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 Chamblee
 Code of Ordinances
 Chapter 6. ALCOHOLIC BEVERAGES
 Article II. LICENSING

  § 6-53. Hearing procedures; appeal.  

Latest version.

  • (a)

    When the city clerk issues a written notice of intent to deny, suspend, or revoke a license, the city clerk shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by a method set forth in section 6-6 of this chapter. The notice shall also set forth the following: The respondent shall have ten days after the delivery of the written notice to submit, at the office of the city clerk, a written request for a hearing. If the respondent does not request a hearing within said ten days, the city clerk's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 30th day after it is issued.

    (b)

    If the respondent does make a written request for a hearing within said ten days, then the city clerk shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than 60 days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.

    (c)

    At the hearing, the respondent shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city clerk's witnesses. The city clerk shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The hearing officer may receive, consider, and adopt proposed written decisions tendered by the city clerk and/or the respondent within five business days after the hearing. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within 15 business days after the hearing.

    (d)

    If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the 30th day after it is rendered. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the hearing officer shall, contemporaneously with the issuance of the decision, direct the city clerk to withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by first class priority mail of such action. If the respondent is not yet licensed, the city clerk shall contemporaneously therewith issue the license to the applicant.

(Code 1982, § 9-2-24; Ord. No. 484, § 1, 4-18-00; Ord. No. 543, pt. I, 12-20-05; Ord. No. 592, pt. I, 12-16-08; Ord. No. 754 , pt. XVI, 10-16-18)

Editor's note

See Editor's note following § 6-48.