§ 6-116. Issuance of license to persons with prior convictions.  


Latest version.
  • (a)

    No license for the sale of alcoholic beverages or the operation of a bottle house for pecuniary gain shall be issued to any person where any individual having an interest either as owner, partner, principal shareholder, or licensee, directly or indirectly, beneficial or absolute, or spouse, shall have been convicted within ten years immediately prior to the consideration of the alcoholic beverage application for any felony, or for the violation of any county, state, or federal law of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, gambling; or any charge relating to the sale of alcoholic beverages or serious traffic offense as defined in O.C.G.A., tit. 40, ch. 6, art. 15 (O.C.G.A. § 40-6-390 et seq.), the traffic offense of hit and run or leaving the scene of an accident, but excluding any first conviction for driving under the influence of alcohol or drugs, or for whom outstanding indictments, accusations or criminal charges exist charging such individual with any of such offenses and for which no final disposition has occurred.

    (b)

    For wholesale distributors, all requirements in section 6-116(a) apply except for those in reference to the spouse of the owner, partner, principal shareholder, or licensee.

    (c)

    If at the time of application the applicant is charged with any of the offenses prescribed in this subsection, consideration of the application shall be dismissed without prejudice and the applicant shall be allowed to reapply upon final disposition of any such charge. The license review board may waive a denial of an application based on any criteria in this section after hearing in all cases except those involving a felony conviction. The board of commissioners may waive a denial after hearing in all cases. The applicant shall appeal any denial by virtue of a felony conviction directly to the board of commissioners without hearing by the license review board.

(Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 5-11-93; Code 1977, § 3-4-31; Ord. of 1-23-01; Ord. of 7-10-01 (eff. 1-1-02); Amd. of 2-25-14; Amd. of 7-28-15; Amd. of 7-26-16)