§ 18-40. Transfer; suspension; revocation.

(a)

No certificate issued hereunder may be transferred.

(b)

Each certificate granted hereunder shall be subject to suspension or revocation for violation of any rule or regulation of the county now in force or hereafter adopted.

(c)

Whenever the director of finance determines there is cause to suspend or revoke the occupation tax certificate issued hereunder, the Director of Finance must give the certificate holder ten-day written notice of intention to suspend or revoke the occupation tax certificate. A hearing will be scheduled wherein the certificate holder may present a defense to the suspension or revocation before the board of commissioners or such board as the board of commissioners may designate. The ten-day written notice must include the time, place, and purpose of such hearing, and a statement of the charges upon which such hearing shall be held. After the hearing, the board may suspend or revoke the occupation tax certificate issued hereunder if any of the grounds set forth below exist. An occupation tax certificate may be suspended or revoked upon one or more of the following grounds:

(1)

The certificate holder is guilty of fraud in the operation of the business or occupation he/she practices, or fraud or deceit in being licensed to practice in that area;

(2)

The certificate holder is engaged in the business or occupation under a false or assumed name, or is impersonating another practitioner of a like or different name;

(3)

The certificate holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent he/she is unable to perform his or her duties under the business or occupation;

(4)

The certificate holder is guilty of fraudulent, false, misleading, or deceptive advertising or practices;

(5)

The certificate holder has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of Georgia Annotated, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five years immediately prior to the filing of the application. If after having been granted a certificate, the applicant is found not to be of good moral character, or pleads guilty or enters a plea of nolo contendere to any of the above offenses, said certificate shall be subject to suspension and/or revocation;

(6)

The original application or renewal thereof contains materially false information, or the applicant has deliberately sought to falsify information contained therein;

(7)

The establishment is a threat or nuisance to public health, safety or welfare; or

(8)

Any other violation of this article. After the director of finance makes a recommendation to the board of commissioners to suspend or revoke an occupation tax certificate issued hereunder, the board of commissioners, or such board as the board of commissioners may designate, will conduct a hearing to hear evidence relevant to the alleged violation. At the hearing, the director of finance proceeds first and presents all evidence and argument in support of the recommendation to suspend or revoke the occupation tax certificate issued hereunder. Board members will have the right to ask questions at any time. After the director of finance makes his/her presentation, the certificate holder or the certificate holder's legal counsel, will present evidence and argument as to why the occupation tax certificate issued hereunder should not be suspended or revoked. Board members will have the right to ask questions at any time. After hearing all of the evidence and arguments of the parties, the board will render a decision. The suspension or revocation decision is final unless the certificate holder files a petition for writ of certiorari to the Superior Court of Fulton County within 30 days of the date of the decision.

(Res. No. 06-0467, Exh. A, 5-3-06)