§ 6-96. Initial consideration of application, mandatory training, and objection.

(a)

Effective January 1, 2002, all new businesses at locations in Cobb County, where an alcoholic beverage license has not previously been issued, where there is a change of ownership of the alcoholic beverage license, or where there is any change of licensee, and the licensee has not previously attended a responsible alcohol sales and service policy workshop for owners and managers, the licensee shall attend a workshop which has been approved by the business license division manager. The licensee shall attend said workshop prior to the issuance of any alcoholic beverage license. Such workshop shall be attended by the licensee at the licensee's expense. If at the time the application is considered by the business license division manager the licensee has not provided evidence to the business license division office that the licensee has successfully completed the alcohol sales and service workshop the application shall be denied. Effective January 1, 2007, the provisions of this section shall apply to renewal applications as well. The workshop provision shall not be waived; wholesale distributors are exempt from this requirement. Instructors, trainers or any persons associated or employed by the person or organization conducting the training referenced in this subsection shall not appear before the license review board or board of commissioners as a representative, attorney, advocate, or witness for any applicant.

(b)

All applications for licenses under this chapter shall be considered upon completion of investigation and advertisement. Licenses shall be granted by the business license division manager if the application meets all the legal requirements of this chapter. If the application does not meet the legal requirements of this chapter, it shall not be granted by the business license division manager. Any decision of the manager shall be final unless appeal is filed to the license review board by any aggrieved party, as provided for in section 6-90, or where an objection has been filed. The decision of the manager shall be transmitted to the applicant by mail.

(c)

Where an application for a license under this chapter otherwise meets all the criteria set forth in this chapter, and written objection is made to such application, such application shall be treated as follows:

(1)

In order for a written objection to be sufficient to authorize a hearing, it shall describe how and why the person filing the objection, or the immediate surrounding neighborhood, will be negatively impacted by the issuance of such license or permit and shall specifically state the reasons therefor.

(2)

Any written objection on any application shall be filed with the business license division manager no later than the date and time set forth in the legal advertisement published in the legal organ in the county, related to such application.

(3)

In order to meet the written objection definition as set forth in this section, the person filing the objection shall specify the property address and business of the applicant as well as the requirements of subsection (c)(1) of this section.

(4)

If a citizen objects to more than one application, the person filing the objection shall provide separately for each application that is objected to and the information required in subsections (c)(1) through (c)(3) of this section.

(5)

Upon the proper filing of any written objection as set forth in this section, the business license division manager shall defer such application, without prejudice, and then schedule the matter for a hearing before the license review board within reasonable time thereafter; and such hearing shall be governed and handled in accordance with this chapter. The deferral contained in this subsection (b)(5) shall be without prejudice. If the person filing the objection does not attend the hearing, the license review board shall consider the application but may consider the fact that the person filing the objection is not present.

(6)

Any decision of the supervisor of the business license office shall be final unless appeal is filed to the license review board by an aggrieved party on or before ten days of the date the decision by the supervisor is mailed to the applicant.

(Ord. of 8-14-73, art. II, § 5; Ord. of 4-14-87; Ord. of 10-24-89, § I; Ord. of 5-11-93; Code 1977, § 3-4-44; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 7-27-04; Ord. of 2-26-08; Amd. of 7-28-15)