§ 4-81. Regulations as to employees and manager of licensed establishments.

The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises:

(1)

No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve in any managerial position by an establishment holding a license under this chapter until such person has been approved by the chief of police or his designee indicating that the person is eligible for such employment and has been issued an employee permit.

(2)

This section shall not be construed to include employees whose duties are limited solely to those of busboy(s), cook(s), host(s) or dishwasher(s).

(3)

No employee permit shall be issued until such time as a signed application has been filed with the police department, the employee permit fee paid, a current and valid state driver's license has been presented, a Social Security number has been provided, and a search of the criminal record of the applicant completed. The application shall include, but shall not be limited to, the name, date of birth and prior arrest record of the person, though the fact of an arrest record shall be used for investigative purposes only and shall give rise to no presumption or inference of guilt.

(4)

The chief of police or his designee shall have a complete and exhaustive search made relative to any criminal record of the employee permit applicant. If the applicant complies with all applicable provisions of this chapter, the chief of police or his designee shall issue an employee permit to the person stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal.

(5)

No person shall be granted an employee permit unless it appears to the satisfaction of the chief of police or his designee that such person has not been convicted or pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the felony or repeated misdemeanor illegal sale or possession of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law, keeping a place of prostitution, solicitation of sodomy or any sexually related crime within a period of five years of the date of conviction and has been released from parole or probation. A person's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make a person ineligible for an employee permit. No person shall be granted an employee permit who has been convicted, pled guilty or entered a plea of nolo contendere to any federal, state or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant was allowed to avail themselves of the Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, however, that any such offense shall not be ignored if the person violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the person had previously been sentenced as a first offender.

(6)

An employee permit shall be issued for a period of one calendar year from the date of the original application. Applications to renew an employee permit shall be filed and all required fees paid no later than 15 days prior to the date that the employee permit expires. The employee permit must be in the possession of the employee while the employee is working at the licensed establishment, or otherwise available for immediate inspection by members of the police department or a designee of the city.

(7)

No person shall be issued an employee permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the police department for an employee permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification before a new application and fee may be resubmitted.

(8)

All employee permits issued through administrative error can be terminated and seized by the chief of police or his designee or the director or its designee.

(9)

Replacement employee permits will be issued within 30 days of original date, upon paying one-half of the fee charged for an employee permit.

(10)

All employee permits issued under this chapter remain the property of police department and shall be produced for inspection upon the demand of the chief of police or his designee, the director or his designee.

(11)

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 valid employee permit. For new employees, a receipt issued by the city may be used for a maximum of 30 days from the date of its issue. Licensees are required by this chapter to inspect and verify that each employee required to do so has in their possession a valid employee permit.

( Ord. of 3-19-2013(1) , § 28; Ord. of 7-3-2018, § 1 )