§ 5.08.160. Application procedures.

A.

Application for a license for the retail sale of beer and malt beverages and/or distilled spirits in the city shall be filed with the city clerk upon forms prescribed by the city and made available at city hall. The application shall be subscribed by the applicant under oath and fully completed and executed. The city clerk shall deliver the application to the mayor and city council.

B.

There shall be attached to the application a bank money order, certified check or like remittance of the application. The applicant shall publish a notice stating an application has been applied for, the applicant's name, the name and location of the business and the type of license being applied for. The notice shall run two weeks in the legal organ of Candler County. The applicant will be responsible for running the public notice and the cost thereof. There shall also be attached an affidavit of publication in compliance with this section.

C.

As a prerequisite to the issuance of the license, the applicant shall furnish a complete set of their fingerprints to the city clerk who will forward them to the Georgia Bureau of Investigation which shall search the files and forward the fingerprints to the Federal Bureau of Investigation to determine the applicant's past criminal activity. All applicants must consent to the background check described within this section or the application shall be denied. The applicant shall not be entitled to a reimbursement of any application cost and/or fee should the application be denied as a result of the applicant's past criminal history or the applicant's refusal to cooperate with the background check.

D.

Failure to fully complete and execute an application for a license or to furnish accurately all data, information and records required by the application form as well as failure to accompany the application with the payment of the prescribed fee or the affidavit of publication shall be deemed just cause for denying the application with prejudice.

E.

Upon proper completion of the application and payment of fees, the city clerk shall refer the application to the chief of police for such investigation and hearings thereon as deemed necessary under this article. The chief of police may seek the advice of additional law enforcement officers and state prosecutors during its consideration of the application.

F.

As a prerequisite to the issuance of a license, all businesses where alcohol is consumed on the premises shall satisfy all requirements of a fire and life safety inspection performed by the state or local fire official, as applicable, and the city building official or his/her designee. In addition, all businesses where alcohol is consumed on the premises and the occupancy load is one hundred (100) or more shall provide the city clerk with a signed fire safety report and certificate of occupancy from the state or local fire official as applicable. The state or local fire official, as applicable, may cause to be inspected any building or portion of any building licensed under this chapter.

G.

Upon full compliance with the requirements of the state fire code, the state or local fire official or the building inspector, as applicable, shall notify the city clerk for further processing of the license.

H.

After its investigation, the mayor and city council shall grant or deny the license applied for.

(Ord. 02-04 (part); Ord. of 4-10-06, § 4)