§ 10-109. Procedures.

(a)

As used in this chapter, the term "due cause" for the denial of applications for all new alcoholic beverage licenses, or for the transfer of location or the transfer of ownership, or for revocation, suspension or refusal to renew any license, or for the assessment of a fine in regard to any license includes but is not limited to the following:

(1)

The solicitation on the licensed premises by a licensee or by any employee of the licensee, for the licensee or employee or for any person other than a patron and guest of a patron, the purchase by the patron of any drink, whether alcoholic or nonalcoholic, or money with which to purchase the drink; the paying by a licensee of a commission or any other compensation to any person frequenting the establishment of the licensee or to the agent, employee or manager of the licensee to solicit the purchase by the patron of any drink, whether alcoholic or nonalcoholic. For purposes of this subsection, neither the licensee nor any employee of such licensee shall be considered a guest of any patron.

(2)

The selling to or serving of any alcoholic beverage to any person below the age of 21 years; or permitting the entrance of anyone under 21 years of age in violation of section 10-12; or failure to post a sign pursuant to section 10-14.

(3)

The conviction of any felony reasonably related to the ability of the licensee to operate and maintain the premises in a proper manner.

(4)

The violation of any state law or regulation governing the manufacture, sale, distribution or transportation of alcoholic beverages.

(5)

The violation of any section of O.C.G.A. tit. 10, ch. 1, art. 15, pt. 1 (O.C.G.A. § 10-1-370 et seq.), the Uniform Deceptive Trade Practices Act, reasonably related to the operation of licensed establishments.

(6)

Permitting the solicitation of patrons on the licensed premises for prostitution or any other unlawful act where the licensee or the licensee's employee or agent knew or should have known of such conduct.

(7)

The selling or serving of any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication.

(8)

The failure to comply with any and all federal, state or municipal tax laws and regulations applicable to the operation of establishments licensed to sell alcoholic beverages.

(9)

The failure to furnish any and all data, information and records related to the operation of licensed establishments, when such has been requested by the department of police or the license review board.

(10)

The failure to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in section 10-57.

(11)

The failure to obtain prior approval of the mayor after hearing by the license review board for changing the type of establishment operated pursuant to section 10-62.

(12)

Failure by the licensee to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises or on any property owned or leased by the licensee, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of a licensed establishment, in order to protect the safety and well-being of the general public and of those utilizing the premises.

(13)

The violation of chapter 94, which violation shall be evidenced by receipt of an order by the human relations commission which shall contain findings of discrimination pursuant to such chapter.

(14)

The violation of any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which are reasonably related to the operation of such establishments.

(15)

The failure of a license whose licensed premises directly abuts a public street directly to maintain all property outside the lot and property line and inside the curb line upon the public street, including any sidewalk. Said duty to maintain the above-designated property must be accomplished within reasonable time after the close of business each day. "Maintain" as used in this subsection shall mean keeping the specified area free of bottles, cups, trash and other debris. "Within a reasonable time" as used in this subsection shall mean within four hours of the close of business.

(16)

The violation by either the owner, the licensee, the management, an employee, an independent contractor, or anyone acting as an agent for or on behalf of any establishment licensed to sell alcohol of any of the city's ordinances which pertain to the posting of signage and/or banners found in chapters 138 and 16-28A of the City of Atlanta Code of Ordinances if such violation is reasonably related to the operation of the licensed establishment and the owner or licensee knew or should have known of the posting. The director of the bureau of buildings, or his designee, shall report all violations of such ordinances of which the bureau of buildings is aware to the City of Atlanta Police Department's Licenses and Permits Unit within ten days of the occurrence of such violation.

(17)

The violation by either the owner, the licensee, the management, an employee, an independent contractor, or anyone acting as an agent for or on behalf of any establishment licensed to sell alcohol of the city's noise ordinance found in chapter 74 of the City of Atlanta Code of Ordinances or of section 10-60(a)(4)(3) if such violation is reasonably related to the operation of the licensed establishment and the owner or licensee knew or should have known of the violation of the noise ordinance.

(18)

The failure of an applicant for renewal that is exempt from the certain distance requirements as provided in section 10-88.1, to provide the police department with a statement from a certified public accountant evidencing that the package store derived less than the percentage established by ordinance of gross receipts from the sale of alcoholic beverages shall result in the denial of a renewed license.

(19)

Permitting the sale of illegal drugs on the licensed premises where the licensee or the licensee's employee or agent knew or should have known of such conduct.

(b)

Upon a finding of due cause, the mayor shall have the authority to deny applications for new licenses or for transfer of location or transfer of ownership and to revoke, suspend or refuse to renew any license issued by the city to any licensee under this division. The decision of the mayor may be appealed via Certiorari to the Superior Court of Fulton County.

(c)

No application for a new license or for a transfer of location or transfer of ownership shall be denied and no license issued by the city or any license under this division shall be revoked, suspended or refused renewal except upon a finding of due cause and after a hearing and upon a five-day written notice to the licensee, stating the place, date, time and purpose of such hearing and setting forth the charge upon which the hearing shall be held. The commander of the licenses and permits unit, or his designee, shall notify the commissioner of the DPDNC, or his designee, regarding any adverse action being taken on any application for a renewal license to sell alcohol or on any proposed revocation of a current license to sell alcohol. The commander of the licenses and permits unit, or his designee, shall also notify the city councilmember who represents the district within which the licensed establishment, which is subject to adverse action is located and all at-large councilmembers regarding the adverse action. Such notice shall provide the date, time and place of any hearing regarding the adverse action. The commissioner of the DPDNC, or his designee, shall then notify both the chairperson and the vice chairperson of the NPU in which the licensed establishment is located regarding the hearing. Such notice shall provide the date, time and place of any hearing regarding the adverse action.

(d)

The license review board shall conduct the hearings and report its conclusions and recommendations to the mayor. The mayor, upon receiving the report, may deny applications for new licenses or for transfer of location or transfer of ownership and may revoke, suspend or refuse to renew any license in accordance with section 10-109.1. Except as provided in section 10-109.1, in lieu of revocation or the failure to renew, the mayor may impose a fine upon any licensee holding a license to sell alcoholic beverages for on-premises consumption, such fine not to exceed $2,500.00 for each violation. For each violation pertaining to other licenses issued pursuant to this chapter, except as provided in section 10-109.1, the mayor may impose a fine in an amount not to exceed $1,000.00 in lieu of revocation or the failure to renew occurring on the licensed premises. The decision of the mayor may be appealed via Certiorari to the Superior Court of Fulton County.

(e)

After denial, revocation or the failure to renew a license, the mayor, upon the recommendation of the license review board and after a hearing by the board, may refuse to accept or consider any application for a license to operate at the location for the sale of alcoholic beverages for a period of 12 months from the time of denial, revocation or failure to renew such license; however, any new application for licensure at such location shall ask of the new applicant whether the location has been denied, revoked or not renewed under this division. For purposes of this subsection the 12-month period as stated in this subsection shall be tolled during any period of time that an appeal is pending of said refusal to accept or consider any application, or any period of time that by operation of law the city cannot enforce said refusal to accept or consider any application, or any period of time during which there is in place a valid, voluntary agreement between the city and the entity whose application the mayor has refused to accept or consider to not enforce the mayor's decision pending the outcome of litigation in any way involving said refusal to accept or consider any application.

(f)

For due cause, if a violation of this chapter occurs which results in an emergency situation in which continued operation of the premises by the licensee endangers the health, welfare or safety of the public, the mayor or the mayor's designee may suspend any license. Any such suspension may be made effective immediately and shall remain in force until the next regular or called meeting of license review board.

(g)

The mayor may, upon a finding of due cause, deny, revoke, suspend or refuse to renew any license upon a determination that public convenience and advantage would not be promoted by the approval of an applicant's application. In making such a determination the mayor may consider the general welfare and safety of the community, noise, parking and traffic with reasonable consideration being given to the character of the area and its peculiar suitability to the proposed uses and the stability of the neighborhood as they may be impacted by the proposed licensed premises. The decision of the mayor may be appealed via Certiorari to the Superior Court of Fulton County.

(h)

Property owners of licensed premises will be responsible to a reasonable extent for unlawful activity which occurs on their premises on a regular basis such that the property owner knows or should have known that such unlawful activity was taking place on the licensed premises. If' it appears that such activity was encouraged or if it appears that the property owner could have prevented such activity, in addition to being authorized to deny, revoke and refuse to renew the license, the mayor shall be authorized to deny the issuance of any license under this division at that location for a period up to two years from the occurrence of such unlawful activity, and such property shall also lose its permitted and nonconforming uses for the same period. Such a decision by the mayor may be appealed via Certiorari to the Superior Court of Fulton County. At the time an application is submitted, the applicant shall also submit a form, provided by the department of police and signed by the property owner of the proposed licensed premises, which states that the owner has been notified of this section. Property owners will not be responsible for unlawful activity on their property unless they have first been warned in writing by certified or registered mail, at least once, that such activity was occurring on the property. Property owners shall only be responsible for unlawful activity similar to that about which they were warned. However, this section does not require that such owners be notified about every instance of unlawful activity occurring on their property.

(i)

The provisions of section 10-109 shall supersede any and all other provisions of the City Code of Ordinances with which there exists a conflict.

(j)

The provisions of section 10-109 shall apply in all respects to anyone seeking to obtain a license or to the holder of a license to sell alcoholic beverages in a leased location within a licensed premise.

(k)

Final decisions of the mayor to deny an application for a new license or permit, to deny a transfer of location or transfer of ownership, or to revoke, suspend or refuse to renew a license or permit, or to impose a fine upon any license or permit under this chapter may be appealed via Certiorari to the Superior Court of Fulton County.

(Code 1977, § 14-2083; Ord. No. 1998-49, § 1, 7-13-98; Ord. No. 1999-64, § 2, 9-16-99; Ord. No. 1999-72, §§ 1, 2, 9-30-99; Ord. No. 2001-6, § 4, 1-23-01; Ord. No. 2001-26, §§ 3, 4, 3-27-01; Ord. No. 2001-78, § 2, 11-13-01; Ord. No. 2001-94, § 3, 12-11-01; Ord. No. 2002-89, § 4, 12-10-02; Ord. No. 2003-106, § 3, 11-24-03; Ord. No. 2005-11, § 1, 2-28-05; Ord. No. 2005-90, § 1, 12-13-05; Ord. No. 2006-45, § 2, 7-25-06; Ord. No. 2012-43(12-O-1072), § 2, 9-26-12; Ord. No. 2013-40(12-O-1734), § 2, 8-28-13 )