§ 4-11. Application forms and notice of application advertisements.

(a)

All persons desiring to sell distilled spirits, malt beverages and/or wine shall make application on the form prescribed by the city council and must resubmit an application no later than the date set for renewal in each third year of continuing licensure at which time the applicant may be required to submit to audit in addition to meeting the other requirements of these regulations.

(b)

The application shall include, but shall both be limited to, the name and address of the applicant; the proposed business to be carried on; if a partnership, the names and resident address of the partners; if a corporation, the names of the officers; the names and address of the registered agent for service of process; the name of the manager(s); and the name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity that owns or operates the establishment for which a license is sought. If the manager changes, the applicant must furnish the business license director and Temple Police Department the name and address of the new manager and other information as requested within ten days of such change.

(c)

All applicants shall furnish data, fingerprints, financial responsibility and other records as required by the city council to ensure compliance with the provisions of this chapter. The failure to furnish data pursuant to such request shall automatically serve to dismiss the application with prejudice.

(d)

The fingerprints provided shall be forwarded to the sheriff's department and/or the Georgia Bureau of Investigation, as well as the Federal Bureau of Investigation, to search for any instance of criminal activity during the ten years immediately preceding the date of the application.

(e)

All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths.

(f)

In all instances in which an application is denied under the provisions of this chapter, the applicant may not reapply for a license for at least one year from the final date of such denial.

(g)

The city council shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter.

(h)

All persons applying for a license under this chapter shall give notice of that application by placing a notice in the city legal organ for three consecutive weeks prior to the week when the application shall be heard by the city administrator. An affidavit from the publisher of said legal organ shall be filed with the city clerk prior to the hearing.

Said notice shall contain the location of the proposed business, names of all persons as they appear on the application as required by section 4-11 of this chapter, and the date and time the city administrator will hear the application. The advertisement shall be the type used for legal ads in the legal organ of the city, and the notice referred to shall be in the following form, with the blanks filled in as applicable:

NOTICE OF APPLICATION FOR LICENSE TO SELL DISTILLED SPIRITS, BEER AND/OR WINE BY THE DRINK AND FOR CONSUMPTION ON THE PREMISES ONLY IN THE CITY OF TEMPLE, GEORGIA;

_____________________ has, had made application to the governing authority of the City of Temple for a license to sell _____________, at the following location: __________.

The proposed licensee is ____________. The proposed licensee representative is _________________. The application will be heard by the city administrator at a public hearing to be held at ___ o'clock ___.m. on the _____ day of _________, 201_.

Signed: ___________________________

Proposed Licensee

Note: Names of the individual, general partners, corporation, licensee and licensed representative must be shown.

(i)

Those applying for a license shall also place signs upon the location of the proposed business. Said signs shall be printed in type of not less than two inches in height and shall read as follows:

License to sell distilled spirits, beer and/or wine by the drink for consumption on the premises only applied for. Hearing before the city administrator of the City of Temple on the day of _________, 201_ at ___o'clock _.m. at the Temple City Hall.

The signs described above shall be posted on the location of the proposed business for three weeks prior to the week of the hearing on the issuance of the license. Each sign shall be not less than 18 inches high and 24 inches wide, and shall face toward all public or private property adjoining the proposed location. Such signs shall be placed where they can be easily seen from all public or private property adjoining the proposed location. An affidavit from the applicant certifying posting shall be filed with the city clerk prior to the hearing.

(Ord. No. 2010-7, 9-15-2010)