§ 6-147. Procedure for fee, suspension and revocation.

(a)

It is determined that the following are violations:

(1)

When for any single offense, a licensee or anyone in the employ of the business holding the license is charged with, arrested for, or convicted of selling alcoholic beverages to an underage person or persons or on Sunday without necessary Sunday sales license; or

(2)

When for any single offense, a licensee or anyone in the employ of the business holding the license is charged with, arrested for, or convicted of selling alcoholic beverages to an intoxicated person pursuant to O.C.G.A. § 3-3-22.

(b)

The police department shall notify the business license division manager of any violation of section 6-147(a).

(c)

Upon notice of a violation of section 6-147(a), the business license department shall notify the license holder of the pending suspensions as follows:

(1)

First offense—One day suspension;

(2)

Second offense occurring within the 12-month period immediately preceding the violation—Three day suspension;

(3)

Third offense occurring within the 12-month period immediately preceding the violation—Seven day suspension;

(4)

Fourth offense [ocurring within] the 12-month period immediately preceding the violation—Ten day suspension;

Such notice to the licensee shall also provide rights of appeal and other rights under this section.

(d)

The license holder that has been provided notice of a violation of section 6-147(a) may, within ten days of receipt of notice, appeal the suspension set out in subsection (c) of this section and request a hearing by the license review board which will be set down within 60 days of request for appeal. The hearing shall proceed as any due cause hearing and the board may consider mitigating and aggravating circumstances in reaching its determination.

(e)

Pursuant to section 6-147(d), if at any time, the business license department becomes aware of a fifth or subsequent violation of section 6-147(a), the matter shall be set down for hearing by the license review board.

(f)

For businesses with multiple physical locations under a single licensee, the suspension periods in section 6-147(c) are imposed per physical location.

(g)

No alcoholic beverage license which has been issued or which may hereafter be issued shall be suspended or revoked except for due cause as defined in this section, after a hearing and upon written notice to the holder of such license of the time, place and purpose of such hearing and a statement of the charge or charges upon which such hearing shall be held.

(1)

Once the business license manager becomes aware of any reason for a possible suspension or revocation, he/she shall place the matter for hearing by the license review board. A minimum of three days' notice of the hearing date shall be provided to the licensee.

(2)

Due cause for the suspension or revocation of such license shall consist of one or more of the following:

a.

The violation of any laws or ordinances regulating such business or for the violation of any state or federal law;

b.

Any change in the area where such business is located, which change is deemed by the board of commissioners to cause such business in such area to be undesirable;

c.

Any reason which would authorize the board of commissioners to refuse the issuance of a license;

d.

Any violation of this chapter; or

e.

A second offense of any violation of section 6-147(a).

(3)

Due cause hearing. The license review board at such hearing shall hear evidence of the circumstances of the possible due cause and after said hearing may recommend that the license to sell alcoholic beverages be suspended for a maximum of 12 months or revoked. The license review board, and the board of commissioners, if applicable, may consider mitigating and aggravating circumstances in considering sanctions, including but not limited to, attendance of a responsible alcohol sales and service (RASS) workshop, implementation and components of written policies, that employees have or do not have alcoholic beverage work permits, implementation and results of mystery shopper program, implementation and components of a training program, number of violations of business, number of violations of licensee, number of stores, length of time in business, compliance check was due to a complaint, identification was not checked, and any other facts deemed relative by the fact finder.

(4)

Affirmation by board of commissioners. If the license review board recommends suspension or revocation and the owner of the alcoholic beverage license, the licensee or both should fail to appeal such suspension or revocation recommendation, then the suspension or revocation shall become effective upon affirmation by the board of commissioners of such suspension or revocation recommendation and the owner of the alcoholic beverage license and the licensee shall be deemed to have acquiesced to such suspension or revocation. The board of commissioners shall, within 60 days of the license review board action, review a summary of the hearing before the license review board wherein the alcoholic beverage license was considered for suspension or revocation (the summary shall be prepared by the business license division manager) and the board of commissioners after such review may place the matter down for a hearing or affirm or alter the decision of the license review board. Should the board of commissioners place the matter down for hearing, the board of commissioners may suspend, for a maximum of 12 months, or revoke the alcoholic beverage license.

(5)

Appeal.

a.

In the event the license review board recommends that the alcoholic beverage license be suspended or revoked, the owner of the alcoholic beverage license, the licensee or both may file an appeal with the business license division manager of such recommendation within ten days to the board of commissioners. The board of commissioners shall conduct a de novo review and any additional evidence may be presented at the appeal hearing.

b.

If a hearing occurred before the board of commissioners, such decision is final unless appeal is made to the superior court of the county. Any aggrieved party may appeal a decision of the board of commissioners by filing a petition for writ of certiorari to the superior court within 30 days of the decision of the board of commissioners.

(h)

In all hearings held pursuant to this section, the proceedings shall be as informal as compatible with justice, the hearing shall be expedited and normally shall not exceed 30 minutes in length, and the following procedures shall prevail:

(1)

The charges and specifications against the licensee and the response as filed by the licensee shall be read.

(2)

The county representative shall present evidence, and then the licensee shall present his evidence, with opportunity for each party to present rebuttal evidence, examination and cross examination of witnesses, and interrogation by the board of commissioners. No evidence shall be presented which is not relevant to the charges.

(i)

In the event a license to sell alcoholic beverages is suspended a sign issued by the business license office shall be placed at each entrance to the facility wherein alcoholic beverages were sold with the sign providing, "THE LICENSE TO SELL ALCOHOLIC BEVERAGES ISSUED TO THE OWNER AND LICENSEE OF THIS BUSINESS HAS BEEN SUSPENDED FROM ____________ TO ____________ AS A RESULT OF SELLING ALCOHOLIC BEVERAGES TO AN UNDERAGE PERSON, AN INTOXICATED PERSON OR AN UNAUTHORIZED SUNDAY SALE." In the event a license to sell alcoholic beverages is revoked a sign issued by the business license office shall be placed at each entrance to the facility wherein alcoholic beverages were sold with the sign providing, "THE LICENSE TO SELL ALCOHOLIC BEVERAGES ISSUED TO THE OWNER AND LICENSEE OF THIS BUSINESS HAS BEEN REVOKED AS A RESULT OF SELLING ALCOHOLIC BEVERAGES TO AN UNDERAGE PERSON, AN INTOXICATED PERSON OR AN UNAUTHORIZED SUNDAY SALE." The sign shall stay in place for the period of suspension or in the case of a revocation for a period of 30 days.

(Ord. of 8-14-73, art. III, § 26; Ord. of 3-24-87; Ord. of 10-24-89, § I; Ord. of 5-11-93; Ord. of 4-26-94; Ord. of 3-25-97 (eff. 4-1-97); Code 1977, § 3-4-90; Ord. of 5-9-00; Ord. of 1-23-01; Ord. of 7-10-01 (eff. 1-1-02); Ord. of 7-27-04; Ord. of 7-26-05; Ord. of 7-25-06; Amd. of 2-24-09; Amd. of 2-25-14; Amd. of 2-23-16; Amd. of 3-27-18)