§ 54-124. Transfer, suspension, and revocation.

(a)

New location.

(1)

Any business or practitioner subject to this article moving from one location to another location within the city limits shall notify the city of such move and of the new address in writing, on a form provided by the city, no later than 30 days prior to the date that the business or practitioner moves to the new location.

(2)

A new certificate will be issued upon payment of a change of location fee if the new location conforms to the building and zoning regulations of the city. The amount of the change of location fee is established as part of the schedule of fees as approved by the city council from time to time.

(b)

New owner. No certificate issued hereunder may be transferred to any other person, partnership, corporation, business, practitioner or other entity. Any new business owner or practitioner shall apply and register for a new certificate within 30 days after the commencement of business.

(c)

Notice.

(1)

Whenever, in the opinion of the city, there is cause to suspend or revoke this certificate, a written notice of intention to suspend or revoke the certificate shall be sent by certified mail to the certificate holder. A hearing will be scheduled wherein the certificate holder may present his case before the city council or its designee. The hearing shall take place not more than 30 days after the issuance of the notice.

(2)

After the hearing, the city council or its designee may suspend or revoke this certificate if the grounds set forth in subsection (c)(3) of this section exist or if the city council or its designee determines the establishment is a threat or nuisance to public health, safety or welfare. The findings and decision of the city council or its designee shall be forwarded in writing to the city's tax collector within ten days after the conclusion of the hearing, and it shall be the duty of the city's tax collector to notify the certificate holder by certified mail of the action taken with a copy of the findings and decision within ten days of receipt by the city's tax collector.

(3)

The decision to suspend or revoke a certificate issued under this section is solely within the discretion of the city council or such board as the city council may designate. An occupation tax certificate may be suspended or revoked upon one or more of the following grounds, but is not limited to:

a.

The certificate holder is guilty of fraud in the business or occupation he practices, or fraud or deceit in being licensed to practice in that area;

b.

The certificate holder is engaged in his business or occupation under a false or unauthorized assumed name, or is impersonating another practitioner of a like or different name;

c.

The certificate holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate such person to the extent that he is unable to perform his duties;

d.

The certificate holder is guilty of fraudulent, false, misleading, or deceptive advertising or practices;

e.

The certificate holder has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in O.C.G.A. title 16, ch. 6 (O.C.G.A. § 16-6-1 et seq.), or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five years immediately prior to the filing of the application. If, after having been granted a certificate, the applicant is found not to be rehabilitated, or pleads guilty or enters a plea of nolo contendere to any of the offenses in this section, said certificate is subject to suspension and/or revocation;

f.

The application contains materially false information, or the applicant has deliberately sought to falsify information contained therein;

g.

The certificate holder refuses to allow inspection and documentation of the premises of any business location as required in this article. Said refusal is grounds only for suspension or revocation as provided in this section, unless expressly provided otherwise by any other ordinance applicable to the business; or

h.

Any ordinance or law having a reasonable relationship to the ability of the licensee to carrying on the licensed business or occupation.

(4)

The decision of the city council or its designee shall be final unless the certificate holder applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the city council or its designee.

(Ord. No. 2005-12-02, § 1(ch. 11, art. 1, § 10), 12-1-2005; Ord. No. 2007-04-32, § 3, 4-17-2007; Ord. No. 2007-06-36, 6-5-2007; Ord. No. 2009-09-46, 9-1-2009)