POLICE POWER LICENSES AND PERMITS GENERALLY

Atlanta City Code pt. II, ch. 30, art. II

in effect

Atlanta City Code § 30-26 License review board.

Sec. 30-26. - License review board. (a) There is created a license review board of the city to be composed of seven members who shall be residents of the city appointed by the mayor and approved by the council. One of the members of the board shall be an attorney-at-law. One of the members of the board shall be the president of the planning advisory board (APAB) or the president's designee. No employee or elected official of the city shall be appointed to the board nor shall any person be appointed who holds any interest in any license issued under the police powers of the city. The members of the board shall serve for two-year terms. Members of the board, and the email addresses of each member shall be publicly listed on the Atlanta Police Department website with the current Chairperson indicated. (b) The board shall hold a minimum of two meetings in any calendar month and the meetings shall be held in any municipal building and shall be open to the public. Four members shall constitute a quorum for any meeting of the board. Each member of the board shall be paid $100.00 per meeting or $100.00 per day of any adjourned meeting. In addition to the regular compensation, the member who writes the board's findings and recommendations shall be paid $100.00. Administrative and legal services as may be required by the board shall be furnished by departments and agencies of the city. (c) The functions of the board shall be to: (1) Review all applications for permits, other than work permits and taxicab permits, issued under the police power of the city which are referred to the board by the mayor or the commissioner of public safety or a designated agent with a statement thereon indicating whether or not such application meets the legal requirements for the issuance of such permit. The board shall make a favorable or unfavorable recommendation thereon to the mayor in accordance with the applicable sections of this Code or other ordinances and state statutes regulating the issuance of such permits and licenses; (2) Hear all appeals that may be filed from the denial, suspension or revocation of any work permits by the police chief or that may be filed under chapter 138, article VI, pertaining to outdoor festivals, from the denial or classification of any application for an outdoor festival permit by the commissioner of parks and recreation and make recommendations on those appeals to the mayor in accordance with the applicable sections of this Code or other ordinances and statutes of the state; and (3) Unless otherwise provided, conduct hearings on any charges which may be brought against any licensee under the police powers of the city where those charges may be the basis for suspension or revocation of the license and to report its findings and recommendations to the mayor. (d) During all hearings before the board, formal legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall follow the Georgia rules of evidence regarding privileges. (e) All votes of the board shall be announced in public. (f) All recommendations of the board made in accordance with this section, shall be delivered to the mayor within three business days of the public announcement of the vote of the board on such recommendations. (g) Final decisions of the mayor to deny an application for a new license or permit, to deny a transfer of location or transfer of ownership, or to revoke, suspend or refuse to renew a license or permit, or to impose a fine upon any license or permit under this chapter may be appealed via Certiorari to the Superior Court of Fulton County. (h) Board minutes shall, at a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, the identity of the persons making and seconding the motion or other proposal, and a record of all votes. The name of each person voting for or against a proposal shall be recorded. The name of each person abstaining shall be recorded along with the reasons for their abstention. Board minutes shall be posted on the Atlanta Police Department website within two business days of any board meeting. (Code 1977, § 14-6004; Ord. No. 2001-16, § 1, 2-24-01; Ord. No. 2008-80(08-O-1676), § 4, 11-6-08; Ord. No. 2012-43(12-O-1072), § 3, 9-26-12; Ord. No. 2021-59(21-O-0878), § 6, 11-24-21)

Atlanta City Code § 30-27 Subpoena; authority of license review board.

Sec. 30-27. - Subpoena; authority of license review board. (a) Issuance, contents, service. Whenever the attendance of any witness may be required before the license review board to establish any fact in connection with any hearing or any investigation which may be lawfully conducted by the license review board, the mayor or the mayor's designee is authorized to issue a subpoena, directed to the witness, requiring the witness to personally be and appear at the time and place of the meeting of the board and to produce at that time and place any documentary evidence which, in the judgment of the board, may be required. Such witness shall remain in attendance upon the meeting until excused therefrom. The subpoena shall bear teste in the name of the city, shall be signed by the mayor or the mayor's designee and shall be served by any member of the department of police. Such service shall be had at least 24 hours before the time such witness is required to attend and to continue the attendance of the witness. (b) Penalty for violation. If any person so summoned as set out in subsection (a) of this section as a witness shall fail, neglect or refuse to attend the hearing or shall fail, neglect or refuse to produce any relevant documentary evidence or shall fail or refuse to take and subscribe to the required oath or affirmation or shall fail to answer any question lawfully propounded or shall fail to continue in attendance until excused by the board, the person shall be cited to appear before the municipal court and, upon conviction by that court shall be subject to the general penalties provided in section 1-8, except the fine shall be limited to $50.00 and the sentence to work on the streets or public works of the city shall not exceed 25 days. (Code 1977, § 14-6006)

Atlanta City Code § 30-28 Fees.

Sec. 30-28. - Fees. (a) Amount. Every person filing an initial application for a license for the sale of alcoholic beverages shall pay at the time of the filing of the application a fee in accordance with schedule 1 of this section to be applied to the cost of processing the application. Every person filing an application for the renewal of a license for the sale of alcoholic beverages shall pay at the time of the filing of the application a fee in accordance with schedule 2 of this section to be applied to the cost of processing the application. Every person filing an application for a license other than for the sale of alcoholic beverages which requires approval by the license review board shall pay at the time of filing of the application a fee in accordance with schedule 3 of this section. Every person filing for a permit not covered in these schedules shall be charged a minimum fee of $30.00. Schedule 1 Initial Application Fee for License for Sale of Alcoholic Beverages Description Fee Malt beverages/wine consumed .....$300.00 Malt beverages/wine packaged .....300.00 Create a package store area .....300.00 Distilled spirits package .....300.00 Distilled spirits consumed .....300.00 Schedule 2 Application Fee for Renewal of License for Sale of Alcoholic Beverages Description Fee Malt beverages/wine consumed .....$150.00 Malt beverages/wine packaged .....150.00 Create a package store area .....150.00 Distilled spirits package .....150.00 Distilled spirits consumed .....150.00 Schedule 3 Application Fees for Licenses Other Than Sale of Alcoholic Beverages Description Fee Employees/independent contractors working at adult entertainment establishments which sell alcohol: Application fee .....$ 50.00 Permit fee .....200.00 Aerobics/slimnastics .....500.00 Alarms commercial permits .....50.00 Alarms residential permits .....50.00 Billiard/pool room .....150.00 Bonding company .....500.00 Bondsperson .....250.00 Boxing promoter .....2,000.00 Burglar alarm company .....500.00 Burglar alarm installer .....75.00 Door-to-door sales (company) .....500.00 Door-to-door sales (employee) .....170.00 Escort service (company) .....2,000.00 Escort service (employee) .....300.00 Firearm application .....120.00 Fortuneteller or handwriting analysis annual fee .....500.00 Fund solicitation annual fee .....200.00 Game room .....150.00 Gym/health spa .....500.00 Hypnotherapy .....500.00 Lingerie modeling studios (company) .....3,000.00 Lingerie modeling studio (employees) .....300.00 Massage salon annual fee .....2,000.00 Massage technician annual fee .....200.00 Motel/hotel .....120.00 Moving .....60.00 Parking lots/garages - per lot .....250.00 Parking lots/garages - per space .....3.00 Pawnshop annual fee .....750.00 Precious metal dealer annual fee .....750.00 Roominghouse/lodge .....150.00 Scrap processor .....500.00 Sightseeing company .....200.00 Social/private club .....200.00 Tattoo parlor .....150.00 Teenage dancehall .....180.00 Telephone solicitations .....150.00 Theater annual fee .....500.00 Vendor assistant permit .....30.00 Vendor replacement permit .....30.00 Wrecker company (each truck) .....300.00 Wrecker company employees .....150.00 Wrestling promoter license fee .....2,000.00 Wrestling permit application fee .....100.00 Wrestling referees, judges, timekeepers, managers, trainers, and seconds .....100.00 (b) Refunds; fee to accompany application. No refunds of fees so paid shall be made even though the application may be subsequently dismissed prior to investigation being made. Each application shall be accompanied by the fee, even though the applicant may have previously filed other applications. (Code 1977, § 19-14.022; Ord. No. 1998-95, § 1, 12-14-98; Ord. No. 1999-12, §§ 6, 7, 2-9-99; Ord. No. 1999-14, § 1, 2-9-99; Ord. No. 1999-35, §§ 6, 7, 3-9-99; Ord. No. 2000-7, § 6, 2-15-00; Ord. No. 2016-11(16-O-1150), § 2, 5-11-16)

Atlanta City Code § 30-29 Issuance contingent upon applicant's criminal record.

Sec. 30-29. - Issuance contingent upon applicant's criminal record. (a) Rules for consideration of applications. In considering an initial application for a license or permit issued under the police power of the city, the following rules shall apply with respect to an applicant's criminal record: (1) All applications for a license or permit issued under the police powers of the city shall be reviewed for criminal history. Only convictions, pleas of nolo contendere, or violations of law, including city ordinances, reasonably related to the application, shall ever be considered. A nolo contendere plea shall not be taken into consideration and shall not be cause for or used as justification for denial of the application, except as otherwise provided by law or city ordinance. (2) Any conviction or plea of nolo contendere for which the applicant has received either a pardon or restoration of civil and political rights from the state board of pardons and paroles shall not be taken into consideration and shall not in any way be cause for or used as justification for denial of the application. (3) A plea of nolo contendere or plea of guilty under O.C.G.A. tit. 42, ch. 8, art. 3 (O.C.G.A. § 42-8-60 et seq.), the First Offender's Act, shall not be taken into consideration and shall not be cause for the denial of the application for a license or permit, provided that the person has not more than one plea of guilty or plea of nolo contendere under that act for the commission of any act or offense in violation of the laws of the United States, the state or the city at the time of filing the application. (4) No conviction or plea of nolo contendere, the sentence for which shall have been successfully completed, including parole or probation, if any, more than five years preceding the filing of the application for the permit or license shall be taken into consideration or be cause for or a justification for denial of the application. (5) Subject to subsections (a)(1), (2), (3) and (4) of this section, the person or body approving or denying an application for a license or permit under the police power of the city may take into consideration the criminal record of the applicant in determining whether to approve or deny the application; provided, however, that only those offenses that are reasonably related to the job duties involved in the job for which a permit or license is sought may be taken into consideration or used as cause to deny the application. For purposes of this section, an offense is reasonably related to the job duties involved in the job if the job involved offers a greater than normal opportunity to commit the same crime or a similar crime to that of which the person was previously convicted, provided further that the convictions shall never operate as an automatic disqualification, but shall be considered along with all other relevant information by the person or body approving or denying the application for a permit or license. Subject to subsections (a)(1), (2), (3) and (4) of this section, the only purpose of using an applicant's prior criminal history in determining whether to approve or deny an application for a license or permit shall be to determine the applicant's ability to perform the job for which the license or permit is sought in a safe and lawful manner. (b) Renewals, suspensions and revocations. All renewal applications for a license or permit issued under the police powers of the city shall be reviewed for criminal history. In considering a person's criminal record or history for determining whether or not to renew, suspend or revoke a license or permit issued under the police powers of the city, the same standards shall be used as are set out in subsection (a) of this section relating to initial license or permit applications. (c) Factors other than criminal history. Nothing in this section shall in any way be interpreted to affect the ability of the person or body charged with the responsibility to issue, renew, suspend or revoke a license or permit to apply any proper criterion or standard, other than prior criminal history, in determining whether to issue, renew, suspend or revoke the license or permit. (d) Application of section. This section is intended to apply to every license to do business or permit to engage in a particular job or occupation which is regulated under the police power of the city. (Code 1977, § 14-6002; Ord. No. 2001-10, §§ 1, 2, 2-13-01)

Atlanta City Code § 30-30 Effect of denial or revocation.

Sec. 30-30. - Effect of denial or revocation. (a) When any application for a license or permit to transact any business within the control of the police powers of the city is denied for cause or revoked for cause by the mayor, it shall be unlawful for the department of police to accept or consider any application for a license to operate at that location the same type of business within 12 months from the time of denial or revocation by the mayor. For purposes of this subsection the 12-month period as stated in this subsection shall be tolled during any period of time that an appeal is pending of said denial or revocation, or any period of time that by operation of law the city cannot enforce said denial or revocation, or any period of time during which there is in place a valid, voluntary agreement between the city and the entity denied a license or permit or whose license or permit has been revoked to not enforce the mayor's decision pending the outcome of litigation in any way involving said denial or revocation. (b) It shall be unlawful for the license review board to consider any application mentioned in subsection (a) of this section or a motion for rehearing of that application within 12 months without specific authority from the mayor. For purposes of this subsection the 12 month period as stated in this subsection shall be tolled during any period of time that an appeal is pending of the denial or revocation mentioned in subsection (a) of this section, or any period of time that by operation of law the city cannot enforce said denial or revocation, or any period of time during which there is in place a valid, voluntary agreement between the city and the entity denied a license or whose license or permit has been revoked as mentioned in subsection (a) of this section to not enforce the mayor's decision pending the outcome of litigation in any way involving said denial or revocation. (Code 1977, § 14-6001; Ord. No. 2003-106, § 1, 11-24-03)

Atlanta City Code § 30-31 Notice to police of security measures and emergency contacts.

Sec. 30-31. - Notice to police of security measures and emergency contacts. (a) All persons owning, operating or managing any business located in the city shall furnish to the department of police information necessary to indicate the security measures located at the business and the persons to be notified if an emergency occurs at the business. This information shall be kept current by the owner of the business. (b) Every person applying for a new license to operate or manage a business shall be required, at the time of the application, to furnish the information required in subsection (a) of this section and to keep the information current. (c) Every person owning, operating or managing a business shall be furnished by the department of police an emergency decal containing a coded number, and the owner, operator or manager of the business shall place the decal at least five feet above the ground level in the most conspicuous location as close as possible to the main entrance of the business. (d) The department of police shall enforce compliance with this section. (Code 1977, § 14-6003)

Atlanta City Code § 30-32 Material misrepresentations regarding ownership or use of business enterprises.

Sec. 30-32. - Material misrepresentations regarding ownership or use of business enterprises. (a) It shall be unlawful for any person to make any material misrepresentation of the composition of the ownership or work force of a business entity doing or seeking to do business with the city. (b) It shall be unlawful to make any knowing misrepresentation to the city of the use which a contractor intends to make of a minority, female or developing business enterprise, as a subcontractor or a joint venture partner in performing work under contract with the city. (c) These offenses shall be punishable pursuant to section 1-8. (d) These offenses are not intended, nor shall they be construed to supersede, supplant or nullify any ordinances pertaining to the authority of the city to debar or suspend a person from consideration for award of city contracts for the offenses enumerated in this section. (Code 1977, § 17-11012)

Atlanta City Code § 30-33 Renewal contingent on compliance with Article III of this chapter.

Sec. 30-33. - Renewal contingent on compliance with Article III of this chapter. At the time of the renewal of a license or permit issued under the police powers of the city, the licensee must show that the licensed business is compliant with the provisions contained in Article III of this chapter, including that they are registered with the business tax division and have been issued a certificate therefrom, where applicable. A finding of the failure by the licensee to maintain such compliance shall be due cause for refusal to renew the license or permit. (Ord. No. 2010-53(10-O-1536), § 1, 9-29-10)

Atlanta City Code § 30-34 Authorized designee.

Sec. 30-34. - Authorized designee. (a) The mayor is hereby authorized to name a designee or designees who shall be authorized to receive applications for licenses or permits issued under the police power of the city, and to take action to either grant, deny, or remand to the license review board such license or permit applications pursuant to the applicable provisions of the City of Atlanta Code of Ordinances regulating the license or permit at issue. (b) This section shall only apply to any application for a license or permit which had been referred to the license review board accompanied by a statement that the application met the legal requirements for the issuance of the license or permit at issue, and which was transmitted to the mayor by the license review board with a favorable recommendation. (c) Should the mayor desire to name a designee or designees to act in accordance with this section, the mayor shall do so pursuant to an administrative order. (Ord. No. 201-30(19-O-1209), § 1, 5-14-19)

Source: City of Atlanta, Code of Ordinances (Charter and Related Laws, General Ordinances, Land Development Code) (Municode Library, library.municode.com)URL: https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH30BU_ARTIIPOPOLIPEGEFetched: 10/28/2026