§ 4-51. Issuance of license and employee permits; adult entertainment employee permits; employee permit fees.

(a)

Before a license shall be granted under this division, the applicant shall comply with all rules and regulations adopted by the board of commissioners regulating the sale of alcoholic beverages and each applicant for a license to sell alcohol shall pay a license fee in the amount to be established by action of the board of commissioners.

(b)

A license will be issued or the issuance of a license will be denied within thirty (30) days after submission of a properly completed application. If a license is not issued or denied within the time frame specified herein, the license shall be automatically approved.

(c)

All employees of any licensed establishment must hold a permit. A permit fee shall be paid prior to the issuance of the permit the amount of which shall be established by action of the board of commissioners. The conditions and procedures governing the issuance of alcohol permits for employees are set forth herein and in sections 4-127, 4-148 and 4-163 of this Code.

(d)

Any employee permit identified in this article will be issued or the issuance of a permit will be denied within thirty (30) days after submission of a properly completed application. A permit shall be valid for twelve (12) months from the date of issuance. If a permit is not issued or denied within the time frame specified herein, the permit shall be automatically approved.

(e)

Employees employed in an adult entertainment establishment where alcohol is consumed, whether for compensation or otherwise, shall be required to have a permit in addition to the alcohol permit provided for in section 4-51(c). A permit fee shall be paid prior to the issuance of the permit in the amount to be established by action of the board of commissioners. The amount of that fee may vary for different categories of employee. The categories of adult entertainment employee permit, shall include, but are not limited to, dancers/performer, bartender/waiter, bouncer and others. Permits issued to dancers/entertainers and bartenders/waiters shall authorize the holder to work in such capacity in any adult entertainment establishment in the county. Accordingly, the fee for such category of employee will be fixed at a higher rate. For the purpose of this article, independent contractors, such as entertainers, employed or hired by an adult entertainment establishment, shall be licensed as employees regardless of the business relationship with the owner or licensee of any adult entertainment establishment. Each independent contractor shall be required to have and maintain his or her separate business license. Notwithstanding, this provision shall not apply to an independent contractor who performs accounting, legal, administrative, repair, or maintenance services for licensee.

(f)

Employees of adult entertainment establishments shall not be less than eighteen (18) years of age. No person requiring a permit may be employed by or work in an establishment as defined in Article I until such person has filed an application, paid the fee for and obtained a work permit from the police department.

(1)

No person shall be employed in any capacity whatsoever, including but not limited to performers, entertainers, waiters, bouncers, bartenders, discjockeys, and musicians who has been convicted in this or any other county or state or in any federal court within five (5) years immediately prior to the application for employment for soliciting for prostitution, keeping a disorderly place, illegally dealing in narcotics, sex offenses or any charge relating to the manufacture or sale of intoxicating liquors or any felony or misdemeanor of moral turpitude, or for whom any outstanding warrant exists on which service has not been perfected. "Be employed" shall include all work done or services performed while in the scope of employment on the premises and elsewhere than on the premises, for compensation or otherwise. Notwithstanding, this provision shall not apply to an independent contractor who performs accounting, legal, administrative, repair or maintenance services for the licensee.

(2)

No person requiring a permit may be employed or work in any adult entertainment establishment until such person has filed an application, paid the fee for and obtained a work permit from the police department.

(3)

An application for a permit shall include the applicant's legal name, all of the applicant's aliases and/or any other name by which the applicant has ever been known, address, business name and address, date of birth with written proof thereof, and prior arrest record of the applicant. The police department shall make a complete search relative to any police record of the applicant. If there is no record of a violation of this section of the Code, or of any other section of the Code, the police department shall issue a permit to the applicant.

(4)

Any permit for employment issued hereunder shall expire twelve (12) months from the date of issuance unless earlier revoked or suspended. The police department may prescribe reasonable fees for certifying the eligibility for employment.

(5)

Employees holding permits issued pursuant to this chapter shall at all times during their working hours have said permits available for inspection at the premises.

(6)

Employees shall provide their employer with a legible copy of the same which copy shall be maintained by the employer as part of its business records.

(Code 1976, § 7-2018; Ord. No. 00-21, Pt. 1, § VII, 3-14-00; Ord. No. 01-12, Pt. I, 6-26-01)

State law reference

License fees authorized and limitations thereon, O.C.G.A. §§ 3-4-50, 3-5-42.