§ 8-143. Employee regulations.

(a)

The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises:

(1)

No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or in any managerial position, by an establishment holding a license hereunder until such person:

a.

Demonstrates he is a certified alcohol awareness server having completed Servsafe, "Training for Intervention Procedures for Servers of Alcohol" (TIPS) or any other comparable program as approved by the city clerk; and

b.

Such person has been fingerprinted or cleared by the Flowery Branch Police Department, indicating that the person is eligible for such permit.

(2)

No person shall be granted a pouring permit unless it appears to the satisfaction of the Flowery Branch Police Department that such person has not been convicted or plead guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession or sale of controlled substances or the illegal sale or possession of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law, driving under the influence of alcohol and/or drugs within a period of five years immediately prior to such application, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of five years of the date of conviction and has been released from parole or probation. A person's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a city ordinance shall not, by itself, make a person ineligible for an alcohol pouring permit.

(3)

No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit.

(4)

For purposes of this section, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendants were allowed to avail themselves of the Georgia First Offender Act (O.C.G.A. title 42, ch. 8, art. 3, O.C.G.A. § 42-8-60 et seq.). Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender.

(b)

No permit shall be issued until such time as a signed application has been filed with the Flowery Branch Police Department and upon paying a fee which shall be established by resolution of the city council and a search of the criminal record of the applicant completed. Said application shall include, but shall not be limited to, the name, date of birth, and prior arrest record of the applicant, though the fact of an arrest record shall be used for investigative purposes only, and shall give rise to no presumption or inference of guilt. Due to the inclusion of arrest information, these applications shall not be produced for public inspection without a court order.

(c)

The Flowery Branch Police Department shall have a complete and exhaustive search made relative to any police record of the person fingerprinted or cleared. In the event there is no record of a violation of this chapter, the Flowery Branch Police Department shall issue a permit to the employee, stating that the person is eligible for employment. If it is found that the person fingerprinted or cleared is not eligible for employment, the Flowery Branch Police Department shall notify the employer that this person is not eligible for employment, the cause of such denial and their right to appeal.

(d)

It shall be the duty of all persons holding any license to serve or sell alcoholic beverages to file with the city clerk the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers quarterly, on or before April 1, on or before July 1, on or before October 1 and with the December 1 annual renewal.

(e)

All permits issued through administrative error or through an error in completion of a background investigation can be terminated by the Flowery Branch Police Department.

(f)

This section shall not be construed to include employees whose duties are limited solely to those of busboy, cook or dishwasher.

(g)

No licensee shall allow any employee required to hold a permit to work on the licensed premises unless the licensee has on file, on the premises, the current, valid permit of each such employee.

(h)

In the event that any permit holder leaves the employ of a licensed establishment, the licensee shall immediately surrender the permit to the Flowery Branch Police Department.

(i)

All permits issued hereunder remain the property of the city and shall be produced for inspection upon the demand of the city clerk or Flowery Branch Police Department.

(j)

Separate permits shall be required by the city clerk for each employee working in more than one establishment serving alcoholic beverages.

(k)

No person shall be issued a permit if it is determined that the person knowingly and willfully falsified, concealed or covered up any material fact by any device, trick, or scheme while making application for an alcoholic beverage pouring permit under this section.

(l)

This applies only to establishments holding a consumption on the premises license as outlined in this chapter:

(1)

Each licensed establishment is required to have all servers be certified as "alcohol awareness servers." Each server's certificate will be kept on site for review by any police officer, code enforcement officer or city clerk posted in plain view to the public along with the license to operate the establishment.

(2)

Each establishment will provide the city clerk of the city a list of all servers that are employed and the certificate number of each "alcohol awareness server." This list is to be received no later than 60 days from receipt of license to operate and in conjunction with the renewal application.

(m)

An alcohol pouring permit shall be issued for a period of one calendar year from the date of the original application. Once received the alcohol awareness server certification is valid for three years from the date listed on the certificate. The alcohol pouring permit must be in the possession of the employee while the employee is working at the licensed establishment. This permit must be in the possession of the employee while the pouring permit holder is working and available for inspection by the city clerk or his designee.

( Ord. No. 504A, Exh. A, 5-18-2017 )