TITLE 7

Licensing and Regulation

Chapter 1      General provisions

Chapter 2      Peddling, Soliciting and Canvassing

Chapter 3      Alcoholic Beverages

Chapter 4      Miscellaneous Regulations

CHAPTER 1

General provisions

Cross Reference:   Business and occupation taxes, Section 2-5-21 et seq.

§    7-1-1      Definitions.

§    7-1-2      License required.

§    7-1-3      Separate businesses.

§    7-1-4      Application; fee; temporary business.

§    7-1-5      Administration of chapter.

§    7-1-6      Duties of city clerk.

§    7-1-7      Duration of license.

§    7-1-8      Casual and isolated activity.

§    7-1-9      Inspections.

§    7-1-10    Procedure for issuance..

§    7-1-11    Display of licenses and registrations.

§    7-1-12    Renewal of licenses.

§    7-1-13    Revocation; suspension.

§    7-1-14    Change of address.

§    7-1-15    Transfer of licenses.

§    7-1-16    Issuance of replacement licenses.

§    7-1-17    Special provisions for disabled veterans.

§    7-1-18    Violations and penalties.

§    7-1-19    Owner and manager both punishable for violations.

§    7-1-20    Subsequent amendments; other fees.

Section   7-1-1            Definitions.

The following words where used in this chapter, unless the context requires otherwise, shall be deemed to have the following meanings:

(1)    Business.     Any business, trade, occupation, profession, avocation or calling of any kind for gain or profit, directly or indirectly; provided that this shall not include any business, trade, profession and the like licensed by the state unless city licensing is allowed by state law, nor shall it include any business operating solely under a franchise granted by the city.

(2)    Engaged in business.     Any person shall be deemed to be engaged in business and thus subject to the requirements of this chapter when he performs any act of selling any goods or services or solicits business or offers goods or services for sale for payment in an attempt to make a profit, including the sales or services of the character as made by a wholesaler or retailer or involved in any of the functions performed as a manufacturer, either as an owner, operator or agent in any business within the city.

(3)    Person.     Any person, firm, partnership, corporation, association or group of individuals, or their representatives, acting as a unit.

Section   7-1-2            License required.

Every business in this city or person doing business or engaged in business within the city is hereby required to have a business license from the city for the privilege of engaging in a business, profession or occupation within the corporate limits, unless city licensing is prohibited under state law or the activity is exempted by this code.

Section   7-1-3            Separate businesses.

Where a person conducts a business at more than one (1) store, location or place, each store, location or place shall be considered a separate business under the terms of this chapter and a separate license shall be required. Should more than one (1) business on which a business tax is levied by this code be conducted in or in conjunction with one (1) place or kind of business, each business shall be separately licensed under this chapter.

Section   7-1-4            Application; fee; temporary business.

Every person required to procure a license under the provisions of this code shall submit an application for the license to the city clerk, which application shall conform to the requirements of this section in addition to any other provisions of this code.

(1)  Unless otherwise provided in this code, each application shall be a written statement upon forms provided by the city and submitted before November 1 of each year or within 10 days of opening a new business or reopening of a business under a new ownership.

(2)  Each application shall contain the following informa­tion:

(a)   name and home address of the applicant if individual, or home office address if a corporation partnership;

(b)  place where the proposed business is to be located;

(c)   kind and class of business to be carried on;

(d)  names and home addresses of the partners, if a partner­ship;

(e)   names and home addresses of the officers and directors, if a corporation;

(f)   any information as may be required by the city clerk for the purpose of determining the amount of any business taxes to be collected under this code; and

(g)  any additional information which the city clerk may find reasonably necessary to the fair administration of this chapter of the code which may include a complete record of all arrests and convictions against the applicant and every partner, officer or director of the applicant for violations of any and all laws and ordinances of the city, state or federal government other than minor traffic violations.

(3)  Each application shall be signed and sworn to by the applicant if an individual, or by a partner if a partnership, or by an officer if a corporation.

(4)  All information furnished or secured under the authority of this chapter of the code shall be kept in strict confidence by the city; shall not be subject to public inspection; and shall be utilized solely by the officers of the city responsible for administering the provisions of this chapter and the city's business taxes.

(5)  False statements on any application for a license shall be grounds for immediate revocation of the license or denial of the application.

(6)  Any application, license and registration fees as fixed from time to time by the mayor and councilor business taxes required under this code shall accompany the application.

Section   7-1-5            Administration of chapter.

The city clerk shall administer and enforce the provisions of this chapter for the application for and issuance of business licenses under this chapter of the code.

Section   7-1-6            Duties of city clerk.

The city clerk, or an authorized representative, shall have, among others, the following duties:

(1)  To prepare and provide the necessary forms for the registration and application for a business license and for the submission of any required information as may be necessary to properly administer and enforce the provisions of this chapter.

(2)  To issue to each person a business license within a reasonable time after the payment of the license fee assessed and any business taxes, property or other city taxes levied in this code; provided, however, where under other portions of this code, permits, certifications and compliance with enumerated conditions are required for the operation of the business, the city clerk shall not issue a business license until the applicant exhibits to the city clerk the obtained permits, certification and compliance.

Section   7-1-7            Duration of license.

Any license referred to in this chapter shall automatically expire on December 31 of the year of its issuance.

Section   7-1-8            Casual and isolated activity.

Except as otherwise provided in this title, nothing herein contained shall be interpreted so as to require any person who may engage in casual or isolated activity and commercial transactions, where they involve personal assets only and are not the principal occupation of the individual, to obtain a business license and pay a fee therefore. Garage sales, involving the exchange or sale of personal items are considered casual or isolated activities for the purpose of this chapter.

Section   7-1-9            Inspections.

The city council reserves the right to inspect or authorize the inspection of the premises of any license applicant or licensee for the purpose of determining the eligibility of an applicant for a license or the eligibility of a license for license renewal.

Section   7-1-10       Procedure for issuance.

(1)       If any provision of this code provides for the review of an application for a license by a city officer designated therein, the city clerk shall forward a copy of the application to that officer. The officer charged with the duty of reviewing the application shall make a recommendation thereon, favorable or otherwise, and shall return the recommendation to the city clerk after receiving a copy of the application.

(2)       Upon the receipt of the recommendation of the reviewing officer as hereinabove provided, or upon the receipt of the application if no reviewing officer is designated, the city clerk shall forward the recommendation and application to the mayor and council for consideration and action at its next regularly scheduled public meeting, if approval by the mayor and council is required.

(3)       No license shall be issued to any applicant whose place of business is not in full compliance with all minimum standard building codes adopted by the city.

(4)       No license shall be issued to any applicant who has any outstanding indebtedness to the city, including but not limited to property taxes, business license fees, business taxes, utility bills and any other taxes or assessments.

(5)       Upon the express approval of the mayor and council, when so required, or otherwise upon a determination by the city clerk that the application is in order and all requirements have been met, the city clerk shall issue a business license to the applicant therefore, which license shall state the nature of the business authorized and bear the date of issuance and the signature of the city clerk.

(6)       If the city clerk determines that the application is not in order or any requirements for the license have not been met then the city clerk shall deny the application and immediately provide written notice of the denial and the grounds therefore to the applicant. The applicant may appeal the denial to the mayor and council within 10 days of the denial notice being issued. The mayor and council shall hold a public hearing on the appeal within 10 days of the appeal being filed with the city clerk. The mayor and council within 10 days of the hearing, may order. the license granted with or without conditions or may affirm the denial of the application. The decision shall be based only upon a finding by the mayor and council that the city clerk was correct or erred in the interpretation of the regulations involved or the facts of the case.

(7)       Unless otherwise provided in this chapter, all license applications shall be approved or disapproved within 30 days of filing with the city clerk.

(8)       Nothing herein contained shall be construed as granting any person whose business is subject to municipal regulation any legal right to engage in that business.

Section   7-1-11       Display of licenses and registrations.

All persons shall exhibit and display all licenses and registrations issued to them under this code in some conspicuous place in their business establishment at which address the license or registration was issued. Any transient or nonresident person, firm or corporation doing business within the city shall carry the license or registration either upon his or her person or in any vehicle or other conveyance which is used in the business and the person shall exhibit the same to any authorized enforcement officer of the city when so requested.

Section   7-1-12       Renewal of licenses.

Each licensee shall make a written application for renewal on forms supplied by the administrator no later than November 1 of each calendar year, which application may require substantially the same information as the initial application.

Section   7-1-13       Revocation; suspension.

The mayor and council after affording the licensee a five (5) day notice of the charges and opportunity to be heard with respect to any revocation proceedings, may, if it finds this code to have been violated by the licensee, his or her agent, or employee in the operation of the business, revoke any and all city licenses in their entirety, suspend the same for a specified period of time, place the licensee on probation or place other conditions thereon as the mayor and council may deem necessary after a hearing thereon.

Section   7-1-14       Change of address.

Any person licensed hereunder moving from one location to another shall notify the city clerk of the move and the new address in writing on a form provided by the city clerk no later than the day of moving. The same business license will be valid at the new location if the new location conforms to the zoning and building regulations of the city and any other location transfer requirements of this code.

Section   7-1-15       Transfer of licenses.

Business licenses shall not be transferable except as provided in this section. In the event that the owner of a business holding a currently valid paid- up business license should sell or transfer the business to another person, the purchaser of the business shall obtain free of charge a new license in his name for the balance of the current term of the seller's business license, upon making application to the city clerk, and the purchaser shall be punishable for violation of this chapter if the transfer of the business license provided for in this section is not made before the transferee begins to engage in the business. At the date of renewal of the seller's business license, the buyer must obtain a new annual business license and pay all license fees and business taxes required by this code and comply with all applicable provisions of this code and all ordinances in the same manner as if he had been the original owner of the business.

Section   7-1-16       Issuance of replacement licenses.

In the event that the city clerk is notified that the licensee has lost his copy of the license, he shall make a new copy, upon showing by the licensee that the required fees have been paid. In addition, the licensee shall be charged a replacement fee as fixed from time to time by the mayor and council. Replacement licenses shall be signed by the city clerk and shall indicate the time and date upon which issued. The possession of a replacement license shall not be a defense to any charge of violation of this chapter except a charge made after the time of the issuance of the replacement license.

Section   7-1-17       Special provisions for disabled veterans.

All disabled veterans desiring to enter business without paying city license fees or business taxes must present a state disability license to the city clerk whereupon a city license will be issued and marked "FREE" on the face of the same.

Section   7-1-18       Violations and penalties.

(1)       It shall be a violation of this chapter for any person, whether based in the city or elsewhere, to transact any business of a type for which this chapter requires a license, or to carry on any business for which a license is required however briefly or however transitorily, without first obtaining a license to do so, under the provisions of this chapter.

(2)       It shall be a violation of this chapter for any person, whether based in the city or elsewhere, made liable for obtaining a business license under this chapter, to fail to show the license or a copy thereof to any police officer within a reasonable time after the making of a demand therefore by the police officer.

(3)       It shall be a violation of this chapter to fail to pay the license fees required by this chapter by the date on which such payments are due.

(4)       Any person violating any of the provisions of this chapter shall, upon conviction in the recorder's court of the city, be punished as provided in section 1-1-5 of this code.

Section   7-1-19       Owner and manager both punishable for violations.

In the event that a business is being conducted without a license, both the person owning the business and the person in charge of the management of the business in the city may be held liable for the violation of the provisions of this chapter, and upon conviction, either or both may be punished as provided for in section 7-1-18.

Section   7-1-20       Subsequent amendments; other fees.

This chapter shall be subject to amendment or repeal, in whole or in part, at any time, and no amendment or repeal shall be construed to deny the right of the city to assess, levy and collect any of the license fees prescribed. The payment of any license fee herein provided for shall not be construed as prohibiting the assessment, levy or collection of additional license or permit fees upon the same person, firm or corporation.

CHAPTER 2

Peddling, Soliciting and Canvassing

State Law Reference:         County licensing of peddlers, O.C.G.A., Section 43-32-1 et seq.

§    7-2-1      Registration required.

§    7-2-2      Registration; fee; application for identification card.

§    7-2-3      Exhibition of registration card.

§    7-2-4      Unlawful acts.

Section   7-2-1            Registration required.

Any person peddling, soliciting or canvassing within the city shall be required to register and obtain an identification card as provided by this chapter.

Section   7-2-2            Registration; fee; application for identification card.

Any person desiring to peddle, solicit or canvass within the city shall pay to the city clerk or his designated representative a registration fee of seven dollars ($7.00) and shall make application with the chief of police for an identification card which shall show payment of the registration fee and the days that the registrant has registered to peddle, solicit or canvass within the city.

Section   7-2-3            Exhibition of registration card.

Each registrant shall at all times while in the city have upon his person the registration card and shall exhibit the same when requested to do so by any law enforcement officer or by any municipal authority and by any person being solicited. Possession of this registration card shall not in any way represent an endorsement or approval of any products or project by the city.

Section   7-2-4            Unlawful acts.

(1)       It shall be unlawful for any person to peddle, canvass or solicit after sundown.

(2)       It shall be unlawful for any person to peddle within the fire zone of the city.

(3)       It shall be unlawful for any person to peddle, canvass or solicit without having registered with the city clerk in accordance with this chapter or to peddle, solicit or canvass without having on his person and in his possession an identification card issued in accordance with this chapter.

CHAPTER 3

Alcoholic Beverages

State Law Reference: Alcoholic beverage code, O.C.G.A., Title 3.

Cross Reference: Alcoholic beverage excise taxes, Section 2-5-­41 et. seq.

§    7-3-1      Definitions.

§    7-3-2      License required.

§    7-3-3      Qualifications of applicant.

§    7-3-4      Application required; investigation and report; action by mayor and council.

§    7-3-5      License issuance; terms.

§    7-3-6      License fees.

§    7-3-7      Conditions of operation.

§    7-3-8      Wholesaling to unlicensed retailers.

§    7-3-9      Suspension; revocation.

§    7-3-10    Sales under suspended license.

§    7-3-11    Violations, penalties.

Section   7-3-1            Definitions.

As used in this chapter:

(1)       Alcohol.     Alcohol means the product of distillation of any liquid, whether rectified or diluted, whatever may be the origin thereof, and shall include synthetic ethyl alcohol.

(2)       Distilled spirits.     Distilled spirits means any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called, to include fortified wines as defined by Federal Alcohol Administration, but nothing in this chapter shall prohibit the sale of wines from natural fermentation of fruits, berries, and other products.

(3)       Malt beverage.     Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than six percent (6%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.

(4)       Retailer or retail dealer.     Retailer or retail dealer means any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale.

(5)       Wholesaler or wholesale dealer.     Wholesaler or wholesale dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.

(6)       Wine.     Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation" with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.

Section   7-3-2            License required.

It shall be unlawful for any person to sell any alcoholic beverages within the city limits without first obtaining a license from the mayor and council. No license for consumption on the premises shall be issued to any person who does not possess a retail package license. (Ordinance of January19, 1967)

Section   7-3-3            Qualifications of applicant.

(1)       Any applicant for an alcoholic beverage license must show, to the satisfaction of the mayor and council, financial responsibility. Financial statements must be submitted with each completed application as prescribed by the governing authority. Forms for financial statements shall be furnished by the council along with or included in the application forms for a license.

(2)       Any applicant for an alcoholic beverage license must be of good character; and all managers, clerks or other employees shall be of like character. Corporation applicants shall be of good business reputation.

(3)       No license shall be granted to an applicant who has been convicted under any federal, state, or local law for a criminal offense involving moral turpitude, or who has been convicted under any federal, state, or local law of any criminal offense involving alcoholic beverages, gambling, or tax law violations, if such conviction tends to indicate that the applicant would not maintain the operation for which he is seeking a license in conformity with federal, state, or city laws.

State Law Reference:      Due process requirements for grant or denial of license, O.C.G.A., Section 3-3-2.

Section   7-3-4            Application required; investigation and report; action by mayor and council.

(1)       Persons desiring to sell alcoholic beverages shall file an application with the city clerk, who shall refer the same to the chief of police for investigation. The chief of police shall investigate the:

(a)       moral fitness and reputation of the applicant;

(b)       his reputation as a peaceful citizen or law violator;

(c)       the general character and reputation of his place of business; and

(d)       any other facts that the mayor and council should know in considering the granting of a permit and license to the applicant.

(2)       It shall be the duty of the chief of police to report his findings to the mayor and council at the next meeting or as soon thereafter as possible, which body shall either grant or refuse the permit or license.

 

Section   7-3-5            License issuance; terms.

(1)       All licenses shall be issued by the city clerk in the name of the person, firm or corporation to whom it is issued. No license shall be transferred or transferable, except by prior permission of the city.

(2)       All licenses shall be issued for each calendar year beginning on January 1, and shall be good until December 31 of the year in which issued.

(3)       All places of business issued a license to sell alcoholic beverages shall, at the time the license is issued, agree to abide by the state laws regulating the sale thereof and any ordinances passed by the city in reference thereto.

(4)       All licenses shall be displayed in a prominent place in each place of business. (Ordinance of November 23, 1955)

Section   7-3-6            License fees.

(1)       Retail license fees shall be as follows:

(a)       Malt beverages, package sales                         $      50

(b)       Wine,                                                     package sales            $      50

(c)       Distilled spirits, package sales                         $ 1,000

(d)       Consumption on the premises, all beverages   $    200

(2)       The license fee shall accompany the license application and shall either be in cash or certified funds. (Ordinance of November 23, 1955; Ordinance of January19, 1967)

Section   7-3-7            Conditions of operation.

Sales of alcoholic beverages shall be lawful within the city limits under the following conditions:

(1)       The seller must hold a license issued in accordance with the chapter.

(2)       No place of business licensed for the sale of malt beverages or wine shall be located within 100 yards of a church or school. No place of business licensed for the sale of distilled spirits shall be located within 200 yards of a church or school.

(3)       No sales shall be made by any person outside of the place of business of the licensee.

(4)       All such beverages sold or offered for sale shall be conspicuously displayed in the place of business, and shall not be hidden or concealed in any manner by blinds, shades, curtains, screens or partitions.

(5)       The city police shall have full authority and privilege of making inspections at any time to see that the provisions of this article are not violated.

(6)       No alcoholic beverages shall be sold to any person under the age at which such beverages may be legally purchased in the State of Georgia.

(7)       No alcoholic beverages shall be sold on Sunday. Election day sales are specifically permitted as authorized by state law.

(8)       No licensee shall employ a minor as a clerk or in any other capacity to sell alcoholic beverages; and every licensee shall file with his application the name and ages of every person employed by him in the business. Changes in employees after a license has been granted shall be immediately reported to the city clerk.

State Law Reference: Offenses involving minors, O.C.G.A., Section 3-3-23.

Section   7-3-8            Wholesaling to unlicensed retailers.

It shall be unlawful for any wholesale dealer in alcoholic beverages to sell, dispense or deliver any such beverages to any person who is not duly authorized and licensed to sell alcoholic beverages at retail within the city.

Section   7-3-9            Suspension; revocation.

(1)       Any license which has been issued or which may hereafter be issued by the city to any licensee may be suspended or revoked for due cause as hereinafter defined, and after a hearing held for the purpose of considering any such suspension or revocation. At least five (5) days prior written notice of a time, place and purpose of such hearing, and a statement of the charge or charges upon which such hearing shall be held shall be given to the holder of such license which is sought to be suspended or revoked.

(2)       "Due cause" for the suspension or revocation of any license shall consist of a violation of any laws or ordinances regulating such business, or violation of regulations made pursuant to authority granted for the purpose of regulating such businesses, or for the violation of any state, federal, municipal or city ordinance that would prevent one from obtaining a license, or for the violation of any provision of this chapter.

(3)       When a license is suspended or revoked, the city shall not be required to refund any portion of the license fee to the holder of such suspended or revoked license. When a license is revoked, the licensee may not reapply for a license hereunder for a period of three (3) years from such revocation.

State Law Reference:         Due process requirements for the suspension or revocation of licenses, O.C.G.A., Section 3-3-2.

Section   7-3-10       Sales under suspended license.

No person whose license has been suspended or revoked pursuant to any provisions hereof shall sell any beverages covered by the suspended or revoked license during the period of such suspension or after such revocation.

Section   7-3-11       Violations, penalties.

Any person violating this chapter shall, upon conviction, be punished as provided in section 1-1-5 of this code.