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Alcohol Control Commission

Regular Meeting

Rome, GA · March 15, 2021

AgendaMinutes

Minutes

ALCOHOL CONTROL COMMISSION Monday, March 15, 2021 The Alcohol Control Commission met at 5:00 p.m. this date in the City Commission Chambers of City Hall, 601 Broad Street. Monica Sheppard, Chair, was present along with John Kendrick, Harold Morgan, Billy Cooper, and Commissioner Quick. Steve VanMeter was absent. Assistant City Attorney Stephen Moseley was also present. Minutes – February 15, 2021 The minutes of the February 15, 2021 meeting, as submitted in writing by the Secretary, were approved by unanimous consent. Billy Cooper Ms. Sheppard welcomed Mr. Billy Cooper to his first meeting of the Alcohol Control Commission. Olea Olive Oil and Wines, 424 Broad Street The application of Ms. Elizabeth Kieler, owner and operator of Olea Olive Oil and Wines, 424 Broad Street, Suite 100, was presented. Ms. Kieler has requested that a new Beer and Wine Package and Pouring License be issued to her at that location. Ms. Kieler was present, and all papers were in order. Secretary Smith explained that Ms. Kieler’s application was initially approved by the Alcohol Control Commission via email in January 2021 (there was no ACC in-person meeting at this time). This business has been open for a few weeks. Ms. Kieler explained that, currently, only she and her partner are working at this location. However, they will be adding employees in the future and will be using one of the online alcohol training programs. She did indicate that they plan to use a phone app which can verify the validity of a person’s license if needed. Their current hours are 11 a.m. – 7 p.m. Monday through Saturday; however, these hours may be altered as needed in the future. Mr. Kendrick moved to approve the license request as submitted. Mr. Morgan seconded, and the vote was unanimously in favor. The Shrimp Boat, 402 East 2nd Avenue The application of Jeremy Duke, owner and manager of the Shrimp Boat, 402 East 2nd Avenue, was presented. Mr. Duke requested that a new Beer Pouring License be issued to him at that location. Secretary Smith explained that, although the Shrimp Boat has been in operation for many years in Rome, this will be the first application for an alcohol license at that business – either at the current location or the former location near Central 1 Plaza. Mr. Duke is currently the owner/operator of the Mellow Mushroom on Broad Street and Moe’s Barbeque at Bridge Point Plaza. Mr. Duke stated that he will have approximately 16 employees and plans to train them via the Serve Safe Program. Mr. Cooper moved to approve the request for a new Beer Pouring License at the Shrimp Boat, 402 East 2nd Avenue, subject to all final inspections and approvals by the appropriate city officials. Mr. Kendrick seconded, and the vote was unanimously in favor. Gravity 1818, 1818 Redmond Circle The application of Sherry Saudagar, co-owner and manager of Gravity 1818, 1818 Redmond Circle, was presented. Ms. Saudagar requested that a new Beer and Wine Package License be issued to her at that location. Currently, there is a convenient store operating at this site, and the owners wish to add beer and wine package. Ms. Saudagar explained that this is a 24-hour/day store and currently, only she and her husband are full time employees. Her father-in-law apparently helps out as needed, and they hope to add other employees as funds allow in the future. Ms. Saudagar indicated that the cash register will require that a date-of-birth be entered for all alcohol sales, and they may add an ID scanner in the future. Upon being questioned, she indicated that they do have coin-operated amusement machines (COAM), and nine of these machines are at this facility. Mr. Kendrick moved to approve the license request as submitted, subject to all final inspections and approvals by the appropriate city officials. Mr. Morgan seconded, and the vote was unanimously in favor. Alcohol Sales Permit Appeal – Brandy Mathis Secretary Smith reported there has been some communication between Ms. Mathis and the City of Rome regarding her request for an Alcohol Sales Permit. As reported by the Rome Police Department, Ms. Mathis currently has a felony conviction and a yet-to-be- adjudicated felony charge or charge for an additional felony. Ms. Mathis was not present at today’s meeting. Las Palmas, Riverside Parkway – Cinco de Mayo Event A representative for licensee Eva Santos was present at tonight’s meeting. He explained that Las Palmas Riverside has hosted a Cinco de Mayo event each year typically in a tent area adjoining the restaurant. The first time the event was held, the Alcohol Control Commission gave permission for the event, and each subsequent year, the event has been held in a similar manner, with Las Palmas notifying the City in writing each year. 2 The Cinco de Mayo event was not held in 2020 due to the COVID pandemic; however, they would like to try to hold this event again this year. It was explained that in years past, anyone wishing to enter the tent area, must first go through the restaurant, and there will be off-duty police officers to ensure that all laws are enforced. Mr. Cooper moved to approve the Cinco de Mayo event at Las Palmas, Riverside Parkway, as requested, subject to the enforcement of any and all orders from Governor Kemp and the City of Rome that are in effect on May 5, 2021. Mr. Kendrick seconded the motion, and the vote was unanimously in favor. Alcohol Ordinance Amendment – Home Delivery of Alcohol As introduced at the February 15, 2021 ACC meeting, an ordinance amendment which would allow the City of Rome to opt-in to the State of Georgia’s Home Delivery of Alcohol program was discussed. House Bill 879, which was adopted and signed into law in 2020, authorized the home delivery of alcohol and other alcohol related amendments. Some of the particulars of the Home Delivery Program were discussed such as the responsibilities that are placed on the person actually making the physical delivery and the stipulation that all alcohol be paid for with the store before the delivery is made. Secretary Smith reported that he has not had requests from package or pouring establishments in the City of Rome for this option. After considerable discussion by the ACC members, the Commission decided to not take action on this ordinance amendment at this time. If there are requests for the ability to provide for the home delivery of alcohol in the future, the ACC may revisit this topic. Alcohol Ordinance Amendment – Sunday Package Sale Hours Secretary Smith stated that the City of Rome approved the Brunch Bill Referendum a few years ago, which allowed pouring establishments to begin pouring alcohol at 11 a.m. on Sunday. The State of Georgia now allows cities like Rome to implement Sunday Package Sale hours at 11 a.m. with the adoption of an ordinance (no need for an additional referendum). Currently, Sunday Package may begin at 12:30 p.m. The City Attorney’s office has prepared an ordinance amendment which would, if adopted, allow beer, wine, and liquor package sales to begin at 11 a.m. on Sunday. Mr. Cooper moved for the Alcohol Control Commission to recommend to the City Commission that this ordinance amendment be adopted. Mr. Morgan seconded, and the vote was unanimously in favor. Alcohol Ordinance Amendments – Debt/Obligation Payments As introduced at the February 15, 2021 ACC meeting, two alcohol ordinance amendments have been prepared related to debt or other financial obligations due to the City of Rome. These ordinances would require alcohol license holders and holders of Alcohol Sales Permits to resolve any debt or other financial obligation owed to the City 3 of Rome in order to acquire or renew these permissions. Alcohol licensees could also be stripped of their license during the year for failure to resolve an obligation of this nature. There was discussion regarding these topics by the ACC members, and concern was expressed that a person’s ability to earn a salary and the ability to repay an obligation would be removed by the denial or revocation of their alcohol license or alcohol sales permit. The ACC did not recommend adoption of either of these ordinances. Police Report Assistant Police Chief Debbie Burnett presented a police report for the previous 30-day period. There was one Broad Street arrest reviewed. This arrest did not involve any improper action by an alcohol establishment. Assistant Chief Burnett stated that a State of Georgia/City of Rome undercover investigation at 20 or so package establishments recently, resulted in two individuals being charged for furnishing alcohol to a person under 21 years of age. These two establishments were identified as the Calhoun EZ Mart, 618 Calhoun Avenue, NE, and the Maple Food Mart, 2017 Maple Avenue. Licensees of these two establishments will be directed to appear at a License Hearing at the April 19th ACC meeting. Adjourned With there being no further business, Chair Sheppard adjourned the meeting at 6 p.m. Joseph F. Smith City Clerk 4

Agenda

ALCOHOL CONTROL COMMISSION Monday, March 15, 2021 5:00 P.M. Live Meeting – City Hall, 601 Broad Street 1. Roll Call 2. Minutes – February 15, 2021 3. New Business: A) Issue a New Beer and Wine Package and Pouring License at Olea Olive Oil and Wines, 424 Broad St., Suite 100, to Elizabeth Kieler. B) Issue a New Beer Pouring License at the Shrimp Boat, 402 E. 2nd Ave., to Jeremy Duke. C) Issue a New Beer and Wine Package License at Gravity 1818, 1818 Redmond Circle, to Sherry Saudagar. 4. Other: A) Alcohol Sales Permit Appeal – Brandy Mathis B) Alcohol Ordinance Amendments – * 1) Home Delivery of Alcohol * 2) Sunday Package Sales – Hours * 3) Debt/Obligation Payment Requirement for Alcohol License Holders * 4) Debt/Obligation Payment Requirement for Alcohol Sales Permit Holders 5. Police Report: 6. Adjourn: Joseph F. Smith Secretary AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY TO AMEND CHAPTER 3, ARTICLE I THEREOF, BY ADOPTING A NEW SECTION 3-9 TO ALLOW FOR THE HOME DELIVERY OF ALCOHOLIC BEVERAGES BY LICENSEES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF STATE LAW; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, during its 2020 session, the Georgia General Assembly adopted House Bill No. 879, 2020 Ga. Laws 615-629, §§ 1-8, which among other things, allows alcohol licensees to make home deliveries of alcoholic beverages subject to certain terms and conditions; and WHEREAS, the Rome City Commission desires to permit the home delivery of alcoholic beverages within the City of Rome, provided that licensees strictly follow all the terms and conditions set forth in state and local law; NOW, THEREFORE, the Rome City Commission hereby adopts this Ordinance as follows: SECTION I: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article I, of the Code of the City of Rome, Georgia, is hereby amended by the adoption of the following Section 3-9, which shall be entitled “Home Deliveries of Alcoholic Beverages,” and which shall read as follows: Section 3-9. – Home Deliveries of Alcoholic Beverages. (a) For the purposes of this code section, “packaged goods retailer” shall have the same meaning as set forth in O.C.G.A. § 3-3-10. (b) Packaged goods retailers authorized to sell malt beverages for consumption off the premises under Article III of this Chapter shall be allowed to deliver malt beverages subject to all the terms and conditions within O.C.G.A. § 3-3-10. (c) Packaged goods retailers authorized to sell liquor for consumption off the premises under Article IV of this Chapter shall be allowed to deliver liquor subject to all the terms and conditions within O.C.G.A. § 3-3-10. (d) Packaged goods retailers authorized to sell wine for consumption off the premises under Article V of this Chapter shall be allowed to deliver wine subject to all the terms and conditions within O.C.G.A. § 3-3-10. (e) In addition to any authorization under state law, any person who has a license to pour malt beverages and wine for consumption on the premises under Article VI of this Chapter shall be allowed to deliver malt beverages and wine subject to all the terms and conditions within O.C.G.A. § 3-3-10. Any such licensee seeking to deliver malt beverages or wine must provide a letter of intent to the City Clerk at least ten (10) days before it commences such deliveries. It shall be a violation of this code section to commence delivering malt beverages or wine without providing a letter of intent as set forth herein. (f) For the purposes of this code section, the delivery of malt beverages, liquor, or wine must be to an address located within the city limits of the City of Rome. (g) For violations of the terms and conditions of O.C.G.A. § 3-3-10, the City of Rome may assess fines and suspend the right to deliver malt beverages, liquor, or wine. Any such fines or suspensions shall not exceed the fine amounts or number of suspension days set forth in O.C.G.A. § 3-3-10. Prior to issuing a fine or suspending a license, the city commission shall require a hearing, either before it or the alcohol control commission, in the same manner as set forth in sections 3-81, 3-183, 3-240, and 3-306. SECTION II: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ADOPTED, this ____ day of ____________________, 2021. CITY OF ROME, GEORGIA By: ______________________________ Craig McDaniel, Mayor Attest: ______________________________ Joe Smith, Secretary Rome City Commission AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY TO AMEND CHAPTER 3, ARTICLES III AND IV THEREOF, BY AMENDING SECTIONS 3-57 AND 3-137; TO PERMIT THE SALE OF MALT BEVERAGES, WINE, AND LIQUOR BY THE PACKAGE BEGINNING AT 11:00 A.M. ON SUNDAYS IN ACCORDANCE WITH STATE LAW; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the Georgia General Assembly adopted House Bill 879, 2020 Ga. Laws 615, 618, 619-621, § 2, which amended O.C.G.A. § 3-3-7 to allow cities and counties that are authorized by referendum to permit the sale of alcoholic beverages for consumption on the premises beginning at 11:00 a.m. on Sundays to adopt a resolution or ordinance to permit the sale of malt beverages, wine, and liquor by the package beginning at 11:00 a.m. on Sundays; and WHEREAS, the Rome City Commission has been authorized by referendum to permit the sale of alcoholic beverages by the package on Sundays; and WHEREAS, the Rome City Commission has been authorized by referendum to permit the sale of alcoholic beverages for consumption on the premises beginning at 11:00 a.m. on Sundays; and WHEREAS, the Rome City Commission desires to permit retailers to sell malt beverages, wine, and liquor by the package beginning at 11:00 a.m. on Sundays pursuant to the authority of O.C.G.A. § 3-3-7(q.1); and NOW, THEREFORE, the Rome City Commission hereby adopts this Ordinance as follows: SECTION I: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article III, Division 1, Section 3-57 of the Code of the City of Rome, Georgia, entitled “Package sales generally” is hereby amended by replacing sub-section (d) thereof as follows: (d) No sale of malt beverage by the package shall be allowed except between the hours of 6:00 a.m. and 1:30 a.m. on weekdays; except between the hours of 6:00 a.m. and midnight on Saturday; and except between the hours of 11:00 a.m. and 11:00 p.m. on Sunday, nor on other days prohibited by state law. SECTION II: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article IV, Division 1, Section 3-137 of the Code of the City of Rome, Georgia, entitled “General regulations” is hereby amended by replacing sub-section (e) thereof as follows: (e) No sale of liquor shall be allowed except between the hours of 9:00 a.m. and 11:00 p.m. on weekdays; except between the hours of 9:00 a.m. and 11:00 p.m. on Saturday; and except between the hours of 11:00 a.m. and 11:00 p.m. on Sunday, nor on other days prohibited by state law. SECTION III: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ADOPTED, this ____ day of ____________________, 2021. CITY OF ROME, GEORGIA By: ______________________________ Craig McDaniel, Mayor Attest: ______________________________ Joe Smith, Secretary Rome City Commission AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY TO AMEND CHAPTER 3, ARTICLES I AND II THEREOF, BY ADOPTING NEW SECTIONS 3-7 AND 3-8, AND BY AMENDING SECTION 3-33; TO REQUIRE PAYMENT OF ALL DEBTS OR OBLIGATIONS TO THE CITY OF ROME PRIOR TO THE ISSUANCE OR RENEWAL OF AN ALCOHOL LICENSE; TO PERMIT THE SUSPENSION OF AN ALCOHOL LICENSE FOR FAILURE TO PAY DEBTS OR OBLIGATIONS TO THE CITY; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the Rome City Commission finds it to be in the public interest and welfare to require all applicants for alcohol licenses and current licensees to timely pay any and all debts and obligations owed to the City of Rome, Georgia to be eligible to receive, renew, or hold an alcohol license; and WHEREAS, the City of Rome, within its inherent authority to regulate the sale of alcohol within the limits of the City, has the ability to require payment of debts and obligations by alcohol licensees for the privilege of acquiring or maintaining an alcohol license; NOW, THEREFORE, the Rome City Commission hereby adopts this Ordinance as follows: SECTION I: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article I, of the Code of the City of Rome, Georgia, is hereby amended by the adoption of the following Section 3-7, which shall be entitled “Overdue Debts or Obligations to the City of Rome,” and which shall read as follows: Sec. 3-7. – Overdue Debts or Obligations to the City of Rome. (a) No person shall be issued a license to sell or manufacture alcoholic beverages, whether by the package or for consumption on the premises, if that person has any overdue debt or obligation to the City of Rome. Notwithstanding any other provision of this Chapter, having an overdue debt or obligation to the City of Rome shall be sufficient grounds for denial of a license application. (b) No person shall be entitled to renewal of his or her license to sell or manufacture alcoholic beverages, whether by the package or for consumption on the premises, if that person has any overdue debt or obligation to the City of Rome. Notwithstanding any other provision of this Chapter, having an overdue debt or obligation to the City of Rome shall be sufficient grounds to deny the renewal of a license. (c) If a person accumulates $1,000.00 or more of overdue debts and obligations to the City of Rome, whether due to a single debt or obligation or several, his or her alcohol license may be automatically suspended as described in section 3-8. Unless and until the licensee completely pays or satisfies the overdue debt(s) or obligation(s) to the City of Rome, the license shall remain suspended until its expiration. (d) For the purposes of this Article, a “debt” or “obligation” shall mean any payment that a licensee is required to make to the City of Rome, whether such payment be imposed under the laws of the State of Georgia, the Code of the City of Rome, any ordinance or resolution of the City of Rome, any federal, state, or local law, rule, or regulation, or any contract or agreement between the City of Rome and the licensee. This term shall include, but not necessarily be limited to, fees, fines, civil penalties, excise taxes, occupational taxes, and utility bills. (e) For the purposes of this Article, a debt or obligation shall be “overdue” when it is not completely paid or satisfied by the deadline set forth within the laws of the State of Georgia, the Code of the City of Rome, any ordinance or resolution of the City of Rome, any federal, state, or local law, rule, or regulation, the order or judgment of any court or other tribunal of competent jurisdiction, any demand for payment based upon a final adjudication in a court or other tribunal of competent jurisdiction, or any contract or agreement between the City of Rome and the licensee. (f) This code section shall be construed to apply to any license for the sale (at retail or wholesale) of alcoholic beverages or the manufacture thereof, including licenses for the sale or manufacture of malt beverages as described in Article III of this Chapter, licenses for the sale or manufacture of liquor as described in Article IV of this Chapter, licenses for the sale or storage of wine as described in Article V of this Chapter, and licenses for the sale of malt beverages, liquor, or wine for consumption on the premises as described in Article VI of this Chapter. (g) This code section shall not be construed to provide an exclusive remedy for an overdue debt or obligation, and the City of Rome may pursue any other administrative, legal, or equitable remedies available under this Code and the laws of the State of Georgia to recoup or recover any overdue debt or obligation. SECTION II: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article I, of the Code of the City of Rome, Georgia, is hereby amended by the adoption of the following Section 3-8, which shall be entitled “Notice of Overdue Debt or Obligation; Suspension of License; Hearing,” and which shall read as follows: Section 3-8. – Notice of Overdue Debt or Obligation; Suspension of License; Hearing. (a) Written notice of overdue debt or obligation. If an alcohol licensee accumulates overdue debts or obligations to the City of Rome totaling $1,000.00 or more, then the City Clerk, or a person authorized by the City Clerk, may mail written notice to said licensee at the licensee’s last-known address, or may provide written notice through any other means reasonably calculated to provide sufficient notice to the licensee, which contains the following information: (1) The licensee has an overdue debt or obligation to the City of Rome; (2) The total amount of the overdue debt or obligation as of the date of the notice; (3) The type or source of each overdue debt or obligation constituting the total amount; (4) Failure to pay the overdue debt or obligation within fourteen (14) days of the notice shall cause the licensee’s alcohol license to be automatically suspended; and (5) The licensee may request a hearing before the alcohol control commission on whether the suspension is proper. (b) Request for hearing. A licensee may request a hearing before the alcohol control commission regarding the pending suspension of his or her alcohol license for overdue debts or obligations. The licensee must request such a hearing by submitting a written request to the City Clerk within fourteen (14) days from the date of the notice. Upon scheduling the hearing, the City Clerk, or a person authorized by the City Clerk, shall provide notice to the licensee of the date, time, and place of the hearing at least five (5) days before the hearing. The suspension of the license shall be stayed until the conclusion of the hearing before the alcohol control commission and the alcohol control commission’s determination on the issue(s) presented. (c) Hearing before the alcohol control commission. At a hearing before the alcohol control commission, the licensee must show, by a preponderance of the evidence, that suspension for an overdue debt or obligation is improper because: (1) All overdue debts or obligations are no longer outstanding and have been completely paid or satisfied; (2) None of the debts or obligations are overdue pursuant to the applicable law, applicable contractual terms, or applicable order, judgment, or adjudication of a proper court or tribunal; or (3) The factual basis for suspension of the license for an overdue debt or obligation is not true and correct or is substantially inaccurate in all relevant and material aspects. The hearing before the alcohol control commission shall be solely for the limited purpose of determining whether to suspend a license, and the alcohol control commission shall not have the authority or purview to determine the sufficiency of the underlying debt or obligation. A finding that a specific debt or obligation is not overdue shall not serve to make a suspension improper if there are other debts or obligations listed in the written notice to the licensee that are overdue. (d) Suspension after a hearing. If the licensee fails to meet his or her burden as set forth herein, then the alcohol control commission must affirm the suspension of the license, and the suspension shall become effective immediately upon the conclusion of the hearing and the alcohol control commission’s affirmance. SECTION III: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article II, Section 3-33 of the Code of the City of Rome, Georgia, entitled “Powers and duties” is hereby amended by adding a new sub-section (11) thereto, which shall read as follows: (11) Hearings on overdue debts or obligations. To hold a hearing on the proposed suspension of a license for failure to pay an overdue debt or obligation as described in section 3-8. SECTION IV: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ADOPTED, this ____ day of ____________________, 2021. CITY OF ROME, GEORGIA By: ______________________________ Craig McDaniel, Mayor Attest: ______________________________ Joe Smith, Secretary Rome City Commission AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ROME, GEORGIA, AND PARTICULARLY TO AMEND CHAPTER 3, ARTICLE II THEREOF, BY AMENDING SECTION 3-34; TO REQUIRE PAYMENT OF ALL DEBTS OR OBLIGATIONS TO THE CITY OF ROME PRIOR TO THE ISSUANCE OR RENEWAL OF AN ALCOHOL SALES PERMIT; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, the Rome City Commission finds it to be in the public interest and welfare to require all applicants for alcohol sales permits and current permitees to timely pay any and all debts and obligations owed to the City of Rome, Georgia to be eligible to receive or renew an alcohol sales permit; and WHEREAS, the City of Rome, within its inherent authority to regulate the sale of alcohol within the limits of the City, has the ability to require payment of debts and obligations by alcohol sales permitees for the privilege of acquiring or maintaining an alcohol sales permit; NOW, THEREFORE, the Rome City Commission hereby adopts this Ordinance as follows: SECTION I: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that Chapter 3, Article II, Section 3-34 of the Code of the City of Rome, Georgia, entitled “Wearing of alcohol sales permits; application to alcohol control commission; fingerprinting, photographing and other investigation by the police department; employment of person without card; expiration on employee's birthday,” is hereby amended by revising sub-section (d) thereto, which shall read as follows: (d) The City of Rome police department shall review the application and investigate permit applicants. The police department shall issue and renew an alcohol sales permit to applicants who complete the necessary applications and paid the applicable fees, unless the applicant: (1) Has been convicted of or pled guilty to any state or federal felony offense involving violence within the preceding ten years of the application date; (2) Has been convicted of or pled guilty to any state or federal felony offense within the preceding three years; (3) Has been convicted of or pled guilty to any state or federal misdemeanor offense involving forgery, identity theft, credit card fraud or theft within the preceding three years; (4) Has been convicted or pled guilty to two or more offenses of selling, serving or providing alcohol to a minor within a twelve-month period, provided that the most recent conviction or guilty plea occurred within the preceding 12 months; (5) Is ineligible to serve or sell alcohol under the laws of the State of Georgia, or has an overdue debt or obligation to the City of Rome as described in article I, section 3-7 of this chapter. SECTION II: BE IT ORDAINED by the Rome City Commission, and it is ordained by authority of the same, that all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. ADOPTED, this ____ day of ____________________, 2021. CITY OF ROME, GEORGIA By: ______________________________ Craig McDaniel, Mayor Attest: ______________________________ Joe Smith, Secretary Rome City Commission

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