§ 6-23. Qualifications for issuance of a license.

Any person who desires to obtain a license for the retail sale of alcoholic beverages by the drink or by the package must meet the minimum qualifications set forth in this section. If the applicant is a partnership, each partner must meet the qualifications of any individual licensee and must make sworn statements of these qualifications as part of the application process. If the applicant is a corporation having as its principal business the sale of alcoholic beverages, the majority stockholder and each principal officer of the corporation, and the corporation must meet the qualifications of any individual licensee and must make sworn statements of these qualifications as part of the application process. If the applicant is a corporation having as its principal business an activity other than the sale of alcoholic beverages, the officer or employee of the corporation responsible for the operation of the licensed premises, and the corporation must meet the qualifications of an individual licensee and must make sworn statements of these qualifications as a part of the application process. If the applicant is a nonprofit tax exempt civic, patriotic, or social club or corporation which is organized and operating in the county as a mutual benefit membership group, such club or corporation may be licensed without reference to the financial interest qualifications of this section if no officer, director, trustee, manager, member, or stockholder therein can, in any event, derive any financial gain from the sale of alcoholic beverages by such club or corporation. The individual being primarily responsible for the club or corporation's compliance with this section must meet the qualifications of an individual licensee and must make sworn statements of these qualifications as part of the application process. If the applicant is a private club, each member of its governing body must meet the qualifications of an individual licensee and must make sworn statements of these qualifications as part of the application process. The specific qualifications are as follows:

(a)

No license shall be issued to an applicant who is under 21 years of age.

(b)

No license for the sale of alcoholic beverages may be issued to an applicant under the following circumstances:

(1)

An applicant who has been convicted under any federal, state or local law of a felony, particularly, but not limited to, those offenses involving alcoholic beverages, pornography, gambling, tax law violations or violations relating to the Georgia Controlled Substances Act (O.C.G.A. § 16-13-20 et seq.).

(2)

An applicant who has been convicted under any federal, state or local law of a misdemeanor involving alcoholic beverages, pornography, gambling, tax law violations or violations relating to the Georgia Controlled Substances Act, if such conviction indicates to the board of commissioners that the applicant will not maintain the outlet for which he is seeking a license in conformity with the federal, state or local laws, rules, and regulations.

(3)

Any applicant convicted of a felony who served any part of a criminal sentence, including probation within the ten years immediately preceding the date of receipt of submission of the application.

(4)

Any applicant who has been convicted of a misdemeanor who served any part of a criminal sentence, including probation within the five years immediately preceding the date of receipt of submission of the application.

(5)

An applicant who has been held in civil or criminal contempt by any federal, state or local court if such citation indicates to the board of commissioners that the applicant will not maintain the outlet for which he is seeking a license in conformity with federal, state or local laws, rules, and regulations.

(6)

An applicant for a license to sell distilled spirits by the package or an applicant for a consumption on the premises license who has been denied or has had revoked for cause within five years of the date of his application any license issued to him by the county and/or any other city, county and/or state to sell alcoholic beverages or an applicant for a package beer and wine license at an outlet in the county at which the license at that outlet has been revoked for cause within five years of the date of the application.

(7)

An applicant as determined by the board of commissioners, by reason of such applicant's business experience, financial standing, trade associations, personal associations, records of arrests, or reputation in any community in which he has resided, who is not likely to maintain the outlet for which he is seeking a license in conformity with federal, state, or local laws.

(8)

A location not suitable in the judgment and discretion of the board of commissioners due to one or more of the following conditions:

a.

Evidence of detrimental traffic conditions caused by insufficient parking or insufficient means of ingress and egress for vehicles to the establishment;

b.

Evidence that the location or the type of structure would create difficulty in law enforcement supervision or cause law enforcement to respond to a substantial increase in complaints; or

c.

Evidence that a license at the location would be detrimental to the property values in the surrounding area.

(9)

A location that is not in compliance with any federal, state or local regulation, including, but not limited to, a state certificate of occupancy or state fire marshal certificate of approval if the noncompliance has not been remedied by the applicant within a period of three months from the date of the application.

For purposes of subsections (b)(1) through (b)(3) of this section, a conviction under this chapter shall include any plea of guilty or admission of guilt and subsequent sentence under the First Offender Act of O.C.G.A. § 42-8-60, or any similar sentencing provision for first offenders of any other state or of the United States. A plea of nolo contendere for any felony or misdemeanor of any state or of the United States, or any municipal ordinance, except traffic violations, or the forfeiture of a bond (except traffic offenses) when charged with a crime is also considered a conviction under this chapter.

(c)

The applicant, whether it be an individual, a partnership, a corporation, a nonprofit tax exempt civic, patriotic, or social club, or a private club, shall be the owner of the premises for which the license is held or the holder of the lease thereon for the period covered by the license. If the premises are leased, a copy of the lease will be furnished to the county manager's office with the application. Except as otherwise provided in this subsection, it shall be unlawful for a licensee to enter into any agreement whereby the rental paid for the licensed premises is based in whole or in part on the volume of sales of alcoholic beverages by the licensed business or whereby the lessor otherwise shares in the profits or receipts from the licensed business's sale of alcoholic beverages, unless the board of commissioners grants a licensee an exemption from this provision. This subsection, however, shall not apply when the primary business of a package license is an activity other than the package sale of alcoholic beverages, for example, a grocery store selling package beer and wine.

(d)

The named licensee(s) shall be active in the operation of the outlet and personally present on the premises sufficiently to ensure compliance with the provisions of this chapter. If the owner of the outlet is a corporation, the corporation and its principal officers shall be responsible for the actions of the named licensee and the conduct of the licensed business. If the owner of the outlet is a partnership, each partner shall be responsible for the actions of the named licensee and the conduct of the licensed business. If the owner of the outlet is a nonprofit tax exempt civic, patriotic, or social club or a private club, the entity and its principal officers and/or governing body shall be responsible for the actions of the named licensee and the conduct of the licensed business.

(e)

No license for the retail sale of distilled spirits shall be issued to a person if that person, or a member of his/her immediate family, has any interest in more than two retail dealer licenses for the sale of distilled spirits, regardless of the degree of such interest. No person shall be issued a license for the retail sale of distilled spirits if that person, or a member of his/her immediate family, owns any interest in a liquor distillery, or wholesale distributorship.

(f)

No license to engage in the retail sale of alcoholic beverages by the drink or in the original package shall be granted or issued unless the location is, at the time such application is made, located within one of the zoning designations permitting such use as prescribed by the zoning ordinance or uniform development code of the county. Private clubs shall be exempt from the zoning classification requirements of this subsection and need not obtain such designations in order for a license to issue.

(g)

Distance restrictions are as follows:

(1)

There shall be no such distance restriction on the issuance of a license for the sale of any alcoholic beverages for consumption on the premises with respect to the proximity of the premises to a school building, educational building, school grounds, college building or church.

(2)

With the exception of grocery stores as defined by the state alcoholic beverage code, no license shall be issued for the sale of wine or malt beverages by the package where the outlet for such sales is located within 100 yards of the property line of any church building, school building, educational building, school grounds, or college building existing at the time of the application.

(3)

The provisions of subsection (g)(2) of this section do not apply to renewal of a license or to applicants seeking a new license if the location was licensed by the county to sell alcoholic beverages at any time during the 12 months immediately preceding such application.

(4)

For the purpose of this chapter, the schools or colleges referred to herein, shall include only such state, county, city, church, private, or other schools as teach the subjects commonly taught in the common schools and colleges of the state and expressly exclude buildings used by school officials solely for administrative purposes in which school children are not regularly taught. For purposes of this chapter, school and educational buildings shall also include day care centers if the day care centers receive state or federal funding for an educational program at the time of application. Distances shall be measured by the most direct route of travel on the ground according to O.C.G.A. § 3-3-21(c).

(5)

Unless waived by the county manager out of recognition of the absence of any school or church buildings in proximity to the outlet, all applications for a license shall have attached thereto a current certificate from a registered surveyor of this state showing a scaled drawing of the premises, the location or premises where the applicant desires to operate an alcoholic beverage outlet, and the distance in linear feet measured by the most direct route of travel on the ground from the subject applicant's structure to the nearest property line of each tract on which is located a church building, school building, educational building, school grounds or college campus building defined in subsection (g)(2) of this section.

(h)

No license shall be issued to any person who fails to comply with all the rules and regulations regarding the sale of alcoholic beverages contained in this chapter.

(i)

No license shall be issued to any person who owes any delinquent taxes, and/or assessments to the county.

(Ord. of 6-22-2016, Exh. A)