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Administration ] [
Personnel ] [
General Operations ] [
Field
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Criminal Investigations ] |
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Applicable To: All License and Permits Unit Employees |
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Approval
Authority: Chief Richard J.
Pennington |
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Signature: Signed by RJP |
Date Signed: 12/10/07 |
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To establish policies and procedures for the daily operations of the License and Permits Unit.
The Atlanta Police Department will process all requests for licenses and/or permits in an efficient and effective manner in accordance with the City of Atlanta Code of Ordinances and State Law. The Department seeks to ensure that each licensed and permitted business or individual operates in a manner consistent with these laws and regulations.
3.1 The SES Commander is responsible for the implementation of this written directive.
3.2 The License and Permits Unit commander will ensure that all employees under his/her command are aware of and familiar with this written directive.
3.3 License and Permits supervisors will be responsible for the operation of special details and monitor the daily activities of all employees assigned to the unit for compliance with this written directive.
3.4 License and Permits employees will conduct business in a manner consistent with this written directive.
3.5 The office support staff is responsible for collecting and processing all licenses and permit fees. These fees will be accepted in the form of a cashiers check or money order only and write receipts for payments received.
3.6 The receptionist will greet all visitors; answer the telephone; perform general typing duties; give out applications and explain the steps necessary to complete the application process; and make appointments for the investigators.
4.1 Case Assignment Management
4.1.1 Investigators will take appointments for prospective new permits and alcohol licensee’s from 9:00 a.m. until 2:00 pm, Monday through Wednesday. These appointments will be assigned by the administrative staff on a predetermined rotating schedule. On Thursdays and Fridays, Investigators will conduct follow-up investigations and perform regulatory enforcement duties.
4.1.2 Investigators will be responsible for effectively and efficiently managing their time to accomplish the various assigned cases and tasks assigned.
4.1.3 Investigators will make an entry onto the License and Permits Investigators Work Log for each case assigned for investigation or task given for completion.
4.1.4 Investigators will meet with the Licensing Sergeant once each week to review and discuss the progress of their assignments.
4.2 Processing Application for Permits and Alcohol License
4.2.1 Investigators/support staff will interview all citizens requesting an alcohol license. The investigator will ascertain from the applicant the type of license and location desired in order to give them the appropriate materials needed to file an application, for example applications, Fire/Health/Building letters, etc.
4.2.2 Investigators/Support staff will instruct the applicant to complete the applications in full and to obtain the necessary documents and information for the application to be processed and then to call for an appointment. The applicant must provide the following:
1. Duplicate applications with all questions answered appropriately and fully.
2. Personal history card and a full set of prints. The personal history card must be filled out completely and signed.
3. Article of Incorporation and Minutes or all partnership agreements. Attach a copy of the corporate charter and by-laws, which have been properly signed by the Secretary of State and the Registered Agent(s) for the corporation. Ensure all percentages held and the titles of each officer are listed in the application.
4. Letters of Clearance.
a. Federal Clearance
b. State Clearance
c. Certificate of Residence
d. Three Letters of Reference by three persons who have known the individual for at least three years.
e. Two small photographs
f. Survey of the proposed premises
g. Lease or valid document which shows the applicant has legal access and control to proposed premises, i.e., deed, sub-lease, rental agreement, etc.
h. Financial Investments. All applicants must furnish at the time of filling, documentation of all financial investments pertaining to the business operation.
i. Floor plan
j. Menu
4.2.3 Investigators will interview the applicant and review the applications and documentation for accuracy. If all documents are complete, the investigator will accept the application and give the applicant a receipt for the filing fee. The applicant must take the receipt to the Atlanta Journal Constitution where legal notice of purpose is advertised at least two times on different days. Any incomplete applications will be returned to the applicant for correction before the investigator accepts any portion of the application.
4.2.4 After the application has been reviewed and accepted by an investigator as complete, the application will be assigned to an investigator for a follow-up to the completion of the application.
4.2.5 Upon receiving an assigned application, the investigator will verify the information provided on all documents is correct and complete. The investigator will run a criminal history check and verify the inspection letters, and physically inspect the location. A photograph of each location will be included in the file. NOTE: In the event that required distances need to be verified, the investigator will request that the City Zoning Office verify these distances with a survey.
4.2.6 After an investigator has completed an application, he or she will review it with a supervisor for a final determination on the applicant’s status and place the applicant on the agenda of the License Review Board.
4.3 Preparing for License Review Board (LRB)
4.3.1 Investigators will prepare a summary of findings on all applications that they investigate. NOTE: Investigators will not recommend that a location be granted or denied a license - only state that the location does or does not meet the legal requirements to be granted a license.
4.3.2 An administrative employee will prepare an agenda containing only completed applications.
4.3.3 The commander or his/her designee presents the agenda to the License Review Board (LRB) every other Tuesday evening at 5:00 p.m.
4.3.4 The sergeant will present the agenda before the LRB in the absence of the unit commander.
4.4 Preparation of Applications and Minutes
4.4.1 The receptionist will take and transcribe the minutes from the License Review Board. A copy of the minutes will be forwarded to the Chief of Police, each Deputy Chief, all zone commanders, board members, the Mayor’s Office, Business License Office, and Special Investigations Section commander.
4.4.2 Investigators will check each application for the signatures of all sitting License Review Board members for that hearing date.
4.4.3 Investigators will rotate this task in a predetermined manner.
4.4.4 Investigators will check the top portion of the last page of each application for a narrative reflecting what the applicant applied for on the front page of the application.
4.4.5 Investigators will receive the minutes from the secretary and compare the application with the minutes for wording accuracy. The secretary will make corrections where necessary.
4.4.6 Investigators will ensure that the appropriate approval letters are attached.
4.4.7 Investigators will complete the list of applications decided by the LRB and take to the Mayor’s Office.
4.5 Enforce State Laws and City Ordinances
4.5.1 Investigators will conduct spot checks of all locations with licenses or permits issued by the City of Atlanta.
4.5.2 Investigators will issue appropriate citations for City ordinance and/or State law violations.
4.5.3 An investigator will begin revocation proceedings when warranted.
4.6 Prepare Revocation/Due Cause Package
4.6.1 Investigators will prepare a Due Cause Package on all locations found to be in non-compliance with City ordinance and/or State law.
4.6.2 Investigators will perform a Criminal History check on any location in non-compliance.
4.6.3 Investigators will obtain and review police incident reports for the current license holder, in order to identify incidents directly involving the business in question or their employees. Investigators will identify all witnesses associated with the incident.
4.6.4 Investigators will prepare a Due Cause Letter identifying each location under consideration for revocation/adverse action and each incident that was investigated along with the results of the investigation.
4.6.5 Investigators will prepare a witness list of all individuals involved in an incident, to include the arresting/reporting officer.
4.6.6 Investigators will forward the Due Cause Package to the unit supervisor and the Law Department for review and comment.
4.6.7 Investigators will deliver a Due Cause Letter to the affected business five days prior to the License Review Board (LRB) hearing.
4.6.8 Investigators will prepare ten copies of the Due Cause Package for review at the LRB hearing.
4.6.9 Investigators will notify all the witnesses on the witness list of the need to attend the LRB hearing.
4.6.10 Investigators will present the case before the LRB.
4.7.1 Employees will complete a unit complaint form on all complaints received.
4.7.2 The Licensing supervisor will assign the complaint to an investigator.
4.7.3 Investigators will investigate the merits of the complaint and take appropriate actions to resolve the matter.
4.7.4 Investigators will prepare a summary of findings on all complaints assigned to them and return the summary to the supervisor.
4.8 Processing Annual Alcohol License Renewal
4.8.1 The unit will receive address labels for mailing of renewal forms to the businesses.
4.8.2 An administrative employee will mail a notification letter and two renewal forms to the businesses for renewal.
4.8.3 The unit will receive renewal forms in the mail or by walk-in. The employee receiving the renewal forms will do the following:
1. Verify that the forms are notarized, the proper status of the license is selected on the renewal form, and payment is included. Write the date received, type payment received, check number, and amount paid on the bottom of each copy of the renewal form.
2. Enter the renewal as received on the database.
3. Process the $150.00 renewal fee:
a. Enter payment information onto the computer to include date of receipt, form of payment, check or money order number, the person receiving the renewal, etc.
b. Ring the payment up on the cash register and obtain a receipt.
c. Stamp the renewal form as paid.
d. Staple the cash register receipt to the renewal form.
e. Produce a computer listing reflecting all renewals processed with a total of the money processed. The total reflected on the computer printout and the cash register receipt should balance.
f. Attach the checks to the computer printout and hand-deliver both to the Property Control Unit.
4. The investigator or inspector will pull and compare the file folder.
a. Locate the hard copy file folder.
b. Attach the renewal form to the file.
c. Compare the information on the renewal form to the information on the original application in the file folder. If any discrepancies are discovered, the renewal is classified as a ‘RED FLAG’ file to be investigated by an investigator. Attach a problem cover sheet to the file folder indicating the differences requiring further investigation.
d. Complete a criminal history check on the alcohol license location when further information is required.
4.8.4 Processing ‘RED FLAG’ Files.
1. The licensing supervisor will assign ‘RED FLAG’ files to each investigator in the following manner:
a. Receive the ‘RED FLAG’ files, resulting from discrepancies found between the application and the file.
b. Assign the ‘RED FLAG’ files to the next investigator.
c. Record the investigator and corresponding file on the assignment log.
d. Provide a copy of the assignment log to the administrative person for entry into the Alcohol License Renewal database.
2. Investigators will investigate his or her assigned ‘RED FLAG’ files in the following manner:
a. Review the attached problem cover sheet to ascertain the reason for further investigation.
b. Contact the owner for problems of ownership and pull police reports for all incidents identified on the CJIS printout.
c. Analyze the facts of each issue and make a determination and recommendation as to the approval of the renewal application.
1. Clear the file for renewal or process a Due Cause Package.
2. Prepare a written summary of findings.
3. Forward a copy of the summary of findings to the licensing supervisor and place a copy in the file.
d. Return the file to the licensing supervisor for final disposition as approved or to be held to go before the License Review Board.
4.8.5 All Alcohol License Renewal Forms received after December 31st of each year will stamped as ‘late,’ and identified as a ‘Failure to Renew’ and processed in the following manner:
1. The licensing supervisor will assign all ‘Failure to Renew’ locations to an investigator for follow-up action.
2. Investigators assigned a ‘Failure to Renew’ location will contact the owner informing them of their failure to renew status and request that they come into the office to discuss the matter.
3. All "Failure to Renew” locations will be taken before the License Review Board with the facts.
4.8.6 All renewal forms returned to License and Permits Unit due to
address problems will have an
4.9 Operation of the Cashier’s Position
4.9.1 The cashier’s position will open at 0900 hours and close at 1430 hours each day Monday through Friday.
4.9.2 Only cashiers checks or money orders will be accepted as payment for permit fees.
4.9.3 The office support staff will accept all payments for applicable fees and issue a receipt to the payee.
4.9.4 At the end of each day a “Daily Financial Report”, X report and Z report will be prepared reflecting all fees collected during that day. The amount of funds collected is tabulated and listed on the Daily Report.
1. All checks and money orders will be stamped with the office stamp.
2. The X report is run by turning the MA key on the cash register to X and pressing CA/AT/NS. The amount should match the Daily Financial Report total for the day. Attach the results of the X report to pink stamped card. With the key still in X press PLU. This will give a reading of all transactions in the system and totals for the day.
3. The Z report is run by turning the ~ key on the cash register to Z and press CA./AT/NS. This reading is attached to the top right corner of the Daily Financial Report. With the key still in Z press PLU. This is the final reading; it matches the X PLU, and is folded and put with day’s receipts.
4.9.5 The office support staff will prepare the Daily Financial Report and the blue money bag containing all checks and money orders and the X cash report for transport to the Property Control Unit. The office support staff will then accompany an investigator to the Property Control Unit. A copy of the Daily Financial Report and receipt for the checks and money orders turned into the Property Control Unit will be returned to the License and Permits Unit for filing. A copy of the Daily Financial Report will be forwarded to Fiscal Management Unit.
1. Applicants, 21 years of age or older, requesting a permit for employment in an establishment offering adult entertainment must present a government issued picture I.D. (state I.D., Military I.D., or Passport) and complete a pink application (Form 32-4) and pay a $50.00 application fee. All information must be provided and the identification information must be recorded on the back of the card in the lower left hand corner. A copy of the identification will be stapled to the pink card.
2. A criminal history check will be performed on all applicants.
a. If a hit is received, the investigator will:
1. enter the State Identification Number (SIN) for the arrest into the computer and run a FQ check to receive the records associated with that arrest;
2. look for any undisclosed arrest with convictions on the arrest history;
3. make a determination for approval or denial of the permit; and
4. process approved applications as normal. Denied applicants will be given an appeal form to appeal to the LRB.
b. If no hit is received from the Criminal History check:
The applicant will be processed through the Police Central Datamax system, sign the Digital Signature Pad, take a picture and the permit will be issued. The office support staff will input the information into the computer and have the applicant sign. All permits will expire one year from the date of issuance.
3. The office support staff will collect the permit fee and give the applicant a receipt for the fee collected. The receipt number will be recorded on the top left corner of the white card.
4. The office support staff will file pink and white cards by year of issuance.
1. A citizen requesting a permit for vending in the City of Atlanta will complete a white personal history card. All information must be provided.
2. A Permits officer will complete a receipt for the vending fee to be collected and processed by the Office support staff.
3. A Permits employee will place a print of the applicant’s right index finger on the back of the white personal history card.
4. A Permits employee will collect the fee reflected on the receipt and give the applicant the white copy of the receipt with the cash register receipt attached.
1. A citizen requesting to be issued a permit for a bondsman will complete a white personal history card, two fingerprint cards, duplicate applications, and present a power of attorney, three letters of reference and a letter from the bonding company requesting employment. All information must be provided.
2. A permits employee will return the white card to the applicant for his or her signature.
3. The applicant will be processed through the Police Central Datamax System, sign the Digital Signature Pad, take a picture and the permit will be issued. The office support staff will input the information into the computer and have the applicant sign.
4. A permits employee will collect the fee reflected on the receipt and give the applicant the white copy of the receipt with the cash register receipt attached.
4.10.4 Office support staff will issue alarm permits in the following manner:
1. Type the name of the applicant and their alarm system on the permit.
2. Obtain a receipt for the applicant.
3. Stamp the permit with the Chief’s stamp.
4. Make a copy of the permit and attach it to the application along with pink copy of the receipt and file.
4.11.1 Investigators assigned a request for open records will follow APD.SOP.1061 “Open Records”
4.12.1 The Records Clerk will maintain all files and records pertaining to businesses and individuals regulated by the Department.
4.12.2 Employees wishing to review a file will completely fill out the next available line on the sign-out card and place it in the space occupied by the file desired.
4.12.3 Employees will return the file promptly when the review is complete, initial the sign-out card and place the sign-out card and the file in their appropriate location.
4.13.1 The office support staff will complete all daily and monthly transaction reports designated by number and type of permit and the dollar amount collected for each type.
4.13.2 The office support staff will be responsible for ordering and maintaining all the necessary supplies for issuing permits to include ordering forms and purchasing film, cards, chains, etc.
4.13.3 Office support staff will maintain complete files on all alcohol locations, bonding companies, bondsmen, game rooms, special events, dance halls, vending, pawn shops, scrap metal, gym/health spas, massage salons, massage technicians, pool rooms, fortune tellers/handwriting analysts, car wash, and booting permits.
4.13.4 All office support staff will answer inquiries pertaining to files maintained in the unit’s record room such as businesses address, name changes, etc. with approval from the commander to release.
4.13.5 All office support staff will file information relating to businesses such as approvals by the Mayor’s Office, name change request, etc.
4.13.6 All office support staff will shred recently approved application copies from the License Review Board.
5. DEFINITIONS
N/A
APD.SOP.5130 “License and Permits Unit,” that was dated July 1, 2004
APD.SOP.1061 “Open Records” |
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