§ 6-203. Denial, suspension or revocation of license.
Licenses sought under this chapter may not be denied, suspended or revoked except for "due cause".
(a)
The following constitute "due cause":
(1)
The selling or serving of alcoholic beverage to any person below the age of 21 years; or permitting the entrance of anyone under 21 years of age in violation of section 6-182 of article III; or failure to post a sign pursuant to section 6-216 of article IV.
(2)
(a)
A conviction or plea of guilty or plea of nolo contendere by the applicant or licensee to any crime involving moral turpitude, lottery, or illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property within a period of five years immediately prior to the filing of the application.
(b)
A conviction or plea of guilty or plea of nolo contendere by any applicant or licensee or any person or person in partnership with said applicant or licensee or officer of a corporation, as owner or operator of the licensed premises, to a crime involving moral turpitude, or the violation of any of the laws regulating the sale of narcotics, alcoholic beverages, or the lottery laws of this state, or possession or receiving of stolen, after a license has been granted.
(3)
The violation by the applicant, licensee or licensee's employees of any state law or regulation governing the manufacture, sale, distribution or transportation of alcoholic beverages.
(4)
Permitting the solicitation of patrons on the licensed premises for prostitution or any other unlawful act where the licensee or the licensee's employee or agent knew or should have known of such conduct.
(5)
The selling or serving of any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication.
(6)
The failure to furnish any and all data, information and records related to the operation of licensed establishments, when such has been requested or is required by the Fulton County Police Department or the Fulton County Tax Commissioner.
(7)
Providing untrue or misleading information contained in or material omission left out of an original, renewal or transfer application for a license.
(8)
The failure to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this article.
(9)
Disposing of any interests in the business by the licensee without reporting the same to the Fulton County Police Department.
(10)
Failure by the licensee to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, including but not limited to adjacent parking lots or areas which may be lawfully used by patrons of the licensed establishment, in order to protect the safety and well-being of the general public and of those utilizing the premises.
(11)
The failure of a licensee, whose licensed premises directly abuts a public street, to maintain all property outside the lot and property line and inside the curb line upon the public street, including any sidewalk. Said duty to maintain the above-designated property must be accomplished within a reasonable time after the close of business each day. "Maintain" as used in this subsection means keeping the specified area free of bottles, cups, trash and other debris. "Within a reasonable time" as used in this subsection means within four hours of the close of business.
(12)
The violation by either the licensee, an employee, or anyone acting as an agent for the licensee of the county's noise ordinance found in section 46-137 of the Fulton County Code of Ordinances if such violation is reasonably related to the operation of the licensed establishment and the licensee knew or should have known of the violation of the noise ordinance.
(13)
The violation of any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which are reasonably related to the operation of such establishments.
(14)
The failure to report promptly to the police department any violation of law, breach of peace, disturbance or altercation occurring in or adjacent to the licensee's premises.
(15)
Creating, maintaining, or allowing the creation or maintenance of any public or private nuisance, as defined by state law and Fulton County ordinances.
(16)
The failure to pay taxes imposed by article II.
(17)
The previous suspension or revocation of an alcoholic beverage license held by the applicant.
(18)
A high frequency of calls for police service or for police intervention to the licensed premises or the proposed licensed premises, during the 12 months immediately preceding the date of application, taking into consideration the severity of such incidents; or a high frequency of calls for police service or for police intervention around such premises, if it is demonstrated that any criminal activity around the licensed premises had some connection with the premises or the owner(s) or employees of the premises and/or the criminal activity occurred within 100 feet of the premises.
(b)
The provisions of this section apply in all respects to anyone seeking to obtain or renew a license and to anyone who holds a license to sell alcoholic beverages in unincorporated Fulton County.
(c)
Whenever the state revokes any license to sell alcoholic beverages, the county license will be automatically revoked. The police department will take the necessary steps to see that signs are removed and that all alcoholic beverage sales cease.
(d)
Intent.
(1)
The purpose and intent of this subsection is to provide licensors who are operating convenience stores and gas stations in unincorporated Fulton County with reported incidents of crime, and subject to either the suspension or revocation of an alcohol license due to a violation of subsection (a)(10), (a)(12), (a)(13), (a)(14), (a)(15), or (a)(18) of this part, are afforded the option to implement certain security measures, in lieu of, or as an alternative to, having their license suspended or revoked. This option is not available for any other due cause violations set forth in subsection (a) of this part, not listed herein. The provisions of this section are in response to violent crimes taking place in or in close proximity to convenience stores and gas stations licensed to sell alcohol in unincorporated Fulton County.
(2)
Definitions and scope.
(a)
The following words, as used in this section, shall for the purpose of this section, have the meanings ascribed to them in this section:
(1)
"Convenience store" shall mean a use, with a license to sell alcohol that offers a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use, but in all cases excluding vehicle service, maintenance and repair.
(2)
"Gas station" shall mean a building or lot having pumps and storage tanks, that sells alcohol, where the primary use is the retail sale of motor vehicle fuels. Vehicle related services may be offered incidentally to the primary use.
(3)
Additional security requirements. If a crime which includes, but not limited to, murder, robbery, theft by taking, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined under applicable statutes occurs or has occurred at a convenience store or gas station that is licensed to sell alcohol, which was not reported by or at the direction of the owner, operator, or designee of the convenience store or gas station, and arises out of the operation of and/or on the property of the convenience store or gas station, that convenience stores or gas stations shall implement the following security measures as an alternative to being subjected to either the suspension or revocation of such alcohol license due to a violation of subsection (a)(10), (a)(12), (a)(13), (a)(14), (a)(15), and (a)(18) of this part:
(a)
[Reserved.]
(b)
Enact or install the following-security devices and standards:
(1)
An exterior security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.
(2)
A lighted parking lot illuminated at an intensity of at least two foot-candles per square foot at 18 inches above the surface.
(3)
Window signage that allows a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area.
(4)
Height markers at the entrance of the convenience stores and gas stations which display height measures, or a video camera system that displays height measures on the recording.
(5)
A convenience store or gas station shall not have window tinting that reduces exterior or interior view in a normal line of sight.
(6)
Every convenience store or gas station shall be equipped with a silent alarm to a law enforcement or a private security agency, unless application for an exemption is made to and granted by the Fulton County Board of Commissioners. An application for exemption must be in writing and must be accompanied by an administrative fee of $100.00 for each store for which an exemption would apply.
(7)
All convenience store and gas station employees shall wear shirts that clearly identify them as employees of the business;
(8)
All employees shall wear name badges;
(9)
"No loitering" signs shall be situated on the premises so as to inform the public that loitering, as defined in the section, is not permitted and violators are subject to prosecution;
(10)
Signage advising the public that the premises is monitored by security cameras shall be conspicuously displayed on the property at all times;
(11)
Interior and exterior lighting shall be maintained at all times so as to provide high visibility in all areas of the premises, including, but not limited to; all sides of buildings which are accessible to the public, parking lots, storage areas and trash depositories. Said lighting shall also be set so as to minimize light spillage onto adjoining properties.
(12)
Premise address should be located on the subject property so as to be easily read from the public right-of-way at all times;
(13)
All exterior landscaping adjacent to doors or windows shall be restricted so as to allow for maximum visibility by employees to the exterior areas of premises where customers may traverse; and
(14)
A 24-hour emergency contact number for the business shall be conspicuously maintained on the premises.
(c)
Additional requirements for robbery deterrence training.
(1)
Training by a certified trainer in robbery deterrence and safety for each retail employee and security assessments shall be conducted by a private trainer, the Fulton County Police Department, or by a police department in the jurisdiction where the convenience store or gas station is located, within 90 days of an arrest of a person accused of committing robbery at the convenience store or gas station.
(2)
All said convenience stores and gas stations will be included in Fulton County Polices' current Criminal Trespass Program ("We Care"). This program allows for all Fulton County Police Officers to remove persons who are loitering/hanging around the store aimlessly. Security surveys will be offered by the Fulton County Police Department and upon completion, suggestions will be to improve the condition of the surrounding environment.
(4)
Notice of the availability of the alternative security measures option. The Fulton County Police Department shall provide each convenience store or gas station alcohol license holder that is subjected to prosecution for the due cause violations set forth in this part the option to pursue the security measures in lieu of being prosecuted for the cited applicable due cause violations. The license holder must notify the county of its intent to choose the security measures option and shall be provided with a time line in which to have the measures completed.
(5)
Exemptions.
(a)
For purposes of this section, any convenience store or gas station that by law implemented any of the security measures set forth in this subsection and has maintained said measures as required by Fulton County without any occurrence or incidence of the crimes identified (murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment for a period of no less than 22 months immediately preceding the filing of a notice of exemption), may file with the Fulton County Police Department a notice of exemption from these enhanced security measures.
(b)
In no event shall this exemption be interpreted to preclude full compliance with the security measures set forth herein should there be another occurrence or incident identified by this subsection which causes the requirements for the additional security measures to be statutorily applicable, and which further subjects the licensor to either the denial, suspension or revocation of such license due to a violation of subsection (a)(10), (a)(12), (a)(13), (a)(14), (a)(15) or (a)(18) of this part.
(c)
As of the effective date of the ordinance enacting these security requirements, the Fulton County Police Department will provide notice of this section to any convenience store or gas station which may qualify.
(d)
In no event shall Fulton County incur any liability for the regulation and enforcement of any requirements of this part.
(6)
Violations. Any licensor of a convenience store or gas station subject to the alternative security measures who fails to comply with the requirements in this section shall be subject to prosecution for the initial due cause violations, and shall lose the ability to have the alternative option available thereafter.
(e)
The provisions of section 6-203(d) supersedes any and all other provisions of the Fulton County Code of Ordinances in the event of a conflict.
(Ord. No. 05-1249, 11-2-05; Ord. No. 17-0043, 1-4-17; Ord. No. 17-0360, 4-19-17)
State law reference
Governing authority to set forth ascertainable standards pertaining to the granting, refusal, suspension or revocation of alcoholic beverage permits or licenses, O.C.G.A. § 3-3-2(b)(1).