The
Permits Unit of the Clayton County Police Department works under
the supervision of the Special
Services Division. The Permits Unit is responsible for issuing
Alcohol Permits, Massage Therapist Permits, Fortunetelling Permits,
Taxi Driver Permits and Door to Door Solicitation Permits for
employees who wish to work at establishments in unincorporated
Clayton County where such a permit is required by Clayton County
Ordinance. The Permits Unit receives and reviews applications,
conducts background checks on applicants and issues permits Monday
- Friday from 8:00 AM until 4:00 PM and is located on the main
level of police headquarters at 7911 N. McDonough Street, Jonesboro,
Georgia 30236. To allow for adequate time to process permits,
applications for new permits will not be accepted after 3:30 PM.
FEE SCHEDULE*:
$20 - Alcohol Permit
$30 - Massage Therapist Permit
$30 - Fortunetelling Permit
$30 - Taxi Driver Permit
$30 - Door to Door Solicitation Permit
*
Although these fees apply for the application of permits, additional
fees charged by Community Development apply prior to receipt of
permits.
| Alcohol
Permits - Fee $20 |
The following Clayton County Ordinance pertains to the requirement
and issuance of permits for employees who work at establishments
which serve alcoholic beverages and who wish to serve alcoholic
beverages:
Sec. 6-135. Permit required to take order
for, dispense, sell, serve, or deliver alcohol by the drink; display
of permit; background check and fees; restrictions; penalty; penalty
imposed on business.
(a) No employee of a business with a retail consumption dealer's
license shall take an order for, dispense, sell, serve, or deliver
an alcoholic beverage without first obtaining an alcoholic beverage
server permit issued by the county police department.
(b) Any employee of a business with a retail consumption dealer's
license who takes an order for, dispenses, sells, serves, or delivers
alcoholic beverages must display on his or her outer clothing
a valid alcoholic beverage server permit.
(c) Prior to issuing an alcoholic beverage server permit, the
police department shall conduct a background check on the applicant
and shall collect a non-refundable investigative fee of $20.00
from the applicant to offset the cost of this background check.
A regulatory fee shall be due at the time of issuance or renewal
of a permit; the 12-month permit fee for an alcoholic beverage
server shall be $15.00. The permit is issued to the applicant
and is to remain in the applicant's possession until it expires
or is destroyed by the applicant. A lost or stolen alcoholic beverage
server permit must be reported immediately to the Clayton County
Police Department.
(d) In addition to the restrictions imposed in subsection 6-131(a),
no alcoholic beverage server permit shall be issued to any person
who has been convicted of more than one D.U.I. offense within
two years of the date of the application for said permit; or,
who has been convicted of a felony or misdemeanor crime of moral
turpitude or as an habitual violator within five years of the
date of the application for said permit. For purposes of this
subsection, a conviction shall include a finding or verdict of
guilty, a plea of guilty, or a plea of nolo contendere, in a criminal
proceeding.
(e) Any violation of subsection (a) or subsection (b) of this
section shall be punished as provided in section 1-12. (f) Any
business with a retail consumption dealer's license that allows
an employee to violate this section or that allows a person without
a valid alcoholic beverage server permit to take an order for,
dispense, sell, serve, or deliver an alcoholic beverage shall
be punished by a fine at the discretion of the trial judge for
each separate violation. It shall be prima facie evidence of a
violation of this section for a law enforcement officer or employee
authorized by the director of community development to inspect
businesses to observe a person without a valid alcoholic beverage
server permit take an order for, dispense, sell, serve, or deliver
an alcoholic beverage or a person who is taking an order for,
dispensing, selling, serving, or delivering alcohol without a
valid alcoholic beverage server permit displayed on his or her
outer clothing.
(Ord. No. 2006-114, §§ 1, 2, 8-15-06; Ord. No. 2006-200, § 2,
12-19-06).
| Massage
Therapist Permits - Fee $30 |
The
following Clayton County Ordinances pertain to the operation of
Massage Parlors and the issuance of permits for employees of Massage
Parlors:
Sec. 22-116. Findings; public purpose.
Based upon the experiences of other urban counties and municipalities
within the Atlanta metropolitan area, which experiences are relevant
to the problems encountered by the county, and based upon the
evidence and testimony of certain citizens of the county, the
board of commissioners takes note of the notorious and self-evident
conditions attendant to certain establishments offering massage
treatment and related services. Moreover, it is the findings of
the board of commissioners that, under certain circumstances,
the provision of unregulated massage services may beget criminal
behavior and tend to create undesirable community conditions.
Furthermore, where such resulting illicit or illegal activities
are present, they have a deleterious effect upon the quality of
life in neighborhoods, commercial districts and urban life in
general. Accordingly, the board of commissioners deems it in the
best interest of the health, welfare, safety and morals of the
county to reduce the adverse impact of certain undesirablemassage
therapists and massage establishments by providing reasonable
regulations pertinent to their operation. To this end, this article
is hereby adopted.
(Ord. No. 93-4, § II(2-16-126), 2-16-93)
Sec. 22-117. Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning: Employee
means any person at least 18 years of age who renders any service
in connection with the operation of a massage establishment and
receives compensation from the operator of such establishment.
Licensee means any person to whom a license has
been issued to practice massage, or operate a massage establishment.
Massage or massage services means the manipulation
of soft tissue for therapeutic purposes and includes, but is not
limited to, effleurage (stroking skin without going deep), petrissage
(kneading movement by lifting and grasping), tapotement (brisk
blows in rapid alternating fashion), compression, vibration, friction,
nerve strokes and other movements, whether by hand or with mechanical
or electrical apparatus for the purpose of muscular massage. This
may include the use of oil, salt glows, hot and cold pack and
other recognized forms of massage therapy.
Massage establishment means any establishment where
one or more massage therapist provides massage services for money
or similar consideration, and which constitutes a fixed place
of business for any person to engage in any of the activities
defined as "massage." A "massage establishment" includes, but
is not limited to, a massage parlor, health garden, oriental clinic,
spas, or any other establishment wherein massage or related services
are rendered.
Massage therapist means any person engaged in the
practice of "massage."
Physical therapist means a person licensed by the
state to practice physical therapy as defined by O.C.G.A. § 43-33-3.
(Ord. No. 93-4, § II(2-16-127), 2-16-93) Cross references: Definitions
generally, § 1-2.
Sec. 22-118. Operating requirements.
(a) Every portion of a massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary
condition.
(b) Price rates for all services rendered shall be prominently
posted in the reception area in a location available to all prospective
clientele.
(c) All employees shall practice prudent hygiene and wear clean,
nontransparent outer garments. A separate dressing room for each
sex must be available on the premises.
(d) All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity as required in the business'
normal operation and shall be laundered after each use thereof
and stored in a sanitary manner.
(e) Nothing contained in this section shall be construed to eliminate
other requirements of any statute or ordinance governing the maintenance
of premises, nor to preclude authorized inspection thereof, whenever
such inspection is deemed necessary by appropriate department
officials.
(f) Hours. No massage establishment shall be kept open for any
purpose between the hours of 10:00 p.m. and 8:00 a.m.
(g) Licensed massage therapist. No massage establishment shall
be kept open for any purpose unless there is a licensed massage
therapist present on the premises and available for service.
(h) Duty to actively supervise and monitor. It shall be the duty
of the licensee establishment to actively supervise and monitor
the conduct of any and all employees, independent contractors,
customers, and all other persons on the premises in order to assure
compliance with the provisions of this article.
(Ord. No. 93-4, § II(2-16-132), 2-16-93; Ord. No. 2004-72, § 1,
5-18-04)
Sec. 22-119. Training permits; permit
fees.
(a) The department may issue a training permit to an unlicensed
trainee who is at least 18 years of age and is currently, or will
be in the immediate future, enrolled in an educational program
or course of study as required under section 22-137(a)(1), or
preparing to sit for the examination as required under section
22-137(a)(2).
(b) A training permit shall allow the holder thereof to work only
under the direct supervision of a person licensed under this article
who has worked as a massage therapist for a period of not less
than one continuous year prior to assuming the supervisory role.
(c) The training permit issued pursuant to this section shall
be valid up to six months or expire immediately upon the securing
of a license granted under the provisions of this article.
(d) A training permit may be subject to renewal, at the discretion
of the department, when good and sufficient cause is shown. However,
in any event, the training permit may not be renewed more than
one time and a failure to timely satisfy the educational or experience
requirements is not deemed to be good and sufficient cause.
(e) The permit fee for an apprentice or trainee shall be $50.00
per year.
(Ord. No. 93-4, § II(2-16-134), 2-16-93)
Sec. 22-120. Persons under 18 years of age.
(a) It shall be unlawful for a licensee to provide massage services
to any person under the age of 18 years unless such person has
with him at the time of such patronage a written order from an
appropriate practitioner of the healing arts directing that the
treatment is to be given.
(b) It shall be the duty of the licensee to determine the age
of the person patronizing such establishment, and a violation
of this section shall be grounds for revocation of the license
of such licensee.
(Ord. No. 93-4, § II(2-16-135), 2-16-93)
Sec. 22-121. Alcoholic beverages prohibited.
No person shall sell, give, dispense, provide or keep, or cause
to be sold, given, dispensed, provided or kept, any alcoholic
beverage on the premises of any massage establishment.
(Ord. No. 93-4, § II(2-16-136), 2-16-93)
Sec. 22-122. Inspection required.
The department and the police department, their respective authorized
agents or employees shall be authorized from time to time to make
inspections during regular business hours of each massage establishment
for the purpose of determining that state law and the provisions
of this article are fully complied with. It shall be unlawful
for any licensee under this article to fail to allow such county
department officers and officials access to the premises or to
hinder the officer or official in any manner.
(Ord. No. 93-4, § II(2-16-137), 2-16-93)
Sec. 22-123. Unlicensed practice as constituting
public nuisance; injunctions.
The provision of massage services and the operation of a massage
establishment is declared to be an activity affecting the public
interest and involving the health, safety, and welfare of the
public. Such provision of services and operation by a person who
is not licensed, or otherwise authorized, is declared to be a
public nuisance, harmful to the public health, safety, and welfare.
The department, or any person or organization having an interest
therein may bring a petition to restrain or enjoin such unlicensed
practice in a court of competent jurisdiction. It shall not be
necessary in order to obtain an injunction under this article
to allege or prove that there is no adequate remedy at all, or
to allege or prove any special injury.
(Ord. No. 93-4, § II(2-16-139), 2-16-93)
Sec. 22-124. Exemptions.
This division shall not apply to the following individuals while
engaged in the personal performance of the duties required of
their respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths, and other
licensed practitioners of the healing arts;
(2) Nurses who are registered under the laws of this state;
(3) Barbers and beauticians who are duly licensed under the laws
of this state, except that this exemption shall apply solely to
the massaging of the neck, face, scalp, and hair of the customer
or client for cosmetic or beautification purposes; and
(4) Physical therapists licensed under the laws of this state.
(Ord. No. 93-4, § II(2-16-129), 2-16-93)
| Fortunetelling
Permits - Fee $30 |
The
following Clayton County Ordinances pertain to the operation of
establishments of fortunetelling, phrenology, astrology, clairvoyance,
palmistry, or similar practice:
Sec. 22-800. Required.
(a) No person shall operate an establishment within unincorporated
Clayton County engaged in the business, trade or profession of
fortunetelling, phrenology, astrology, clairvoyance, palmistry,
or other business or practice of similar kind or nature in which
the future of any person is foretold or revealed, or attempted
or purported to be foretold or revealed, where a charge is made
or a donation accepted for such services, [hereafter in this article
referred to as "fortunetelling"] unless the owner or principal
of such establishment shall have first obtained and shall then
have in force a business license issued under the provisions of
this article.
(b) Said business shall comply with all provisions of this chapter
as well as those provisions set out in this article.
(c) No employee, as defined in section 22-809, of such an establishment
shall perform any fortunetelling service within unincorporated
Clayton County unless the same first shall have obtained and shall
have then in force a permit issued under the provisions of this
article.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-801. Fortunetelling permit application
generally.
(a) Scope. No person shall perform any fortunetelling in unincorporated
Clayton County without first having obtained a permit to do so.
(b) Required; contents. Any person desiring a permit shall make
written application to the Director of Clayton County Community
Development (hereinafter referred to as "the director"). The application
shall give the date of birth and home address of the applicant,
shall state whether he or she has ever been convicted of any offense
specified in section 22-807, and if so, he or she shall furnish
a complete and detailed statement of those convictions.
(c) Photographs to be filed. Photographs of all applicants shall
be taken by the Clayton County Police Department.
(d) Qualifications of applicant. No permit shall be granted unless
the applicant is at least 18 years of age.
(e) Fees. An investigative fee of $30.00 shall be paid to Clayton
County by each applicant for a fortunetelling permit at the time
his or her original application is filed and upon any application
for renewal or for replacement of a permit. A regulatory annual
fee shall be due at the time of issuance or renewal of licenses
or permits; the annual license fee for a fortunetelling establishment
shall be $500.00 and the annual permit fee for a fortunetelling
permit shall be $50.00.
(f) Renewal. Each permit set forth above shall be renewed annually
on or before March 31.
(g) Certification. Any person applying for a permit shall certify
that he or she has been furnished by Clayton County Community
Development a copy of this article and shall certify that he or
she has read said article and agrees to abide by the provisions
of said article.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-802. Police investigation of
applicant.
The police department shall conduct an investigation of each applicant
for a fortunetelling establishment license or a fortunetelling
permit and a report of such investigation and a copy of the criminal
record of the applicant, if any, shall be attached to the application
to Clayton County Community Development.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-803. Consideration of application.
If the application referred to in this article is rejected, the
applicant may appeal that decision to the director.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-804. Issuance of permit; display
of photograph.
(a) Upon approval of an application for a fortunetelling permit,
Clayton County Community Development shall issue a permit and
a badge to the applicant, which shall contain the name, address,
sec, [sex], date of birth, the fortunetelling establishment by
which he or she is employed, a picture of the fortuneteller, the
expiration date of the permit, and an identifying number.
(b) No permit shall be issued unless the fortuneteller has a valid
social security number and, if a non-citizen, a valid work permit.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-805. Display.
Every fortuneteller granted a permit under this article shall
post his or her permit in such a place as to be in full view of
all customers upon entry into the fortunetelling establishment.
Also, during all times of performing as a fortuneteller, the fortuneteller
shall wear on his or her person, in full view of customers, his
or her badge.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-806. Permit and badge not transferable.
No permit or badge shall be transferred and any permit to perform
fortunetelling services issued under this article shall be valid
only when the person issued the permit is performing services
within the fortunetelling establishment shown on the permit.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-807. Convictions which bar issuance
of fortunetelling permit.
(a) For the purpose of this section, a conviction shall include
a finding or verdict of guilty, plea of guilty, or a plea of nolo
contendere in a criminal proceeding regardless of whether the
adjudication of guilt or sentence is withheld or not entered thereon
pursuant to provisions of O.C.G.A. §§ 42-8-60 through 42-8-64,
relating to first offenders, or any comparable rule or statute.
(b) No permit shall be issued if the applicant has been convicted
of any of the following offenses: (1) Perjury or false swearing
in making any statement under oath in connection with his or her
application for a permit. (2) Conviction of the violation of any
law involving violence, theft or any form of stealing or deceptive
practice, or any crime involving moral turpitude, that is reasonably
related to the permit referred to herein, within five years preceding
the filing of the application for this permit, or for whom any
outstanding warrant exists on which service has not been perfected
for any of the above violations.
(Ord. No. 06-142, § 1, 10-3-06)
Sec. 22-808. Revocation and restoration.
(a) Grounds. The director may, in his or her discretion, revoke
or suspend for a definite or an indefinite period any fortunetelling
permit granted under the provisions of this article whenever any
Clayton County Police Department Officer, Clayton County Sheriff's
Deputy, or Inspector of Clayton County Community Development has
provided to the director a sworn affidavit based on the affiant's
personal knowledge that the holder of the permit has violated
any of the provisions of this article.
(b) Notice. Prior to the effective date of any suspension or revocation
as set forth in subsection (a) above, it shall be the duty of
the director to notify in writing any person holding a permit
that the director has grounds for the revocation or suspension
of his or her permit, attaching a copy of the affidavit required
in subsection (a) above, and further notifying the permit holder
that he or she shall, within a period of five days, appear for
a hearing before the director pursuant to the provisions of section
22-34 of the Code of Clayton County, Georgia, for licensees. The
attached copy of said affidavit shall serve as notice of the grounds
upon which the proposed revocation or suspension is predicated.
The notice shall further advise the holder of the permit that
his or her failure to appear at the scheduled hearing shall result
in the revocation and suspension of his or her permit. The notice
shall be mailed to the last known address of the holder of the
permit as it appears from the files of Clayton County, and it
shall state the date, time, and place of the hearing before the
director. The scheduled hearing shall be the only opportunity
for the holder of the permit to be heard as to any reason why
the revocation or suspension of the permit shall not be final,
subject to the right of appeal as provided for in the aforesaid
section 22-34.
| Taxi
Driver Permits - Fee $30 |
The
following Clayton County Ordinances pertain to the operation of
taxi cabs in Clayton County:
Sec. 22-461. Required.
No person shall operate a taxicab for hire upon the streets of
Clayton County unless the driver of such taxicab shall have first
obtained and shall then have in force a taxicab driver's permit
issued under the provisions of this article; also, no person who
owns or controls a taxicab shall permit it to be so driven unless
the driver of such taxicab shall have first obtained and shall
then have in force a taxicab driver's permit issued under the
provisions of this article; no taxicab permitted by Clayton County
shall be so driven at any time for hire unless the driver of such
taxicab shall have first obtained and shall then have in force
a taxicab driver's permit issued under the provisions of this
article.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-462. Exemptions.
The provisions of this article relating to taxicab driver's permits
shall not apply to operators of motor vehicles transporting persons
for hire under a permit issued by the Public Service Commission
of the State of Georgia.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-463. Taxicab driver's application
generally.
(a) Scope. No person shall drive any motor-propelled vehicle,
including taxicabs, cars-for-hire, buses, or other motor-propelled
vehicles used in the transporting of persons for hire upon the
streets of Clayton County without first having obtained a permit
to do so.
(b) Required; contents. Any person desiring a permit shall make
written application to the director of community development (hereinafter
referred to as "the director"). The application shall give the
date of birth and home address of the applicant, shall state whether
he or she has ever been convicted of any offense specified in
section 22-469 below, and if so, he or she shall furnish a complete
and detailed statement of those convictions.
(c) Photographs to be filed. Photographs of all applicants shall
be taken by the Clayton County Police Department.
(d) Qualifications of applicant. No permit shall be granted unless
the applicant is at least 18 years of age and possesses a valid
and current Georgia driver's license. In addition, there must
be in effect at all times an insurance policy of not less than
$100,000.00 liability coverage covering the taxicab driver and
the vehicle used by him or her as a taxicab.
(e) Fees. An investigative fee of $30.00 shall be paid to Clayton
County by each applicant for a taxicab driver's permit at the
time his or her original application is filed and upon any application
for renewal or for replacement of a taxicab driver's permit. A
regulatory annual fee shall be due at the time of issuance or
renewal of permits; the annual permit fee for a taxi company shall
be $200.00 and the annual permit fee for a taxicab driver shall
be $50.00. This regulatory annual fee shall be the same whether
the taxicab company is located within or without Clayton County
and is payable for any taxicab company which wishes to pick up
passengers within the confines of Clayton County, except Hartsfield-Jackson
Atlanta International Airport.
(f) Renewal. Each permit set forth above shall be renewed annually
on or before March 31.
(g) Certification. Any person applying for a permit shall certify
that he or she has been furnished by the community development
department a copy of this article and shall certify that he or
she has read said article and agrees to abide by the provisions
of said article.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04; Ord. No. 2006-10, § 1, 1-17-06)
Sec. 22-464. Police investigation of
applicant.
The police department shall conduct an investigation of each applicant
for a taxicab driver's permit and a report of such investigation
and a copy of the traffic and criminal record of the applicant,
if any, shall be attached to the application to the community
development department.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-465. Consideration of application.
If the application referred to in this article is rejected, the
applicant may appeal that decision to the director.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-466. Issuance of permit; display
of photograph.
Upon approval of an application for a taxicab driver's permit,
the community development department shall issue a permit and
a badge to the applicant, which shall contain the name, address,
sex, race, date of birth of the driver, the company by which he
or she is employed, a picture of the driver, the expiration date
of the driver's permit, and an identifying number. No permit shall
be issued unless the driver has a valid social security number
and, if a non-citizen, a valid work permit.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-467. Display.
Every driver granted a permit under this article shall post his
or her driver's permit, as well as the vehicle's permit, in such
a place as to be in full view of all passengers while such driver
is operating a taxicab. Also, during all times of operating as
a taxicab driver, the driver shall wear on his or her person,
in full view of passengers, his or her badge. In addition each
taxi vehicle shall be marked with the following:
(1) The name of the taxi company and its telephone number in letters
and numbers no less than four inches in height permanently affixed
to the vehicle and in a contrasting color so as to be easily visible;
(2) The fare rate in marking permanently affixed to the vehicle
of no less than two inches in height, also in a contrasting color
so as to be easily visible;
(3) A trip light affixed to the roof of the vehicle indicating
that the vehicle is in service or not in service, said light and
the wording in it being not less than four inches in height.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-468. Permit not transferable.
No permit shall be transferred and any permit to drive a motor
vehicle issued under this article shall be valid only when the
person issued the permit is driving for the company shown on the
permit.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-469. Convictions which bar issuance
of taxicab driver's permit.
For the purpose of this section, a conviction shall include a
finding or verdict of guilty, plea of guilty, or a plea of nolo
contendere in a criminal proceeding regardless of whether the
adjudication of guilt or sentence is withheld or not entered thereon
pursuant to provisions of O.C.G.A. §§ 42-8-60 through 42-8-64,
relating to first offenders, or any comparable rule or statute.
No taxicab driver's permit shall be issued if the applicant has
been convicted of any of the following offenses:
(1) Any criminal offense involving the operation of a motor vehicle
resulting in the death of any person.
(2) Driving a motor vehicle while under the influence of alcohol
or drugs. Any conviction under this subsection shall not be a
bar to the issuance of a permit, if the conviction occurred more
than five years prior to the date of the application.
(3) Any felony in the commission of which a motor vehicle is used.
(4) Failure to stop and render aid as required under the laws
of this state, or leaving the scene of an accident as specified
by the laws of this state.
(5) Perjury or false swearing in making any statement under oath
in connection with his or her application for taxicab driver's
permit.
(6) Convictions, or forfeiture of bail, not vacated, upon three
charges of violation of the motor vehicle laws of this state within
a period of 12 months.
(7) Conviction of the violation of any law involving violence,
theft or any form of stealing, or any crime involving moral turpitude,
that is reasonably related to the permit referred to herein, within
five years preceding the filing of the application for this permit.
(8) Conviction of any offenses involving sexual behavior, whether
felony or misdemeanor, as set out in O.C.G.A. Title 16, Crimes
and Offenses, Chapter 6, Sexual Offenses.
(9) Possession by a taxicab operator within his taxicab of opened
or unopened alcoholic beverages, or of drugs not specifically
prescribed for him or her by a medical doctor for his or her private
use, or of lottery tickets, gambling equipment or paraphernalia,
stolen goods or any contraband property of any kind.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
Sec. 22-470. Operators from without Clayton
County.
A person driving a taxicab for which a Georgia government other
than Clayton County has issued the business license or taxicab
driver's permit may bring passengers into Clayton County, but
he or she shall not solicit nor pick up any passengers within
the confines of Clayton County, except Hartsfield-Jackson Atlanta
International Airport.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04; Ord. No. 2006-10, § 2, 1-17-06)
Sec. 22-471. Revocation and restoration.
(a) Grounds. The director may, in his or her discretion, revoke
or suspend for a definite or an indefinite period any taxicab
driver's permit granted under the provisions of this article whenever
any Clayton County Police Department officer, Clayton County Sheriff's
Deputy, or Inspector of Clayton County Community Development has
provided to the director a sworn affidavit based on the affiant's
personal knowledge that the holder of the permit has violated
any of the provisions of this article.
(b) Notice. Prior to the effective date of any suspension or revocation
as set forth in subsection (a) above, it shall be the duty of
the director to notify in writing any person holding a taxicab
driver's permit that the director has grounds for the revocation
or suspension of his or her permit, attaching a copy of the affidavit
required in subsection (a) above, and further notifying the permit
holder that he or she shall, within a period of five days, appear
for a hearing before the director pursuant to the provisions of
section 22-34 of the Code of Clayton County, Georgia, for licensees.
The attached copy of said affidavit shall serve as notice of the
grounds upon which the proposed revocation or suspension is predicated.
The notice shall further advise the holder of the permit that
his or her failure to appear at the scheduled hearing shall result
in the revocation or suspension of his or her permit. The notice
shall be mailed to the last known address of the holder of the
permit as it appears from the files of Clayton County, and it
shall state the date, time, and place of the hearing before the
director. The scheduled hearing shall be the only opportunity
for the holder of the permit to be heard as to any reason why
the revocation or suspension of the permit shall not be final,
subject to the right of appeal as provided for in the aforesaid
section 22-34.
(Ord. No. 2004-113, §§ 1, 2, 7-20-04)
| Door
to Door Solicitation Permits - Fee $30 |
The
following Clayton County Ordinances pertain to Door to Door Solicitations
in Clayton County:
Sec. 22-612. Required.
Any person engaged in or desiring to engage in any type of selling,
soliciting, canvassing, survey-making or any other business, occupation
or vocation, which by its nature requires going from door to door
or house to house in the residential areas of the unincorporated
areas of the county, whether on a temporary or a permanent basis
and whether or not it is for any religious, charitable, nonprofit,
or profit-making organization, shall obtain a solicitor's permit
from the business license division.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-613. Application.
(a) Questionnaire. The business license division shall prepare
a questionnaire requiring pertinent information regarding the
physical description, identity, and background of each applicant
for a permit, to include the following:
(1) Name, local address and telephone number;
(2) Date and place of birth;
(3) Driver's license number and issuing state;
(4) Social Security number (if different from driver's license
number);
(5) Race and sex;
(6) Height and weight;
(7) Eye color and hair color;
(8) Name, address, and telephone number of the organization represented;
(9) Name and telephone number of immediate supervisor;
(10) Product or service;
(11) A list of all arrests, convictions, and the disposition of
each charge, other than minor traffic violations.
(b) The questionnaire form shall also bear the following statement:
"Georgia Code Section 16-10-71 provides that a person who makes
a lawful oath or affirmation or who executes a document knowing
that it purports to be an acknowledgment of a lawful oath or affirmation
commits the offense of false swearing when, in any matter or thing
other than a judicial proceeding, he knowingly and willfully makes
a false statement."
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-614. Investigation, fees, and
issuance.
(a) Upon filing of an application with the business license division
for a solicitor's permit, the applicant shall tender payment to
the business license division for the investigative fee in the
amount of $30.00 and the permit fee in the amount of $20.00, if
not exempt there from. The applicant shall proceed to the county
police department which shall review the application for the purpose
of ascertaining whether the applicant has entered a plea to, or
has been convicted of, a felony, or a misdemeanor involving violence
or moral turpitude, and to have the applicant photographed. After
ascertaining that the application has been properly completed,
and that the applicant has not been disqualified by virtue of
prior pleas or conviction, the application shall be forwarded
to the business license division.
(b) In any case in which it appears to the business license division
that a solicitor's permit should not be issued to an applicant,
the business license division shall so inform the applicant and
return to the applicant the permit fee tendered, if any; upon
the applicant's written request, the business license division
shall furnish the applicant with a reasonably detailed written
statement of the reasons why the permit will not be issued.
(c) Following approval of the permit application, a permit shall
be issued to the applicant, bearing the applicant's photograph,
name, and organization, and identifying the applicant as a solicitor.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-615. Expiration.
Each solicitor's permit shall indicate thereon an expiration date
which is 90 days from the date of issue.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-616. Selling, renting, etc.
It is unlawful for any person to lend, rent, or sell a solicitor's
permit card to another.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-617. Display.
The business license division shall furnish to each holder of
a solicitor's permit a device suitable for attaching the permit
card to the outer clothing. No person shall act as a solicitor
without wearing and displaying the permit in a conspicuous manner.
Such a person shall display such identification to any authorized
person or potential customer upon request.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-618. Denial; suspension or revocation.
(a) No solicitor's permit shall be issued to any person who has
been found guilty of any misdemeanor involving violence or moral
turpitude any time within five years prior to the date of application;
nor shall a permit be issued to any person convicted of a felony,
except that a permit may be issued to a convicted felon, if it
appears that such person either has been pardoned or that such
person has been free from any legal restriction for a period of
five or more years prior to the date of application. In this article
"found guilty" and "conviction" include entry and acceptance of
a plea of nolo contendere, as well as verdicts or pleas of guilty,
entered by a court of this state, a court of any sister state,
or any federal district court. Any permit issued as the result
of willful false statements or omissions in the solicitor's application
for the permit shall be deemed null and void from the time of
its issue.
(b) The permit of any solicitor charged with a felony or a misdemeanor
involving violence or moral turpitude shall be deemed suspended
from the time of lawful arrest, formal accusation, or indictment,
whichever shall first occur; such suspension shall remain in effect
until the solicitor is convicted or acquitted, or until the charge
is dismissed, dead-docketed, nolle prosequi, or no-billed.
(c) The permit of any solicitor who is convicted, as defined in
this article, of any felony or of a misdemeanor involving moral
turpitude or violence shall be deemed revoked from the time of
such conviction. The permit of any solicitor convicted of having
violated any provision of this article after issuance of the permit
shall be deemed revoked from the time of such conviction.
(d) Any suspension or revocation occurring pursuant to the provisions
of this article shall be effective by operation of law, whether
or not any formal notification to the solicitor is given or received.
(e) It is unlawful for any person to act as a solicitor while
such person's permit has been suspended, or after it has been
revoked, or after it has expired.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-619. Surrender.
Each solicitor's permit shall remain the property of the county.
Each permit holder shall surrender the permit card to the business
license division no later than three business days following the
expiration, suspension, or revocation of the permit or upon the
demand of the business license division, whichever occurs first.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)
Sec. 22-620. Appeals.
A person to whom the county refuses to issue a solicitor's permit
or whose solicitor's permit is suspended or revoked shall have
the right to appeal such decision in the same manner and by the
same method as provided in the general business license provisions
and regulations of the county.
(Ord. No. 2002-158, §§ 1, 2, 12-17-02)