§ 10-43. Revocation or suspension of license.
(a)
All licenses herein shall be a mere grant or privilege to carry on such business during the term of the license subject to all the terms and conditions imposed by the city's Charter and related laws of the State of Georgia and of the United States, and applicable provisions of this chapter and other ordinances of the city relating to such businesses.
(b)
If any licensee should be engaged in unlawful activities, or acts which would constitute violations of state or federal laws or city or county ordinances, and where such unlawful activities are such as to directly or indirectly affect the licensee's qualification to conduct the licensed business or be involved in the conduct of such business, and where the licensee is doing business within the city, the license may be revoked or suspended in the manner provided herein.
(c)
Where it is reported to the city's code enforcement officer that a licensee is engaged in such unlawful activities, a preliminary investigation shall be conducted by the code enforcement officer or his or her designee in order to determine whether there is a basis for the reports. If the code enforcement officer's preliminary investigation reveals that there may be a basis for revocation or suspension of the license, the licensee will be notified of the code enforcement officer's recommended action, and notified of the licensee's right to appear before the city manager on a date certain and show cause why the code enforcement officer's recommendation should not be implemented.
The code enforcement officer may recommend:
(1)
A finding that the evidence does not authorize action by the city manager;
(2)
That a warning be issued to the licensee, for which there shall be no appeal to the city manager;
(3)
Levy a fine not to exceed $1,000.00;
(4)
Suspension of the license and probate of any part or all of suspension;
(5)
Suspension of the license for a stated number of days;
(6)
Suspension of the license pending a hearing by the city manager;
(7)
Revocation of the license; or
(8)
Any combination of the above actions.
(d)
Within ten days from the date of delivery to the licensee of the code enforcement officer's recommendation, the licensee may request a hearing before the city manager prior to it taking action on the code enforcement officer's recommendation (except for recommendations (1) and (2) above, to which there shall be no appeal). Any decision of the code enforcement officer to suspend pending a hearing by the city manager shall automatically be scheduled for a hearing before the city manager no later than 30 days from the date of the suspension. The city manager shall schedule a hearing and notify the licensee of the time and date of the hearing. If the licensee fails to request a hearing within the allotted ten days, the city manager shall act upon the code enforcement officer's recommendation without a hearing or input from the licensee.
(e)
At the conclusion of the hearing, the city manager is authorized to:
(1)
Find in favor of the licensee;
(2)
Issue a warning to the licensee;
(3)
Levy a fine not to exceed $1,000.00;
(4)
Suspend the license for a stated period of time;
(5)
Suspend the license and probate suspension;
(6)
Revoke the license and probate any portion or all of the revocation;
(7)
Revoke the license;
(8)
Take any other appropriate action regarding licensee; or
(9)
Take any combination of the above actions.
(10)
With regard to violations of this chapter, or violations of state law regulating the sale of alcoholic beverages, committed by any licensee employed server(s) (excluding general managers and persons with an interest in license), while acting within the licensee's employment, upon reasonable proof acceptable to the city manager that the licensee at the time of the violation and at the time of the hearing before the city manager was and is a responsible licensee, and the licensee actively encourages and requires compliance with policies, guidelines, and education required of a responsible licensee, the city manager shall:
a.
For the first violation within two years, issue a warning and may levy a fine against the licensee;
b.
For a second violation within two years, suspend the licensee's license (and probate any portion of this suspension), and levy a fine against the licensee;
c.
For the third violation within two years, revoke the licensee's license (and probate any portion of the revocation).
(f)
Failure to pay fines assessed hereunder constitutes a violation of this chapter and shall be grounds for the suspension or revocation of the licensee's license. All fines assessed under this section shall be due as follows:
(1)
If a licensee does not appeal the recommendation of the code enforcement officer then the fine assessed by the city manager shall be due and payable on the date that the city manager takes action on the code enforcement officer's recommendation. If the licensee does not pay such fine within three days of the assessment of the fine by the city manager then such failure shall constitute a new violation of this chapter, and each day that said fine remains unpaid shall constitute a separate and distinct violation of this chapter; or
(2)
If a licensee appeals the recommendation of the code enforcement officer then the fine assessed by the city manager shall be due and payable on the date that the city manager takes action of the code enforcement officer's recommendation, provided, however, the city manager shall not take any action on the code enforcement officer's recommendation prior to conducting a hearing as required by subsection 10-43(d) hereof. If the licensee does not pay such fine within three days of the assessment of the fine by the city manager then such failure shall constitute a new violation of this chapter, and each day that said fine remains unpaid shall constitute a separate and distinct violation of this chapter.
(Ord. No. 0-41-02, §§ 1, 2, 9-19-02; Ord. No. 0-36-03, art. 3, 8-21-03; Ord. No. 0-15-16 , art. 17, 9-1-16; Ord. No. 0-4-17 , art. 3, 4-6-17)
State law reference
Similar provisions, O.C.G.A., § 3-3-1.