§ 6-16. Handling permit required.

(a)

An employee handling permit shall be required for:

(1)

Any employee of a package licensee whose primary business is the sale of alcoholic beverages.

(2)

Any employee of a package licensee who sells alcoholic beverages in a convenience store or service station.

(3)

Any employee of a consumption on the premises licensee who serves or works in the serving area, including bar or lounge area of the licensed premises, and sells, serves, takes orders for, or handles alcoholic beverages.

(b)

No licensee shall employ any person required to have a handling permit until such person has been fingerprinted or cleared by the chief of police and a permit issued indicating that such person is eligible for this employment.

(c)

Qualifications. An employee shall meet the same character requirements as set forth in this chapter for the licensee except for the residency requirements. The term "moral turpitude" as defined is conduct that is considered contrary to community standards of justice, honesty or good morals. Crimes involving moral turpitude have an inherent quality of baseness, vileness or depravity with respect to a person's duty to another or to society in general. No permit will be issued while any outstanding warrant exists on which service has not been perfected.

(d)

Approval for employment. Before any person may work on a regulated premises, he shall file an application to obtain a work permit from the police department. The city shall have 15 days to investigate the information required of the employee. If the employee is found to be of good moral character, the permitting officer shall grant approval for employment. Upon approval, the employee may begin working on the regulated premises. If approval is denied, the prospective employee may, within ten days of such denial, apply to the chief of police for a hearing. The decision of the chief of police after hearing may be appealed within ten days thereafter to city council who shall issue such order as is required. The decision of the city council may thereafter be appealed, within 30 days, to DeKalb Superior Court. An investigation fee in an amount set by the city council shall accompany the application.

(e)

Access to criminal history records information "CHRI". This Code section 6-16 "Handler permit required" requires a state and national criminal back check of persons engaged in handling alcoholic beverages as defined in this Code. This section is enacted pursuant to O.C.G.A. § 35-3-35 to regulate the issuance of permits of the employment of those engaged in handling alcoholic beverages. An applicant, employee, or volunteer seeking to engage in the handling of alcoholic beverages shall submit, if required, two sets of his/her fingerprints taken by the Chamblee Police Department as set out in subsection (f).

(f)

Application. An application for a permit shall include the applicant's legal name, all of the applicant's aliases and/or any other name by which the applicant has ever been known, address, business name and address, date of birth with the written proof thereof, and prior arrest record of the applicant. The police department shall make a complete search relative to any police record of the applicant. A complete set of fingerprints of each applicant shall be required. Upon receipt of the fingerprints and the appropriate fees, the police department will transmit both sets of fingerprints and appropriate fees (unless a satisfactory billing arrangement has been entered into between the police department and GCIC and/or FBI) to GCIC. GCIC will compare the subject's fingerprints against its criminal file and submit the fingerprints to the FBI for comparison with nation-wide records, unless submission to the FBI is automatic pursuant to the use of live-scan. The results of the FBI check will be returned to the police department if submissions are manually sent to GCIC, or electronically from both the GBI and FBI where submissions are made electronically to GCIC.

(g)

Fitness determination. In rendering a fitness determination, the police department will decide whether the record applicant has been convicted of, or is under pending indictment for enumerated disqualifiers, as set forth in subsection (h) below.

(h)

Disqualifiers.

(1)

Any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of the application for such license.

(2)

Any person who has been convicted under any federal, state or local law of any misdemeanor involving moral turpitude, within ten years prior to the filing of the application for such license.

(i)

Right to a copy of criminal history. A record applicant may request and receive a copy of his/her criminal history record information from the police department. Should the record applicant seek to amend or correct his/her record, he/she must contact GCIC as to state records and/or the FBI for records from other jurisdictions maintained in its file.

(j)

The chief of police shall have a complete and exhaustive search made relative to any police record of the person fingerprinted or cleared. If there is no record of a violation of this article, the chief of police shall issue a handling permit to the employee, stating that the person is eligible for employment.

(k)

A new search may be conducted on any person issued an employee handling permit if the police department receives information which warrants such a new search. If the new search reveals evidence that warrants revocation of the permit, the permit may be revoked following notice and a hearing.

(l)

All permits issued through administrative error or through an error in completion of a background investigation may be terminated by the chief of police. The chief of police may also revoke an employee's handling permit and demand its return where the employee violated the provisions of this chapter or becomes one who adversely affects the public health, safety or welfare.

(m)

Only one handling permit per individual will be issued and said permit shall be valid for employment at any package licensee or consumption on the premises licensee within the city. The permit shall be valid for a period of one year and may be renewed on or before its expiration. The fee for a handling permit shall be set by the city council.

(1)

An adult entertainment permit embossed with "alcohol" issued under section 22-109 shall meet the requirements as set out in subsection (a).

(n)

Any conviction for a violation of the provisions of section 6-10 of this chapter shall result in the automatic suspension of the handling permit.

(1)

Upon the first offense, a server or handler providing alcoholic beverage to an individual under 21 years of age may have such individual's handling permit suspended for six months.

(2)

A second offense within two years may result in a suspension of the handling permit for one year.

(3)

A third offense within two years shall result in the forfeiture of the right to sell or serve alcoholic beverages in a licensed establishment in the city.

(o)

All permits issued under this section remain the property of the city, and shall be produced for inspection upon the demand of any officer of the police department. It shall be unlawful for an employee whose handling permit has been revoked and upon whom demand for return of the card has been made to refuse to return the card or to alter, conceal, deface or destroy the card.

(p)

An employee shall provide his employer with a legible copy of his permit, which copy shall be maintained by the employer as part of its business records.

(Ord. No. 496, 1-4-01; Ord. No. 727 , pt. I, 11-15-16; Ord. No. 735 , pt. I, 2-21-17; Ord. No. 754 , pt. VIII, 10-16-18)