 |
Cartersville |
 |
Code of Ordinances |
|
CODE OF ORDINANCES |
|
Chapter 4. ALCOHOLIC BEVERAGES |
|
Article V. ALCOHOL CONTROL BOARD |
§ 4-205. Considerations and guideline for issuance, renewal or denial.
The alcohol control board, mayor and city council, in making its determination on an initial application or renewal thereof, shall be guided by the following factors as to whether or not to grant a license under this division:
(1)
The nature of the neighborhood immediately adjacent to the proposed locations, 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 city 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 board 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Whether any license for sale of beer or wine or alcohol previously issued for the location has been revoked for cause by the alcohol control board..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; or other violations of the law.
(13)
Compliance with the requirements of this chapter and the Code of Ordinances of the City of Cartersville.
(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 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. 40-08, § I, 11-6-08)