§ 6-96. Registration of persons who sell and take orders for the sale of alcoholic beverages.

(a)

Required; application.

(1)

Any person who serves or distributes alcoholic beverages, by virtue of any license or on behalf of any licensee holding a license issued pursuant to the terms of this chapter (excluding wholesale dealers and distributors), including, without limitation, server, bartender, cashier, clerk, check-out clerk, waiter, waitress, manager, owner, proprietor, volunteer and otherwise, must, before serving or distributing alcoholic beverages, obtain a retail alcoholic beverage server's permit (i.e., server's permit), pursuant to the terms of this division. This does not apply to those persons who work in a licensed facility but who do not sell or serve alcoholic beverages.

(2)

Each person who wishes to obtain a server's permit as described in subsection (a)(1) of this section must apply for such permit, must be photographed, must have his or her criminal history checked though either the Georgia Crime Information Center (GCIC) or the National Crime Information Center (NCIC) and be issued a server's permit by the police department of the city prior to selling or serving alcoholic beverages.

(3)

Server's permits are valid only until the last day of the month of the licensee's license for the sale of alcoholic beverages issued by the city. The holder of the permit may apply for renewal within 30 days prior to the expiration date of the permit. The procedure for application for initial registration or renewal registration shall be established by the police department.

(b)

Registration before starting work. No holder of a license issued under this chapter nor any agent of the licensee, whether a person, firm or corporation, shall allow any person to sell or serve alcoholic beverages in the business of the licensee unless that person shall have first been photographed, had his or her criminal history checked though either the Georgia Crime Information Center (GCIC) or the National Crime Information Center (NCIC) and issued a retail alcoholic beverage server's permit by the police department as provided in this section.

(c)

Applicants for a retail alcoholic beverage server's permit shall provide all personal information required by the police department to establish the true identity and criminal history, if any, of the applicant. Applications for a server's permit shall be filed with the city police department on such forms as may be provided by said department. Each applicant shall provide such information as may be required by the application and shall pay an application fee, to be established from time to time by the city commission, at the time of filing the application. No application will be processed or considered until the applicant files the application and pays the application fee.

(d)

Retail alcoholic beverage server's permits. Persons holding a server's permit pursuant to this division are required to have the server's permit in their immediate possession and prominently displayed on their person during the hours they sell or serve alcoholic beverages. The permit shall contain the server's name, picture, and license number.

(e)

Qualifications; issuance.

(1)

Initial retail alcoholic beverage server's permits shall not be issued to any person initially who has any felony conviction or felony bond forfeiture for any violation of law, regulation tantamount to law or ordinance regarding controlled substances and/or alcoholic beverages within five years of the date of application. Initial retail alcoholic beverage server's permits shall not be issued to any person initially who has any misdemeanor conviction or misdemeanor bond forfeiture for any violation of law, regulation tantamount to law or ordinance regarding controlled substances and/or alcoholic beverages within one year of the date of application. Further, no permit to serve shall be valid or issued to a person on parole or probation for the purpose of employment in a bar. This section shall not apply to misdemeanor violations of state and local traffic codes.

(2)

Any person previously issued a server's permit under the provisions of this section shall be deemed qualified to hold a permit under this division and no violations shall affect this holder except those occurring from the date of issuance.

(f)

Any person who has been issued a server's permit who is convicted of, pleads guilty to, pleads nolo contendere to, or forfeits bond for any violation of law, regulation tantamount to law or ordinance regarding controlled substances and/or alcoholic beverages shall immediately surrender said server's permit to the police department of the city as an invalid permit and shall not serve or distribute alcoholic beverages in the city. No person shall be allowed to continue to hold or exercise the privileges of and granted by a server's permit or shall have a server's permit renewed if convicted of, pleads guilty to, pleads nolo contendere to, or forfeits bond for any violation of law, regulation tantamount to law or ordinance of the status of a felony regarding controlled substances and/or alcoholic beverages for a period of five years. No person shall be allowed to continue to hold or exercise the privileges of and granted by a server's permit or shall have a server's permit renewed if convicted of, pleads guilty to, pleads nolo contendere to, or forfeits bond for any violation of law, regulation tantamount to law or ordinance of the status of a misdemeanor regarding controlled substances and/or alcoholic beverages for a period of one year. No renewal permit shall be issued to a person on parole or probation for the purpose of employment in a bar. This section shall not apply to misdemeanor violations of state and local traffic codes.

(g)

Suspension or revocation.

(1)

Any server's permit issued pursuant to the terms of this chapter shall be subject to suspension or revocation for violation of this chapter, including, without limitation, the violation of any of the provisions of subsection (f) of this section.

(2)

When a person who has been issued a server's permit loses their permit for a violation of O.C.G.A. title 3 or this chapter or any and all other laws for a third time within a ten-year period, said person shall not longer be eligible to receive a permit to sell or serve alcoholic beverages.

(h)

Due process hearing.

(1)

Any person who has been issued a server's permit pursuant to the provisions of this chapter shall be entitled to a due process hearing prior to final action, suspension or revocation of a server's permit.

(2)

A server's permit may be temporarily suspended by the city manager or his designee, pending a hearing, in the event of special circumstances and conditions. When the person permitted to sell or serve alcoholic beverages makes a sale to an underage person, the officer may immediately take possession of the permit issued hereunder at the making of the charge and the person so charged may not sell or serve any alcoholic beverages to anyone pending a hearing.

(3)

The holder of a server's permit shall be served with notice of violation of this division and shall be offered a hearing before the city manager or his designee.

(i)

The terms "retail alcoholic beverage server's permit" and "server's permit" shall be synonymous.

(Code 1977, § 4-47; Ord. No. 05-27, § 1, 9-20-2005; Ord. No. 06-05, §§ 1, 2, 2-21-2006; Ord. No. 07-08, §§ 1, 2, 7-2-2007; Ord. No. O17-14 , § 1, 6-20-2017)