§ 14-381. Regulations as to owner, manager and employee work permits.

(a)

A work permit is required for all owners, managers, and employees for the following:

(1)

Burglar/security alarm installer.

(2)

Escort and/or dating service.

(3)

Fortune-telling and related practices.

(4)

Locksmith.

(5)

Massage practitioner/therapist.

(6)

Operating vehicles for hire.

(7)

Pool room employee or owner/manager.

(8)

Precious metals.

(9)

Solicitor/canvasser.

(b)

No person shall be employed by any business listed in subsection (a) of this section until such person has been fingerprinted or cleared by the county chief of police or his designee, indicating that the person is eligible for such work permit.

(c)

No work permit shall be issued until such time as a signed application has been filed with the county chief of police or his designee, and upon paying a fee which shall be established by the county board of commissioners, and a search of the criminal records of the person completed. Such application shall include, but shall not be limited to, the name, home address, date of birth, Social Security number and prior arrest record of the person. The 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 be regarded as confidential and shall not be produced for public inspection without a court order.

(d)

The county chief of police or his designee 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 evidence of a disqualifying violation, the county chief of police or his designee shall issue a work permit to the person by mail, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the county chief of police or his designee shall notify the person, in writing by certified mail that they are not eligible for employment, the cause of such denial and their right to appeal.

(e)

No certificate holder shall allow any employee or manager required to hold a work permit to work on the premises unless the employee or manager has in his possession a valid city work permit. For new employees, a receipt issued by the county police permit unit may be used for a maximum of 30 days from the date of issue except for a canvasser or solicitor. A canvasser or solicitor must have on his person a valid city issued work permit before conducting business in the city. Certificate holders are required by this article to inspect and verify that each employee or manager required to do so have in his possession a valid work permit. Issuance of this fee receipt shall allow the applicant to work in the position applied for only until such time as the required criminal history background investigation is completed. The temporary privilege conferred by issuance of this fee receipt shall expire immediately upon completion of such background investigation. If the background investigation indicates that the applicant does not meet the requirements for issuance of a work permit, the applicant may appeal the denial of the work permit as provided in this chapter. However, issuance of this fee receipt and the temporary privilege granted thereby shall not be construed as conferring any right or privilege to the applicant to continue working in the position for which the work permit is sought during the pendency of any appeal from the denial of a work permit.

(f)

No person shall be granted a work permit unless it appears, to the satisfaction of the county chief of police or his designee, that such person has not been convicted, pled guilty or entered a plea of nolo contendere under any federal, state or local law of any crime involving moral turpitude, illegal gambling, any felony, criminal trespass, public indecency, misdemeanor involving any type of sexual related crime, any theft or violation against person or property, any crime of possession, sale, or distribution of illegal drugs, distribution of material depicting nudity or sexual conduct as defined under state law, criminal solicitation to commit any of these listed offenses, attempts to commit any of these listed offenses, for a period of five years prior to the date of application for such work permit, and has been released from parole or probation. These requirements will apply unless other requirements are provided for specific businesses.

(g)

For purposes of this article, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail themselves of the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., as amended. 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 sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender.

(h)

No person shall be issued a work permit if it is determined that the person falsified, concealed, or covered up any material fact by any device, trick, or scheme while making application to the county police department for a work permit under this section. If it is determined that a person is in violation of this subsection and a work permit is denied for this reason, then 15 calendar days must elapse from date of application before a new application and fee may be resubmitted.

(i)

All work permits will expire annually on the date established generally for expiration of the occupation tax certificate and are transferable within same profession. The work permit must be in the possession of the employee while the employee is at work and available for inspection by the members of the county police department or the city or its designee's staff.

(j)

Any person granted a work permit and practices his trade outside the business location is required to display the work permit on the upper front portion of the body, commonly referred to as the top of the shoulder down to the waist. Also the work permit will be available for inspection upon request.

(k)

All work permits issued hereunder remain the property of the city, and shall be produced for inspection upon the demand of any officer or designee of the county police department or employee of the city office.

(l)

No person shall lend, rent, or sell his work permit to another or use the work permit of another.

(m)

Replacement work permits will be issued within 30 days of original date, upon paying one-half of the fee charged for work permits. After 30 days of original application date, a new application and fee must be submitted.

(n)

All work permits issued through administrative error may be terminated and seized by the county chief of police or his designee, or the city or its designee or his designee.

(o)

It shall be the duty of all persons holding a work permit to file with the county chief of police or his designee, the name of the establishment, the work permit number and a list of all employees, including their name, date of birth, Social Security number, home address and home telephone number twice annually; during the month of June and again during the month of December.

(p)

Any persons convicted of any violations of this section shall receive a minimum fine of $200.00.

(q)

Burglar/security alarm installers; escort and/or dating services; fortune-telling and related practices; locksmith; massage practitioner; pool room operators. No person shall be granted a work permit unless it appears to the satisfaction of the county chief of police or his designee that such person has not been convicted, pled guilty or entered a plea of nolo contendere under any federal, state or local law of any crime involving moral turpitude, illegal gambling, any felony, criminal trespass, public indecency, misdemeanor involving any type of sexual related crime, any theft or violation against person or property, any crime of possession, sale, or distribution of illegal drugs, distribution of material depicting nudity or sexual conduct as defined under state law, criminal solicitation to commit any of these listed offenses, attempts to commit any of these listed offenses, for a period of five years prior to the date of application for such work permit, and has been released from parole or probation. No person under 18 years of age shall be employed by an escort and/or dating service in any capacity. No person shall be granted a work permit without a valid state driver's license or a valid state I.D. card.

(r)

Passenger carrying vehicles. No person shall be granted a work permit under the age of 21 or unless it appears to the satisfaction of the county chief of police or his designee that such person has not been convicted, pled guilty or entered a plea of nolo contendere under any federal, state or local law of any crime involving moral turpitude, illegal gambling, any felony, criminal trespass, public indecency, misdemeanor involving any type of sexual related crime, any theft or violence against person or property, any crime of possession, sale or distribution of illegal drugs, distribution of material depicting nudity or sexual conduct as defined under state law, driving under the influence of drugs or alcohol, criminal solicitation to commit any of these listed offenses, attempts to commit any of these listed offenses, for a period of five years prior to the date of application for such work permit, and has been released from parole or probation. All operators must post their work permit in public view within the interior of the vehicle and possess a valid state driver's license.

(s)

Precious metals dealers. No person shall be granted a work permit unless it appears to the satisfaction of the county chief of police or his designee that such person has not been convicted, pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, larceny, burglary or theft of any description as defined in the Georgia Criminal Code Title 26, criminal trespass, fraudulent practices, theft or violence against person or property, illegal gambling, any felony or any felony possession or sale of controlled substances, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime.

(t)

Solicitors/canvassers. No person shall be granted a work permit unless it appears to the satisfaction of the county chief of police or his designee that such person has not been convicted, pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, criminal trespass, theft or violence against person or property, illegal gambling, any felony, any felony possession or sale of controlled substances, 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. The applicant must provide a detailed statement of the kind of canvassing or soliciting contemplated and the methods to be employed thereby, including area and hours of operation. The applicant must also provide proof of, or application for, a city occupation tax certificate. Work permits for any canvasser or solicitor no longer employed shall be surrendered to the county police department within 15 days of their termination.

(Ord. of 7-1-2012, § 18-332)