HomeMy WebLinkAboutOrdinances 19-10-407 - 10/07/2019 - Crimes Preventing Possession of Pouring Permit1
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.19-10-407
AN ORDINANCE TO REVISE AND UPDATE THE CRIMES PREVENTING THE
POSSESSION OF A POURING PERMIT, AND FOR RELATED PURPOSES
The Council of the City of Milton hereby ordains, while in a regularly called Council meeting
on the 7th day of October 2019 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to
provide for the general health, safety, and welfare; and,
WHEREAS, the City desires to update the crimes that prevent the possession of a pouring
permit;
NOW THEREFORE, Chapter 4-235 of The Code of the City of Milton, Georgia, is hereby
amended by incorporating the insertions and deletions shown in the document attached
hereto and incorporated herein by reference as Exhibit A.
ORDAINED this 7th day of October 2019.
Attest:
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Sudie Gordon, City Clerk
Approved:
Joe Lockwood, Mayor
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EXHIBIT A
Sec. 4-235. - Pouring permits required.
The following regulations shall apply to all establishments holding a license for
consumption of alcoholic beverages on the premises, including establishments holding
an incidental license, BYOB license, or limited tap licenses:
(1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic
beverages, or serve in any managerial position, by an establishment holding a license
under this chapter until such person has been cleared by the chief of police or his or her
designee, indicating that the person is eligible for such employment.
(2) This section shall not be construed to include volunteer groups with nonprofit tax-
exempt status from the Internal Revenue Service whose volunteer efforts financially
benefit a nonprofit organization with no direct financial benefit, either by wages, tips or
donations, to the individual volunteer. No volunteer under the age of 18 years shall be
allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a
licensed establishment whose duties are limited solely to those of busboy, cook, or
dishwasher shall also be excluded from this section.
(3) No pouring permit shall be issued until such time as a signed application has been
filed with the city police department and upon paying a fee which shall be established
by the mayor and city council, and a search of the criminal record of the applicant
completed. The application shall include, but not be limited to, name, date of birth,
and social security number. These applications and the resulting criminal investigative
report shall be regarded as confidential and shall not be produced for public
inspection without a court order.
(4) The chief of police or his or her designee shall have a complete and exhaustive
search made relative to any police record of the applicant. If there is no record of a
violation of this chapter, the chief of police or his or her designee shall approve the
issuance of a permit to the person, stating that the person is eligible for employment. If it
is found that the person is not eligible for employment, the chief of police or his or her
designee shall notify the person, in writing, that they are not eligible for employment,
the cause of such denial and their right to appeal.
(5) Crimes preventing the possession of a pouring permit:
a. The applicant shall submit to fingerprinting as part of a background
investigation by the city police department in connection with the application
for the permit. No person shall be granted a pouring permit who has, within five
years of the date of applying for a pouring permit, been convicted of or pled
guilty or entered a plea of nolo contendere to any crime involving:
1. Moral turpitude;
2. Illegal gambling;
3. Felony possession or sale of controlled substances;
4. Illegal possession or sale of alcoholic beverages (including the sale or transfer
of alcoholic beverages to minors in a manner contrary to law);
5. Keeping a place of prostitution;
6. Pandering;
7. Pimping;
8. Public indecency;
9. Prostitution;
10. Solicitation of sodomy; or
11. Any sexual related crime.
Or, at the time of applying for a pouring permit, is then on parole or probation for
any of the criminal offenses identified in this subsection.
b. No person shall be granted a pouring permit who has been convicted, plead guilty
or entered a plea of nolo contendere to any federal, state, or local law for any felony
within five years of the date of conviction and has not been released from parole or
probation prior to the filing for application for such permit. For purposes of this chapter,
a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for
which defendant who was allowed to avail himself or herself of the state first offender
provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not
be ignored where the defendant violated any term of probation imposed by the court
granting first offender treatment or committed another crime and the sentence in court
entered an adjudication of guilt as to the crime for which the defendant had previously
been sentenced as a first offender.
(6) An alcoholic beverage pouring permit shall be issued for a period of one calendar
year from the date of the original application and shall be valid for use at any licensed
establishment. As noted in subsection (1) of this section, the alcoholic
beverage pouring permit must be in the possession of the employee while the
employee is working at the licensed establishment and shall be available for inspection
by members of the police department or the city manager's staff.
(7) Reserved.
(8) No person shall be issued a permit if it is determined that the person falsified,
concealed or covered up any material fact by any device, trick or scheme while
making application to the city for an alcoholic beverage pouring permit under this
section. If it is determined that a person is in violation of this subsection and a permit is
denied for this reason, then 30 calendar days must elapse from the date of notification
per certified mailing before a new application and fee may be resubmitted.
(9) All permits issued through administrative error can be terminated and seized by the
chief of police or his or her designee or the city manager or his or her designee.
(10) A replacement permit will be issued within 30 days of the original date, upon
paying one-half of the fee charged for an original alcoholic beverage pouring permit.
After 30 days of original application date, a new application and fee must be
submitted.
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(1 1) All permits issued under this chapter remain city property and shall be produced
for inspection upon demand of any city police officer or code enforcement officer.
(12) No licensee shall allow any employee or manager required to hold a permit to
work on the premises unless the employee or manager has'in his or her possession a
current valid city pouring permit. For new employees, an application for a permit must
be made within five calendar days of date of initial employment. Licensees are
required by this chapter to inspect and verify that each employee has in his or her
possession a valid city alcoholic beverage pouring permit.
(13) Any person convicted of any violation of this section shall receive a fine or license
suspension or revocation as defined in section 4-123 of this chapter.
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