§ 34-627. Permit requirements.

(a)

Permit required. A valid permit issued by the Fulton County Board of Health shall be required prior to operation as a tourist court or tourist accommodation. Such permit shall be obtained in compliance with the Rules and Regulations for Tourist Accommodations published by the State of Georgia, and adopted pursuant to section 34-626. To qualify for a permit, an applicant shall be an owner of the tourist court. Permits shall expire upon change of ownership, location or change of type of operation.

Pursuant to O.C.G.A. § 31-28-5, the following supplementary rules and regulations contained in section 34-627 shall apply in unincorporated Fulton County:

(b)

Denial, suspension or revocation of permits. Permits sought under this article may not be denied, suspended, revoked or non-renewed except for "due cause." The following constitute "due cause":

(1)

Failure to comply with the rules and regulations adopted pursuant to section 34-626 above.

(2)

When the operator, owner, permit holder, or person in charge of the tourist court permits or otherwise allows the solicitation of patrons on the premises for prostitution, illegal drug activity, or any other unlawful act where the operator, owner, permit holder, or person in charge or the employee or agent of the operator, owner, permit holder, or person in charge knew or should have known of such conduct.

(3)

Failure by the operator, owner, permit holder, or person in charge to adequately supervise and monitor the conduct of employees, patrons, and others on the premises, in order to protect the safety and well-being of the tourist court's employees, the public and of those utilizing the premises.

(4)

The failure of the operator, owner, permit holder or person in charge to keep the premises clean and free of litter, including, but not limited to, bottles, cups, trash and other debris.

(5)

Creating, maintaining, or allowing the creation or maintenance of any public or private nuisance, as defined by state law and/or Fulton County ordinances.

(6)

Failure to pay, when due, any applicable hotel-motel tax on rooms, lodging or accommodations.

(7)

A high number of crime reports and offense reports generated from the premises within the immediately preceding 12 months, or during the period in which the current owner has owned the premises, whichever is less, as included in the uniform crime reports and/or offense reports for the relevant period and as compared to similarly situated, permitted tourist courts in unincorporated Fulton County taking into consideration the severity of the crimes included in such reports.

For purposes of this subsection, murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery, drug crimes, prostitution and kidnapping shall be considered severe.

(8)

When the premises create an imminent health hazard to guests of the tourist court and to members of the public.

(Ord. No. 12-0285, 4-4-12; Ord. No. 13-0660, 8-21-13; Ord. No. 13-1168, 12-18-13; Ord. No. 18-0340, Att. A, 5-16-18)