§ 4-89. Qualifications.

(a)

No license for the sale of alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence.

(b)

Where the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers, managers and majority stockholders. In the case of a corporation, the license shall be issued jointly to the corporation and to the majority stockholder, if an individual. Where the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its agent registered under the provisions of this division. In the case of a partnership the license will be issued to all the partners owning at least 20 percent of the partnership, or if no partner owns 20 percent, to the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed.

(c)

No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the General Government Administration Department that such person, partners in the firm, or officers and Directors of the corporation shall be of good moral character and in no event shall any license be granted to any persons or officers or Directors of any such corporations who have been convicted or have pleaded guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling or illegal possession or sale of illegal drugs or alcoholic beverages within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for any alcoholic beverage license, the applicant shall, by a duly sworn affidavit, certify that the applicant, nor any of the other owners of the establishment, nor the manager of such establishment has been convicted or has pleaded guilty or entered a plea of nolo contendere to any crime involving moral turpitude or the violation of any laws, regulating the sale of illegal drugs, alcoholic beverages, or the illegal gambling laws of this state. If such certification is falsely given, or if the applicant, owners, or manager is later convicted or has pled guilty or nolo contendere to any crime involving moral turpitude, then the license shall be immediately revoked and canceled by administrative action.

(d)

No license for the sale of alcoholic beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years, prior to the filing of application of such license.

(e)

It shall be unlawful for any city employee directly involved in the issuance of alcoholic beverage licenses under this division to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the city.

(f)

No license for the sale of alcoholic beverages shall be granted to any person who has had any license issued under the police powers of the city previously revoked within two years prior to the filing of the application.

(g)

The General Government Administration Department may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this article for the license.

(h)

All licensed establishments must have and continuously maintain in the city a registered agent upon whom any process, notice or demand required or permitted by law or under this article to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the General Government Administration Department of the city on the form prescribed.

(i)

All applicants for any alcoholic beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation, and no principal of a corporation or firm shall have been convicted of any crime of moral turpitude.

(j)

A license application may be denied to any applicant for any malt beverage and/or wine 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 application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever.

(k)

The General Government Administration Department, in its discretion, may consider any extenuating circumstances which may reflect favorably on the applicant, the application or the proposed location of the business. If in its judgment circumstances are such that granting of the license would not be in the best interest of the general public, such circumstances may be grounds for denying the application.

(l)

For purposes of the alcoholic beverage ordinance codified in this article, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant was allowed to avail themselves of the Georgia First Offender Act (O.C.G.A. § 42-8-60 et seq.) as amended. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which defendant had previously been sentenced as a first offender.

(m)

All applicants, including all applicants for renewal, are required to apply for an alcoholic beverage license from the state and a city business license before a license shall be issued under this division.

(Code 1979, § 9-4-8; Code 1998, § 6-93; Ord. No. 03-2002(A), 1-7-2002; Ord. No. 07-2003, § 6-93, 7-7-2003)