§ 4-13. Employee permits.

(a)

No person shall be employed to dispense, sell, serve, take orders, or mix alcoholic beverages, or be in any managerial position, by an establishment holding a license for the sale of distilled spirits by the package or for consumption on premises or an establishment holding a license for malt beverage or wine for consumption on premises unless such person has been approved by the chief marshal or his designee. The individual named on the alcoholic beverage license as the managing agent for such establishment shall be exempt from obtaining an employee permit.

(b)

Upon approval by the chief marshal or his designee, such person shall be issued an employee permit which shall contain the name, expiration date, and photograph of such employee. Such employee permit shall remain the property of the City of Dallas, Georgia and shall be in the possession of the employee at any time he or she is working at any licensed establishment, and shall be produced upon the request of any law enforcement officer of the City of Dallas, Georgia.

(c)

No permit shall be issued until such time as a signed application has been filed with the Dallas Marshals Bureau and upon the payment of the non-refundable fee designated in City of Dallas, Georgia schedule of fees. The applicant shall furnish, at the time of presenting the application, a valid current identification. Such application shall contain the following information: Applicant's name, date of birth, height, weight, race, sex, address, telephone number, and disclosure of arrest record. Applicant must consent to and provide fingerprints to obtain and inspect any criminal history on such applicant which is in the possession of any law enforcement agency.

(d)

No person shall be granted an employee permit that has been convicted, plead guilty, or entered a plea of nolo contendere to any crime involving the sale or furnishing of alcoholic beverages to an underage person or any felony within three years of the date of the application.

(e)

No person shall be granted an employee permit if he or she has been the holder of an alcoholic beverage license or employee permit which has been revoked within five years of the date of the application.

(f)

An employee permit shall be valid for three years from the date of issue. At the expiration of three years, the employee permit may be renewed upon the submission of a renewal application, the payment of the appropriate fee, and upon determination that such individual remains qualified under this chapter.

(g)

The employee permit is non-transferable and is valid only for the individual named on the permit. Such permit is valid for the individual named while employed in any establishment licensed in the City of Dallas, Georgia.

(h)

An employee permit may be suspended or revoked by the chief marshal if it is determined that the individual has violated any provision of this chapter or committed any offense which would make him or her ineligible to hold such a permit.

(i)

Falsifying or failing to disclose any information required by this chapter shall be grounds for denial or revocation of the employee permit.

(j)

Notification of any denial, suspension, or revocation of an employee permit shall be in writing and served either in person or by certified mail and shall contain the reasons for such action and the notice of the right to appeal the decision.

(1)

Decisions of the chief marshal that adversely affect or aggrieve any applicant, certificate holder, or permit holder under this chapter may be appealed to the alcohol review board as provided in section 4-12 of this Code. All appeals shall be submitted in writing to the chief marshal within ten calendar days after notification of the adverse decision.

(2)

A hearing shall be conducted on each appeal within 30 days of the date of the filing of the written appeal, unless a continuance of such hearing is agreed to by the appellant and the chief marshal, or unless the hearing is rescheduled by the hearing officer. The appellant at such hearing shall have the right to be represented by an attorney, at the expense of the appellant, and to present evidence and cross-examine witnesses.

(3)

The appellant shall be notified in writing of the date and time of the hearing at least seven calendar days prior to the date of the hearing.

(4)

The findings of the alcohol review board shall be final unless appealed within 30 days of the date of the finding by certiorari in writing to the Superior Court of Paulding County, Georgia.

(k)

No licensee shall allow any employee or manager required to hold an employee permit to work on the premises unless the employee or manager has in their possession a current valid employee permit. Provided, however, that an individual may be employed for a period of time not to exceed 14 days pending the submission of the application to and the approval of the permit by the marshals bureau.

( Ord. No. OA-2015-03, 11-2-2015 )