§ 6-44. Application for license.

(a)

Access to criminal history records information "CHRI". This Code section 6-44 "Application for license" requires a state and national criminal background check of persons engaged in operating an alcoholic beverage establishment as regulated in this Code. This section is enacted pursuant to O.C.G.A. § 35-3-35 to regulate the issuance of licenses to sell alcoholic beverages. The primary applicant and each additional applicant for an alcoholic beverage license shall submit two sets of his/her fingerprints taken by the Chamblee Police Department. Applicants must submit their fingerprints and pay the required fee to the police department prior to, but not more than 60 days before, the filing of a completed application form.

(b)

All persons desiring to sell alcoholic beverages shall make application on the form prescribed by the city clerk.

(c)

The application shall include but shall not be limited to the name, address, and completed personnel statement of the primary applicant; the proposed business to be carried on; the name and address of the business establishment; the names, addresses, and completed personnel statements of all other individuals with an influential interest in the establishment (additional applicants); and the name and address of the agent for service of process. An applicant shall supplement the information provided in its application in writing by certified mail, return receipt requested, to the city clerk within ten working days of a change of circumstances which would render the information originally submitted inaccurate or incomplete.

(d)

The application shall include signed and sworn affidavit(s) verifying each applicant's lawful presence in the United States as required by O.C.G.A. § 50-36-1.

(e)

The application shall include a signed and sworn affidavit attesting that the establishment either uses the federal work authorization program in accordance with federal regulations or that the applicant employs fewer than 11 people or otherwise does not fall within the requirements of O.C.G.A. § 36-60-6.

(f)

To ensure compliance with the provisions of this chapter, all applicants shall furnish such data, information, and records as required by the city clerk on an application form supplied by the city clerk, or any supplemental written request by the clerk. Failure to furnish such data shall serve as a ground to deny the application.

(g)

All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths.

(h)

Fitness determination. The police department will consider whether the applicant has been convicted of, or is under pending indictment for, enumerated disqualifiers, as set forth in subsections 6-45(d), (e) below. The police department shall advise the city clerk of its fitness determination for each applicant within 15 days of the filing of a completed application form.

(i)

Right to a copy of criminal history. An 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)

Within 30 days of the filing of a completed application for a license, the city clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant.

(k)

The city clerk shall provide written notice to any primary applicant whose application is denied under the provisions of this article. Such written notification shall set forth in reasonable detail the reasons for such denial, and shall advise the primary applicant of the right to appeal under the provisions of this article.

(l)

In all instances in which an application is denied under the provisions of this article, the applicants listed in the application may not reapply for a license for at least one year from the final date of such denial.

(Code 1982, § 9-2-7; Ord. No. 497, pt. I, 3-20-01; Ord. No. 754 , pt. IX, 10-16-18)