We are making moves.
Today’s move.
CLEAR is watching, studying, and working through ATAG III for change.
We believe that ATAG III is the best route for a sustainable, widely supported modernization of alcohol licensing.
But it will need your advocacy too! Stay tuned for important calls to action throughout this year as we work to see much needed legislative and procedural improvements to prepare our city for today’s demands and tomorrow’s growth.
CLEAR Successes
Legislative call to action
On January 14, 2021, CLEAR delivered a call to action to Mayor Bottoms and 24 other stakeholders that have direct influence on alcohol licensing policy. Our priorities were clear and detailed and we received a quick response from Mayor Bottoms, City Council Members, LRB, and NPU leaders across the city. Five days after receipt of our letter, Council Member Bond drafted resolution 21-R-3040 to establish ATAG III (City of Atlanta Alcohol Technical Advisory Group III.)
ATAG III Appointments
CLEAR has successfully lobbied for nine appointments to ATAG III. We are focused on placing highly engaged, collaborative and knowledgeable stakeholders on ATAG III to maximize its efficiency and effectiveness. We are encouraged by the ATAG III team - leaders across our industry, community and city - genuinely ready to do the work.
Temporary license notification
On April 20, 2021, CLEAR issued a letter to APD Deputy Chief Hampton highlighting a code requirement for which License and Permits is currently non-compliant. CLEAR asked that as of May 1, 2021, the department adhere to City of Atlanta Code of Ordinances which requires NPU notification of all temporary liquor license applications within three days of filing. NPUs began receiving temporary license application notifications within one week of letter delivery.
Staffing APD License and Permits
Atlanta City Council adopted the Mayor’s budget proposal in July 2021. The budget included an increase of $15 million for the Atlanta Police Department. CLEAR advocated for a portion of that increase to be guaranteed to expanding the staff, both civilian and sworn, of the APD License and Permit Unit. We believe this is the first and most imperative step toward improving application review and licensing enforcement.
APD License and Permits Units Deputy Chief Hampton indicated the addition of five civilian positions that will begin recruitment in August 2021. Three investigators will also be reassigned to the unit from within the APD.
These staff additions bring the unit to 20 staff members which is close to the 21 staff members recommended in the recent City of Atlanta Performance Audit.
21-O-0878: Ch 10 Quick Fixes
In October and November 2021, CLEAR worked with Council Member Ide to review Ch 10 and identify meaningful updates that help clean up the licensing process. On November 15th, City Council adopted 21-O-0878 with an unanimous vote. Code amendments adopted in this paper include requirements for:
applications to reflect all individuals that own 25% or more of the business entity,
OZD to sign off on adequate parking where required, .
signage to be placed at location within 15 days of application submission,
completion of background checks prior to the issuance of a temporary license,
timing specificity of suspension or revocation resulting from due cause hearing,
cumulative violations that do not reset, and
LRB quorum, contact information, and minutes requirements.
Application Review
In early 2022, CLEAR partnered with the APD License and Permit Unit to do a line by line review of the current application form - paper based and digital.
This updated application is awaiting sign-off from the City of Atlanta Law Department.
Stay tuned. We anticipate this initiative will require more work to advance the digital form.
Other Recent Actions
21-O-0267: Displayed Certificate Requirement
An amendment to Ch 10 of City of Atlanta code to require licensees to display a license certificate in a conspicuous location on the business premise. The certificate will show the category of license and allowable days and hours of operation.
21-O-0259: Violent Crime Nuisance Property
An amendment to the existing “Nuisances” definition in City of Atlanta code to create a Violent Crime Nuisance property category. This newly defined nuisance category could be used to in an amended Chapter 10 Alcohol Code as part of the evidence to determine whether an establishment should lose its alcohol license (Due Cause hearing process.)
20-O-1741: Limited forensic audits of targeted licensee categories
On December 20, 2020, City Council passed 20-O-1741 which allows the Chief Financial Officer to conduct an audit of a selected 1% of licensees operating as an Eating Establishment, Restaurant, or Package Store when exempt from distance requirements. The new ordinance only applies to licenses issued or renewed in 2021 and after. The penalty for non-compliance implies a 12-month blackout period but lacks clarity in the timeline intention and definition of “establishment.”
21-O-0059: Restaurant’s must include certified accounting upon renewal
On February 1, 2021, City Council passed 21-O-0059 which requires “Restaurant” businesses holding a liquor license to submit CPA certified accounting proving at least 50% of food and beverage receipt sales to be attributable from food. The ordinance outlines penalties for non-compliance in line with existing penalties.
21-O-0962: Required action at the end of a mayoral term
An amendment to Ch 10 of City of Atlanta code to require a decision on all due cause recommendations delivered to the mayor by the end of his/her term. Any inaction would result in the LRB recommendation becoming the final decision on the due cause case.
22-O-1109: Defining “security plan” in Ch 10
A paper currently held in Public Safety and Legal Administration Committee that aims to establish a more specific definition of the required security plan description on applications and renewals forms.