§ 9-88. Malt beverage brewers and dealers.

(a)

License required. Each brewer, wholesale dealer and retail dealer of malt beverages, as such terms are defined in O.C.G.A. §§ 3-1-2 and 3-5-1, who does business within the City shall be required to obtain a license from the City Clerk in the manner specified in this chapter.

(b)

Fee established. The annual business license fee for malt beverage brewers, retail dealers, and wholesale dealers whose place of business is located within the City shall be as fixed by the City Council, and the annual business license fee for other wholesale dealers doing business in the City shall also be as fixed by the City Council.

(c)

Factors for City Council consideration. The full City Council, in passing upon an initial application for a malt beverage license at the final meeting thereon, shall be guided by the following factors as to whether to grant or deny such application:

(1)

The proximity of other establishments selling malt or alcoholic beverages to the proposed location;

(2)

The character of the neighborhood immediately adjacent to the proposed location;

(3)

The proximity of churches, schools and playgrounds to the proposed location;

(4)

Whether the proposed location has adequate off-street parking facilities or other parking available for its patrons;

(5)

Whether the location would tend to increase and promote traffic congestion and resulting hazards therefrom;

(6)

The feeling and attitudes of the citizens residing in the area adjacent to the proposed location;

(7)

The information set forth in the application;

(8)

Whether any malt or alcoholic beverage license previously issued for such location was ever revoked for cause by the City Council; and

(9)

Whether the applicant has ever sold malt or alcoholic beverages illegally in the municipality.

(10)

The applicant's reputation, character, mental and physical capacity to conduct this business;

(11)

If the applicant is a previous holder of a license to sell alcoholic beverages whether or not he has violated any law, regulation or ordinance relating to such business; and

(12)

If the applicant is a previous holder of a license to sell alcoholic beverages, the manner in which he conducted the business hereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinances relating to such business.

(d)

Change of location. A license issued under the provisions of this section shall permit the sale or manufacture of malt beverages only on the premises described in the application unless a change of location is approved by the City Council.

(e)

Sanitary conditions. All premises used for the sale or manufacture of malt beverages shall be kept in a safe and sanitary condition as required by the ordinances of the City and the laws of the State.

(Code 1978, § 9-71)