§ 6-156. License application, contents and terms.

(a)

All applications for licenses to sell distilled spirits under this division shall be made in person by the applicant to the city clerk in writing on forms furnished by the clerk, signed by the applicant in compliance with section 6-122 and shall contain but is not restricted to the following statements and information:

(1)

The name, age, address and length of residency of the applicant;

(2)

The name, location and description of the premises or place of business which is to be operated under such license;

(3)

A statement of whether the applicant or any person with any interest in the application has made application at any previous time for any malt beverage or wine license or a distilled spirits license and the disposition of that application, stating in detail the governmental authority involved and the business entity for which the license was sought;

(4)

Whether the applicant or any person with any interest in the application has ever been convicted of a crime, other than for traffic violations;

(5)

Whether a previous license issued to the applicant or any person with any interest in the application has been revoked by any state or subdivision or by the federal government and the reason for revocation;

(6)

Whether any other person is interested directly or indirectly in the profits or losses or both of the proposed business.

(b)

No distilled spirits license shall be issued to any person unless the building on the premises is complete and pictures of the four sides of the location are attached to the application. The completed building or building or the proposed building shall comply with the building code of the city and the regulations of the state. The proposed building shall also be subject to the final inspection and approval when completed by the building inspector. Each applicant for a distilled spirits license shall attach to his application evidence of ownership of the premises or a copy of the current lease if the applicant is leasing the premises.

(c)

All applications for renewal of licenses under this article shall be filed with the clerk of the city council on or before November 15 of the year preceding the license calendar year. All applications for a renewal of licenses for the ensuing year shall be treated as applications for new licenses, except that no advertising or waiting period shall be required. Payment of all fees shall be made at the time of the application; and upon renewal and payment, the license will be renewed.

(d)

No application shall be acted upon by the city council except at a regular meeting of the city council.

(e)

Every application for a license under this division shall be accompanied by a drawing to scale, showing the nearest church, school or college, or by the affidavit of a registered surveyor that the proposed location of the premises complies with the distance requirements of this article, or by a statement from the City of Ellijay Code Enforcement Officer that the proposed location of the premises complies with the distance requirements of this article.

(f)

No application for a distilled spirits license under this division shall be acted upon by the city council until after the applicant shall have run a notice of application in a local newspaper at least one time per week for three weeks preceding the regular meeting at which time the application is to be presented and considered. This notice shall contain the name of the person applying and the name of the person for which the application is submitted, if different, and the location of the proposed premises. An affidavit of the publisher or his authorized agent certifying the advertisement has been published shall accompany such application.

(g)

The making of any untrue or misleading statement in the application for distilled sprits license shall be sufficient cause for the refusal, suspension, revocation or cancellation of such license, as the city council shall deem proper.

(h)

All distilled spirits licenses shall expire at 12:00 midnight on December 31 of the year in which issued.

(i)

No license shall issue for less than a calendar year, or remainder, subject to the following: In case of the revocation or surrender of such license before the expiration of such calendar year, the holder shall not be entitled to receive any refund.

(j)

Notwithstanding anything in this division to the contrary, the sale of distilled spirits in the city is a privilege and not a right; and the issuance of a license under this article shall not create any property rights in the license holder.

(k)

The violation of any of the provisions of this division by a license holder, his agents or employees, shall be unlawful and shall be punishable as provided by law as a misdemeanor and shall also subject the holder of such license to suspension or revocation of license as the city council deems proper.

( Ord. No. 041816 , § 1, 4-18-2016)