§ 15-271. Issuance of license.

(a)

Review of applications. If a license application is submitted in proper form, including all information and exhibits required herein and accompanied by the correct fees, the application shall be accepted and a review of the application and an inspection and investigation shall be conducted by the director. The director shall transmit a copy of the completed application to the DeKalb County Police Department. Upon the payment by the applicant of the required fees, the DeKalb County Police Department, or its designee, shall cause to be conducted a background investigation of the police record of the applicant, and shall transmit a summary of the investigation results to the director.

(b)

Action on applications. Upon receipt of this background investigation, and completion of review of the application in accordance with the terms of this article, the director shall act on the application. The director shall deny any application that:

(1)

Fails to meet each of the application requirements specified herein;

(2)

Fails to meet each of the minimum standards specified in section 15-270; or

(3)

Contains false information in the application or attached documents.

Otherwise, the director shall approve the application and the license shall be issued by the finance department upon the payment of any applicable county business or occupation tax. All licenses issued pursuant to this article shall be valid for a period of one (1) year. If an application for a license is denied under this article, the applicant shall not be authorized to reapply for said denied license for a period of one (1) year from the date of denial.

(c)

Appeals of denials of applications. In the event the director denies a license or apprentice permit application, such denial shall be in written form, addressed to the applicant at the application address, and shall state the grounds upon which the denial is based. Within fifteen (15) days of the date of issuance of such notice, the applicant may appeal the denial by submitting a written notice of appeal to the finance department division of internal audit and licensing. The alcoholic beverage review board, established pursuant to DeKalb County Code section 4-56, shall schedule a hearing on the appeal within thirty (30) days of receipt of the notice of appeal, unless a continuance of such date is agreed to by the appellant and the finance department. The board shall provide written notice of the hearing date, time, and place to the appellant. At the hearing, the appellant and the director may each present evidence relating to the grounds for denial. The appellant may be represented by counsel at the expense of appellant, and shall have the right to present evidence and cross-examine the witnesses.

The board shall decide the appeal within a reasonable time. An appeal shall be sustained upon a finding by the board that the director's action was based on an erroneous finding of a material fact, or that he acted in an arbitrary manner. In exercising its powers, the board may reverse or affirm, or may modify, the decision appealed from, and to that end shall have all the powers of the director and may issue or direct the issuance of a license provided all requirements imposed by applicable laws are met. The findings of the alcoholic beverage review board shall be final, unless appealed within thirty (30) days of the date of the findings by certiorari to the superior court of the county.

(Ord. No. 99-05, § 1, 2-9-99; Ord. No. 11-02, Pt. I, § 1, 11-27-01)