§ 6-32. Licensee requirements.

(a)

For the purpose of this chapter, unless otherwise indicated, applicant means the corporation, partnership, sole proprietorship, or other organization and the managing agent.

(b)

Every managing agent applicant for a city alcoholic beverage license shall be at least 21 years of age, a U.S. citizen or an alien lawfully admitted for permanent residency, and a resident of the state, and shall make application on forms furnished by the city and in connection therewith, shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, bonds and other supporting data as required thereby.

(1)

Where the application is made on behalf of a corporation, the license shall be issued jointly to the corporation and an officer or agent who meets the requirements as set forth in this subsection (b). The officer or agent named as the applicant shall be an individual who does in fact have regular managerial authority over the business conducted on the licensed premises, including the sale of alcoholic beverages, who is employed full-time by the corporation. Said individual shall be known as the "managing agent."

(2)

Where the application is made on behalf of a partnership, the license shall be issued jointly to the partnership and either the managing general partner thereof, or an individual who meets the requirements set forth in this subsection (b) who does in fact have managerial authority over the business conducted on the licensed premises, including the sale of alcoholic beverages, who is employed full time by the partnership. Said individual shall be known as the "managing agent."

(3)

Where the application is made on behalf of a sole proprietorship, the license shall be issued jointly to the sole proprietorship and an individual who meets the requirements set forth in this subsection (b) who does in fact have management authority over the business conducted on the licensed premises, including the sale of alcoholic beverages, who is employed full time by the proprietor. Said individual shall be known as the "managing agent". The "managing agent" may be the sole proprietor, if he/she otherwise qualifies under this section.

(4)

Where the application is made on behalf of any other type organization, the license shall be issued jointly to the organization and an individual who meets the requirements set forth in this subsection (b) who does in fact have management authority over the business conducted on the licensed premises, including the sale of alcoholic beverages, who is employed full time by the organization. Said individual shall be known as the "managing agent". In the case of a non-profit private club, the managing agent may be an officer of the organization in lieu of a full-time employee if the individual is otherwise qualified under this subsection (b).

(5)

All licensed establishments must have and continuously maintain in Gilmer County a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of Gilmer County. The licensee shall file the name of such agent, along with the written, notarized consent of such agent with the city in such form as may be prescribed.

(6)

A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person or persons who would not otherwise qualify for a license for any reason whatsoever.

(7)

The written application for the license shall be a permanent record which the licensee must maintain current as required by this chapter. Failure to maintain a current application shall be grounds for revocation of the license.

(8)

In the event the "managing agent" changes, the licensee shall notify the city within five days of the change. A fee of $100.00 will be charged for the processing of an application for the change of the "managing agent", and such applicant must be approved by the city clerk. If the applicant does not meet the qualifications for managing agent as required by this chapter and the application is denied, the applicant may appeal the decision of the city clerk to the city council.

(9)

In the event the "registered agent" changes, the licensee shall notify city within five days of the change. A fee of $25.00 will be charged for the processing of a change in the "registered agent."

(c)

No person shall have, own or enjoy any ownership, interest in, share in the profits from, or otherwise participate in the business of any alcoholic beverage licensee in the city unless a full description of such interest shall have been furnished the city council at the time such interest arose. It shall be the duty of the licensee to report to the council, within five days, any change in any interest in such licensee's business including but not limited to:

Any division of the profits;

Any division of net or gross sales for any purpose whatsoever;

Any change in the payment of rents or leases;

Any change in the ownership of any lease or building or land used in such business;

Any change in the ownership of any corporation that has any interest in such business or the change of management of such corporation.

(1)

After receipt of such notice, the council shall notify such person within a reasonable time of any objection to the ownership or interest set forth therein, and it shall then be incumbent upon such person to dispose of such interest within 30 days after the mailing of the notice to do so by the council to such person at his address as shown on such notice of interest. In the event such interest is not disposed of within 30 days after the mailing of the notice by the council, or in the event no objections are filed within such 30-day period, or in the event such person fails to notify the council of the transfer of any such interest within 20 days after the acquisition thereof, then the license as provided for herein may be revoked by the council until disposition of the interest has been made or notice given to the council of the transfer.

( Ord. No. 041816 , § 1, 4-18-2016)