§ 10-35. Licensee qualifications.

(a)

The applicant and each individual applying licensee shall be a legal resident of the United States.

(b)

The applicant and each individual licensee shall be and continue to be a resident of the State of Georgia, excepting applicants for a special event. Licensees who are corporations or companies must be formed in the State of Georgia or must be registered to transact business within the State of Georgia, and only the applying general manager of applying corporate officer must meet the residency requirements.

(c)

No applicant, licensee, general manager, or person having an interest in the license shall have been convicted within five years immediately preceding the date of application for any felony, or crime involving moral turpitude. In those instances involving corporations, this prohibition shall also apply to:

(1)

Any closely held corporation's president, vice-president, secretary, treasurer, and all stockholders owning five percent or more of the corporation's stock, or a person having subscriptions, options, and/or warrants for purchase of a closely held corporation's stock that when fully executed would give that person five percent or more of the corporation's stock; and

(2)

Any shareholder owning 50 percent or more of any corporation, or a person having subscriptions, options, and/or warrants for purchase of a corporation's stock that when fully executed would give that person 50 percent or more of the corporation's stock.

(d)

Licensees shall be the owners of the premises for which the license is held or the holder of the lease on the licensed premises, or as to a special event or catered function, the licensee shall have written permission from the owner of the location to hold the special event or catered function. In case of a special event or catered function, a written lease, license or other permission from the owner of the premises.

(e)

In the case of a corporation, the applicant for the license shall be an officer of the corporation or a general manager. However, all of the officers and directors must meet the licensing requirements herein, other than residency. Only the applying officer or general manager must meet the residency requirements. The license shall be issued to the corporation.

(f)

The applicant (individual in case of proprietorship, applying officer or general manager in case of corporation, and one of the partners in case of partnership) shall be responsible for the management and operation of the business for which the license is granted.

(g)

The applicant shall make a sworn statement of the qualifications to the above and shall place same on file with the city before any license is issued.

(h)

If the applicant is a partnership, all members of the partnership must approve of this application but only one member must meet the requirements for residency. However, all members of the partnership must meet the other qualifications, and the license shall be issued to all the partners in the name of the partnership.

(i)

No person shall be granted a license to engage in the sale of alcoholic beverages at retail unless it shall appear to the satisfaction of the city council that such person is of good moral character.

(j)

An application shall not be granted or action pursuant to section 10-43 shall be taken against a licensee should the city manager or his designee find any of the following:

(1)

The application fails to comply with the requirements of this chapter and of Georgia law applicable to licensee as to the sale of alcoholic beverages.

(2)

The applicant and/or licensee fails to meet the qualifications and/or requirements of this chapter and of Georgia law applicable to licensee as to the sale of alcoholic beverages.

(3)

The applicant and/or licensee has ever had its/his/her license to sell alcoholic beverage suspended two or more times during the past five years or revoked by any state or political subdivision hereof.

(4)

The applicant and/or licensee has ever had its/his/her business license of a business selling alcoholic beverages suspended two or more times during the past five years or revoked by any state or political subdivision hereof.

(5)

The applicant and/or licensee has ever had its/his/her business license, for any business, suspended two or more times during the past five years, or revoked by the City of Fayetteville or Fayette County.

(6)

As to a special event, the applicant or licensee fails to obtain or maintain in good standing authorization from the State Department of Revenue pursuant to O.C.G.A. §§ 3-9-3 and 3-9-4 or O.C.G.A. §§ 3-11-12 and 3-11-3, as applicable.

(k)

No applicant and/or licensee may apply for a license to sale malt beverages or wine off-premises for catered functions, unless the applicant and/or licensee qualifies as a licensed alcohol beverage caterer as defined in article i hereof.

(Ord. No. 0-41-02, §§ 1, 2, 9-19-02; Ord. No. 0-15-16 , arts. 3, 12, 18, 19, 9-1-16)