§ 4-50. Application.

(a)

Application for a license shall be made on forms furnished by the Alcohol Control Board and all requested information thereon shall be provided or to be provided to the state department of revenue to obtain a state license. All applications shall be presented in person to the Director of Planning and Development or his/her designee.

(b)

Each applicant shall furnish a complete set of fingerprints which shall be forwarded to the state bureau of investigation for a search of the files of the state crime information center for a period of ten (10) years immediately preceding the date of such application for any instance of criminal activity. The state bureau of investigation shall also submit such fingerprints to the Federal Bureau of Investigation under rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the Alcohol Control Board.

(c)

Each new applicant (not renewal) shall pay an investigation fee of two hundred thirty dollars ($230.00) at the time of filing the application for a license which includes an inspection fee of thirty dollars ($30.00) assessed on applications to provide for the inspection by the City of Cartersville Police Department pursuant to section 4-55 of the City of Cartersville Code of Ordinances; however, in years in which the applicant has paid the inspection fee required by section 10-73, this fee shall be waived.

(d)

An application filed and submitted before containing substantially all the information required may be rejected by the Alcohol Control Board, and the applicant may not refile for a period of ninety (90) days.

(e)

It shall be unlawful for any person to file an application for a license, or permit his name to be used in such application, where the application contains a nominal applicant for the purpose of avoiding the provisions of this division restricting applicants to persons of good character and without criminal records, or restricting economic interests in retail package stores, or for elusive purposes. It shall be unlawful for any person to permit his name to be used in an application for a license where such person will not be the de facto owner of the license. It shall be unlawful for any person to file an application for license containing his name as applicant when such person is not the de facto applicant. It shall be unlawful for any person to file, or permit to be filed, an application for a license wherein a sham applicant is named.

(f)

An application containing false information or false statements may result in disapproval, revocation, suspension or failure to renew the license applied for.

(g)

The license applicant shall make a sworn statement of his qualifications according to this division and shall place same on file with the director of planning and development before any license is issued.

(h)

If the Alcohol Control Board approves the application, the director of planning and development shall issue an annual retail license to the applicant upon the payment of the license fee.

(i)

A copy of this chapter shall be given to all applicants for license upon their filing their applications with the director of planning and development.

(j)

The Alcohol Control Board in making its determination on an application, shall be guided by the following factors as to whether or not to issue or deny a license under this division:

(1)

The nature of the neighborhood immediately adjacent to the proposed location, that is, whether the same is predominately residential, industrial or business.

(2)

The proximity of churches, hospitals, schools, college campuses, public libraries, public parks and playgrounds, private residences and alcoholic treatment centers owned and operated by the state or any county or municipal government therein.

(3)

Whether the proposed location has adequate off-street parking facilities or other parking available for its patrons.

(4)

Whether the location would tend to increase and promote traffic congestion and resulting hazards therefrom.

(5)

The criminal record of the applicant and the outlet manager and general good character and reputation and their financial responsibility; provided that nonpayment of federal, state, county or city taxes shall be prima facie evidence of lack of financial responsibility.

(6)

Any report by the chief of police, the building inspector, the fire marshal, and the traffic engineer.

(7)

The information required in the application or statement and whether all requirements as to notice, advertisement, fire codes, building, zoning, parking, lighting and legal matters have been met.

(8)

Evidence presented to the commission for or against the application.

(9)

Whether or not the granting of the application is in the interest of the city.

(10)

Whether any license for sale of beer or wine or alcohol previously issued for the location has been revoked for cause by the Alcohol Control Board.

(11)

Whether the applicant holds or possesses any other license for the sale of alcohol issued by the city.

(12)

The history or reputation of the building or establishment (proposed for outlet) for prostitution or other sex offenses, fighting, shooting, stabbing or other violence, gambling, illegal dealing in alcoholic beverages or drugs, and other violations of the law.

(13)

Compliance with the requirements of this chapter and the provisions of the City of Cartersville Code of Ordinances.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 51-08, § 1, 12-4-08; Ord. No. 08-10, § 2, 3-18-10)