 specifically provides that “the governing authority of every county and municipality . . . shall further have the power to promulgate reasonable rules and regulations governing the conduct of any [alcohol] licensee…including, but not limited to the regulation of hours of business . . . .”; and WHEREAS, pursuant to the authority delegated to the Commission under Title 3 of the Official Code of Georgia Annotated and other applicable laws of the State of Georgia, the Commission hereby deems it appropriate to revise the hours during which licensees for the sale of alcoholic beverages —e.g., liquor, beer, and wine—by the drink may serve alcohol to customers; and WHEREAS, the Commission deems said revision of hours a necessary and appropriate measure to lessen the burden on healthcare resources; and WHEREAS, the Commission deems said revision of hours a necessary and appropriate measure to lessen the enforcement burden on law enforcement officials in Athens-Clarke County, as well as to protect the public safety, health, and welfare; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 6-3-5 entitled “General regulations pertaining to all licenses” of the Code of Athens-Clarke County, Georgia, subsection (i) entitled “Hours of operation” is deleted in its entirety and the following new subsection is inserted in lieu thereof: “Sec. 6-3-5. – General regulations pertaining to all licenses. (i) Hours of operation. The following hours of operation shall apply to the sale of alcoholic beverages licensed hereunder: (1) Class A, retail liquor package store—8:00 a.m. to 11:30 p.m., Monday through Saturday. Seasonal time changes shall be 2:00 a.m. current time; (2) Class B and C, retail package beer and/or wine—7:00 a.m. to 11:30 p.m., Monday through Saturday. Seasonal time changes shall be 2:00 a.m. current time; (3) Class D, retail liquor by the drink—Monday through Saturday beginning at 7:00 a.m. until 10:00 p.m. Seasonal time changes shall be 2:00 a.m. current time; (4) Class E and F, retail beer and/or wine by the drink - Monday through Saturday beginning at 7:00 a.m. until 10:00 p.m. Seasonal time changes shall be 2:00 a.m. current time; (5) Class K and L, brewer, manufacturer of malt beverages and brew pub operator – Monday through Saturday beginning at 7:00 a.m. until 10:00 p.m. (6) Class D, E, and F licenses for alcoholic beverages that also have a valid Sunday sales permit when New Year's Eve is on Sunday shall be authorized to sell, offer for sale, serve and/or permit the consumption of alcoholic beverages upon the licensed premises between the hours of 12:00 a.m. (midnight) and 2:30 a.m. on New Year's Day; (7) Public entertainment facilities - Hours of operation. It shall be unlawful to keep any public entertainment facility which permits the consumption of alcoholic beverages on its premises open for business or to permit the same to be used or patronized at any time except during the hours provided in subsections (i)(3) and (4) above; (8) Notwithstanding subparagraphs (3), (4) and (6) above, the sale of alcoholic beverages shall be lawful on Sundays from 11:00 a.m. until 10 p.m. in any licensed restaurant as defined in this Chapter and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. (9) Notwithstanding subparagraphs (1) and (2) above, the sale of alcoholic beverages shall be lawful on Sundays between the hours of 12:30 p.m. and 11:30 p.m. in any licensed retail package store that holds a Sunday sales permit for package store. (10) Notwithstanding subparagraphs (3), (4) and (6) above, the sale of alcoholic beverages by Class D, E, or F licensees shall be lawful from 12:30 p.m. until 12:00 midnight on one Sunday  during each calendar year that shall be designated by the Commission by resolution. On such designated Sunday, Class D, E, and F licenses for alcoholic beverages shall be authorized to sell, offer for sale, serve and/or permit the consumption of alcoholic beverages upon the licensed premises between the hours of 12:00 a.m. (midnight) and 2:30 a.m. on the following Monday.” SECTION 2. Section 6-3-5 entitled “General regulations pertaining to all licenses” of the Code of Athens-Clarke County, Georgia, subsection (j) entitled “Time limit for clearing patrons from premises:,” part (1), is deleted in its entirety and the following new part is inserted in lieu thereof: “Sec. 6-3-5. – General regulations pertaining to all licenses. (j) Time limit for clearing patrons from premises: (1) All licensed premises for the sale of retail beer and/or wine by the drink (Class E and F) or retail liquor by the drink (Class D), or brewer (Class K) or brew pub operator (Class L), excluding bona fide full-service restaurants as defined below, shall be closed to the public, and the premises shall be cleared of all persons except employees of the licensed premises engaged in their employment duties within 45 minutes after the time set by subsection (i) of this section for discontinuance of the sale of alcoholic beverages on the premises. Thereafter all licensees shall remove or cause to be removed all alcoholic beverages from the area of the premises utilized by customers, patrons, and invitees; all alcoholic beverages shall be stored in original containers or storage containers on a shelf or cabinet; no alcoholic beverages shall be furnished to, consumed by, or possessed by any person within the premises; and the premises shall remain closed for business until the beginning hours of operation (7:00 a.m.) provided in subsection (i) of this section. It shall be unlawful for any person to violate any provision of this paragraph.” SECTION 3. Section 6-3-5 entitled “General regulations pertaining to all licenses” of the Code of Athens-Clarke County, Georgia, subsection (j) entitled “Time limit for clearing patrons from premises:,” parts (3) and (4) are deleted in their entirety. SECTION 4. The Manager of Athens-Clarke County is hereby directed and authorized to reduce the 2021 alcohol license fees for those establishments affected by the reduction in hours of operation in the following amounts: 1) Class D (retail liquor by the drink) reduced to $1,500. 2) Class E (retail beer by the drink) reduced to $450. 3) Class F (retail wine by the drink) reduced to $450. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The meeting adjourned at 6:38 p.m. _________________________________ Clerk of Commission `