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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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.