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Rome |
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Code of Ordinances |
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Part III. CODE |
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Chapter 3. ALCOHOLIC BEVERAGES |
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Article VI. CONSUMPTION ON THE PREMISES |
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Division 2. LICENSE |
§ 3-306. Renewal, suspension, revocation, and monetary sanction.
(a)
Renewal. The provisions set forth in sections 3-80 and 3-182 shall apply to the renewal, suspension, and revocation of licenses under this article.
(b)
Summary action. There shall be no summary seizure of licenses under this division, unless there exists in the city a state of emergency duly declared; after any such seizure, a hearing shall be held as soon as practicable.
(c)
Action by city commission. The alcohol control commission may recommend to the city commission to suspend, refuse to renew, place on probation, or revoke a license under this article, and to impose a monetary sanction not to exceed $2,000.00, under the conditions set forth in this section. Then the city commission shall have full power and authority to suspend, refuse to renew, place on probation, or revoke a license under this article, and to impose a monetary sanction not to exceed $2,000.00 under the conditions set forth in this section. Before taking any such action except suspending a license for failure to pay an imposed monetary sanction when due, the city commission shall require a hearing, either before it or the alcohol control commission, at least five days' notice of which hearing shall have been given to the affected licensee. Sufficient grounds for the suspension, refusal to renew, probation, revocation of a license, or imposition of a monetary sanction include, but are not limited to, the following:
(1)
A licensee has failed to open a business within six months after approval of the license.
(2)
A licensee has ceased to operate the business for a period of three consecutive months.
(3)
A licensee, or such licensee's employee or agent, has sold alcoholic beverages during a period of suspension.
(4)
A licensee gave false or misleading information in the original application or renewal process.
(5)
A licensee has failed to pay any fee, license fee, or other amount of money due to the city under this chapter or any other city-licensing ordinance.
(6)
A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this article.
(7)
A licensee, or such licensee's employee or agent, has served or sold 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)
A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person under the age of legal consumption in the State of Georgia.
(9)
A licensee, or such licensee's employee or agent, has violated any other law, ordinance, or regulation governing the operation of an establishment licensed to sell alcoholic beverages or which is reasonably related to the operation of such establishment.
(10)
A licensee, or such licensee's employee or agent, has violated any other section of this chapter.
(11)
A licensee, or such licensee's employee or agent, has been convicted or pled guilty or no contest to any violation of its license to sell or distribute alcoholic beverages issued by the State of Georgia Department of Revenue, City of Rome, Floyd County and/or Floyd County Sheriffs Office.
(12)
A licensee has failed to satisfy the criteria for obtaining a license to sell alcoholic beverages under this article.
(13)
A licensee, or such licensee's employee or agent, has violated any federal, state, or local laws or ordinances relating to the use and sale of drugs and alcoholic beverages.
(14)
When the continued operation of the licensed business is detrimental to the health, safety, or welfare of the public.
(d)
The failure of a licensee to pay when due any monetary sanction assessed pursuant to the terms of this chapter of the Code shall result in the immediate suspension of all alcohol licenses issued by the city to such licensee. A suspension under this subsection shall continue until all monetary sanctions and other sums due the city by the licensee are paid in full.
(Code 1959, § 4-50.1; Code 1981, § 9-2076; Ord. No. 2013-2-1, § V, 2-11-13)