§ 78-45. Denial, suspension and revocation of license.

(a)

A business registration certificate or an application for a business registration certificate under this chapter may be denied, suspended or revoked only for due cause as defined in subsection (c) of this section. A business registration certificate may be denied or revoked only after a hearing before the board of commissioners upon a prior written notice to the applicant or licensee of the time, place and purpose of such hearing and a statement of the reason why the application would be denied or the certificate revoked. Three days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the board of commissioners may deem the circumstances justify. Unless the circumstances otherwise justify, the hearing shall be held no later than 30 days after the application is filed with the supervisor of the business license office, or after the supervisor has suspended a business license. The hearing before the board of commissioners shall follow the procedures specified in section 6-147(b).

(b)

The supervisor of the business license office may suspend a business registration certificate where there is evidence of due cause under subsection (c) of this section for revoking the license. Such action by the supervisor of the business license office shall be reported, in writing, to the board of commissioners. This action shall be reviewed at the next regular meeting of the board of commissioners, or, at the request of the license holder, a special meeting of the board of commissioners may be called within three days after such request is filed with the business license office. If the board of commissioners affirms the decision of the supervisor, then the license shall be permanently revoked. If the decision of the supervisor is reversed, then the license shall be returned to the licensee immediately.

(c)

A business registration application or certificate under this chapter may be denied, suspended or revoked only if one or more of the following exists:

(1)

The applicant or licensee has failed to obtain any paper or document necessary in pursuance of its business as may be required by any office, agency or department of the county, state or United States under authority of any law, ordinance or resolution of the county, state or United States.

(2)

The applicant or licensee has supplied false information to the supervisor of the business license office.

(3)

The applicant or licensee has violated any ordinance, law, or resolution that regulates such business.

(4)

The applicant or licensee has failed to pay any fee to the county, has failed to make a return or pay a tax due to the tax commissioner of the county, the county business license division, or any other agency of the county government or has otherwise failed to comply with the provisions of this chapter or any other chapter of this Code of Ordinances.

(5)

The applicant or licensee during the 12 months next preceding has engaged in misrepresentation of facts, whether through advertisement or through any form of direct communication, oral or written, which is intended to mislead the public or any party with whom the licensee deals in pursuance of the licensed business. By way of illustration only, and without limiting the scope of this subsection, the term "due cause" as used in this section shall consist of any act or practice designated as unlawful in O.C.G.A. § 10-1-393(b)(1)—(11) or declared by the administrator of the Fair Business Practices Act to be unlawful pursuant to regulations made under O.C.G.A. § 10-1-394, subject to the exemptions contained in O.C.G.A. § 10-1-396.

(6)

Allowing any condition on the licensed premises that endangers public health or safety.

(d)

Anything to the contrary notwithstanding, if a health certificate is required for the operation of the business, a conditional business registration certificate may be issued for a period of 60 days, so as to allow compliance with the rules and regulations of the county health department; provided, however, that the applicant may not commence operations of any food service establishment, as that term is defined by Official Code of Georgia Annotated, unless and until it receives a health permit from the county health department pursuant to O.C.G.A. § 26-2-371. Upon issuance of a valid health permit by the county health department, the conditional business registration certificate shall automatically, by virtue of this subsection, be converted into an annual business registration certificate under the terms of this chapter, effective as of the date of its issuance.

(Ord. of 10-25-94; Code 1977, § 3-7-18; Ord. of 6-27-95(1); Ord. of 8-10-99; Ord. of 1-23-01; Ord. of 7-10-01, #5; Amd. of 8-9-16)