§ 30-26. License review board.

(a)

There is created a license review board of the city to be composed of seven members who shall be residents of the city appointed by the mayor and approved by the council. One of the members of the board shall be an attorney-at-law. One of the members of the board shall be the president of the planning advisory board (APAB) or the president's designee. No employee or elected official of the city shall be appointed to the board nor shall any person be appointed who holds any interest in any license issued under the police powers of the city. The members of the board shall serve for two-year terms.

(b)

The board shall hold a minimum of two meetings in any calendar month and the meetings shall be held in any municipal building and shall be open to the public. Each member of the board shall be paid $100.00 per meeting or $100.00 per day of any adjourned meeting. In addition to the regular compensation, the member who writes the board's findings and recommendations shall be paid $100.00. Administrative and legal services as may be required by the board shall be furnished by departments and agencies of the city.

(c)

The functions of the board shall be to:

(1)

Review all applications for permits, other than work permits and taxicab permits, issued under the police power of the city which are referred to the board by the mayor or the commissioner of public safety or a designated agent with a statement thereon indicating whether or not such application meets the legal requirements for the issuance of such permit. The board shall make a favorable or unfavorable recommendation thereon to the mayor in accordance with the applicable sections of this Code or other ordinances and state statutes regulating the issuance of such permits and licenses;

(2)

Hear all appeals that may be filed from the denial, suspension or revocation of any work permits by the police chief or that may be filed under chapter 138, article VI, pertaining to outdoor festivals, from the denial or classification of any application for an outdoor festival permit by the commissioner of parks and recreation and make recommendations on those appeals to the mayor in accordance with the applicable sections of this Code or other ordinances and statutes of the state; and

(3)

Unless otherwise provided, conduct hearings on any charges which may be brought against any licensee under the police powers of the city where those charges may be the basis for suspension or revocation of the license and to report its findings and recommendations to the mayor.

(d)

During all hearings before the board, formal legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall follow the Georgia rules of evidence regarding privileges.

(e)

All votes of the board shall be announced in public.

(f)

All recommendations of the board made in accordance with this section, shall be delivered to the mayor within three business days of the public announcement of the vote of the board on such recommendations.

(g)

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, § 14-6004; Ord. No. 2001-16, § 1, 2-24-01; Ord. No. 2008-80(08-O-1676), § 4, 11-6-08; Ord. No. 2012-43(12-O-1072), § 3, 9-26-12)

Charter reference

Boards and commissions, § 3-401.

Cross reference

Boards, councils, commissions and authorities, § 2-1851 et seq.