Ga. Comp. R. & Regs. R. 560-2-2-.02 - Licensing Qualifications
(1) No Person shall
manufacture, distribute, sell, handle, possess for sale, or otherwise deal in
Alcoholic Beverages or non-beverage Alcohol without first obtaining all
applicable licenses required by the Act and these regulations.
(2) Every Person applying for a state
license, permit, or registration to deal in Alcoholic Beverages shall make
application on forms through the Georgia Tax Center, accessible through the
Department's website, or in any other manner prescribed by the Commissioner,
and under oath shall answer all questions, supply all information and
statements (including information regarding applicant's employees and all
Persons with a beneficial interest in the applicant), furnish all certificates,
affidavits, bonds and other supporting data or documents as reasonably required
by the Commissioner.
(a) All license
applications under these regulations shall be a permanent record.
(b) Willful failure to furnish the Department
with any of the information required by these regulations or by law shall
constitute grounds for denial or revocation of a license.
(3) Applications for a state license, permit,
or registration shall state the identical name and address of the applicant as
stated in the application for a license required by local governing
authorities.
(a) Every license shall specify
the premises where the Licensee shall have its Place of Business and such
location shall not be changed during the term of the license.
(b) Any Fraternal Organization shall be
permitted to apply for a license in the name of any qualified officer or member
of such organization.
(c) Any legal
entity, including but not limited to, all partnerships, limited liability
companies, domestic or foreign corporations, lawfully registered and doing
business under the laws of Georgia or the laws of another state and authorized
by the Secretary of State to do business in Georgia which seeks to obtain an
Alcoholic Beverage or non-beverage Alcohol license may be permitted to apply
for a license in the name of the legal entity as it is registered in the Office
of the Secretary of State of Georgia. Notwithstanding the foregoing, however:
1. In its application for an Alcoholic
Beverage or non-beverage Alcohol license, the legal entity shall provide the
Commissioner with the name and address of its agent authorized to receive
service of process under the laws of Georgia, together with a listing of its
current officers and their respective addresses.
2. Any change in the status of the Licensee's
registered agent, including but not limited to, change of address, or name,
shall be reported to the Commissioner within five (5) days of such
occurrence.
3. In the event that a
legal entity fails to appoint or maintain a registered agent in Georgia as
required by law, or whenever its registered agent cannot with due diligence be
found at the registered office of the corporation as designated in its
application for license, the Commissioner shall be appointed agent to receive
any citation for violation of these regulations.
4. Process may be served upon the
Commissioner by leaving with the Commissioner duplicate copies of such
citations.
5. In the event that the
notice of citation is served upon the Commissioner or one of the Commissioner's
designated agents, the Commissioner shall immediately forward one of the copies
to the corporation at its registered office.
6. Any service made upon the Commissioner
shall be answerable within thirty (30) days.
7. The Commissioner shall keep a record of
all citations served upon the Commissioner under this Regulation, and shall
record the time of service and the disposition of that service.
(4) The state license
issued shall be valid for the calendar year indicated; provided that:
(a) The Licensee is actively engaged in
business; and
(b) If applicable,
has a valid county or municipal license.
(5) In the event a Licensee ceases to be
actively engaged in business, or if a Licensee's local license becomes invalid
in any way, the state license shall be invalid and the Licensee of that
business shall immediately notify and return the state license to the
Department.
(a) Any license issued to a
Retailer after November 1, 2023 by a local licensing jurisdiction that does not
conform with the requirements of O.C.G.A. §
3-2-7.1 shall be deemed an invalid
license until the local licensing jurisdiction satisfies the requirements of
O.C.G.A. §
3-2-7.1 and, until such
requirements are met, no state license shall be issued to any such
Retailer.
(6) No alcohol
license application will be granted where it would violate any Department
regulations or other laws of the State of Georgia.
(7) A Licensee that desires to continue in
business during the next calendar year must make a new application for that
year on or before November 1 of the preceding year.
(8) Any untrue, misleading, or omitted
statement or information contained in an application shall be cause for denial
and, if any license has been granted, shall be cause for its
revocation.
(9) The failure of any
applicant, or failure of any Person, firm, corporation, legal entity, or
organization having any interest in any operation for which an application has
been submitted, to meet any obligations imposed by the tax laws or other law or
regulation of Georgia shall be grounds for denial of the license, permit or
registration for which an application is made.
(10) To protect the public interest or
welfare, no license to sell Alcoholic Beverages of any kind shall be issued by
the Commissioner to:
(a) Any person as
determined by the Commissioner, who, by reason of that person's business
experience, financial standing, trade associations, personal associations,
records of arrests, or reputation in any community in which the person has
resided, is not likely to maintain the operation for which the person is
seeking a license in conformity with federal, state or local laws;
(b) Any person convicted of a felony who
served any part of a criminal sentence, including probation, within the ten
(10) years immediately preceding the date of receipt of submission of the
application; or
(c) Any person who
has been convicted of a misdemeanor who served any part of a criminal sentence,
including probation, within the five (5) years immediately preceding the date
of receipt of submission of the application.
(11) The Commissioner may decline to issue a
state license to a person for the operation of a Place of Business when any
person having any interest in the operation of that Place of Business or
control over such Place of Business does not meet the same requirements as set
forth in these regulations for the Licensee.
(12) If the Commissioner has reason to
believe that the applicant is not entitled to the license for which the
applicant has applied, the Commissioner shall notify the applicant in writing.
(a) The applicant shall have fifteen (15)
days from the date of the notice to request, in writing, a hearing on the
application.
(b) Upon receipt of
applicant's written request, the Commissioner shall provide the applicant with
due notice and opportunity for a hearing on the application pursuant to Subject
560-2-16.
(c) If the Commissioner,
after providing notice and an opportunity for a hearing, finds the applicant is
not entitled to a license, the applicant shall be advised in writing of the
findings upon which that denial is based.
(13) In order to ensure correspondence is
timely received, any change to an applicant's or licensee's contact information
including, but not limited to, a change of mailing address, email address, or
telephone number, shall be updated via the Georgia Tax Center, or in any other
manner prescribed by the Commissioner, within five (5) days of such
change.
Notes
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