§ 18-81. Adult entertainment establishment employees and employee permits.

(a)

Approval for employment. Before any person may work in an adult entertainment establishment, the person shall file an application for an employee permit with the department of finance on forms provided by said office. A non-refundable investigation fee and a permit fee for all employees shall accompany the permit application. Such fees shall be according to a fee schedule adopted by the board of commissioners. The department of finance shall issue a receipt showing that such fee has been paid.

(b)

Said application shall contain the following:

(1)

Name, address, date of birth, sex, and social security number of applicant;

(2)

The name, address, and phone number of the adult entertainment establishment applicant will be employed with; and

(3)

A fingerprint of applicant made by the Fulton County Police Department. Fingerprints must be made at least 15 days prior to the issuance of an employee permit to allow for the investigation of the applicant. Said fingerprints shall be attached to the application for the permit.

(c)

The department of finance must be notified of any change in the above information (such as employment with another adult entertainment establishment or name or address change) within 15 days of such change.

(d)

Any material omission or untrue or misleading information contained in or left out of an employee permit application shall be unlawful and shall be cause for a denial, suspension or revocation thereof, and shall be punishable as a violation of this article.

(e)

The county shall have 30 days from the date the application is submitted to investigate the information presented in the permit application. If the employee is found to be of good moral character as defined in this article, and all other application requirements are met, the director of finance or his/her designee shall grant approval of the permit and send notification to the employee via U.S. mail to the address listed on the application. If no decision is issued within the 30-day period, the employee's permit shall automatically issue on the 40th day. Upon approval, the employee may begin working on the regulated premises.

(f)

If approval is denied, the prospective employee may, within ten days of notice of said denial, apply to the board of commissioners for a hearing. The board shall consider the appeal at its next regularly scheduled meeting at which time it shall make a decision to grant or deny the permit in accordance with the requirements of this section. The decision of the board of commissioners with regard to whether or not to grant or deny the permit is a final action.

(g)

Each employee permit is valid for a period of one year from the date of issuance. Renewal permits shall be granted for a non-refundable fee subject to an updated investigation by the Fulton County Police Department based upon the information contained in the employee's application on file at the time of the renewal. Such fee shall be according to a fee schedule adopted by the board of commissioners.

(h)

No permit issued under this section shall be suspended or revoked except for due cause as defined in this section, and after a hearing before the board of commissioners following written notice to the holder of such permit of the time, place, and purpose of such hearing, along with a summary of the charge(s) upon which such hearing shall be held. Such notice shall be addressed to the employee via U.S. mail to the address listed on the application form. Three days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the circumstances may justify. The decision of the board with regard to the suspension or revocation of an employee's permit is a final action; therefore, any appeal of such decision may be pursued by an application for Writ of Certiorari by the prospective employee within 30 days of the board's decision.

(i)

The following shall constitute due cause for the suspension or revocation of an employee permit:

(1)

If an employee has been granted an employee permit under the terms of this section but his/her permit application is later found to have contained any material omission or untrue or misleading information.

(2)

If an employee pleads guilty or nolo contendere or is arrested for or convicted of a drug or alcohol related felony, sex-related crime, or a crime involving moral turpitude.

(Res. No. 06-0470, Exh. A, 5-3-06; Res. No. 11-0075, 1-19-11)