§ 4-5. Grounds for denial of application.  


Latest version.
  • (a)

    The following shall be sufficient cause for the denial of an application:

    (1)

    Failure of the applicant to meet the qualifications for licensing as set forth in this chapter.

    (2)

    The making of any untrue or misleading statement in the application for an alcoholic beverage license.

    (3)

    Failure to meet distance requirements as provided in this chapter.

    (4)

    Where it appears that the applicant would not have adequate participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person or persons who would not otherwise qualify for a license for any reason whatsoever.

    (b)

    When contrary to the public interest and welfare no license to sell alcoholic beverages of any kind shall be issued to or for:

    (1)

    Any person by reason of such person's business experience, trade associations, personal associations, record of arrest, or reputation in any community in which he has resided, who is not likely to maintain the operation for which he is seeking a license in conformity with federal, state or local laws, rules and regulations.

    (2)

    Any person who has been convicted under any federal, state or local law of any felony involving moral turpitude.

    (3)

    Any person who has been convicted under any federal, state or local law of any felony not involving moral turpitude within ten years immediately preceding the filing of application for such license.

    (4)

    Any person convicted under any federal, state or local law of a misdemeanor, particularly, but not limited to, those involving alcoholic beverages, gambling or tax law violations, if such conviction tends to indicate that the applicant will not maintain the operation for which he is seeking a license in conformity with federal, state or local laws, rules and regulations.

    (5)

    A location not suitable in the judgment and discretion of the City of Dallas, Georgia because of traffic congestion, general character of the neighborhood, or by reason of the effect which such an establishment would have on the adjacent and surrounding properties or on the neighborhood.

    (6)

    A location within an area where, in the judgment of the City of Dallas, Georgia, the number of alcoholic beverage licenses already granted makes it contrary to the public interest or welfare.

    (7)

    A location at which the operation of the proposed business would be in violation of the City of Dallas, Georgia's Zoning Code.

    (8)

    A location at which a previous alcoholic beverage license has been revoked or suspended, and where, in the judgment of the City of Dallas, Georgia, the problems which have arisen from the operation of an alcoholic beverage license at such location indicate that it is not in the interest of public health, safety, welfare or morals that the sale of alcoholic beverages be permitted at such location.

    (9)

    Which the granting of such license would constitute a violation of state law or regulations.

    (10)

    The operation of a distilled spirits package business licensed hereunder by any person already holding two such licenses.

    (11)

    Any person who is as close kin as brothers or sisters, by blood or marriage, to one already holding two distilled spirits package licenses under this chapter.

    (12)

    Any trustee or director of a private club, if disqualified under this chapter.

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