§ 4-209. Action by alcohol control board.

(a)

The director of planning and development or his/her designee, when assured that all requirements have been complied with, shall refer the application, together with any objections filed, to the alcohol control board. The alcohol control board shall, after investigation of the applicant and the proposed location, direct the secretary to issue or refuse with or without conditions the license for which application is made, upon payment of the appropriate fee.

(b)

The alcohol control board shall be authorized to suspend, fine, place on probation, or revoke with or without conditions an alcoholic beverage license under the conditions set forth in this section. However, except as provided for in this chapter, no revocation, probation, fine or suspension shall be imposed without first providing the licensee with notice of his rights to appeal as more specifically provided in subsections (e)(2) and (4). Sufficient grounds for the suspension, probation, fine or revocation, with or without conditions of a license include, but are not limited to, the following:

(1)

A licensee has failed to open for business within ninety (90) days after approval of the license.

(2)

A licensee has ceased to operate the business for a period of three (3) consecutive months.

(3)

A licensee, or such licensee's employee or agent, has sold alcoholic beverages during a period of suspension.

(4)

A licensee gave false or misleading information in the original application or renewal process.

(5)

A licensee has failed to pay any fee, license fee, tax, fine or other amount of money due to the city under this chapter or any other city licensing ordinance.

(6)

A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this article.

(7)

A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent, knew or should have known to be in a state of intoxication.

(8)

A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person without requiring proof of age identification as required in this chapter.

(9)

A licensee or employee or agent thereof has violated any provision of Chapter 4, Alcoholic Beverages, Article I, Division 2, Regulation of Establishments and Division 3, Taxes.

(10)

For any provision of Chapter 4 which specifically states the license may be suspended or revoked for a violation.

(11)

For any violation of O.C.G.A. § 3-3-21.

(12)

For multiple violations of any requirement or multiple requirements of Chapter 4, during a two-year period.

(c)

Subject to the notice, hearing and appeal rights of a licensee as provided in this chapter, if the alcohol control board determines that a violation has occurred and been adjudicated guilty or the licensee has pled guilty or no contest it is authorized to levy the following fines and penalties. The board has the right to impose additional penalties or waive any of the penalties imposed based upon the facts of the incident as presented to them.

For violations within a three-year period involving the same license, owners or location the following recommended guidelines are hereby adopted.

Offense	Fine	Probation	Suspension/Revocation
First	Up to $1,000.00	3 years	None
Second	Up to $1,000.00	3 years	30 days suspension
Third	Up to $1,000.00	3 years	Revocation; no reapplication for one year

 

(d)

Any of the violations indicated in subsection (b) above may in addition be prosecuted in the Municipal Court of the City of Cartersville. If the violator is found guilty, enters a plea of guilty or enters a plea of no contest, the penalty for any violation is subject to a fine of up to one thousand dollars ($1,000.00) per day, per violation and/or up to six (6) months in jail per day, per violation. Furthermore, all other violations of this chapter shall be prosecuted in the Municipal Court of the City of Cartersville and are subject to a fine of up to one thousand dollars ($1,000.00) per day per violation and/or up to six (6) months in jail per violation.

(e)

(1)

Prior to imposing any sanction authorized by this section, the director of planning and development, his/her designee shall provide written notice to the licensee specifying the licensee's alleged violations of this chapter and the date, time and place of the hearing to be held before the alcohol control board to determine if the violations have occurred. The date of the hearing shall be not less than five (5) nor more than thirty (30) days after the date of the written notice. Hearings shall be conducted consistent with rules applied in administrative proceedings which shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel. All testimony shall be sworn. The city shall have the responsibility to present evidence sufficient to carry the burden of proof by a preponderance of the evidence. Following the hearing, the alcohol control board shall prepare a written order to include findings, conclusions and sanction, if any. A copy of the order shall be forwarded by certified mail to the licensee the same date it is filed in the office of planning and development and/or hand delivery to the licensee or their establishment.

(2)

The order issued by the alcohol control board in accordance with the procedures outlined in subsection (e)(1) of this section shall be stayed for a period of fourteen (14) days after the issuance of the order. During this fourteen-day period, the licensee shall have the right to file an appeal to the mayor and city council. If the licensee does not file a timely appeal, the order shall be final. If an appeal is filed, any monetary penalty imposed must be paid to the director of planning and development and said funds shall be held in escrow until final disposition of said appeal. If the appellant prevails in the appeal, said funds shall be returned.

(3)

Additionally, if an applicant is denied a license, said applicant shall have the right to appeal same to the mayor and city council within fourteen (14) days of the date of denial.

(4)

The notice of appeal to the mayor and city council shall be in writing and accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The notice of appeal must be filed in writing at the office of planning and development. The grounds for the appeal shall be limited to issues that were addressed in the hearing. Upon receipt of a notice of appeal, the city manager shall submit the entire record of the case to the mayor and city council and the planning and development director or his/her designee may also submit a memorandum in response to the memorandum filed by the licensee. The planning and development director or his/her designee shall place the appeal on the agenda of the next regular council meeting occurring not less than ten (10) or more than thirty (30) days after receipt of the appeal, unless the parties stipulate to another date. The appellant shall have the right to be represented by legal counsel. At the hearing, the mayor and city council will receive oral arguments on the written memoranda and the evidence in the record. The right to offer oral argument may be waived. No additional evidence or arguments shall be permitted at the council meeting, and the council shall base its decision on the memoranda, oral arguments, if any, and other evidence in the record. Following the appeal hearing, the council may sustain, overrule or modify the order. In lieu of suspension or revocation, the mayor and city council may impose a fine upon any licensee, such fine as set forth in this chapter, for each violation occurring on the licensed premises. The mayor and city council shall also have the option to remand the matter to the alcohol control board for a de novo hearing or for the taking of additional evidence on specific points. The mayor and city council have thirty (30) days from the date of the hearing to render a decision in this matter. If the city council does not refer the matter back to the alcohol control board the decision of the mayor and city council shall be final and the appellant shall have the right to seek a writ of certiorari to the superior court of the county within thirty (30) days of the final action of the mayor and city council. The final action of the city council shall be reduced to a written order signed by the mayor. The original of the mayor's order shall be filed in the record of the case, and a copy of the order shall be included in the minutes of the mayor and city council meeting. It shall be the responsibility of the city clerk to provide a copy of the order to the appellant.

(f)

The penalties for establishments and license holders may be mitigated if such establishments are found to have maintained an effective compliance program. Factors to be considered are:

(1)

Whether and to what extent the establishment requires its servers to attend alcohol ordinance compliance seminars.

(2)

Whether the establishment conducts its own "secret shopper" or internal "sting" operations.

(3)

Whether the establishment has a written policy dealing with the problems of minors attempting to obtain alcohol at such establishment.

(4)

Whether the establishment has appropriate signs and other displays such as "We ID" or "If you're a minor, the soft drinks are this way".

(5)

The degree to which the establishment has procedures in place to monitor its servers for compliance with the ordinance.

(6)

Whether the establishment makes available a copy of the ordinance to its servers.

(7)

Extent to which the establishment has met the other requirements of the ordinance.

(8)

Other evidence demonstrating the establishment's compliance with the ordinance and prevention of underage drinking in the establishment and the community at large.

(Ord. No. 81-05, § I, 10-6-05; Ord. No. 45-08, § I, 11-6-08; Ord. No. 51-08, § 1, 12-4-08; Ord. No. 08-10, § 17, 3-18-10; Ord. No. 36-18, § 1, 12-6-18)