Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses and Occupation Taxes Generally
5.08 General Provisions
5.12 Alcoholic Beverages
5.16 Cable Television System
5.20 Depository Financial Institutions
5.24 Insurance Companies
5.28 Vehicles For Hire
5.32 Other Businesses
5.36 Pawnbrokers
Chapter 5.04
BUSINESS LICENSES AND OCCUPATION TAXES GENERALLY
Sections:
5.04.010 Occupation tax required.
5.04.020 Purpose and scope of occupation tax.
5.04.030 Construction of terms--Definitions.
5.04.040 Occupation tax levied.
5.04.050 Number of businesses considered to be operating in the city.
5.04.060 Professionals as classified in O.C.G.A. Section 48-13-9(c), paragraphs 1-18.
5.04.070 Exemption for practitioners practicing exclusively for a government.
5.04.080 Payment of occupation tax--Effect of delinquency.
5.04.090 Temporary business establishments.
5.04.010 Occupation tax required.
For the year 1995 and succeeding years thereafter, each person engaged in a business, trade, occupation or profession within the city limits of the city, shall pay an occupation tax for such business, trade, profession or occupation and shall furnish upon request of the city manager or his designee proof of current payment of said tax in the form of an annual receipt therefor issued by the city.
(Prior code § 13-1)
5.04.020 Purpose and scope of occupation tax.
The occupation tax levied under this chapter is for revenue purposes only and is not for regulatory purposes, nor is the payment of the tax made a condition precedent to the practice of any profession or engaging in any occupation. The occupation tax only applies to those businesses and occupations which are covered by the provisions of O.C.G.A. Sections 48-13-5 through 48-13-26. Any other businesses or occupations shall be taxed by the city pursuant to this Title and/or any other pertinent general or local law or ordinance.
(Prior code § 13-2)
5.04.030 Construction of terms--Definitions.
As used in this chapter:
"Administrative fees" means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax.
"Employee" means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2, but not a form I.R.S. 1099.
"Location" or "office" includes any structure or vehicle where a business, profession or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery of a business or practitioner of a profession or occupation which had a location or office.
"Occupation tax" means a tax levied on persons, partnerships, corporations or other entities for engaging in an occupation, profession or business for revenue raising purposes.
"Person" includes sole proprietors, corporations, partnerships, nonprofit organizations or any other form of business organization or entity.
"Practitioner of profession" or "occupation" means a person who by Georgia law requires state licensure regulating such profession or occupation, but shall not include a practitioner who is an employee of a business which pays an occupation tax.
(Prior code § 13-3)
5.04.040 Occupation tax levied.
A. An occupation tax shall be levied upon each business and practitioner of a profession or occupation (except those exempted by Georgia law) with one or more offices or locations in the city based upon the maximum number of employees of the business or practitioner during the thirty (30) days next preceding December first of each year.
B. The tax rate for such occupation tax shall be as follows and may be adjusted annually by amendment of this section; provided, however, that the city council shall conduct at least one public hearing before adopting any ordinance or resolution regarding occupation tax:
Number of employees Tax liability
0--4 $100.00
5--20 $20.00 per employee
21--75 $420.00 plus $15.00 for each employee in excess of 20
76--175 $1,245.00 plus $13.00 for each employee in excess of 75
Over 175 $2,545.00 plus $9.00 for each employee over 175
C. 1. No business or practitioner shall be required to pay more than one occupation tax for each of its locations.
2. No occupation tax shall be required from those real estate brokers, real estate agents, or real estate companies whose offices are located outside the city and who sell property located inside the city.
D. The number of employees of the business or practitioner shall be computed on a fulltime position basis or fulltime position equivalent basis, provided that for the purposes of this computation an employee who works forty (40) hours or more weekly shall be considered a fulltime employee and that the average weekly hours of employees who work less than forty (40) hours weekly shall be added and such sum shall be divided by forty (40) to produce fulltime position equivalents.
(Prior code § 13-4)
5.04.050 Number of businesses considered to be operating in the city.
Where a person conducts business in more than one fixed location, each such location shall be considered a separate business for the purposes of this chapter.
The occupation tax provided in Section 5.04.040 of this chapter shall be levied, assessed and collected on those businesses and practitioners of professions and occupations with no location or office in the state of Georgia if the business or practitioner:
1. Has one or more employees or agents who exert substantial efforts within the corporate limits of the city for the purpose of soliciting business or serving customers or clients; or
2. Owns personal or real property which generates income and which is located within the corporate limits of the city.
(Prior code § 13-5)
5.04.060 Professionals as classified in O.C.G.A. Section 48-13-9(c), paragraphs 1-18.
A. Practitioners of professions as described in O.C.G.A. Section 48-13-9(c)(1) through (20) shall elect as their entire occupation tax one of the following:
1. The occupation tax based on number of employees as set forth in section 5.04.040 of this chapter.
2. A tax of one hundred dollars ($100.00) per practitioner who is licensed as such by the state of Georgia. The tax under this option shall apply to each practitioner maintaining an office or location in the city.
B. This election shall be made annually by the practitioner and reported in writing to the city by December first of each year. Any practitioner failing to report such election shall be deemed to have elected the occupation tax based on number of employees as set forth in Section 5.04.040 of this chapter.
(Prior code § 13-6)
5.04.070 Exemption for practitioners practicing exclusively for a government.
Any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state of Georgia, or any political subdivision or instrumentality of either of them shall not be required to pay the occupation tax levied under this chapter.
(Prior code § 13-7)
5.04.080 Payment of occupation tax--Effect of delinquency.
A. The occupation tax shall be payable January first of each year and shall, if not paid by January thirty-first of each year, be subject to penalties for delinquency as hereinafter prescribed. The tax on any new profession, business or occupation begun in the city shall be based upon the good faith written estimate by the practitioner, owner, proprietor, manager or executive officer of such profession, business or occupation of the maximum number of employees from its commencement date to the end of the calendar year of commencement, and the prorated amount of such tax shall be delinquent if not paid within the thirty (30) days next following the commencement of such profession, business or occupation. Failure of any person liable therefor under this article to timely pay the occupation tax shall constitute an offense which, upon conviction thereof in the municipal court of the city, shall subject the offender to punishment as provided in Section 1.12.010 of this code.
B. In addition to the foregoing remedy, delinquent occupation taxes may be collected by the issuance and enforcement of executions in accordance with the provisions of Section 14 of the City Charter, as the same may be amended from time to time. Delinquent taxes shall carry interest and penalty as provided in O.C.G.A. Sections 48-2-40 and 48-13-21, respectively, as the same may be amended from time to time.
(Prior code § 13-8)
5.04.090 Temporary business establishments.
No person shall be permitted to erect upon the public common of said city any tent, booth, or other place of business without the authority and written consent of the governing body.
(Prior code § 14-35)
Chapter 5.08
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
5.08.010 Purpose of chapter.
5.08.020 Definitions.
5.08.030 Adult entertainment establishment regulations.
5.08.040 Certain activities prohibited.
5.08.050 License required.
5.08.060 Admission of minors unlawful.
5.08.070 Location.
5.08.080 Adult entertainment establishment employees.
5.08.090 Application for license
5.08.100 Application investigation.
5.08.110 Persons prohibited as licensees.
5.08.120 License refusal--Appeal.
5.08.130 Procedure for appeal.
5.08.140 License renewal.
5.08.150 Change of location or name.
5.08.170 Violations--Penalty.
5.08.180 Unlawful operation declared nuisance.
5.08.010 Purpose of chapter.
The purpose of this chapter is to regulate adult entertainment establishments so that criminal behavior, depressed property values and increased expenditures for law enforcement, which in common human experience have accompanied the operation of such establishments, may be avoided or controlled. It is recognized that such regulation cannot amount to total suppression of a constitutionally protected form of expression. This chapter is intended as a balancing of competing interests; control of criminal behavior and protection of neighborhoods through the regulation of adult entertainment establishments versus the rights of adult entertainment establishments and their patrons to freedom of expression.
(Prior code § 14-63)
5.08.020 Definitions.
The following terms used in this chapter defining adult entertainment establishments shall have the meanings indicated below:
"Adult bookstore" means an establishment having a substantial or significant portion of its stock in trade as books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent or more of its total floor space, devoted to the sale or display of such materials or five percent or more of its net sales consisting of printed materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Adult entertainment establishment" means an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult video store, adult hotel or motel, adult motion picture arcade, cabaret, encounter center, escort bureau, adult business, adult dancing establishment or erotic dancing establishment.
"Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty (50) persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
"Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons used for commercially presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
"Adult video store" means an establishment having a substantial or significant portion of its stock in trade video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent or more of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Erotic dance establishment" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
"Escort bureau" or "introduction service" means any person, firm, corporation or other entity which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish names of persons, or which introduces, furnishes, or arranges for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place or public resort or within any private quarters.
"Good Moral Character." A person is of good moral character according to this chapter if that person has not been convicted of a felony, or any crime not a felony if it involves moral turpitude, in the past five years. "Conviction" as used herein includes pleas of nolo contendere or bond forfeiture when charged with such crime.
"Minor" means for the purposes of this chapter, any person who has not attained the age of eighteen (18) years.
"Specified anatomical areas" include any of the following:
1. Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activities" means and includes any of the following:
1. Actual or simulated sexual intercourse, masturbation, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation, torture or other infliction of pain in the context of a sexual relationship, or the use of human excretory functions in the context of a sexual relationship; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Fondling or touching of clothed or unclothed human pubic region, buttocks or female breast; or
4. Erotic or lewd touching, fondling or other sexual contact with an animal by a human being.
(Prior code § 14-64)
5.08.030 Adult entertainment establishment regulations.
A. No person, firm, corporation or other entity shall advertise or cause to be advertised an adult entertainment establishment without a valid adult entertainment establishment license issued pursuant to this chapter.
B. No later than March first of each year, an adult entertainment establishment licensee shall file a verified report with the Covington police department showing the licensee's gross receipts and amounts paid to dancers for the preceding calendar year.
C. An adult entertainment establishment licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers.
D. No adult entertainment establishment licensee shall employ or contract with, as a dancer, a minor or a person not licensed pursuant to this chapter.
E. No minor shall be admitted to an adult entertainment establishment.
F. An erotic dance establishment may be open between the hours of eight a.m. and two a.m. Monday through Friday, and Saturday from eight a.m. through two fifty five a.m. on Sunday.
G. No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverage or controlled substance upon the premises of the licensee.
H. An adult entertainment establishment licensee shall conspicuously display all licenses required by this chapter.
I. All dancing in an erotic dancing establishment shall occur on a platform intended for that purpose which is raised at least eighteen (18) inches from the level of the floor.
J. No dancing in an erotic dancing establishment shall occur closer than four feet to any other person.
K. No dancer in an erotic dancing establishment shall fondle or caress any other person, and no other person shall fondle or caress such dancer.
L. No patron shall directly pay or give any gratuity to any dancer in an erotic dancing establishment.
M. No dancer shall solicit any pay or gratuity from any patron in an erotic dancing establishment.
N. All areas of an adult entertainment establishment licensed under this article shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to three and five-tenths foot-candles per square foot.
O. If any portion or subparagraph of this section or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this section or application to other persons or circumstances shall not be affected.
(Prior code § 14-65)
5.08.040 Certain activities prohibited.
No person, firm, corporation or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area or buttocks in a lewd and obscene fashion.
(Prior code § 14-66)
5.08.050 License required.
It is unlawful for any person, firm, corporation or other entity to engage in, conduct or carry on in or upon any premises within the city any of the adult entertainment activities or enterprises defined in this chapter without a current valid license to do so. No license so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the state of Georgia or the United States.
(Prior code § 14-67)
5.08.060 Admission of minors unlawful.
It is unlawful for an adult entertainment establishment licensee to admit or permit the admission of minors within the premises of such establishment.
(Prior code § 14-68)
5.08.070 Location.
A. No adult entertainment establishment shall be located in any zoning district except M2, nor:
1. Within five hundred (500) feet of any parcel of land which is either zoned or used for residential purposes;
2. Within one thousand (1,000) feet of any parcel of land upon which a church, school, government building, library, civic center, public park or playground is located;
3. Within one thousand (1,000) feet of any parcel of land upon which another adult entertainment establishment is located;
4. Within one thousand (1,000) feet of any parcel of land upon which any other establishment selling alcoholic beverages is located;
5. On any parcel of land containing less than one acre;
6. On any parcel of land with less than one hundred (100) feet of public road frontage.
B. For the purposes of this section, distance shall be by measurement in a straight line from property line, using the closest property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.
(Ord. dated 3/5/07 § 1; prior code § 14-69)
5.08.080 Adult entertainment establishment employees.
A. Qualifications. Employees of an adult entertainment establishment shall be not less than eighteen (18) years of age. Every employee must be of good moral character as defined in this chapter. No employee who is convicted of a crime constituting a felony or a crime not a felony involving moral turpitude while employed in an adult entertainment establishment shall work on any premises of an adult entertainment establishment for a period of five years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term "convicted" shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with such crime. The terms "employed in an adult entertainment establishment" and "work on any premises of an adult entertainment establishment" shall be deemed to include work done or services performed while in the scope of employment elsewhere than on the licensed premises of an adult entertainment establishment.
B. Approval for Employment. Before any person may work in an adult entertainment establishment he shall file a notice with the chief of police of his or her intended employment on forms supplied by the city including, but not limited to, a color photograph of the applicant taken not sooner than one year preceding the application date, and shall receive written approval for such employment from the chief of police. The prospective employee shall supply such information as the chief of police may require, including a set of fingerprints, on regular city or United States Department of Justice forms. If approval is denied, the prospective employee may within ten (10) days of said denial, apply to the city manager for a hearing. The decision of the city manager after hearing may be appealed to the city council which may issue such order as is proper in the premises. An investigation fee of fifty dollars ($50.00) shall accompany the notice of intended employment.
C. Suspension or Revocation of Employment Approval. Violation of the provisions of this chapter, the code of the city or the laws and regulations of the state of Georgia shall at the discretion of a court of competent jurisdiction subject an employee to mandatory suspension or revocation of the said approval for such employment.
D. Independent Contractors. For the purpose of this chapter, independent contractors performing services for an adult entertainment establishment shall be considered as employees and shall be as employees, pursuant to this section, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.
(Prior code § 14-70)
5.08.090 Application for license
A. Any person, firm, corporation or other entity desiring to obtain a license to operate, engage in, conduct or carry on an adult entertainment establishment within the city shall make application in person to the city manager or his designated representative. Prior to submitting such application, a nonrefundable fee, established by resolution of the city council, shall be paid to the city clerk to defray, in part, the cost of investigation and report required by this chapter. The city clerk shall issue a receipt showing that such application fee has been paid. The receipt or a copy thereof shall be supplied to the city manager at the time such application is submitted.
B. Such application shall contain the following information:
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. The previous addresses of the applicant, if any, for a period of five years immediately prior to the date of the application and the dates of the residence at each.
4. Acceptable written proof that the applicant is at least eighteen (18) years of age.
5. The applicant's height, weight, color of eyes and hair and date and place of birth.
6. Two photographs of the applicant at least two inches by two inches taken within six months preceding the application filing date.
7. Business, occupation or employment history of the applicant, including all members, partners, officers, directors or shareholders holding more than five percent of the shares of stock of any corporate applicant.
8. The business license history of the applicant and a statement as to whether such applicant has ever had a license or permit for an adult entertainment establishment revoked or suspended, the reason therefor, and the applicant's business activity or occupation subsequent to such action of suspension or revocation.
9. All convictions of violations of law, including ordinance violations, exclusive of traffic violations, stating the date, place and current status of any such conviction.
10. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of, incorporation or charter, together with the place and date of incorporation, and the names, addresses and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed in the appropriate jurisdiction. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged.
11. The names and address of the owner of the real property upon which the business is to be conducted and a copy of any applicable lease or rental agreement.
12. Such other identification and information as the Covington police department may require in order to discover the truth of the matters hereinbefore specified to be set forth in the application.
13. If the applicant, any partners or any of the officers, directors or stockholders holding more than five percent of the outstanding shares of any corporate applicant, have ever been convicted of any crime constituting a felony, or any crime not a felony involving moral turpitude, in the five years immediately preceding the filing date of the application, a complete description of any such crime, including date of violation, date of conviction, jurisdiction and any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed.
14. An individual applicant or responsible managing officer shall furnish a set of his fingerprints on regular city or United States Department of Justice forms.
15. If the applicant does business under a trade name, a copy of the trade name registration.
16. If the applicant is a foreign corporation, a copy of its certificate of authority to do business in Georgia. If the applicant is a domestic corporation, a copy of its articles of incorporation and its most recent annual registration with the Georgia Secretary of State.
17. At least three character references from individuals who are in no way related to the applicant or individual partners or shareholders, officers or directors of any corporate applicant and who will not benefit financially in any way from the application if the license is granted and who have not been convicted of any felony or any violation not a felony involving moral turpitude in the five years immediately preceding the filing date of the application. The city shall furnish forms consistent with the provisions of this subsection for the applicant, who shall submit all character references on such forms.
18. Address of the premises to be licensed.
19. A plat by a Georgia registered land surveyor showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, its proximity to any church, school, public park, governmental building or site of other business required to be regulated under this chapter.
20. Each application for an adult entertainment establishment permit shall be verified and acknowledged under oath to be true and correct by:
a. If the applicant is an individual, the individual;
b. If by a partnership, by the manager or general partner;
c. If a corporation, by the president of the corporation;
d. If any other entity, by its chief executive officer.
21. Such other information as may be deemed necessary or desirable by the city manager to ensure the health, safety and welfare of the residents of the city or the preservation of its neighborhoods.
(Prior code § 14-71)
5.08.100 Application investigation.
The city manager shall have thirty (30) days to investigate the application and the background of the applicant. Upon completion of the investigation, the city manager shall grant the permit if he finds that:
A. The required fee has been paid;
B. The application conforms in all respects to the provisions of this chapter;
C. The applicant has not knowingly made a material misrepresentation in the application;
D. The applicant has fully cooperated in the investigation of his application;
E. The applicant, if an individual, or any of the officers, directors or stockholders of a corporation applicant, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted of a felony or other offense involving moral turpitude;
F. The applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause by the city or any other jurisdiction, wherever located, prior to the date of application;
G. The building, structure, equipment or location of such business as proposed by the applicant would comply with this article and all other applicable laws and ordinances, including but not limited to health, zoning, distance, fire and safety requirements and standards;
H. The applicant is at least twenty-one (21) years of age;
I. Neither the applicant, nor any former or present employee, agent, partner, director, officer, stockholder or manager of the applicant has within five years of the date of the application, knowingly allowed or permitted any of the specified sexual activities as defined herein to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located or has allowed such premises to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur;
J. On the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;
K. The grant of such license will not cause a violation of this article or any other ordinance or regulation of the city, the state of Georgia or the United States.
(Prior code § 14-72)
5.08.110 Persons prohibited as licensees.
No license provided for by this chapter shall be issued to or held by:
A. An applicant who has not paid all required fees and taxes, including ad valorem taxes, due for a business at that location;
B. Any person who is not of good moral character;
C. Any corporation, any of whose officers, directors or stockholders holding over five percent of the outstanding issued shares of capital stock are not of good moral character;
D. Any partnership or association, any of whose officers or members holding more than five percent interest therein are not of good moral character;
E. Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character;
F. Any applicant who is otherwise not qualified to hold and conduct a business according to the, laws of the United States, the state of Georgia or the city of Covington.
(Prior code § 14-73)
5.08.120 License refusal--Appeal.
If the city manager, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this chapter, he shall notify the city clerk of such opinion and, within thirty (30) days of the date of application, provide copies of the investigation report to the city clerk. The city clerk shall, within ten (10) days thereafter, notify the applicant by certified mail of such denial. Any applicant who is denied a license may appeal such denial to the city council.
(Prior code § 14-74)
5.08.130 Procedure for appeal.
A. The licensee may, within ten (10) days after he has been notified of an adverse determination, submit a notice of appeal to the city clerk.
B. The notice of appeal shall be addressed to the city council and shall specify the subject matter of the appeal, the date of any original and amended license application, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the city council and the name and address of the applicant.
C. The clerk shall place the appeal on the agenda of the next regular city council meeting occurring not less than five nor more than thirty (30) days after receipt of the application for city council review.
D. At said meeting or appropriate adjournment thereof the city council shall receive all relevant testimony and evidence from the licensee, from interested parties and from the appropriate city officials. The city council may sustain, overrule or modify the action complained of, and the action of the city council shall be final. Further appeal to the Superior Court of Newton County shall be as provided by Georgia law.
E. The city council shall not be bound by the traditional rules of evidence in hearings conducted under this chapter.
(Prior code § 14-75)
5.08.140 License renewal.
Licenses for adult entertainment establishments may be renewed on a year-to-year basis, provided the licensee continues to meet the requirements set out in this chapter. The renewal fees for the adult entertainment establishment licenses shall be established by resolution of the city council.
(Prior code § 14-76)
5.08.150 License nontransferable.
No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person, firm, corporation or other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be null and void; provided and excepting, however, that if the licensee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license, and in such case the license, upon notification to the city, shall be placed in the name of the surviving partner. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license or any stock authorized but not issued at the time of the granting of a permit is thereafter issued and sold, transferred or assigned.
(Prior code § 14-77)
5.08.160 Change of location or name.
A. No adult entertainment establishment shall move from the location specified on its license until a change of location fee, established by resolution of the city council, has been deposited with the city clerk and approval has been obtained from the city manager and the city zoning official. Such approval shall not be given unless all requirements and regulations contained in this chapter and the zoning ordinance and regulations of the city have been met.
B. No licensee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than the name of the licensee as specified on the applicable license.
C. Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require an inspection by the city zoning official or his designee and shall comply with the provisions and regulations of this chapter.
(Prior code § 14-78)
5.08.170 Violations--penalty.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor, punishable as provided in Section 1.12.010 of this code. In addition to such punishment, violation of this chapter shall also be grounds for immediate suspension or revocation of any license issued hereunder.
(Prior code § 14-79)
5.08.180 Unlawful operation declared nuisance.
Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is further declared to be a public nuisance. The city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for abatement, removal or enjoinment of such public nuisance in the manner provided by law. It may also initiate such other action in a court of competent jurisdiction as may be necessary to restrain and enjoin any person from operating, conducting or maintaining an adult entertainment establishment contrary to the provisions of this chapter.
(Prior code § 14-80)
Chapter 5.12
ALCOHOLIC BEVERAGES
Sections:
Article 1 General Provisions
5.12.010 License required.
5.12.020 Compliance with state law.
5.12.030 Definitions.
5.12.040 Hours of operation.
5.12.050 Location.
Article 2 Licensing Procedures and Regulations
5.12.060 Qualifications for licensees.
5.12.070 Application requirements.
5.12.080 Application procedure.
5.12.090 Transfer restrictions.
5.12.100 License fees.
Article 3 Excise Taxes
5.12.110 Malt beverages and wine--Wholesale.
5.12.120 Distilled spirits--Retail.
5.12.130 On-premises consumption.
5.12.140 Excise tax rates.
Article 4 Miscellaneous Regulations
5.12.150 Wholesale deliveries.
5.12.160 Retail storage.
5.12.170 Exclusion of minors from licensed premises.
5.12.180 Delivery of packaged distilled spirits.
5.12.190 Reporting requirements for restaurants.
5.12.200 Containers for on-premises consumption.
5.12.210 Requirements for permanent employees of licensees for on-premises consumption.
5.12.220 Requirements for temporary employment of outside persons.
5.12.230 Permitted attire for employees and customers.
5.12.240 Prohibited activities for on-premises consumption licensees.
5.12.250 Public consumption of alcoholic beverages.
Article 5 Enforcement
5.12.260 Enforcement.
5.12.270 Production of records.
5.12.280 Suspension or revocation of licenses.
5.12.290 Seizure of contraband.
5.12.300 Penalty.
Article 1
General Provisions
5.12.010 License required.
Subject to the provisions of this chapter, the city will issue retail licenses for the sale of alcoholic beverages for off-premises consumption, licenses for sale of alcoholic beverages for on-premises consumption, wholesale licenses for the distribution of alcoholic beverages and licenses for the manufacture of alcoholic beverages within the corporate limits of the city. It shall be unlawful for any person to manufacture, sell, offer to sell or possess for the purpose of distribution or sale of alcoholic beverages in the city without being currently licensed as required under this chapter.
(Ord. dated 6/16/08 § 1 (part))
5.12.020 Compliance with state law.
The laws of this state, regulating the sale and distribution of alcoholic beverages, codified as the Georgia Alcoholic Beverages Code, are incorporated into this chapter and made a part hereof by reference. Convictions of any violation of said laws or any provision of this chapter by the holder of a license issued pursuant to this chapter shall constitute grounds for immediate revocation of such license.
(Ord. dated 6/16/08 § 1 (part))
5.12.030 Definitions.
As used in this chapter, the following words and terms shall have the meanings herein given them:
"Alcoholic beverage" means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine, as such terms are defined in the Georgia Alcoholic Beverage Code or otherwise regulated for the packaged sale thereof under this chapter.
"Church" means an entire building or structure used primarily as a place of worship, irrespective of the denomination of the worshipers.
"Distilled spirits" means any alcoholic beverage obtained by distillation or containing more than twenty-one (21) percent alcohol by volume.
"Hotel" means a building or structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for rent to guests, whether transient, temporary, or permanent, which has a minimum of seventy-five (75) rooms, each having a minimum gross area of two hundred (200) square feet (including a private bathroom for each guest room) used for the sleeping accommodations of such guests and which regularly offers at least sixty (60) percent of its rooms for travelers and guests on a short-term basis. A hotel may, but is not required to, offer public dining rooms, meeting rooms and other related facilities which are conducted on the same premises and as a part of the hotel operation. Motels meeting the qualifications set out herein for hotels shall be considered to be a hotel hereunder.
"License" means the authorization by the city to engage in the sale of alcoholic beverages.
"Licensee" means any person, firm or corporation duly licensed to sell alcoholic beverages.
"Lounge" means a separate room where alcoholic beverages are served by the drink, which is either connected with or part of and is adjacent to a restaurant and operated in conjunction therewith, or located in a hotel and operated in conjunction with the hotel, on the same premises as the hotel, and under the same management as the hotel operations. All indoor portions of lounges shall be air conditioned, have a seating capacity for at least forty (40) patrons, and shall have all booths, stools and tables unobstructed and open to view.
"Malt beverage" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than six percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.
"Minor" for purposes of this chapter means any person under twenty-one (21) years of age.
"Person" means and includes any individual, partnership, corporation, limited liability company or other business entity.
"Premises" means the definite closed, enclosed or portioned-in locality, whether a room, shop or building, and any structures, including patios, verandas, porches, decks, pavilions and terraces which are physically attached to said locality and upon prior written consent of, and under such conditions as may be specified by, the mayor and council of the city, may include a portion of the public sidewalk right-of-way adjacent to said locality, wherein alcoholic beverages may be sold and consumed. Notwithstanding any provision of this article to the contrary, the term "premises," when applied to a golf course shall also mean and include all tee areas, cart paths, fairways, roughs, greens and other open areas within the boundaries of the tract of land upon which the golf course is situated.
"Private club" means a nonprofit corporation or limited liability company organized and existing under the laws of the state of Georgia, actively in operation within the city having at least fifty (50) dues paying members, and owning, hiring or leasing a building or space therein for the exclusive use of its members with suitable kitchen and dining room space and equipment and maintaining a sufficient number of employees for preparing and serving meals for its members and guests at least five days a week, provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages by the club to its members or guests beyond the amount of such salary as may be fixed by its members at or its governing board to be paid out of the general revenue of the club.
"Private residence" means a house or dwelling wherein not less than one nor more than two families customarily reside and shall not include a mobile home, an apartment house or condominium having facilities for housing more than two families, nor a boarding or rooming house where there are five or more boarders or roomers.
"Restaurant" means any public place maintained, and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, and provided with kitchen and dining room facilities with seating capacity for at least twenty-five (25) people, employing a sufficient number of employees to prepare and serve food for its guests. At least one meal per day must be served at least five days a week, with the exception of holidays, vacations and periods of redecorating, and the serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises only incidental thereto. The sale of alcoholic beverages in a dollar amount exceeding the dollar food sales for any period of ninety (90) consecutive days shall be prima facie evidence that the principal business of a licensee is not that of serving food.
"Wholesaler" or "wholesale distributor" means any person engaged in distribution or selling to licensees for the resale of alcoholic beverages.
"Wine" means any alcoholic beverage containing not more than twenty-one (21) percent alcohol by volume, made from fruits, berries or grapes, either by natural fermentation or by fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.
(Ord. dated 6/16/08 § 1 (part))
5.12.040 Hours of operation.
A. Retail Sales for Off-Premises Consumption. The hours of operation for licensees for retail sales of alcoholic beverages for off-premises consumption shall be between the hours of seven a.m. and eleven forty-five p.m., Monday through Saturday, except on Thanksgiving and Christmas.
B. Wholesale Sales. The hours of operation of licensees for the wholesale sales of alcoholic beverages shall be between the hours of seven a.m. and six p.m., Monday through Saturday.
C. Retail Sales for On-Premises Consumption.
1. The hours of operation for licensees for retail sales of alcoholic beverages for on-premises consumption shall be between the hours of eight a.m. and one-thirty a.m., Monday through Saturday, and between the hours of twelve-thirty p.m. and twelve midnight on Sunday.
2. No licensee shall in any manner dispense alcoholic beverages or permit consumption or possession of alcoholic beverages on the licensed premises between the hours of two o'clock a.m. and eight a.m., Monday through Saturday, nor on Sunday, except between the hours of twelve-thirty p.m. and twelve midnight.
3. The provisions of this subsection shall not be construed so as to prohibit a restaurant from being open for business during times when the sale or consumption of alcoholic beverages is prohibited, so long as the licensee posts a conspicuous notice to its customers that such sales are illegal at those times.
(Ord. dated 6/16/08 § 1 (part))
5.12.050 Location.
A. Except as may be applicable to a golf course, sales of alcoholic beverages under licenses issued under this chapter shall be made only at the location shown in the license application, and such location for the manufacture, wholesale or packaged spirituous liquor sales may only be a conforming use in a district zoned for industrial or business uses with adequate on-premises parking as required by the then applicable parking regulations of the city.
B. In addition to the foregoing location requirements in this section, a building proposed as a location for on-premises consumption of alcoholic beverages shall afford adequate toilet facilities and parking spaces and shall provide sufficient lighting so that the interior of the building and the premises on all sides of the building are illuminated and readily visible at all times from the street on which the building is located.
C. Where a building in which a licensee proposes to operate under the provisions of this article is at the time of application for such license not in existence, or not yet completed, the license may be approved by the mayor and council for subsequent issuance by the city clerk, provided the applicant files with the application plans and specifications for the proposed building showing clearly a compliance with all provisions of this article and applicable ordinances of the city and state law. Any other provisions of this article to the contrary notwithstanding, the city clerk shall not issue the license and no sales shall be allowed at such location until the premises have been completed in accordance with such plans and specifications and otherwise in conformity with the other provisions of this article and state law. Such license shall be secured by the applicant within fourteen (14) days after the issuance of the certificate of occupancy for the subject premises.
D. It shall be unlawful for any licensee, other than manufacturer or wholesale licensees, under this chapter to deliver alcoholic beverages beyond the boundaries of the location for which such license is granted. Any alcoholic beverage served in an original container by a licensee for on-premises consumption shall be opened prior to delivery to a customer, nor shall any such licensee permit a customer to leave the licensed location with an alcoholic beverage served by the licensee.
E. Licenses for consumption on premises will only be issued for locations for the operation of a golf course, duly licensed restaurant or lounge in conjunction with a duly licensed hotel, as those terms are defined in this chapter.
(Ord. dated 6/16/08 § 1 (part))
Article 2
Licensing Procedures and Regulations
5.12.060 Qualifications for licensees.
Applicants for licenses in the several alcoholic beverage sale categories shall meet the following requirements and provide the city with appropriate sworn statements related thereto.
A. Retail Sales for Off-premises Consumption.
1. The applicant shall be not less than twenty-one (21) years of age.
2. The applicant shall not have been convicted, pled guilty or nolo contendere to any felony or to any other offense related to the sale, manufacture or use of alcoholic beverages or any Georgia Controlled Substance, as that term is defined in O.C.G.A. Section 16-13-21, sex crimes or crimes against children; provided, however, that if the applicant has had any such conviction and has successfully completed five years of any probation or parole imposed upon said conviction then this disqualification shall be removed.
3. The applicant shall be active in and solely responsible for the management of the business for which the license is granted.
4. If the applicant is a partnership all members thereof must meet the foregoing requirements.
5. If the applicant is a corporation or a limited liability company the manager must meet requirement numbers 1 and 2, of this subsection and all its directors and officers must meet requirement number 2 of this subsection.
B. Wholesale Sales. Wholesale licenses shall only be issued to applicants who are licensed by the State Revenue Department of Georgia.
C. Retail Sale or Manufacture of Distilled Spirits for Off-premises Consumption. In addition to the requirements of subsection A of this section, an applicant for a license for the retail sale or manufacture of distilled spirits for off-premises consumption must meet the following requirements:
1. Each applicant or person having a direct or indirect beneficial interest in the license must not have had any license relating to alcoholic beverages issued by any licensing authority in the state of Georgia revoked.
2. No person or entity shall hold a beneficial interest in more than one license issued under this article.
D. Sale for On-premises Consumption. In addition to the requirements of subsection A of this section applicants for licenses for the sale of alcoholic beverages by the drink for on-premises consumption shall meet the following requirements:
1. Residency. Applicant (the owner, if a sole proprietorship; a partner, if a general partnership; or a designated officer or local general manager, if a corporation or limited liability company) shall designate a resident of Newton County who shall be responsible for any matter related to the license. Such residency shall not be a requirement if the applicant is a corporation authorized to do business in Georgia which designates an officer of the corporation or a general manager at the applicant's location in the city who shall be responsible for any matter related to the license.
2. Prior Convictions. The applicant shall not have been convicted of any sex crime, including prostitution, any crime involving a controlled substance as that term is defined in O.C.G.A. Section 16-13-21(4), or any crime involving a child.
3. Business Interests. Neither the applicant nor any owner of a beneficial interest in the applicant may have a financial interest in any distillery, wholesale liquor business or more than one retail package liquor business, or may have had any license for the manufacture, distribution or sale of alcoholic beverages in Georgia revoked by the issuing authority.
4. The applicant must be duly licensed to operate a restaurant, as a private club, or to operate a lounge in conjunction with a duly licensed hotel.
(Ord. dated 6/16/08 § 1 (part))
(Ord. dated 12/8/08, § 1; Ord. dated 6/7/10, § 1)
5.12.070 Application requirements.
A. Applications for licenses for sale of alcoholic beverages in the city shall be made to the mayor and council on forms provided by the city and filed with the city clerk. Such application shall contain the name and address of the applicant; a description of the proposed location of the business; the type of business to be conducted; and, if a corporation or limited liability company, the names and addresses of all members, shareholders, officials of the applicant and the names and address of any other person or entity who will have a beneficial interest in the license, if issued; if a partnership, the names and addresses of all partners; and such further information as may be deemed appropriate by the mayor and council under the provisions of this chapter. The completeness and accuracy of such information shall be sworn to or affirmed in writing by the applicant at the time of filing the application.
B. Applicants for a consumption on premises license shall also attach to such application:
1. A sketch, drawing or floor plan of the building and outside premises or, if such building has not been completed on the date of filing the application, a copy of the plans and specifications for the proposed building and a copy of a current building permit issued by the city planning department for same;
2. Any and all other documents necessary or desirable to establish that the applicant meets the definition of the category of business for which a license may be granted pursuant to the provisions of Section 5.12.050 of this chapter.
(Ord. dated 6/16/08 § 1 (part))
(Ord. dated 3/4/09, §§ 1, 2)
5.12.080 Application procedure.
A. Upon filing the application with the city clerk, the applicant shall deposit in cash a nonrefundable processing fee of one hundred dollars ($100.00) to cover the expense of the city's evaluation, processing and publication fees in connection with the application.
B. The city shall require no more than forty-five (45) days for processing the application; provided, however, that applications for renewal of licenses shall be made on or before November 1st and processed on or before December 31st of the year in which such application is filed. A penalty of ten (10) percent of the applicable license fee shall be assessed for failure to timely renew such license.
C. At the time the application is filed the city clerk shall provide notice to the applicant of the date on which the application will be considered by the mayor and council. The applicant shall appear, personally or by attorney, at the council meeting at which the application is scheduled to be considered. The city clerk shall also publish in the newspaper in Newton County in which legal advertisements are published notice of the filing of the application at least once a week for the two weeks next preceding the week in which such consideration of the application is scheduled. Such notice shall contain a description of the location of the proposed business, the name of the applicant and, if a partnership, the names of all the partners and, if a corporation or limited liability company, the name of its officers and all its shareholders or members, as the case may be, as well as the date, time and location of consideration of the application by the mayor and council.
D. Written notice of the city council's decision on the application, stating the reasons therefor, shall be mailed or delivered to the applicant within ten (10) days next following such decision.
E. An applicant aggrieved by the city council's decision upon consideration of the application shall, upon written request delivered to the city clerk within thirty (30) days following the applicant's receipt of notice of such decision, be afforded a rehearing before the city council within thirty (30) days of delivery of such request, with an opportunity to present further evidence and cross-examine any opposing witnesses.
F. Upon approval of the application and payment of the applicable license fee as hereinafter set forth in Section 5.12.100 of this chapter, the city clerk shall issue the appropriate license. If such license is not thus obtained within thirty (30) days from the date of approval of the application, the application shall be deemed null and void and of no further effect.
G. Licenses issued pursuant to this chapter shall be on a calendar year basis. Licenses issued for new businesses during the year shall be effective for the remainder of the calendar year of issuance. The applicable license fee for applications received during the months of October, November or December shall be one-half of the amount indicated in Section 5.12.100 of this article.
H. All licenses issued under this chapter shall have printed thereon:
THIS LICENSE IS SUBJECT TO REVOCATION, SUSPENSION OR ANNULMENT BY THE MAYOR AND COUNCIL OF THE CITY OF COVINGTON AND FURTHER SUBJECT TO ALL APPLICABLE STATUTES, ORDINANCES, RULES AND REGULATIONS OF THE CITY OF COVINGTON AND THE STATE OF GEORGIA.
I. Misrepresentation by Applicant. Any material omission or untrue or materially misleading information which is contained in any original, renewal or transfer application for a license under this chapter shall constitute grounds for denial of such application, and if any license has been previously granted under such circumstances, the same shall constitute grounds for revocation of such license.
(Ord. dated 6/16/08 § 1 (part))
5.12.090 Transfer restrictions.
A. Licenses hereunder shall not be transferable except as otherwise provided in this article.
B. In case of death of any person owning a license, or any interest therein, the same may, with the approval of the mayor and council, and subject to the terms of this article, be transferred to the administrator, executor or personal representative of the deceased person, or to the heirs at law of the deceased person, if such heirs meet all of the other qualifications for licensees required hereunder. The license of such deceased person shall be held by the administrator, executor, or personal representative of such deceased person only for the time necessary to complete administration of the decedent's estate and to dispose of the license or his interest therein, but in no event for longer than twelve (12) months.
C. A licensee may make application to the mayor and council to approve the transfer of the location of its business premises. Any new location shall meet all requirements of a new license to be issued hereunder except for the payment of a license fee. Upon approval of the requested transfer of location by the mayor and council, the existing license shall be surrendered to the city and a new license issued showing the new location upon payment of a twenty-five dollar ($25.00) processing fee to the city.
D. Applications for transfer of an unexpired license issued under this article shall be handled in the following manner:
1. An application for transfer shall be made by the proposed transferee as an initial application for a license under this article. The proposed transferee's application shall specify that if approved, an existing current license of the same class issued under this article will be transferred to the applicant and the license to be transferred shall be fully identified in the transferee's application. The transferee's application shall otherwise be in complete conformity with the requirements of this article for new applicants. The transferee's application shall include written consent for such transfer of each person constituting a holder of the existing license.
2. The application of the proposed transferee shall be accompanied by the processing fee specified under Section 5.12.080 of this article and shall otherwise be processed in accordance with the provisions of this article for a new application. If the mayor and council approve the application of the transferee, the transferee shall be issued a license for the unexpired term of the then existing license upon surrender of the said existing license.
E. Nothing contained in this section shall prohibit one or more members of a partnership or limited liability company holding a license to withdraw from the partnership and to assign his interest in such entity to one or more of the other members who were members at the time of the issuance of the then current license. Such withdrawal shall not serve to bring in any new members into such entity; however, a licensee may take in new members or additional shareholders provided any additional member or shareholder meets all requirements of this article.
(Ord. dated 6/16/08 § 1 (part))
5.12.100 License fees.
Annual license fees to be paid by licensees under the provisions of this chapter are as follows:
A. Off-premises consumption of malt beverages and wine only $ 500.00
B. On-premises consumption of malt beverages and wine only 500.00
C. Off-premises (package) consumption of distilled spirits only 5,000.00
D. On-premises consumption of all alcoholic beverages 3,000.00
E. On-premises consumption of distilled spirits only 3,000.00
F. Manufacturer of any alcoholic beverage 5,000.00
G. Wholesale, malt beverages and wine only 100.00
H. Wholesaler, distilled spirits only 1,500.00
(Ord. dated 6/16/08 § 1 (part))
Article 3
Excise Taxes
5.12.110 Malt beverages and wine--Wholesale.
There shall be imposed and levied on each wholesale dealer selling malt beverages or wine within the city an excise tax at the rates set forth in Section 5.12.140 of this article and in the following manner:
A. Each wholesale dealer who has sold malt beverages or wine within the city shall file a report on the tenth day of each calendar month, itemizing for the preceding calendar month the exact quantities of all such alcoholic beverages, listed by size and type of container, for the month sold within the city. Each wholesale dealer shall then remit to the city on the tenth day of the month next following the calendar month in which such sales were made the amount of excise tax due in accordance with this article.
B. No decal, stamp, or other identifying marking shall be required on such alcoholic beverages sold within the city.
C. The excise tax provided for in this section shall be in addition to any license tax, license fee, or other charges which may now or in the future be imposed upon the business of selling such alcoholic beverages at retail or wholesale, within the corporate limits of the city.
D. Failure to make a timely report and remittance shall render a wholesale dealer liable for penalty equal to a fifteen (15) percent of the total amount due during the first thirty (30) day period following the date such report and remittance were due, and the further penalty of fifteen (15) percent of the amount of such remittance for each successive thirty (30) day period or any portion thereof during which such report and remittance are not filed. The filing of a false or fraudulent report shall render the wholesale dealer making such report liable in an amount equal to fifty (50) percent of the amount of the remittance which would be required under an accurate and truthful report. Such failure to make a timely report shall also constitute grounds for revocation of the business license issued by the city to the wholesaler.
(Ord. dated 6/16/08 § 1 (part))
5.12.120 Distilled spirits--Retail.
There shall be imposed and levied on each retail dealer selling distilled spirits within the city for off-premise consumption an excise tax at the rate set forth in Section 5.12.140 of this article and in the following manner:
A. The tax imposed by this section shall be computed and payable monthly. Each wholesale dealer or distributor selling, shipping, or delivering distilled spirits to any retail dealer in the city shall, as a condition to the privilege of conducting said business in the city:
1. Keep and maintain true and correct records of all sales shipments, or deliveries of distilled spirits to each retail dealer in the city, such records to be preserved for a period of not less than one year and to be made available on request for the inspection of any duly authorized representative of the city.
2. Collect from such retail dealer in the city at time of delivery of distilled spirits, the amount of tax due under the terms of this section and hold the same in trust for the city until such tax is remitted to the city as herein provided.
3. On or before the tenth day of each calendar month, each wholesaler shall make a verified and comprehensive report to the city which shall correctly show all sales and deliveries of distilled spirits to retail dealers in the city for the calendar month immediately preceding the date of said report. Said report shall show the name and addresses of each retail dealer, the quantities delivered to each retail dealer, the amount of excise tax collected under the terms of this section, and such other reasonable information as may be requested by the city. Said report shall be accompanied by remittance payable to the city, for all taxes collected or due, as shown on said report.
4. The excise tax levied in this section is levied upon the retailer licensed to do business in the city, and it is the intent of this section to so levy said tax but require the payment of the tax at the time of delivery to the retailer by the wholesaler, who shall have the responsibility of remitting the tax to the city on behalf of the retailer. In the event the tax due hereunder is not timely paid, a ten (10) percent penalty on the gross tax will be levied by the city against each defaulting retailing licensee for whom the tax is not timely paid.
B. If any wholesale dealer or distributor fails or refuses to make the reports required herein, the city shall notify such dealer or distributor of such default by certified mail, and if the reports are not made and the taxes remitted within five days from the date of receipt of such notice, such wholesale dealer or distributor shall be prohibited from making any further deliveries in the city, and the retail dealer licensees served by such wholesale dealer or distributor to whom the taxes should have been paid shall be subject to having their licenses suspended or revoked as herein provided.
C. It shall be a violation of this article for any person, firm or corporation to sell at retail within the city any distilled spirits on which the taxes herein provided for have not been paid.
D. It is unlawful and a violation of this article for any wholesale dealer or distributor, person, firm or corporation to deliver any distilled spirits to any retail dealer in the city without, at the time of such delivery, collecting the excise taxes as herein provided.
E. Any person, firm or corporation violating any of the provisions of this section or who shall assist any retail dealer in distilled spirits in the city to evade or avoid the payment of the taxes herein provided for shall be guilty of a violation of this section and on conviction thereof in the recorder's court shall be fined or sentenced as provided by Section 1.12.020 of this code, and any licensee under this section so convicted shall also be subject to having his license suspended or revoked.
(Ord. dated 6/16/08 § 1 (part))
5.12.130 On-premises consumption.
There shall be imposed and levied upon licensees for the sale of alcoholic beverages for consumption on premises an excise tax on the sale of distilled spirits by the drink at the rate provided in Section 5.12.140 of this article and in the following manner:
A. The tax imposed by this section shall be payable monthly. Each licensee for the sale of distilled spirits by the drink in the city shall, as a condition to the privilege of conducting said business.
1. Keep and maintain accurate records of all sales of distilled spirits by the drink such records to be preserved for a period of not less than one year and to be made available upon request for inspection by duly authorized representatives of the city;
2. Collect from the consumer at the time such drinks are served the amount of tax due under the provisions of this section and hold the same in trust for the benefit of the city until such time as the said tax is remitted to the city; and
3. On or before the tenth day of each calendar month, make and deliver a verified report to the city accurately showing the total dollar amount of all charges to the public for sales of distilled spirits by the drink by the licensee during the calendar month next preceding the date of the report, along with such other pertinent information as may be reasonably required by the city, said report to be accompanied by remittance to the city of all taxes due under this section, as reflected by said report.
B. In the event payment of the tax levied pursuant to the provisions of this section is not timely received by the city as hereinabove provided a penalty in the amount of ten (10) percent of the tax due will be levied by the city against the defaulting licensee.
C. In addition to the penalty imposed in subsection B of this section, any person or entity violating any provision of this section or who shall assist any licensee to evade or avoid payment of the tax levied pursuant to the provisions of this section shall be guilty of a violation of this code and upon conviction in the municipal court of the city shall be punishable as provided in Section 1.12.010 of this code, and any licensee so convicted shall, in addition to all other penalties provided in this section, be subject to having his license revoked or suspended.
(Ord. dated 6/16/08 § 1 (part))
5.12.140 Excise tax rates.
The rate of excise taxes levied and imposed on the sale of alcoholic beverages within the city pursuant to this article shall be as follows:
A. Malt beverages - wholesale in containers of less than fifteen and one-half (15 1/2) gallons - .4166 cents per ounce.
B. Malt beverages - wholesale in bulk containers of fifteen and one-half (15 1/2) gallons - six dollars per container, and a like rate for fractional parts or multiples thereof.
C. Wine - wholesale - sixty cents ($0.60) per gallon.
D. Distilled spirits - retail - eighty cents ($0.80) per gallon.
E. Distilled spirits - consumption on premises - three percent of the charge to the public for such beverages.
(Ord. dated 6/16/08 § 1 (part))
Article 4
Miscellaneous Regulations
5.12.150 Wholesale deliveries.
Malt beverages, wine or distilled spirits shall only be delivered to or received at the premises of a retail licensee in the city by a vehicle owned and operated by a wholesale dealer licensed by the city. Upon each delivery of distilled spirits by such wholesaler an invoice shall be prepared in triplicate showing the quantity, brands and prices of distilled spirits so delivered, together with the amount of the excise tax due and collected thereon. The original of each such invoice shall be delivered to the retailer at the time of delivery, and a copy shall be maintained by the retailer for a period of twelve (12) months next following such delivery for examination by authorized representatives of the city. Upon request, copies of such invoices shall be submitted with any reports required by the city. Retail licensees shall maintain the original invoices for a period of twelve (12) months next following such delivery and shall likewise maintain records of sales of distilled spirits and any other records required by the city. Authorized representatives of the city shall have the right to inspect licensees' records and to make complete audits of same at any time.
(Ord. dated 6/16/08 § 1 (part))
5.12.160 Retail storage.
Licensed retailers of packaged distilled spirits shall store same only on the premises for which the license was granted. All such stock shall be kept available at all times for inspection by authorized representatives of the city and shall be stored in or immediately adjacent to the room in which the licensee is authorized to conduct business. Any such inventory found to have been sold or distributed by a wholesaler not licensed to make sales or deliveries in the city shall be subject to immediate confiscation.
(Ord. dated 6/16/08 § 1 (part))
5.12.170 Exclusion of minors from licensed premises.
No licensee for retail sale of distilled spirits shall allow any minor to be or remain in the licensed premises unless such minor is accompanied by his parent or legal guardian.
(Ord. dated 6/16/08 § 1 (part))
5.12.180 Delivery of packaged distilled spirits.
Retail sales of packaged distilled spirits may only be in unopened containers and conducted within the building licensed for that purpose; provided, however, that such sales from service windows accessible only to pedestrian traffic shall be allowed.
(Ord. dated 6/16/08 § 1 (part))
5.12.190 Reporting requirements for restaurants.
A. Each licensee for sale of alcoholic beverages for on-premises consumption operating as a restaurant shall, as a condition of maintaining such license, file with the city clerk within thirty (30) days after the end of each calendar quarter:
1. A sworn statement on forms approved by the city of the licensee's retail sales during the preceding calendar quarter. Such statements shall reflect the licensee's total dollar sales amounts for the applicable calendar quarter, the total sales amounts for sales of malt beverages and wine, the total sales amounts for distilled spirits sold by the drink, and total dollar sales for food items.
2. Certified copies of the licensee's state of Georgia Department of Revenue Sales and Use/Tax Monthly Reports as filed with Georgia Department of Revenue for each month during the applicable calendar quarter.
B. Any sale of a food or beverage containing any alcoholic beverage shall be deemed to be a sale solely of malt beverages, wine or distilled spirits as the case may be, and no such sale shall be included as food sales in the quarterly reports. The fact that the sale of food during any calendar quarter exceeds sales of alcoholic beverages shall not be conclusive on the issue of whether the licensee is meeting the requirements of operating a restaurant as herein defined; however, the failure of the food sales to exceed the sale of alcoholic beverages shall be prima facie evidence that the principal business of the licensee is not that of serving food as required to meet the definition of a restaurant.
C. Such quarterly statements shall be confidential in nature and shall not be open for public inspection except as may be required by Georgia law. Such forms shall be used solely by the city manager for determination of whether or not the licensee remains qualified to hold its retail license for sale of alcoholic beverages for on-premises consumption in accordance with the provisions of this chapter. Failure to timely file such statements shall be a violation of a city ordinance punishable in the manner provided in Section 1.12.010 of this code and a basis for the revocation of the license granted under this chapter. If, after appropriate notice and hearing, the judge of the city's municipal court finds that a licensee's violation of this section is not wilful and the licensee otherwise meets the requirements of a restaurant as provided in this chapter, the judge shall have the option of imposing a probationary period on the licensee, not to exceed six months, and any further violations of this article shall be a basis for revocation of such license.
(Ord. dated 6/16/08 § 1 (part))
5.12.200 Containers for on-premises consumption.
A. Purchases of distilled spirits by licensees for on-premises consumption must be in containers of seven hundred (700) milliliters or greater unless a particular brand is only packaged in a smaller container. Sale of distilled spirits by a licensee for on-premises consumption in unbroken packages or in any quantity other than appropriate for on-premises consumption is prohibited.
B. It shall be unlawful for a licensee for on-premises consumption of distilled spirits to add to the contents of a bottle or to refill empty bottles, or in any other manner to misrepresent the quantity, quality, or brand name of any alcoholic beverage. Bottles of distilled spirits must be broken immediately upon being emptied of their original contents.
(Ord. dated 6/16/08 § 1 (part))
5.12.210 Requirements for permanent employees of licensees for on-premises consumption.
A. A licensee under this chapter shall be responsible for the conduct of his employees while such employees are acting within the scope of their employment.
B. Managerial employees and bartenders of licensees for on-premises sale of alcoholic beverages must obtain an annual permit for such employment from the Covington police department.
C. An application for such permit on a form and with fingerprints and other such exhibits as may be prescribed by the Covington police department shall be filed with the Covington police department within fourteen (14) calendar days next following commencement of such employment, together with payment of a nonrefundable processing fee in the amount of thirty-five dollars ($35.00) to cover the costs of investigation and issuance of the permit.
D. Upon approval of the permit application, the Covington police department shall issue to the applicant a permit containing the permit number, photograph of the applicant and other identification information deemed appropriate by the Covington police department.
E. To qualify for issuance of such permit, applicant shall not have been convicted, pled guilty or nolo contendere to any felony or to any other offense related to the sale, manufacture or use of alcoholic beverages or any Georgia Controlled Substance, as that term is defined in O.C.G.A. Section 16-13-21, sex crimes or crimes against children; provided, however, that if the applicant has had any such conviction and has successfully completed five years of any probation or parole imposed upon said conviction then this disqualification shall be removed.
F. Employees must renew such employment permits annually and display them at all times when engaged in transactions involving alcoholic beverages. No licensee shall permit an employee to work at his licensed premises unless such employ shall have been issued a current valid permit pursuant to this section.
(Ord. dated 6/16/08 § 1 (part))
5.12.220 Requirements for temporary employment of outside persons.
A. It shall be unlawful for a licensee to knowingly employ in any premises licensed for the sale of alcoholic beverages by the drink hereunder, any temporary outside person in any capacity whatsoever, including performers, entertainers, or musicians, who have been convicted in any jurisdiction of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in narcotics, sex offenses, or any charge relating to the manufacture, sale or use of alcoholic beverages. A conviction occurring more than five years prior to the period of employment shall not be considered a disqualification. The term "conviction," as used in this section and Section 5.12.210 of this chapter, shall include an adjudication of guilt, a plea of guilty or nolo contendere or a forfeiture of a bond.
B. No licensee hereunder shall employ any person under eighteen (18) years of age in his establishment; however with permission of the chief of police, underage persons who are a part of a professional entertainment troupe may entertain in such premises when accompanied by their parents, legal guardian or professional agent, but shall not remain in the premises except for the time necessary for scheduled entertainment.
(Ord. dated 6/16/08 § 1 (part))
5.12.230 Permitted attire for employees and customers.
No licensee for on-premises consumption of alcoholic beverages shall permit any person to appear on the licensed premises attired in such manner as to expose any portion of the body to view between the top of the areola of the breast and that point which is fourteen (14) inches above the center of the kneecap; provided, however, nothing contained herein shall prohibit the licensee from permitting bona fide customers to their establishment to appear in what are commonly referred to as "bermuda shorts," or other short pants or tennis outfits.
(Ord. dated 6/16/08 § 1 (part))
5.12.240 Prohibited activities for on-premises consumption licensees.
The following activities, conduct conditions or practices shall be prohibited on the premises licensee:
A. Cover charges in any form, except when collected to offset costs of entertainment provided for the period of time of the payor's presence on the premises;
B. Dance floors larger than necessary to accommodate the number of patrons reasonably served at one time according to the number of food service tables regularly maintained in the licensed premises;
C. Beverage containers for individual serving larger than twenty-four (24) ounces;
D. Less than twenty-five (25) food items maintained and available from the licensee's menu;
E. Special events unrelated to food service, such as lingerie shows, wet tee shirt or heterosexual bikini contests, or mud wrestling;
F. Contests of skill or chance in which the prize is alcohol or money;
G. Events providing drink price discounts for special groups;
H. Pole dancing; or
I. Male or female reviews.
(Ord. dated 8/18/08 § 1; Ord. dated 6/16/08 § 1 (part))
5.12.250 Public consumption of alcoholic beverages.
It shall be unlawful for any person to drink or furnish any drink of an alcoholic beverage within any public street, building or other public property within the city, except as otherwise provided in this chapter.
(Ord. dated 6/16/08 § 1 (part))
Article 5
Enforcement
5.12.260 Enforcement.
By acceptance of any license issued pursuant to the provisions of this chapter, the licensee will be deemed to have agreed that law enforcement officers of the city shall have the right to enter the premises of the licensee at any time and without a warrant for purposes of determining compliance with this chapter.
(Ord. dated 6/16/08 § 1 (part))
5.12.270 Production of records.
In conjunction with any application for a license, or in conjunction with any license which has been issued under the provisions of this chapter, or in conjunction with the revocation, suspension or cancellation of any such license, or in conjunction with any hearing contemplated by this article, or in conjunction with the collection of any fee or excise tax levied hereunder, the mayor and council shall have the right to subpoena all or any part of the records, books, documents, reports or invoices of any licensee for the purpose of auditing the records of such licensee, securing compliance by such licensee with the provisions of this chapter or proving or disproving a violation of any provision of this chapter by a licensee.
(Ord. dated 6/16/08 § 1 (part))
5.12.280 Suspension or revocation of licenses.
A. No license which has been issued or which may hereafter be issued by the city to any licensee hereunder shall be suspended or revoked, except for due cause as hereinafter defined, and after a hearing and upon a prior five-day written notice to the holder of such license of the time, place and purpose of such hearing and a statement of the charge upon which such hearing shall be held.
B. Due cause for the suspension or revocation of such license shall consist of the violation of any laws or ordinances regulating alcoholic beverages, or violation of regulations made pursuant to authority granted for the purpose of regulating alcoholic beverages, or for the violation of any state or federal law or city ordinance other than traffic ordinances.
C. Violation of any of the provisions of this chapter by a licensee hereunder shall subject such licensee to revocation of the license, as provided herein.
D. When any license for the manufacture or sale of alcoholic beverages is revoked, all signs indicating that such beverage may be manufactured, sold or consumed shall be removed from the licensed premises, both outside and inside. Upon receipt by the Covington police department of notice of such revocation, it shall take the necessary steps to see that this section is enforced.
E. In the event the city council revokes or suspends any license for the sale of alcoholic beverages granted under this chapter, no new license shall be granted by the city for the sale of alcoholic beverages at the same location for the period of six months next following the date of such revocation or suspension.
F. The mayor of the city is authorized to suspend any license issued under this chapter in emergency situations, such as civil disorders or natural disasters, or in any situation that the mayor deems such immediate suspension necessary for the protection of the health, safety or welfare of the citizens of the city. Said suspension may be made effective immediately and shall remain in force until the mayor determines the emergency is over or until the next regular meeting of the mayor and council, or a meeting called prior to the next regular meeting, at which time the council shall determine if such emergency still exists.
G. When a license is suspended or revoked, the city shall not be required to refund any portion of the license fee or excise tax to the holder of such license.
H. Written notice of the city council's decision to suspend or revoke any license issued hereunder, with the reasons therefor stated, shall be mailed or delivered to the holder of such license within ten (10) days following such decision.
I. Any holder of a license issued hereunder aggrieved by such suspension or revocation shall, upon written request delivered to the city clerk within thirty (30) days of such license holder's receipt of the aforesaid notice, be afforded a hearing before the city council within the thirty (30) days of delivery of such request, with an opportunity to present evidence and cross-examine opposing witnesses.
J. Whenever the state of Georgia shall revoke any license to manufacture or sell alcoholic beverages, the city license to manufacture or sell such product shall thereupon be automatically revoked without any further action on the part of the city.
(Ord. dated 6/16/08 § 1 (part))
5.12.290 Seizure of contraband.
Alcoholic beverages owned, possessed or stored contrary to the provisions of this chapter are declared to be contraband and shall be seized and destroyed by the Covington police department.
(Ord. dated 6/16/08 § 1 (part))
5.12.300 Penalty.
The violation of any provision of this chapter shall, upon conviction thereof in the municipal court of the city, be punishable as provided in Section 1.12.020 of this code, and the license of any licensee so convicted shall, in addition to all other penalties provided in this section, be subject to suspension or revocation.
(Ord. dated 6/16/08 § 1 (part))
Chapter 5.16
CABLE TELEVISION SYSTEM
Sections:
5.16.010 Definitions.
5.16.020 Scope.
5.16.030 Title and operation of system as separate financial entity.
5.16.040 Installation and reconnection charges, subscriber rates and miscellaneous service charges.
5.16.050 Connection policy.
5.16.060 Ownership of component parts.
5.16.070 Deposit policy, billing cycle, cut-off and reconnection policy.
5.16.080 Use of existing city properties and rights-of-way and joint pole agreements.
5.16.090 Easements.
5.16.100 Prohibited activities.
5.16.110 Regulation of extension based on anticipated cost and revenue.
5.16.120 Rules and regulations of the CATV department.
5.16.130 Compliance with applicable laws, rules and regulations.
5.16.140 Complaint procedure.
5.16.150 Violations--Discontinuance of service--Penalties.
5.16.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
"Basic CATV service" means the distribution of broadcast television and radio signals.
"Cable television service" means either or both "basic CATV service" or "expanded CATV service" as herein defined.
"Cable television system" means a system composed of, without limitation, antennae, cables, wires, lines, towers, wave guides or any other conductors, converters, equipment or facilities designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable audio and/or radio, television, electronic or electrical signals to and from persons, subscribers and locations in Newton County, Georgia.
"CATV" means a cable television system as herein defined.
"CATV department" means the division of the city carrying out the operation of the city's cable television system under the name Covington Cable Television.
"City" means the city of Covington, a municipal corporation of the state of Georgia.
"County" means the geographic area of Newton County.
"Covington Cable Television" means the cable television system operated by the city pursuant to this chapter, all franchise agreements, the applicable provisions of the city's Charter, and all applicable rules and regulations.
"Expanded CATV service" means any communications service in addition to basic CATV service provided by the city either directly or as a carrier for the subsidiaries, affiliates or any other person engaged in communications service, including, but not by way of limitation, pay and nonbroadcast TV, burglar alarm service, data or other electronic transmission services, facsimile reproduction services, meter reading services, home shopping services or other services beneficial to the subscriber.
"Franchise agreement" means each and every agreement, contract, franchise or ordinance by and between the city of Covington and any other municipality within Newton County, Georgia, or the governing authority of Newton County, Georgia, regulating the conditions of the city's operation of a cable television system in areas of the county other than within the then-existing corporate limits of the city.
"Governing authority" means the duly elected and serving mayor and council of the city of Covington, Georgia.
"Installation" means the physical process of connecting a subscriber's premises to the city's cable television system so that the subscriber shall be able to receive the applicable cable television service provided by the city. The amount of wires, cable, connectors and converters allowed for the installation and connection of a service to a subscriber and the charges for such installation and connections shall be except as otherwise provided in this chapter as prescribed by rules and regulations of the CATV department.
"Multiple-use subscriber" means a subscriber who has more than one outlet for and uses cable television service for the benefit and enjoyment of persons other than the subscriber and the subscriber's family and guests and includes, but is not limited to, hotels, motels, boarding houses, apartments, nursing homes, hospitals and schools.
"Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
"Reconnection" means the physical process of making available the applicable cable television service to a subscriber in premises previously receiving cable television service and includes, but is not limited to, the removal of any apparatus that prohibits the subscriber's premises from receiving cable television service through the city's cable television system and the installation of all required converters and other attachments necessary to allow the subscriber to make permissible connections for the reception of cable television service.
"Standard connection" means the providing of cable television service to a subscriber by means of an overhead service line of no more than two hundred (200) feet in length from the city's nearest distribution cable and as otherwise defined and described by the CATV department's rules and regulations.
"Subscriber" means any person or entity that has contracted to receive basic CATV service.
(Prior code § 22-101)
5.16.020 Scope.
A. This chapter shall apply to the city operation of what is commonly known as a cable television system composed of, without limitation, antennae, cables, wires, lines, towers, wave guides or any other conductors, converters, equipment or facilities designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, audio and/or radio, television, electronic or electrical signals to and from persons, subscribers and locations in Newton County, Georgia. As used in this chapter, the term "cable television system" shall include the system composed of the within and foregoing items and all cable television services provided by the city through such system. The city shall operate its cable television system in accordance with the provisions of Sections 58(g) and 16A of the Charter of the City of Covington, Georgia (Georgia Laws 1962, page 2003, as amended) and in accordance with:
1. All applicable rules, regulations, procedures and policies of all governmental agencies;
2. All franchise agreements and ordinances between the city and any other local government within Newton county, Georgia; and
3. The provisions of this chapter.
B. The city contemplates operating its cable television system both within the corporate limits of the city as may now or hereafter exist as well as in areas of Newton County outside the corporate limits of the city; provided, however, anything contained herein to the contrary notwithstanding, the city shall not extend its cable television system for the purpose of supplying cable television services in any area of Newton County outside of the then-existing corporate limits of the city without first entering into a franchise agreement with the governing body of Newton County, Georgia, when such services are to be provided in the unincorporated areas of Newton County, Georgia, or with the governing body of any other municipality within Newton County when such services are to be provided in any such municipality. The city, upon approval by the mayor and council, shall be authorized to enter into franchise agreements with the governing bodies of Newton County and the various municipalities located within Newton County upon such terms and conditions as the mayor and council shall agree and as provided in such franchise agreements; provided, however, except as otherwise expressly provided in any such franchise agreements, the provisions of this chapter and all rules and regulations promulgated and adopted pursuant to the provisions hereof shall apply to the operation of Covington Cable Television within the city and throughout Newton County, Georgia.
(Prior code § 22-102)
5.16.030 Title and operation of system as separate financial entity.
The city's cable television system shall be known as Covington Cable Television and shall be operated as a separate distinct financial entity under the control of the governing authority. The city manager shall have primary responsibility for the operation of the CATV department; however, the city manager may delegate the day-to-day operations of the system to an operating supervisor and/or such other city employees as the city manager may designate.
(Prior code § 22-103)
5.16.040 Installation and reconnection charges, subscriber rates and miscellaneous service charges.
A. For the purpose of determining installation and reconnection charges, subscriber rates and miscellaneous service charges, subscribers shall be divided into two separate subscriber classifications, to-wit:
1. Multiple-use subscribers as that term is defined in Section 5.16.010; and
2. Home subscribers which shall mean all subscribers other than multiple-use subscribers.
B. The governing authority is authorized to establish from time to time by resolution, various classifications of cable television service. Initially, the service classifications shall be basic CATV service and expanded CATV service, and it is contemplated that expanded CATV service will be further divided into other sub classifications so that subscriber rates can be based on types of services received by the subscriber.
C. The governing authority shall from time to time, by resolution, establish the installation and reconnection charges for standard connections and subscriber rates for all subscribers and service classifications, which rates and charges shall remain in effect until modified by subsequent resolution of the governing authority. Miscellaneous service charges, including but not limited to service charges for installation of CATV service other than for a standard connection, as that term is herein defined, shall be established from time to time by resolution of the governing authority or pursuant to rules and regulations promulgated by the CATV department in accordance with the provisions of this article. Such miscellaneous service charges shall be set so as to reimburse the city for the actual direct materials and labor costs involved in providing the miscellaneous services plus an overhead factor as set by resolution from time to time by the governing authority.
D. Different subscriber rates can be established for the different classifications of services and subscribers; provided, however, subscriber rates within the different classifications shall be uniform and shall not differentiate due to geographic location of the subscriber. Nothing contained herein shall preclude or prohibit the governing authority from amending this article to allow for subscriber rate differentials between residents and nonresidents of the city except to the extent such rate differentials are prohibited by applicable franchise agreements.
E. The governing authority is authorized to establish by resolution classifications of the installation and reconnection charges for different geographic areas within Newton County; provided, however, all installation and reconnection charges for subscribers located within the corporate limits of the city shall be the same within each classification of subscribers and services.
(Prior code § 22-104)
5.16.050 Connection policy.
Cable television service shall be extended to a subscriber upon written application on forms prescribed by the CATV department, the payment of the applicable installation charge (including the estimated amount of miscellaneous service charges imposed by the CATV department for a service connection other than a standard connection), and the subscriber's providing the city with any and all necessary easements and permits. Nothing contained herein shall require the city to provide cable television service to any person requesting service in an area outside the then-existing corporate limits of the city which is not then covered by a franchise agreement, or where the extension costs for such service are prohibitive as provided by Section 5.16.110 of this chapter.
Installations and reconnections shall be done during normal business hours of the CATV department, unless the CATV department promulgates rules and regulations providing otherwise. Installations and reconnections shall be made in accordance with the rules and regulations of the CATV department.
(Prior code § 22-105)
5.16.060 Ownership of component parts.
All components of the Covington Cable Television System including, but not limited to, all connecting wires, cables, converters, related equipment and apparatus used by the CATV department in installing cable television service to a subscriber shall be and always remain the property of the city. The application for service signed by each subscriber shall contain an acknowledgement of ownership of such property by the city and the agreement to return all of such property to the city upon the termination of the subscriber's cable television service whether voluntarily or involuntarily due to nonpayment of the subscriber's obligations hereunder or failure to comply with this chapter and the rules and regulations of the CATV department.
(Prior code § 22-106)
5.16.070 Deposit policy, billing cycle, cut-off and reconnection policy.
A. Cable television service shall be afforded to each qualified subscriber upon compliance with the provisions of Section 5.16.050 of this chapter; provided, however, such service shall not be extended to any person who has a delinquent utility or cable television service account with the city unless and until such account(s) is paid in full and the applicant pays a deposit of twice the amount of the city's monthly rates for cable television service applied for by that person.
B. Cable television services shall be billed on a calendar month basis. Such services for the initial month of service shall be prorated on the basis of the number of days service is received and a thirty day month. Liability for the monthly subscriber rates shall accrue as of the first day of each month and there shall be no prorating for the termination of service prior to the end of each calendar month.
C. The city shall bill its subscribers for cable television service at the applicable subscriber rates in arrears for each preceding calendar month on or about the first day of each month. Bills for cable television service shall be due by the tenth day after billing; except when the final date of payment falls on a Sunday or legal holiday, the due date shall be extended to the next business day of the city. United States Post Office postmarks will be accepted as payment date on receipts by mail provided the city actually receives same within twelve (12) days from the billing date.
D. Any subscriber not paying his bill for cable television service when due as provided in the preceding subsection shall have his service immediately disconnected by the CATV department. Any service disconnected due to nonpayment of a cable television service billing shall not be reconnected until all arrearage billings and the applicable reconnection fees have been paid to the city and the deposit provided for in subsection A of this section placed with the city.
(Prior code § 22-107)
5.16.080 Use of existing city properties and rights-of-way and joint pole agreements.
In the construction and operation of its cable television system, the city shall be authorized and empowered to use all city property, including but not limited to streets, alleys, roadways, rights-of-way and easements inuring to the benefit of the city (unless such use by the city is prohibited by the right-of-way deed or easement in favor of the city) and all poles, cables and other apparatus used by the city in its utility system, including but not limited to the city's electrical system. The governing authority is authorized to enter into agreements with Georgia Power Company, Southern Bell Telephone and Telegraph Company, American Telephone and Telegraph Company, Snapping Shoals Electric Membership Corporation, and other such public utilities owning and operating utility systems within Newton County, Georgia, for the joint use of poles and facilities in the city's operation of its cable television system.
(Prior code § 22-108)
5.16.090 Easements.
The city's regular easement form shall be executed by the applicant to cover the premises to which an applicant desires the extension of cable television service. The city shall not be required to build any portion of a service line across the private property of one person to serve another unless the lawful owners of the properties over which such lines shall cross consent to such an extension of service.
(Prior code § 22-109)
5.16.100 Prohibited activities.
From and after February 15, 1982, no person shall:
A. Make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the city's cable television system for the purpose of enabling himself or others to receive any cable television service without payment of the applicable installation or reconnection charge and subscriber rate to the city;
B. Without the consent of the city, willfully tamper with, remove or injure any cables, wires or equipment used by the city in its cable television system;
C. Connect or attempt to connect any apparatus to the city's cable television system for any purpose except for the connection of the exact number of televisions and/or other electronic equipment expressly permitted to be connected to said system under the subscriber's application agreement;
D. Resell, redistribute or otherwise charge anything of value for the use or redistribution of any cable television service received by a subscriber except as expressly permitted for a multiple-use subscriber.
(Prior code § 22-110)
5.16.110 Regulation of extension based on anticipated cost and revenue.
The city expressly reserves the right to refuse to extend cable television service when:
A. The cost of such extension is determined by the governing authority to be excessive in comparison to the revenue to be derived therefrom; or
B. When the city does not have funds available for such extensions;and in either such event, the applicant for such extension and the city may negotiate the financing of such extension on such terms and conditions as the governing authority may approve.
(Prior code § 22-111)
5.16.120 Rules and regulations of the CATV department.
A. The CATV department shall adopt, from time to time, clearly reasonable rules and regulations concerning the operation of the CATV department. In addition to such other areas as the CATV department shall determine and not otherwise contrary to this chapter, such rules shall cover such areas as:
1. Allowances and guidelines for installations and reconnections including standard connections for both home subscribers and multiple-use subscribers;
2. Miscellaneous service charges or the rates for the calculation of service charges for normally required services provided in the installation of cable television service which will not otherwise be covered by the basic installation charge; all charges must be calculated so as to reimburse the city for the actual direct materials and labor costs involved in providing such services plus an overhead factor as may be set from time to time by resolution of the governing authority;
3. Charges for providing underground service to a subscriber;
4. Prohibiting employees of the CATV department from "fishing" of wire in walls and moving of furniture during installation or reconnection of cable television service; and
5. Miscellaneous policies and procedures, including defining normal working hours, for responding to service calls, making initial installations and reconnection.
B. Each applicant for cable television service shall, prior to actual installation, be apprised of the miscellaneous service charges and rates and an estimate of the miscellaneous service charges anticipated to be incurred in providing the applicable cable television service to the applicant. Prior to the commencement of installation of cable television service to a customer that will require services for other than a standard connection, the applicant shall pay a deposit to the city of the estimated miscellaneous service charges over and above the installation fee for standard connection.
C. Anything herein contained to the contrary notwithstanding, the governing authority shall have the right and privilege by resolution to rescind, revoke or amend from time to time, any and all rules and regulations adopted by the CATV department.
(Prior code § 22-112)
5.16.130 Compliance with applicable laws, rules and regulations.
Covington Cable Television shall be operated in complete compliance with all applicable state, federal and local rules and regulations, including but not limited to the Federal Communications Act and FCC Rules and Regulations. The Covington Cable Television System shall at all times maintain an active registration statement with the Federal Communications Commission and the compulsory license under the 1976 Copyright Act.
(Prior code § 22-113)
5.16.140 Complaint procedure.
The CATV department shall provide forms for recording, processing and resolving subscriber complaints. All subscriber complaints shall be submitted in writing to the CATV department on forms provided for that purpose and it shall be the responsibility of the CATV department to respond promptly to valid complaints.
All written complaints shall be maintained in permanent files by the city and reflect the disposition thereof. Complaints and records shall be maintained under a dual indices system of chronological order by date of filing and by subscriber names.
(Prior code § 22-114)
5.16.150 Violations--Discontinuance of service--Penalties.
A. Upon the discovery of any violation of a provision of this or any other ordinance or franchise agreement regulating the operation of the city's cable television system, or any rule or regulation adopted by the CATV department relative to the operation of the cable television system, it shall be the duty of the CATV department to discontinue cable television service to the subscriber guilty of the violation until such violation is corrected and any charges connected therewith paid.
B. Any person violating any provisions of this chapter within the then-existing corporate limits of the city other than the nonpayment of bills for cable television service, which nonpayment shall be handled in the authorized and usual commercial practice, shall, upon conviction thereof by the recorder or mayor in the recorder's court of the city, be punished as provided in Section 1.12.010 of this code.
(Prior code § 22-115)
Chapter 5.20
DEPOSITORY FINANCIAL INSTITUTIONS
Sections:
5.20.010 Business license tax imposed.
5.20.020 Due date and filing of return--Due date of taxes.
5.20.030 Effective date.
5.20.010 Business license tax imposed.
Pursuant to Section 48-6-93, Official Code of Georgia Annotated, there is levied an annual business license tax upon each financial depository institution located within the corporate limits of the city at the rate of 0.25 percent of the gross receipts of said institutions as defined in Section 48-6-95(b), Official Code of Georgia Annotated. Notwithstanding any other provision of this chapter, the minimum amount of business license tax due from any depository financial institution pursuant to this chapter shall be one thousand dollars ($1,000.00) per year.
(Prior code § 13-37)
(Ord. dated 6/7/10, § 1)
5.20.020 Due date and filing of return--Due date of taxes.
Each depository financial institution within the city shall file a return of its gross receipts within the city on March first of the year following the year in which such gross receipts were measured. Said returns shall be in the manner and in the form prescribed by the commissioner of the department of banking of the state of Georgia and shall be based upon the allocation methods set forth in subsection (d) of Section 48-6-93, Official Code of Georgia Annotated. The tax levied pursuant to this chapter shall be assessed and collected based on the information provided in said return. The due date of the license tax as levied by this chapter shall be April 1, 1984, and April first of each subsequent year thereafter.
(Prior code § 13-38)
5.20.030 Effective date.
This chapter shall be effective on January 1, 1984, with the license tax imposed hereunder being based on gross receipts of depository financial institutions for the calendar year 1983 and each subsequent year thereafter.
(Prior code § 13-39)
Chapter 5.24
INSURANCE COMPANIES
Sections:
5.24.010 Insurer license fee.
5.24.020 License fee for insurers insuring certain risks at additional business locations.
5.24.030 Insurance agency license fees--Independent insurance agencies, brokers, etc., not otherwise licensed.
5.24.040 Gross premiums tax imposed on life insurance companies.
5.24.050 Gross premiums tax, all other insurers.
5.24.060 Due date and payment of license fees.
5.24.010 Insurer license fee.
There is levied for the year 2002 and for each year thereafter an annual license fee upon each insurer doing business within the city in the amount of seventy-five dollars ($75.00). For each separate business location in excess of one not covered by Section 5.24.020 of this chapter, which is operating on behalf of such insurers within the city, there is levied a license fee in the amount of seventy-five dollars ($75.00). As used in this chapter, the term "insurer" means a company which is authorized to transact business in any of the classes of insurance designated in O.C.G.A. Sec. 33-3-5.
(Ord. dated 1/7/02 § 1: prior code § 13-21)
5.24.020 License fee for insurers insuring certain risks at additional business locations.
For each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer, said insurer shall pay an additional license fee of twenty-six dollars and twenty-five cents ($26.25) per location for the year 2002 and for each year thereafter.
(Ord. dated 1/7/02 § 2: prior code § 13-22)
5.24.030 Insurance agency license fees--Independent insurance agencies, brokers, etc., not otherwise licensed.
There is levied for the calendar year 1996 and for each year thereafter an annual license fee upon independent agencies and brokers for each separate business location from which an insurance business is conducted and which is not subject to the company license fees imposed by Section 5.24.010 of this chapter, in the same amount as provided for insurance company business locations in Section 5.24.010 of this chapter.
(Prior code § 13-23)
5.24.040 Gross premiums tax imposed on life insurance companies.
There is levied for the year 2002 and for each year thereafter an annual tax based solely upon gross direct premiums which are received from policies insuring persons residing within the corporate limits of the city upon each insurer writing life, accident and sickness insurance within the state of Georgia in an amount equal to one percent of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8.1. Gross direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. Sec. 33-8-4. The premium tax levied by this section is in addition to the license fees imposed by Section 5.24.010 of this chapter.
(Ord. dated 1/7/02 § 3: prior code § 13-24)
5.24.050 Gross premiums tax, all other insurers.
There is levied for the year 2002 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. Sec. 33-3-5, doing business within the state of Georgia in an amount equal to two and one-half percent of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. Sec. 33-8-8.2.
(Ord. dated 1/7/02 § 3: prior code § 13-25)
5.24.060 Due date and payment of license fees.
The license fees imposed by Sections 5.24.010 through 5.24.030 of this chapter shall be due and payable on the first day of January in each calendar year, hereafter beginning January 1, 1984. Payments shall be deemed delinquent if not received by March thirty-first of each such year. Payment of the license fees hereinbefore mentioned shall be made to the city clerk of the city, and shall be accompanied by a report showing the name and address of the person responsible for each business location subject to the license fee imposed, the address of each business location, the class or classes of insurance written at each business location, the names of the companies represented and such other reasonable information as may be required.
(Prior code § 13-26)
Chapter 5.28
VEHICLES FOR HIRE
Sections:
5.28.010 Definitions.
5.28.020 Certificate of public convenience and necessity--Required.
5.28.030 Certificate of public convenience and necessity--Application required.
5.28.040 Certificate of public convenience and necessity--Processing application.
5.28.050 Certificate of public convenience and necessity--Issuance, expiration, renewal.
5.28.060 Driver's permits--Application, fee, renewal.
5.28.070 Driver's permits--Processing application--Issuance or denial--Contents.
5.28.080 Appeals from denial of driver's permits--Suspension and revocation of certificate of public convenience and driver's permits and notice thereon.
5.28.090 Operation of taxicabs--Prohibited, permitted and required acts.
5.28.100 Duties of owners.
5.28.110 Duties of drivers.
5.28.120 Liability insurance required.
5.28.130 Enforcement.
5.28.140 Violations, penalty.
5.28.010 Definitions.
The following words and phrases when used in this chapter have the meanings as set out in this section:
"Certificate" means certificate of public convenience and necessity issued by the governing body authorizing the holder thereof to conduct a taxicab business within the city and its police jurisdiction.
"Driver" means any person who drives a taxicab.
"Manifest" means a daily record, prepared by the driver, of all trips made by the taxicab which he operates, showing the time and place of the origin and destination of each trip and the amount of the fare collected.
"Memorandum Certificate" means the card issued to a taxicab owner to display within the cab indicating that such taxicab has been issued a certificate of public convenience and necessity.
"Owner" means any person to whom a certificate of public convenience and necessity for the operating of a taxicab has been issued.
"Taxicab" means any motor vehicle seating four or fewer persons, and the driver, operating upon any street on call or demand, accepting or soliciting passengers indiscriminately for hire between such points along such streets as may be directed by the passengers so being transported.
"Traffic officer" means the chief or captain of the police department or another officer designated by the chief of police.
(Prior code § 23-1)
5.28.020 Certificate of public convenience and necessity--Required.
No person shall operate or permit a taxicab, or any other automobile, owned or controlled by him to be operated, as a vehicle for hire, in the city or its police jurisdiction without having first obtained a certificate of public convenience and necessity from the governing body authorizing such operation.
(Prior code § 23-2)
5.28.030 Certificate of public convenience and necessity--Application required.
All persons applying for a certificate of public convenience and necessity shall do so in writing to the traffic officer on the form provided by him which has been previously approved by the governing body. Such applicant shall furnish all information required by such form in complete detail and shall certify under oath to the correctness of the information.
(Prior code § 23-3)
5.28.040 Certificate of public convenience and necessity--Processing application.
The traffic officer shall investigate the application and shall submit it to the governing body for approval or disapproval along with his recommendation as to the need for such service and/or additional service in the city and its police jurisdiction, and, if approved, the number of vehicles authorized under such certificate.
(Prior code § 23-4)
5.28.050 Certificate of public convenience and necessity--Issuance, expiration, renewal.
After receiving the approval of the application of the governing body, the certificate of public convenience and necessity shall be issued by the city clerk upon payment of the required license fee. The clerk shall also issue to the applicant a memorandum certificate for each taxicab provided for in the certificate. All such certificates shall expire on December thirty-first of each year in which they have been issued, but may be reinstated by the city clerk for the following year provided there has been no revocation and all license fees required have been paid.
(Prior code § 23-5)
5.28.060 Driver's permits--Application, fee, renewal.
Before any person shall drive a taxicab upon. the streets of the city, he shall first pay a registration fee of two dollars to the traffic officer and shall make written and signed application to such traffic officer, upon a form furnished by the traffic officer, which application shall contain the name and residence of such applicant; his age, height, weight, color of hair, color of eyes, number of years of experience in driving motor vehicles, whether ever convicted of felony, misdemeanor, or traffic ordinance violation, and, if so, giving the dates and details; and also the names of two persons who will vouch for applicant's good moral character; and such other data as may be desired by the traffic officer. If the applicant desires a permit to drive for the owner of a taxicab business, the application shall also contain the name of such owner. Such permit shall be issued and renewed on an annual basis.
(Prior code § 23-6)
5.28.070 Driver's permits--Processing application--Issuance or denial--Contents.
A. After receipt of the application for permit, the traffic officer shall consider the same, and if satisfied from such application and other evidence that applicant is a fit and proper person safely to drive a taxicab upon the streets of the city, and in other respects also complies with the provisions of this chapter and traffic ordinances of the city, a written permit to drive a taxicab upon such streets shall be granted the applicant and be signed by the traffic officer. The permit shall contain the name and description of the applicant and such other data as the traffic officer deems proper.
B. If, on the other hand, after consideration of the application or other evidence by the traffic officer, he finds that the applicant is not a fit and proper person safely to drive a taxicab upon the streets of the city, or that applicant does not comply with the provisions of this chapter or traffic ordinances of the city, then the traffic officer shall deny the applicant a permit to drive a taxicab upon such streets.
(Prior code § 23-7)
5.28.080 Appeals from denial of driver's permits--Suspension and revocation of certificate of public convenience and driver's permits and notice thereon.
A. If the traffic officer denies an applicant a driver's permit in accordance with the provisions of Sections 5.28.060 and 5.28.070 of this chapter, the applicant shall be entitled to file an appeal to the mayor and council of the city. The appeal shall be perfected by filing of a notice with the city clerk specifying the traffic officer's refusal to issue the driver's permit in question and the grounds contended by the applicant that such refusal was improper. The city clerk shall schedule the applicant's appeal before the mayor and council at the next council meeting held not less than ten (10) days after the filing of the appeal. Notice of the actual date of the appeal hearing shall be given to the applicant at least ten (10) days prior to the date hereof.
B. No certificate of public convenience nor driver's permit issued under this chapter shall be suspended or revoked (except under subsection D of this section) except for due cause as hereinafter defined and after a hearing conducted after ten (10) days' prior written notice to the holder of such certificate or permit of the time, place and purpose of such hearing and a statement of the charge upon which such hearing shall be held. Such hearing shall be held before the mayor and council of the city.
C. Due cause for suspension or revocation of a certificate of convenience or driver's permit shall consist of willful violations of the laws or ordinances regulating such business or violation of state or federal law in any way relating to the licensee's business.
D. If the traffic officer has substantiated evidence that the owner of a certificate of convenience or a person holding a driver's permit has committed an act or allowed a condition to exist pertaining to the operation of the applicable taxicab or cabs which would create a substantial safety risk to the public (including, but not limited to, the revocation of the driver's operator's license, the failure of the owner to provide proof of insurance as required or the arrest of the driver on charges of a crime involving substantial bodily injury) and upon advising the owner and/or driver of the charges and the owner and/or driver, as the cave may be, is unable to reasonably explain the circumstances and the charges, the traffic officer, upon the written concurrence of the mayor, shall be authorized to suspend the certificate of convenience and/or the driver's permit, as the case may be, until such time as an appeal hearing or due process hearing in accordance with this section can be held by the mayor and council.
(Prior code § 23-8)
5.28.090 Operation of taxicabs--Prohibited, permitted and required acts.
A. Conviction of Felony or Misdemeanor. No person shall drive a taxicab upon the streets of the city who has been convicted of an offense constituting a felony or misdemeanor, or who has plead guilty to a charge of having committed an offense constituting a felony or misdemeanor; provided, however, that the governing body shall have the right to waive this prohibition, provided the applicant has conducted himself in a manner that would indicate his complete restitution to good citizenship for a period of two years, after completion of any sentence that he might have served, and, provided also, that all other requirements are in order.
B. Transporting Prostitutes. No person shall drive a taxicab upon the streets of the city who transports prostitutes, or who solicits or transports persons for the purpose of prostitution.
C. Eyesight, Mental and Physical Infirmity. No person shall drive a taxicab upon the streets of the city when on account of poor eyesight not corrected by glasses, or on account of bodily or mental infirmity, or for other reasons, he is unable safely to drive a taxicab upon such streets.
D. Minimum Age. No person shall drive a taxicab upon the streets of the city who is less than eighteen (18) years of age.
E. Intoxication, Drug Influence. No person shall drive a taxicab upon the streets of the city while under the influence of intoxicating liquors or narcotics, or who habitually uses intoxicating liquors or narcotics.
F. Compliance with City, State and Federal Laws. All taxicabs operating within the city and its police jurisdiction shall comply with all laws of the United States of America, the state and the city, regulating the speed and operation of other motor vehicles on the streets of this city and with due regard for the safety, comfort and convenience of passengers and for the safe and careful transportation of property and for the safety of the general public.
G. Cruising Prohibited. No driver of a taxicab shall cruise in search of passengers at any time but shall proceed from an origin by the most convenient and direct route to the required destination or destinations. When the taxicab is empty of passengers it shall, if awaiting a radio call for another trip, remain parked at a convenient location in the general area of the last destination, or if not awaiting a call it shall proceed directly to its headquarters or a designated cab stand without receiving other calls or soliciting passengers enroute.
H. Solicitation of Other Common Carrier Passengers Prohibited. No driver of a taxicab, or other person, shall solicit the patronage of persons assembled at the terminal of any other common carrier nor at any intermediate points along the established route of any such carrier, when such persons are assembled for the purpose of using the service of the common carrier.
I. Receipt and Discharge of Passengers on Sidewalk Only. Drivers of taxicabs must not receive or discharge passengers in the roadway but shall pull up to the sidewalk or curb on the right-hand side of roadway, and there receive or discharge passengers.
J. Refusal to Carry Orderly Passengers Prohibited.
1. No driver of a taxicab shall refuse or neglect to convey any orderly persons upon request, unless he is previously engaged or is unable or forbidden to do so by provisions of city ordinance or state law.
2. Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person to occupy or ride in the taxicab if the original or other passenger objects thereto and the driver shall first determine such passenger's wishes.
K. Places of Business and Stands. No taxicab or any other automobile for hire shall operate in the city unless the owner thereof shall maintain a place of business or depot on private property.
L. Fingerprinting Required. No person shall drive a taxicab upon the streets of the city until he has had his fingerprints taken by the police department of the city, in accordance with the system now in operation in such department.
M. Familiarity with Ordinances. No person shall drive a taxi-cab upon the streets of the city until he has shown, upon examination by the traffic officer, a familiarity with the provisions of this chapter and traffic ordinances of the city, one copy of this chapter to be furnished by the traffic officer to each driver.
N. Inspection of Driver and Cab. Every person applying for a permit to drive or who drives upon the streets of the city must submit himself and the taxicab driven by him to the inspection of the traffic officer whenever so directed by such officer.
O. Obedience to Police. A person driving a taxicab upon the streets of the city shall bring the vehicle to a full stop immediately upon command of a member of the police department of the city, and shall proceed as directed by such officer.
P. Front Seat Riders; Exception to Prohibition. It is unlawful for the driver of a taxicab to permit a person to ride with him upon the front vest of the taxicab, while operating in the city, unless the rear vest of such taxicab is fully occupied by passengers; provided, nothing herein shall operate to prevent the driver of a taxicab, for purposes of safety to himself, from requiring male passengers to ride on the front seat of the taxicab between the hours of sundown and sunrise, or where such person is physically incapacitated to ride in such rear seat. In making charges under this subsection the investigating officer shall consider all circumstances including weather conditions and health and infirmities of passengers.
Q. Type of Vehicle. All vehicles shall be a four-door model.
(Prior code § 23-10)
5.28.100 Duties of owners.
A. Owner's Records. Every owner shall maintain on file with the traffic officer, his name, business address, garage address, all business telephone numbers listed in his name and the name of all drivers, their license numbers and addresses, and the number of cabs operated, and shall within forty-eight (48) hours after any change in connection therewith report such change to the traffic officer.
B. Compliance with Regulations. Every owner of a taxi-cab or taxicab company shall comply with the following regulations:
1. Include in this application for public convenience and necessity, and give proper additional publicity to the hours and service periods during which his taxicabs shall be available to the public.
2. Provide a telephone call system, and sufficient taxi-cabs to provide the general public with the service stipulated in his application for public convenience and necessity.
3. Exercise his influence to the end that drivers operating under his trade name shall comply with all city, county, state and federal laws, ordinances and regulations.
4. Submit his taxicab for inspection when called upon by the police department of the city for the purpose of maintaining all cabs in a safe and clean condition at all times.
5. Shall require that each of his cabs bear his company's name, and cab number, which shall be painted or marked by a decal or permanent sign on the cab itself and not on a piece of metal to be attached to the cab.
6. Shall require that each of his drivers maintain the daily manifest provided for in Section 5.28.110(B) of this chapter.
C. Failure to Comply. A failure to comply with the provisions of subsections A or B of this section shall authorize the suspension or revocation of the certificate of public convenience and necessity issued to such owner, in the same manner as is provided for the suspension or revocation of driver's permits hereinabove.
(Prior code § 23-11)
5.28.110 Duties of drivers.
A. Dress and Cleanliness. Drivers of taxicabs shall be clean in dress and clean in person and shall wear a distinctive cap and/or uniform at all times while operating the taxicab. Such cap and/or uniform shall be designated by the company by which he is employed. This requirement shall be effective as to each driver ten days after he shall first become a driver as provided herein.
B. Driver's Manifest. The city shall require each driver to maintain a daily manifest upon which are recorded all trips made each day. Such manifest shall show the time and place of each trip's origin and destination and the amount of the fare. The forms for such manifest shall be furnished each driver by the owner and shall be of a type approved by the traffic officer. The owner shall require each driver to return the daily manifest at the end of each tour. Every owner shall retain and preserve all drivers' manifests in a safe place for at least twelve (12) months and they shall be made available upon demand to the traffic officer, the police department and the city governing body.
C. Property Left in Taxicab. Every driver of a taxicab shall thoroughly search the interior of such taxicab at the termination of each trip for any article of value which may be left in such taxicab by a passenger. Any article found therein shall be immediately returned to the passenger owning it, if he be known, otherwise it shall be deposited with the cab company as soon as discovered. A written report of the finding and deposit of such article shall be made by the owner, in duplicate, to the traffic officer within twenty-four (24) hours from the time such article is deposited with him.
D. Alcoholic Beverages. Transportation of any alcoholic or malt beverage by taxicab, except in the personal possession of passenger, is prohibited.
(Prior code § 23-12)
5.28.120 Liability insurance required.
Each owner shall carry liability insurance in the amount of ten thousand dollars ($10,000.00) personal injury, ten thousand dollars ($10,000.00) property damage, and twenty thousand dollars ($20,000.00) aggregate.
(Prior code § 23-13)
5.28.130 Enforcement.
The police department of the city is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the police department shall take appropriate action.
(Prior code § 23-14)
5.28.140 Violations, penalty.
Any person who drives a taxicab upon the streets of the city without having a permit as by this chapter required, or who drives a taxicab upon such streets while his permit is suspended or revoked, or who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1.12.010 of this code.
(Prior code § 23-15)
Chapter 5.32
OTHER BUSINESSES
Sections:
5.32.010 Peddlers on private property without permission of owner.
5.32.020 Fortune telling.
5.32.030 Poolrooms, restrictions on minors.
5.32.010 Peddlers on private property without permission of owner.
A. Declared Nuisance. The practice of being in and upon private property in this city by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise, without the permission or invitation of the owner or occupant of such property, for the purpose of soliciting orders for the sale of goods, wares, or merchandise or for the purpose of disposing of or peddling or hawking the same, is declared to be a nuisance and shall be summarily abated.
B. Abatement. Any person causing such a nuisance shall be ordered by the police department to abate the same immediately.
C. Penalty. It is unlawful for any person causing such a nuisance to fail or refuse to abate the same immediately upon being ordered to do so by the police department. Upon conviction of such offense, the offender may be punished as provided by Section 1.12.010 of this code; and for this purpose, each time that such person shall go upon private property in violation of this section, after having been ordered not to do so by the police department, shall constitute a separate offense and may be punished accordingly.
D. Provisions Cumulative. The provisions of this section regarding such nuisances shall be cumulative of other provisions in this code regarding nuisances, and shall not be construed to alter, amend or repeal any other such provisions.
(Prior code § 14-21.1)
5.32.020 Fortune telling.
It is unlawful for any person to carry on within the corporate limits of the city, the business of telling fortunes or carrying on the trade, business or profession of phrenology, clairvoyance, palmistry or other business of like kind or nature in which the future of any person is foretold or attempted to be foretold.
(Prior code § 14-16)
5.32.030 Poolrooms, restrictions on minors.
No person under eighteen (18) years of age shall be allowed in a billiard or poolroom without the written consent, for such time and place, of a parent or legal guardian or when accompanied by a parent of legal guardian.
(Prior code § 14-27)
Chapter 5.36
PAWNBROKERS
Sections:
5.36.010 Purpose.
5.36.020 Definitions.
5.36.030 Applicability of state law.
5.36.040 Annual permit required.
5.36.050 Permit application procedure.
5.36.060 Pawnbroker records, reports--Fingerprinting.
5.36.070 Suspension or revocation of permit.
5.36.080 Dealing with minors.
5.36.090 Hours of operation.
5.36.100 Enforcement.
5.36.010 Purpose.
The purpose of this chapter is to provide requirements for the operation of pawnshops within the city, which serve to benefit the public by impeding the sale of stolen property.
(Ord. dated 8/7/06 (part))
5.36.020 Definitions.
As used in this chapter, the term:
"Employee" means:
1. Any owner of a pawnshop or pawnbroker who, in the performance of duties or management of a pawnshop, comes into contact with members of the public; or
2. A person employed on a full-time or part-time basis by a pawnbroker in the operation of a pawnshop.
"Pawn transaction" means a loan on the security of or a purchase of pledged tangible personal property, including motor vehicles or motor vehicle certificates of title, on the condition that the pledged property may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time. "Pawnbroker" means a person or entity engaged in whole or in part in the business of lending money on the security of pledged tangible personal property, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the foregoing business activities.
"Pawnshop" means a business location wherein a substantial part of the business conducted consists of the activities described under the definition of "pawnbroker" in this section.
(Ord. dated 8/7/06 (part))
5.36.030 Applicability of state law.
In addition to and not in substitution for the requirements of this chapter, the operation of any pawnshop within the city shall be subject to the terms and provisions of Title 44, Chapter 12, Article 3, Part 5, Official Code of Georgia Annotated, as the same may be amended from time to time.
(Ord. dated 8/7/06 (part))
5.36.040 Annual permit required.
A. Any person or entity desiring to operate or be an employee of a pawnshop within the city shall first make application in person to the city police department for a permit to carry on such activity.
B. No such permit shall be issued to a person who, within the five years next preceding the date of the application, has been convicted or pled guilty or entered a plea of nolo contendere to a crime constituting a felony, or involving moral turpitude, theft or fraudulent practices, or who has falsified, concealed or misrepresented any material portion of the application.
C. No pawnbroker shall allow any employee to work in a pawnshop unless the employee shall have been issued a current valid permit.
D. The application required under this section shall be in such form as prescribed by the city police department, and shall include the name and street address of the pawnshop, the full name, residence address, telephone number, date of birth, social security number and fingerprints of the applicant.
E. Current permits for operators and employees issued pursuant to the provisions of this chapter shall be maintained at the pawnshop and available for inspection during regular pawnshop hours of operation.
(Ord. dated 8/7/06 (part))
5.36.050 Permit application procedure.
A. After ascertaining that all requisite forms have been completed and filed, that all additional information, including fingerprints, has been submitted, that no applicant is disqualified by virtue of a criminal record, the chief of police, or his designee, shall approve the application, subject to payment of an annual permit fee in an amount established by resolution of the city council.
B. In any case in which it appears to the chief of police that an applicant is not entitled to the issuance of a permit under the provisions of this chapter, the chief of police shall so notify the applicant in writing by mailing such notice to the applicant at the address furnished by the applicant. In the event that the chief of police refuses to issue a permit, or in the event that a permit is surrendered pursuant to the provisions of this chapter, the applicant or permit holder shall have the right to appeal such action to the city manager according to the procedures set forth in this section. The appeal shall be perfected by filing with the chief of police a notice of appeal to the city manager. The notice of appeal to the city manager must be filed with the chief of police within fourteen (14) days following the mailing of the notification of denial or surrender of the permit, and it shall be the duty of the chief of police, upon receipt thereof, to transmit the notice of appeal to the city manager, together with copies of all papers constituting the record upon which the action appealed from was taken. Thereafter, the city manager shall set a date for hearing on the matter within thirty (30) days after receipt by the chief of police of the notice of appeal, and shall notify the appellant in writing of the date, time and place when the matter shall be heard.
C. The applicant shall be given the opportunity to be heard and to present testimony of witnesses in support of his appeal at the hearing before the city manager. Within fourteen (14) days of the hearing, the city manager shall issue a written decision thereon and shall provide a copy of such decision to the appellant by mailing the same to the appellant at the address furnished by the applicant.
D. Appeals from decisions of the city manager pursuant to this section may be taken to the Superior Court of Newton County, Georgia, in the manner provided by law for appeals from convictions for municipal ordinance violations.
(Ord. dated 8/7/06 (part))
5.36.060 Pawnbroker records, reports--Fingerprinting.
A. Pawnbrokers shall keep permanent records containing an accurate description of all property pledged, traded or sold to them, including the name of the maker of the article, any identifying mark or number and a statement of the kind of material of which it is made, as well as the full name and address of the person by whom it was deposited or sold, and the time when such property was received. Such records shall be made as soon after the transaction as practicable, but in no event more than one hour thereafter.
B. Pawnbrokers shall also obtain the right index fingerprint of each person pledging or selling property in a pawn transaction unless the right index finger is missing, in which event, the print of the next finger in existence on the right hand shall be obtained, with a notation as to the exact finger printed.
C. Pawnbrokers shall file a daily written report, in such form and delivered in such manner as prescribed by the city police department, of all property pledged, traded or bought by such pawnbroker during the twenty-four (24) hour period ending at nine p.m. on the date of the report. In addition to any other information that may be required by the city police department, the reports shall show:
1. The name and address of the pawnbroker;
2. The date and time of the transaction;
3. The name of the pawnbroker or its employee dealing with its customer;
4. The name, age and address of the pawnbroker's customer and the distinctive number from such customer's driver's license or other similar identification card containing a photo of the customer, as well as a photocopy of the customer's driver's license;
5. The right index fingerprint of the customer unless the right index finger is missing, in which event the print of the next finger in existence on the right hand shall be obtained, with a notation as to the exact finger printed;
6. The serial number of each pawn ticket issued by the pawnbroker;
7. A clear and accurate identification and description of the goods pawned, bought or sold, including the serial number, model or other identifying number, all identifying marks inscribed thereon, and a well-focused properly exposed color photograph of such goods;
8. The amount paid, received or advanced for each transaction;
9. The number of the check issued for the purchase price of any item purchased by the pawnbroker; and
10. A photocopy of any document tending to show the customer's ownership of the items pawned or sold to the pawnbroker.
(Ord. dated 8/7/06 (part))
(Ord. dated 2/16/09, § 1)
5.36.070 Suspension or revocation of permit.
A. Subject to the right of appeal as set forth in Section 5.36.050(D) of this chapter, a pawnbroker's permit issued under this chapter may be suspended or revoked by the chief of police where the permit holder furnishes fraudulent or false information on his permit application or whenever a pawnbroker or employee violates the provisions of this chapter. The chief of police shall revoke the pawnbroker's permit whenever property is received by the pawnbroker during a period of suspension of that pawnbroker's permit. No suspension shall be for a period longer than the time remaining on the permit.
B. The following factors shall be considered on any revocation or suspension pursuant to this section:
1. Impact of the violation on the community;
2. Likelihood of deterring future violations;
3. Any mitigating circumstances or remedial steps taken by the permit holder; and
4. Any aggravating circumstances or failure of the permit holder to take remedial steps.
(Ord. dated 8/7/06 (part))
5.36.080 Dealing with minors.
No pawnbroker or employee shall receive any property for pawn from a person under the age of eighteen (18) years.
(Ord. dated 8/7/06 (part))
5.36.090 Hours of operation.
Pawnshops may open for business only between the hours of seven a.m. and nine p.m., Monday through Saturday.
(Ord. dated 8/7/06 (part))
5.36.100 Enforcement.
The city police department shall have responsibility for enforcement of this chapter, including the authority to inspect pawnshops during business hours for the purpose of verifying compliance with the provisions of this chapter.
(Ord. dated 8/7/06 (part))