§ 3-34. Wearing of alcohol sales permits; application to alcohol control commission; fingerprinting, photographing and other investigation by the police department; employment of person without card; expiration on employee's birthday.

(a)

Any person who works in a retail outlet for the sale of liquor by the package or whose principal responsibility is the service of food or beverage in an alcohol pouring outlet, whether or not such person is an employee of such retail outlet or pouring outlet, shall apply to the police department for an alcohol sales permit, which shall expire on the person's birthday and be renewable on or before that time on a year to year basis. The fee for the card shall be set forth in the fee schedule book of the city as provided in section 8-36.

(b)

While on duty serving or selling alcohol of any type, every person required to hold an alcohol sales permit under subsection (a), whether or not an employee of the outlet, shall have his alcohol sales permit conspicuously displayed on his person at all times.

(c)

Applicants for an alcohol sales permit shall make written application to the police department and shall make themselves available for photographing, fingerprinting and such other investigating as may be required by the police department.

(d)

The City of Rome police department shall review the application and investigate permit applicants. The police department shall issue and renew an alcohol sales permit to applicants who complete the necessary applications and paid the applicable fees, unless the applicant:

(1)

Has been convicted of or pled guilty to any state or federal felony offense involving violence within the preceding ten years of the application date,

(2)

Has been convicted of or pled guilty to any state or federal felony offense within the preceding three years,

(3)

Has been convicted of or pled guilty to any state or federal misdemeanor offense involving forgery, identity theft, credit card fraud or theft within the preceding three years;

(4)

Has been convicted or pled guilty to two or more offenses of selling, serving or providing alcohol to a minor within a twelve-month period, provided that the most recent conviction or guilty plea occurred within the preceding 12 months; or

(5)

Is ineligible to serve or sell alcohol under the laws of the State of Georgia.

(e)

No alcohol licensee holder under the provisions of this chapter shall hire any person for, nor permit any person to work or assist in, sales at an alcohol pouring outlet or a retail outlet for the sale of liquor by the package, until such person has procured an alcohol sales permit as prescribed in this section.

(f)

The police department may provisionally grant an alcohol sales permit to an applicant, pending investigation and report. Where the report, when received, demonstrates that the applicant fails to meet the requirements of this section, the department shall revoke the permit and demand its return.

(g)

Adjudications of alleged violations of this section shall be held in municipal court.

(h)

Any holder of an alcohol sales permit found guilty of a violation of this chapter or of any State of Georgia law concerning the sale of alcohol or the furnishing of alcohol to minors shall have, in addition to any other punishment allowed by law, their permit suspended for a period of 30 days. The municipal court judge may, in his or her discretion, elect to suspend all but ten of the suspension days, if the facts and circumstances warrant such reduction. Upon being found guilty of a second violation of this chapter or of any State of Georgia law concerning the sale of alcohol or the furnishing of alcohol to minors, within a twelve-month period, the permit holder shall have, in addition to any other punishment allowed by law, his or her permit suspended for a period of 12 months. The municipal court judge may, in his or her discretion, elect to suspend all but two months of the suspension days, if the facts and circumstances warrant such reduction. During any period of suspension, the permit holder shall surrender such permit to the police department.

(i)

It shall be unlawful for an employee whose alcohol sales permit has been revoked, and upon whom demand for surrender such permit has been made, to refuse to so surrender, or to alter, conceal, deface or destroy the permit.

(j)

An applicant denied an alcohol sales permit on the basis of item (d)(5) above may appeal to the alcohol control commission for a hardship variance. Upon appeal, the alcohol control commission shall conduct a hearing and may reduce the period of time within which an applicant must wait to receive an alcohol sales permit if the applicant shows good cause why granting said permit would not endanger public health, safety or welfare, based on the facts and circumstances of each individual application.

(k)

For the purposes of subsections (d)(5) and (h), a plea of nolo contendere shall be treated as a conviction.

(Code 1959, § 4-56; Ord. No. 81-1-3, § 1, 1-26-81; Ord. No. 82-10-1, § 1, 10-18-82; Ord. No. 83-4-10, § 1, 4-18-83; Ord. No. 87-6-10, § 1, 6-15-87; Code 1981, § 9-2094; Ord. No. 97-4-3, §§ I, II, 4-21-97; Ord. No. 98-2-2, § I, 2-16-98; Ord. No. 2008-12-3, § I, 12-15-08; Ord. No. 2009-11-1, § I, 11-16-09; Ord. No. 2010-4-1, § I, 4-19-10)

Editor's note

Ord. No. 2008-12-3, § I, adopted Dec. 15, 2008, amended § 3-34 title to read as herein set out. Former § 3-34 title pertained to wearing of employee identification cards; application to police department, fingerprinting, photographing; employment of person without card; expiration on employee's birthday.