§ 38-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

County means Fulton County, Georgia.

County manager means the County Manager of Fulton County or the county manager's designee with delegated authority.

Distinctly private shall not include any club, institution, or membership organization that has more than 200 members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, and meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business.

Furtherance of trade or business means:

(1)

Payment by or on behalf of a trade or business organization;

(2)

Payment made by an individual from an account which the individual uses primarily for trade or business purposes;

(3)

Payment made by an individual who is reimbursed for the payment by the individual's employer or by a trade or business organization, or other payment made in connection with an associate, holding meetings, or other business-related events; or

(4)

Payment made by an individual which is deducted from the individual's federal or state tax return as a business expense.

Person means one or more individuals, corporations, partnerships, associations, or unincorporated organizations.

Person aggrieved means any person who claims to have been refused, withheld from, or denied any of the accommodations, advantages, facilities, or privileges in a place of public accommodation, resort, or amusement.

Place of public accommodation, resort, or amusement means, except as hereinafter specified, all places included in such terms as inns, taverns, roadhouses, hotels, motels, restaurants, eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, bottle houses, any store, park or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectioneries, soda fountains and all stores where ice cream, ice, and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; retail stores and establishments dealing with goods or services of any kind, laundries and all other cleaning establishments, barber shops, beauty parlors; dispensaries, clinics, hospitals, bathhouses, swimming pools, theaters, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, trailer camps, resort camps, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors; garages, all public conveyances operated on land or water or in the air, as well as the stations and terminals thereof; travel or tour advisory services, agencies, or bureaus; public halls and public elevators of buildings and structures occupied by two or more tenants, or by the owners and one or more tenants; clubs, institutions, and membership organizations which are not distinctly private in their nature. For the purposes of this article, a place of public accommodation, resort or amusement shall not include any club, institution, or membership organization which is in its nature distinctly private.

Regularly receives payment means accepting as many payments during the course of a year as the number of weeks, any part of which a club, institution, or membership organization is available for use by members or nonmembers per year; said payment being for dues, fees, use of space, facilities, services, beverages, or meals.

(Ord. of 7-27-88, § 2)

Cross reference

Definitions generally, § 1-2.