§ 6-201. Application for license; investigations.

(a)

Persons desiring to engage in the manufacture, distribution, sale by the package and/or sale by the drink for consumption on the premises of alcoholic beverages must make written application to the board of commissioners for such license which must be filed on forms provided by and submitted to the Fulton County Police Department. Applications must be accompanied by a non-refundable investigation fee. The non-refundable investigation fee shall be according to a fee schedule adopted by the board of commissioners. All information required by the application form must be provided and subscribed to by the applicant under oath. Failure to furnish all information required by the application within 30 days from the date of such application must automatically serve to dismiss the application.

(1)

Notice of application. Notice of such application by advertisement in the form prescribed by the police department will be published by the police department at least two times on different days not less than ten days prior to the date of consideration by the board of commissioners in one of the newspapers published in Fulton County at least six days a week, circulated in the locality of the proposed business, which notice will contain a particular description of the location or of the street number of the proposed alcoholic beverage business and give the name of the owner, and, if a partnership, the name of the partners, and if a corporation, the name of the president and secretary and treasurer of such corporation. The applicant must pay the cost of said advertisement. In every case of application hereafter made for a license for consumption on the premises of alcoholic beverages in the unincorporated area of Fulton County, in addition to other advertisement required by law, the applicant must, at his expense, post on the premises where the business of manufacture or sale is to be conducted, continuously for a period of not less than ten days prior to consideration of the application by the Board of Commissioners of Fulton County, a notice of the pending application, meeting the following minimum specifications: This notice must be painted or printed in black letters three inches or more in height, against a white background, on a board or metal sign, and having a surface of not less than 12 square feet, and must be placed with the foot or bottom of the sign not more than three feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten feet therefrom. The sign must state clearly the nature and purpose of the application, the date and hour and place of hearing, and the name of the person, partnership, firm, or corporation, as owner, making the application.

(2)

Order of consideration. All applications filed with the police department must be noted as to the date and exact time of filing, and such applications must be presented, heard and considered by the board of commissioners in the order of their filing, unless otherwise notified of any delay in the consideration process.

(3)

Citizenship of applicant. No license hereunder will be granted to any applicant who is not a citizen of the United States or an alien lawfully admitted for permanent residence.

(4)

Plat or drawing of area. All applications for the original license for a particular location, except those licensed in the preceding year, must include a certificate from a registered surveyor showing a scale drawing of the location of the proposed premises and the straight line distances required under section 6-211 of this article.

(b)

The police department will review the application and send a copy to all affected departments of Fulton County Government to determine compliance with county regulations and laws. Each department notified will submit a report within 30 days to the police department. If no report is received, it will also be concluded that there is no objection. At a minimum, the police department will investigate the criminal history of the applicant.

(c)

Upon receiving any and all reports from county departments and completing its investigation, the police department will make a recommendation to the board of commissioners to grant or deny the application.

(d)

If the police department recommends denial of the application, applicant will be afforded a hearing in accordance with sections 6-204 and 6-205 of this article.

(Ord. No. 05-1249, 11-2-05; Res. No. 11-0075, 1-19-11)