§ 4-57. Issuance procedures and standards generally.  


Latest version.
  • (a)

    A license application may be denied to any applicant for a license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the applicant is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever.

    (b)

    No license shall be granted to any person, unless such person is at least twenty-one (21) years of age.

    (c)

    No employee or elected official of the city or county shall be eligible to receive a license. An employee or elected official of the city or county does not include individuals whose only relationship with the city or county is on an uncompensated volunteer basis or as an appointed member of any board, authority, commission or organization which is a part of or is related to the city or county.

    (d)

    The following standards shall be applied to all decisions as to the issuance or denial of licenses:

    (1)

    The alcohol control board or staff may require all applicants to provide financial statements and other evidence of financial responsibility in conjunction with the application.

    (2)

    All applicants for a license must be of good character, and all operators, managers, clerks, or other employees shall be of like character.

    (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 alcoholic beverages, gambling, or tax law violations or any felony involving moral turpitude if such conviction tends to indicate that the applicant would not maintain the operation for which a license is being sought in conformity with federal or state laws or the laws of the city within the last ten (10) years.

    (4)

    No license shall be granted to any applicant who is not the owner of at least fifty-one (51) percent of the retail package store for which the application for a license is being made.

    (5)

    No licenses shall be issued to corporations, limited liability partnerships, and limited liability companies.

    (6)

    No licenses shall be issued to partnerships, but a license may be issued to an individual partner who owns a fifty-one (51) percent interest in the retail package store for which the application is being made, if all other partners or persons owning an interest therein comply with and meet all the qualifications (other than owning fifty-one (51) percent) in this article for applicants.

    (7)

    No license shall be issued to any applicant who has had any license for the sale of beer, wine, distilled spirits and/or alcoholic beverages previously issued to the applicant revoked for cause within three (3) years.

    (e)

    Approval of an application shall expire after ninety (90) days from the date of such approval, unless the applicant has procured, and paid the fee for the approved license. The alcohol control board may extend the approval up to ninety (90) days for cause, provided the request therefor is made within the original ninety (90) days.

    (f)

    No applicant may submit, and the alcohol control board shall not act upon, an application which is substantially the same as an application submitted within the previous six (6) months, unless the alcohol control board exercises its discretion to do so.

    (g)

    The alcohol control board may defer action upon any application, the subject matter of which is substantially the same as the subject matter of litigation then pending in the state or federal courts until such time as the litigation is resolved.

    (h)

    Whenever the alcohol control board shall deny an application for a license, the applicant shall have fifteen (15) days following notification of denial to request a hearing before the mayor and city council. The applicant shall be entitled at such hearing to present evidence and cross-examine opposing witnesses present at the hearing; said hearing shall be conducted as provided for in section 4-209 of this chapter.

    (i)

    The applicant must be present at the meeting of the alcohol control board at which their application is considered. If the applicant is not present the alcohol control board cannot consider the application and may table it until the next meeting or deny it, which requires the applicant to resubmit and pay any required fees again (fees are not refunded if the application is denied).

    (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)

    A report of 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.

    (14)

    If a licensee has failed to satisfy the criteria for obtaining a license to sell.

    (15)

    If a licensee, or such licensee's employee or agent, has violated any federal, state, or local laws of ordinances relating to the use and sale of drugs and alcoholic beverages, and/or violent crimes.

    (16)

    When the continued operation of the licensed business is determined to be detrimental to the health safety, or welfare of the public.

    (17)

    The failure of the licensee or his employees to report immediately to the police department a known violation of law or municipal ordinances, breach of peace, disturbance or altercation occurring in or in the immediate proximity to the licensee's premises.

    (18)

    Failure by the licensee to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, including but not limited to adjacent parking lots or areas which may be lawfully used by patrons of the licensed establishment, in order to protect the safety and well-being of the general public and of those utilizing the premises.

    (19)

    Breach of the peace, disorderly conduct or altercations and in incidents involving breach of peach, disorderly conduct, or altercations, the following additional factors shall be considered:

    (i)

    The facts and circumstances of the incident.

    (ii)

    The parties involved.

    (iii)

    The criminal history of the parties, if any.

    (iv)

    Damage to persons and property.

    (v)

    Intoxication levels of individuals involved.

    (vi)

    Conduct of employees and licensee in regards to said incident and involvement.

    (vii)

    Mitigating circumstances.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 41-08, § I, 11-6-08; Ord. No. 08-10, § 4, 3-18-10)