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HomeMy WebLinkAboutORD 7114 AMEND CITY CODE TITLED PROBATION SUSPENSON AND REVOCATION TO ESTALISH AUTOMATIC SUSPENSION OF LICENSE FOR ALCOHOLIC BEVERAGES ~ ORDINANCE NO. 7114 AN ORDINANCE TO AMEND THE AUGUST A-RICHMOND COUNTY CODE, TITLE SIX, ARTICLE TWO, SECTION SEVENTY-FOUR, TITLED "PROBATION, SUSPENSION AND REVOCATION" SO AS TO ESTABLISH AUTOM~T~C SUSPENSION OF A LICENSE FOR ALCOHOLIC BEVERAGES; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, The Augusta-Richmond County Commission has authority to adopt rules and regulations regarding the conduct of any alcohol beverage licensee pursuant to a.c.G.A. 93-4-110; WHEREAS, based upon reports from the Licensing and Inspection Department and Sheriffs Department, the Augusta-Richmond County Commission finds that businesses which sell alcoholic beverages can create environments conducive to nuisances; WHEREAS, The Augusta-Richmond County Commission finds that such nuisances and other behavior could affect the health, safety, and general welfare in the surrounding areas, surrounding businesses and in the success of the establishment itself; WHEREAS, The Augusta-Richmond County Commission desires to promote successful business practices upon alcoholic beverage licensees and desires to maintain community safety and the quality of life for its citizens; WHEREAS, based on the foregoing, the Honorable Jerry Brigham, Commissioner, recommends the automatic suspension of an alcoholic beverage license, if the Augusta-Richmond County Commission has placed the license holder on probation twice within a twelve month period. THE AUGUST A-RICHMOND COUNTY COMMISSION ordains as follows: SECTION 1. Augusta-Richmond-County Code Section 6-2-74, enacted March 18, 1997, is hereby amended by repealing it in its entirety, and inserting in lieu thereof subsections (a) through (f) restated as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption In accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this 3rddayof March ,2009. 1st reading Feb 17, 2009 cQ~. 6------ David S. Copenhaver As its Mayor ~ Seal: Publish in the Augusta Chronicle MARCH 19, 2009 " , cert\f1es that the . sio1\ \):1\a J. 1\o111\er, b~ebloU1\t)' co"""issi01\ 1\1e U1\detsilb"ed ~\e~;{ ;;~::tb1 fue r-~~=:odi{1ed ot;:e:~;d :: t~~ {otegoi1\g Otdin""cc "'~OO~ ""d \bat sueb Otd11\""f': ibat attaCbed bereto \S a , " d ",tibet eert11e, . ls) 01\ c ""d ibe U1\de,silb"e " tbe {otegoi11g ",eet11\\>; . ibe ate eteo~ a to"ed ""d adO\lte" 11\ ()tdi ""ee ",bleb as \l\l CE\l'{\f\C~ '{\O~ Clerk ot co~\SS\01\ , ta C\\I01\\c\e. 'Pub\\shec\ \1\ the ~ug,U5 ~a:rc\\ 19, '2009 Date'. Exhibit A Repealed. See. () 2 74. ProbatioB, suspeBsioB & re~/oeatioB. i\n)' license issued under this Ordinance may be put on probation, suspended and/or reyoked by the }..ugusta Richmond County Commission after a finding of due cause. Due cause for the probation, suspension or re'/ocation of a license shall include but shall not be limited to, the following: (a) .^.. violation of this Ordinance or any State or federal Imv governing the manufacture, transport, or sale of alcoholic beverages by the licensee or any person in his employ or in the employ of the establishment for \vhich the license 'Nas issued. (b) The conviction of the licensee of a crime, which would render him or her ineligible to apply for a license. The term conviction as used herein includes a plea of guilty or nolo contendere. (c) Failure by the licensee, or any person in his employ or in the employ ofthe establishment for which the license 'Nas issued, to adequately supervise and monitor the conduct of the employees, patrons and others on the licensed premises, or on any property ov,ued or leased by the licensee, including but not limited to parking lots and parking areas, or on any parking lots or areas which may be lawfully used by patrons of a licensed establishment, in order to protect the safety and '.yell being of the general public and of those using the premises. (d) The revocation of the license or permit of the business to operate by any State, County, City or other governmental authority due to a violation of any law applicable to the business including, but not limited to, building codes and health codes. (e) Falsifying information or making any material misrepresentation on the application for a license under this Ordinance. Sec. 6-2-74. Probation. susnension & revocation. Anv license issued under this Ordinance mav be out on orobation. susoended and/or revoked bv the Ammsta-Richmond Countv Commission after a findinll of due cause. Due cause for the orobation. susoension or revocation of a license shall include but shall not be limited to. the followim!: (a) A violation of this Ordinance or any State or federal law lloveminll the manufacture. transoort. or sale of alcoholic beveralles bv the licensee or any oerson in his emolov or in the emolov of the establishment for which the license was issued. (b) The conviction of the licensee of a crime. which would render him or her inelillible to aoolv for a license. The term conviction as used herein includes a olea of lluiltv or nolo contendere. (c) Failure bv the licensee. or any oerson in his emolov or in the emolov of the establishment for which the license was issued. to adeauatelv suoervise and monitor the conduct of the emolovees. oatrons and others on the licensed oremises. or on any orooertv owned or leased bv the licensee. includinll but not limited to oarkinll lots and oarkinll areas. or on anv oarkinll lots or areas which mav be lawfullv used bv oatrons of a licensed establishment. in order to orotect the safetv and well-beinll of the lleneral oublic and ofthose usinll the oremises. (d) The revocation of the license or oermit of the business to ooerate bv anv State. County. City or other llovernmental authoritv due to a violation of any law aoolicable to the business includinll. but not limited to. buildinll codes and health codes. (e) Falsifvinll information or makinll any material misreoresentation on the aoolication for a license under this Ordinance. (f) A license issued under this Ordinance shall thereuoon be automaticallv revoked without anv action bv the councilor anv municioal officer if a license holder has been olaced on orobation twice within a twelve (12) month oeriod.