§ 3-11. Revocation.
(a)
The following shall be grounds for suspension or revocation of all alcoholic beverage licenses:
(1)
a.
Failure of wholesaler or retailer to pay license or excise taxes; or
b.
Improper collection of excise taxes pursuant to this chapter or O.C.G.A. § 3-4-130 on two or more occasions within a five-year period.
(2)
Commission of any act in violation of the federal, state or local laws or ordinances which would disqualify a person from obtaining a license.
(3)
Selling or distributing or buying alcoholic beverages on which no local or state tax has been paid.
(4)
Commission of any acts in violation of federal, state or local laws or ordinances or running of a licensed business where such violations frequently or regularly occur so as to cause the chief of police or director of public safety to recommend a revocation of the license.
(5)
Failure to abide by any of the provisions of this chapter.
(6)
Providing false information to influence determination of license taxes or food/alcohol ratios.
(7)
Conducting of activities described in O.C.G.A. § 16-12-35 (e), (f), or (g), as now or hereafter amended, upon licensed premises where probable cause has been found by the recorder, including bond forfeitures, guilty pleas, nolo contendere pleas or the binding of such a case over to a higher court by the recorder.
(8)
Forfeiting bond, pleading guilty, or pleading nolo contendere to conducting any of the gambling activities described in O.C.G.A. § 16-12-2, as now or hereafter amended, upon licensed premises.
(b)
The following procedures shall be followed in revoking all alcoholic beverage licenses:
(1)
Notice shall be given to the holder of a license at least two weeks in advance that the Council of Columbus, Georgia will hear a recommendation that the license be revoked, and this notice shall include the specific grounds on which this recommendation to council will be made.
(2)
The clerk of council shall notify the license holder, the director of finance and the chief of police or the director of public safety as to the time that a recommendation for revocation will be heard.
(3)
The Council of Columbus, Georgia shall hear a recommendation for revocation before or during one of its regular meetings at which time the holder of a license and any other interested parties will be heard.
(4)
No license shall be revoked until a majority of the council so decides at the time of or subsequent to the hearing on the recommendation for revocation.
(5)
After council takes action to revoke, licensees will surrender beverage licenses to the issuing authority.
(6)
The procedures for revoking alcoholic beverage licenses shall also apply to nonrenewals of alcoholic beverage licenses, and hearings before the Columbus Council on revocations shall be held within 30 days from the date of a decision to recommend revocation while council hearings on nonrenewals shall be held within 30 days from the receipt of an appeal by a licensee of a decision not to renew; hearings on nonrenewals shall be held no earlier than one week from the date an appeal is received, and appellants shall be notified in advance of the date of said hearing.
(7)
If an alcoholic beverage license is either revoked or nonrenewed under this section, no alcoholic beverage license shall be issued for the same location within a period of one year of the revocation or nonrenewal to the same licensee. The term "same licensee" includes the revoked or nonrenewed licensee's spouse or cohabitant, and any relative of the original licensee within the second degree of consanguinity, which term includes a step, adopted, or foster, parent, sibling, grandparent, uncle, aunt, niece, nephew, and first cousin. The term "same licensee" also includes any partner or stockholder of the original licensee's partnership or corporation, or any person who has acquired the original licensee's business other than through a bona fide sale. The burden is upon the new owner to prove that the sale of the business is bona fide.
(Ord. No. 78-117, 10-17-78; Ord. No. 99-92, §§ 14, 15, 12-14-99; Ord. No. 00-10, 1-18-00; Ord. No. 00-26, §§ 9, 13, 21, 3-7-00; Ord. No. 04-1, § 9, 1-6-04; Ord. No. 06-31, § 1, 5-16-06; Ord. No. 09-10, § 1, 3-10-09)