§ 6-37. Application.

(a)

Application required.

(1)

Every person desiring a license required by this chapter shall make an application therefore. Such forms necessary for such application shall be furnished by the city.

(2)

Each application shall be accompanied by a nonrefundable investigation fee as set forth in the schedule of fees and charges.

(b)

Types of applicants.

(1)

Business applicant.

a.

The applicant applying on behalf of a business shall be the owner of the proposed business if the business is solely owned or the co-owner if a partnership or firm. If a proposed licensee is a corporation, the applicant may be the president, a vice-president, secretary or treasurer of the corporation or the corporation's general manager at the particular business location. Otherwise, no other individual may qualify as an applicant on behalf of a business.

b.

Corporate applicants must either be incorporated in the state or must have registered to do business in the state through the secretary of state's office.

(2)

Hotel or motel applicant. Hotel and motel corporations and their franchise restaurant corporations operating as contemplated in these regulations are authorized to apply for and to hold a retail consumption license in their corporate names. They shall name on such application an agent and/or manager actively employed in the operation of such hotel, motel or franchise restaurant who shall be responsible for operation under such license and who shall qualify in all respects under these regulations. Should such manager and/or agent leave the employment of the hotel or motel corporation or its franchise restaurant corporation in the city, a new agent and/or manager shall be named and the city notified by the licensee within ten days thereafter.

(3)

Individual applicant.

a.

The applicant applying for a license under this chapter on behalf of an individual shall list the following on the application and, if issued, the license shall indicate the following as licensees:

1.

The business operation;

2.

The owner if the business is solely owned;

3.

Each co-owner if the business is a partnership or firm; and

4.

The general manager of the particular business location.

b.

Each individual licensee shall be a citizen of the United States or a permanent resident alien as defined by the immigration and nationality laws of the United States.

c.

Each licensee shall have been and continue to be a resident of the state for the period of three years immediately preceding the date of application.

d.

No licensee shall have been convicted nor have entered a plea of nolo contendere within the ten years immediately preceding the date of application for any felony or crime involving moral turpitude. In those instances involving corporations, this prohibition shall also apply to the corporation's president, vice-president, secretary, treasurer and all stockholders owning 20 percent or more of the corporation's stock.

(c)

Residency required. All applicants for licenses under this chapter shall be bona fide residents of the state at the time of the filing of the application and shall remain a bona fide resident of the state during all times that the license and any renewal thereof is in effect. All applicants and all registered agents shall be at least 18 years of age.

(d)

Registered agent required.

(1)

All applications for licenses under this chapter shall nominate and name in the application one or more residents of the state, as the registered agent and representative of the applicant to receive all communications, notices, services or process or other papers or documents, on behalf of the applicant in connection with any matter arising out of or connected with the issuance, holding, suspension, revocation or other action with respect to any city license. The applicant shall give the mailing address of such registered agent, and the mailing to any registered agent at that address of any notice required to be given under this chapter or any other law shall be sufficient notice to the applicant/licensee.

(2)

Such registered agent shall be a representative of the licensee and must be approved by the director or his/her designee. The director shall refuse to approve any registered agent who is not a bona fide resident of the state or who has been convicted, within the ten years preceding his/her nomination, of any felony of any kind or any misdemeanor relating to an alcoholic beverage business or any state law or county or municipal ordinance violation relating to any alcoholic beverage business.

(3)

If any registered agent shall cease to be a representative of the licensee or shall cease to be a resident of the state or in any manner ceases to meet the requirements of this section, the licensee shall notify the director or his/her designee in writing of such event and shall nominate a new registered agent within five days after such event occurs. Such new registered agent shall meet the requirements of this section and must be approved by the director or his/her designee. The city shall charge a fee as set by resolution of the city council, which amount shall remain in effect until modified or amended by subsequent resolution adopted by the city council, for a change of the licensee's registered agent; provided, however, that if the licensee fails to notify the city and nominate a new registered agent within said five-day period, then the city shall charge a fee as set by resolution of the city council, which amount shall remain in effect until modified or amended by subsequent resolution adopted by the city council, for a change of the licensee's registered agent and/or revoke the licensee's license.

(e)

Application contents.

(1)

The application for a license under this chapter for businesses, corporations, government entities, individuals or any other type of applicant shall contain, under oath, the following information and documents:

a.

Name and address of each applicant and each person who would have an interest in the license, however, including only those stockholders owning 20 percent or more of the corporation's stock;

b.

Name and the address for the past ten years of each individual licensee, including registered agent where necessary;

c.

A current photograph of the applicant taken by the city police department;

d.

Fingerprints of the applicant to be taken by the county sheriff department;

e.

Description of the business operation, its location and facilities;

f.

Blueprint or scale drawing of the business facilities;

g.

Survey indicating the location of the business and the distance to the nearest residence, school, church, library and alcoholic treatment center as specified in section 6-35 of this chapter; and

h.

Such other information and documents as may be required by the department.

(2)

The application shall also contain a form of oath providing that the information disclosed in the application is true and correct, and providing further that the applicant will abide by, observe and conduct his or her business according to the rules and regulations prescribed by the city, the acts of the general assembly, known as the Georgia Alcoholic Beverage Laws and Regulations 1986 Edition, as now or hereafter amended, and the rules and regulations of the state department of revenue in respect thereto. The oath shall be taken by the applicant and the agent in charge of the establishment if different from or additional to the applicant.

(f)

Misleading, omitting or proving obsolete information.

(1)

Any untrue or misleading information contained in or material omission left out of an original or renewal application for an alcoholic beverage license shall be cause sufficient for the denial thereof.

(2)

Any information that changes or otherwise becomes obsolete shall be reported immediately.

(3)

When any license that is issued on the basis of an application containing misleading or untrue information or omitted or unreported changed material information, such circumstances shall be cause for revocation of same.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )