§ 10-66. Public hearing on application; approval by mayor.

(a)

All applications for licenses under this division shall be acted upon by the license review board, after a public hearing, after advertisement as required in this division. The recommendation of the license review board shall be reported to the mayor for action thereby. No license shall be issued until it has been approved by the mayor.

(b)

With the exception of those applications made in accordance with sections 10-126 and 10-127 of this chapter, the mayor shall deny, grant, or remand to the license review board, any alcoholic beverage license application within 60 calendar days of receipt of a recommendation from the license review board as well as each of the following: 1) a letter issued by the Atlanta Department of Fire Rescue confirming that the proposed licensed premises meets the requirements of the City of Atlanta Fire Prevention Code, according to plans which were submitted to and approved by the City of Atlanta Fire Marshall; 2) a notice issued by the board of health or health department of the county in which the proposed licensed premises is located signifying the compliance of the proposed licensed premises with the rules of the Georgia Department of Human Resources; and 3) a letter issued by the City of Atlanta Department of Community Development, Bureau of Buildings setting forth that the proposed licensed premises has been approved to operate its proposed business. With the exception of those applications made in accordance with sections 10-126 and 10-127 of this chapter, if the mayor does not receive the documentation described in sections (1), (2), and (3) of this subsection within six months of the mayor's receipt of the recommendation from the license review board, the alcoholic beverage license application shall expire without the necessity of any further action of the license review board, and no refund of any application fees shall be made to the applicant. Upon review of the license review board's recommendation and/or the record created during the license review board hearing, if the mayor determines there exists the need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. Additionally, where the mayor determines by reason of previously granted license that the application is for a location which may not comply with 10-88.1(a), the mayor shall remand the license application back to the license review board for further hearing on whether the proposed licensed location complies with 10-88.1(a). In remanding the application back to the license review board, the mayor shall provide written instructions to the license review board and the license and permit unit of the city's police department identifying specific issues and/or matters the mayor requires the license review board to conduct further hearing upon. An alcoholic beverage license applicant shall be provided with a five-day written notice stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing. All applications remanded to the license review board shall be scheduled for further hearing before the license review board no later than 30 days after the date of remand. If the mayor does not make a decision to grant or deny an application within the 60 calendar days provided, and does not choose to remand the application to the license review board, the application shall be approved or denied wherein the recommendation of the license review board shall become the final decision of the mayor. A decision by the mayor to deny an application may be appealed via Certiorari to the Superior Court of Fulton County.

(c)

For those applications made in accordance with sections 10-126 and 10-127 of this chapter, the mayor shall deny, grant, or remand to the license review board, any alcoholic beverage license application within 14 calendar days of receipt of a recommendation from the license review board as well as the documentation described in 10-66(b)(1)—(3). Upon review of the license review board's recommendation and/or the record created during the license review board hearing, if the mayor determines there exists the need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. In remanding the application back to the license review board, the mayor shall provide written instructions to the license review board and the license and permit unit of the city's police department identifying specific issues and/or matters the mayor requires the license review board to conduct further hearing upon. An alcoholic beverage license applicant shall be provided with a five-day written notice stating the specific issues and/or matters to be addressed on remand, along with the place, date and time of the remand hearing. All applications remanded to the license review board shall be scheduled for further hearing before the license review board no later than 30 days after the date of remand. If the mayor does not make a decision to grant or deny an application within the 14 calendar days provided, and does not choose to remand the application to the license review board, the application shall be approved or denied wherein the recommendation of the license review board shall become the final decision of the mayor. A decision by the mayor to deny an application made in accordance with sections to 10-126 or 10-127 may be appealed via Certiorari to the Superior Court of Fulton County.

(d)

The license and permits unit of the Atlanta Police Department shall make the final agendas for all license review board hearings regarding annual licenses to sell alcohol available for public notice by the close of business on the day that is one week prior to the date of each hearing. Such agendas shall be made available to the public at the reception area of the offices of the license and permits unit of the Atlanta Police Department and shall be on file with the municipal clerk's office.

(Code 1977, § 14-2049; Ord. No. 1999-82, § 1, 10-12-99; Ord. No. 2002-1, §§ 1, 2, 1-29-02; Ord. No. 2008-80(08-O-1676), §§ 1—3, 11-6-08; Ord. No. 2012-43(12-O-1072), § 1, 9-26-12; Ord. No. 2017-34(17-O-1326), § 1, 6-28-17 )