Chapter 30 — Businesses

Sec. 30-2. Endless chain business.

Secs. 30-3—30-25. Reserved.

Sec. 30-26. License review board.

Cross reference—Boards, councils, commissions and authorities, § 2-1851 et seq.

Charter reference—Boards and commissions, § 3-401.

Sec. 30-27. Subpoena; authority of license review board.

Sec. 30-28. Fees.

Schedule 1 Initial Application Fee for License for Sale of Alcoholic Beverages Description Malt beverages/wine consumed . . . . Malt beverages/wine packaged . . . . Create a package store area . . . . . . . Distilled spirits package . . . . . . . . . . Distilled spirits consumed . . . . . . . . .

Fee $300.00 300.00 300.00 300.00 300.00 Schedule 2 Application Fee for Renewal of License for Sale of Alcoholic Beverages Description Fee Malt beverages/wine consumed . . . . Malt beverages/wine packaged . . . . Create a package store area . . . . . . . Distilled spirits package . . . . . . . . . . Distilled spirits consumed . . . . . . . . .

$150.00 150.00 150.00 150.00 150.00 Schedule 3 Application Fees for Licenses Other Than Sale of Alcoholic Beverages Description Fee Employees/independent contractors working at adult entertainment establishments which sell alcohol:

Application fee . . . . . . . . . . . . . . . . . Permit fee . . . . . . . . . . . . . . . . . . . . . . Aerobics/slimnastics . . . . . . . . . . . . . . Alarms commercial permits . . . . . . . Alarms residential permits . . . . . . . . Billiard/pool room . . . . . . . . . . . . . . . .

$ 50.00 200.00 500.00 50.00 50.00 150.00 Bonding company. . . . . . . . . . . . . . . . . Bondsperson . . . . . . . . . . . . . . . . . . . . . Boxing promoter. . . . . . . . . . . . . . . . . . Burglar alarm company . . . . . . . . . . . Burglar alarm installer . . . . . . . . . . . Door-to-door sales (company) . . . . . . Door-to-door sales (employee). . . . . . Escort service (company) . . . . . . . . . . Escort service (employee) . . . . . . . . . Firearm application. . . . . . . . . . . . . . . Fortuneteller or handwriting analysis annual fee . . . . . . . . . . . . . . . Fund solicitation annual fee . . . . . . . Game room. . . . . . . . . . . . . . . . . . . . . . . Gym/health spa. . . . . . . . . . . . . . . . . . . Hypnotherapy . . . . . . . . . . . . . . . . . . . . Lingerie modeling studios (company) Lingerie modeling studio (employees) Massage salon annual fee . . . . . . . . . Massage technician annual fee . . . . Motel/hotel . . . . . . . . . . . . . . . . . . . . . . . Moving. . . . . . . . . . . . . . . . . . . . . . . . . . . Parking lots/garages - per lot . . . . . . Parking lots/garages - per space . . . Pawnshop annual fee . . . . . . . . . . . . . Precious metal dealer annual fee . . Roominghouse/lodge . . . . . . . . . . . . . . Scrap processor. . . . . . . . . . . . . . . . . . . Sightseeing company . . . . . . . . . . . . . Social/private club . . . . . . . . . . . . . . . . Tattoo parlor . . . . . . . . . . . . . . . . . . . . . Teenage dancehall . . . . . . . . . . . . . . . . Telephone solicitations . . . . . . . . . . . . Theater annual fee . . . . . . . . . . . . . . . Vendor assistant permit. . . . . . . . . . . Vendor replacement permit. . . . . . . . Wrecker company (each truck). . . . .

500.00 250.00 2,000.00 500.00 75.00 500.00 170.00 2,000.00 300.00 120.00 500.00 200.00 150.00 500.00 500.00 3,000.00 300.00 2,000.00 200.00 120.00 60.00 250.00 3.00 750.00 750.00 150.00 500.00 200.00 200.00 150.00 180.00 150.00 500.00 30.00 30.00 300.00 Wrecker company employees . . . . . .

150.00 Wrestling promoter license fee . . . . 2,000.00 Wrestling permit application fee. . .

100.00 Wrestling referees, judges, timekeep-ers, managers, trainers, and seconds 100.00

No. 1999-14, § 1, 2-9-99; Ord. No. 1999-35, §§ 6, 7, 3-9-99; Ord. No. 2000-7, § 6, 2-15-00; Ord. No. 2016-11(16-O-1150), § 2, 5-11-16)

Sec. 30-29. Issuance contingent upon applicant's criminal record.

Sec. 30-30. Effect of denial or revocation.

Sec. 30-31. Notice to police of security measures and emergency contacts.

Sec. 30-32. Material misrepresentations regarding ownership or use of business enterprises.

Sec. 30-33. Renewal contingent on compliance with Article III of this chapter.

At the time of the renewal of a license or permit issued under the police powers of the city, the licensee must show that the licensed business is compliant with the provisions contained in Article III of this chapter, including that they are registered with the business tax division and have been issued a certificate therefrom, where applicable. A finding of the failure by the licensee to maintain such compliance shall be due cause for refusal to renew the license or permit. (Ord. No. 2010-53(10-O-1536), § 1, 9-29-10)

Sec. 30-34. Authorized designee.

Secs. 30-35—30-50. Reserved.

ARTICLE III. OCCUPATION TAX* DIVISION 1. GENERALLY

Sec. 30-51. 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:

Administrative fee means a component of an occupation tax which approximates the reasonable cost of handling and processing the initial and renewal applications for an occupation tax certificate.

Business shall maintain its ordinary and customary usage according to context but also may be used to generally identify a person or entity carrying on a trade, occupation, profession, or other commercial or non-commercial enterprise.

Business tax means the same as occupation tax.

Business tax division means the same as the office of revenue.

Chief financial officer includes the chief financial officer's designee.

Dominant line means the type of business, within a multiple-line business, from which the greatest amount of income is derived.

*Editor’s note—Ord. No. 2004-80, § 1(Exhibit B), approved Oct. 20, 2004, amended ch. 30, art. III in its entirety to read as herein set out. Formerly, said article pertained to similar subject matter. See the Code Comparative Table for a detailed analysis of inclusion.

Employee has the same meaning as "employee" as defined in O.C.G.A. § 48-13-5, as may be amended from time to time.

Gross receipts has the same meaning as "gross receipts" as defined in O.C.G.A. § 48-13-5, as may be amended from time to time.

Location or office has the same meaning as "location or office" as defined in O.C.G.A. § 4813-5, as may be amended from time to time.

Nonprofit organization shall mean a bona fide nonprofit civic, educational or charitable organization.

NAICS means the North American Industry Classification System being categories of occupations and industries established by and promulgated by the Office of Management and Budget of the United States of America from time to time.

Occupation tax means the tax levied under this article and as defined by O.C.G.A. § 48-13-5 from time to time.

Occupation tax certificate or certificate means a document issued to the person after a business commences operations in the city or the renewal of such a certificate, and the full payment of any required occupation tax.

Office of revenue means that office within the Department of Finance, the functions and duties of which shall include, but not be limited to: Billing and collections including billing of fees, taxes, rents, etc.; managing accounts receivable, managing outside collection efforts, revenue auditing, and audits of business license fees and tax payments.

Person means and includes sole proprietors, corporations, partnerships, or any other form of business organization.

Practitioners of professions or occupations is one who is by state law required to obtain a state license pursuant to the law regulating such profession or occupation. Such term shall not include a practitioner who is an employee of a business, if the business pays an occupation tax.

Regulatory fees has the same meaning as "regulatory fees" as defined in O.C.G.A. § 4813-5, as may be amended from time to time.

Return means all documents or forms filed with the payment of an occupation tax and/or those documents or forms, which may be used to determine any underpayment or overpayment on taxes paid in any previous year.

Taxpayer means the person from whom the occupation tax, imposed under this article, is due or was collected.

Within the jurisdiction of the city shall mean and include any area within the corporate limits of the City of Atlanta as the same currently exists or as they may be changed from time to time, and any area within the boundaries of the Hartsfield-Jackson Atlanta International Airport as the same currently exists or as they may be changed from time to time. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 1, 9-15-25)

Sec. 30-52. Levy.

As provided in this article and in accordance with state law, an occupation tax is hereby levied and assessed on each person engaged in any business, trade, profession or occupation located within the jurisdiction of the city and on each person whose business, trade, profession or occupation, is carried on, operated or performed within the jurisdiction of city; except that no occupation tax, regulatory fee or administrative fee is levied on any state or local authority or nonprofit organization. In the case of businesses and practitioners of professions and occupations with no location or office in the state within the meaning of O.C.G.A. § 48-13-7, an occupation tax shall be levied and assessed on such business, trade, profession or occupation as provided for in O.C.G.A. § 48-13-7. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 2, 9-15-25)

Sec. 30-53. Purpose and scope of tax.

The occupation tax levied in this article is for revenue purposes only and is not for regulatory purposes, nor is the payment of the tax made a condition precedent to the practice of any such profession, trade or calling. The occupation tax only applies to those businesses and occupations that are taxed by the local government pursuant to the pertinent general and/or local law and ordinance. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 3, 9-15-25)

Sec. 30-54. Administration.

The chief financial officer shall administer and enforce this article for the levy, assessment and collection of license fees, occupation taxes, and any fees, interest and penalties imposed in this article except for those fines or court costs that are judicially imposed.

Sec. 30-55. Violations.

Sec. 30-56. Effect of article upon previous ordinance.

The outstanding liabilities under prior ordinances shall continue and remain in force until such tax, fee, assessment, penalty or interest shall be fully paid. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-57. Duties of chief financial officer.

Sec. 30-58. Authority of chief financial officer to make rules and regulations.

The chief financial officer shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this article or other laws of the city and the state, or the constitution of this state or the United States, for the administration and enforcement of this article and the collection of the occupation tax under this article. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 6, 9-15-25)

Sec. 30-59. Compliance investigators.

Compliance investigators are authorized, when so designated by the chief financial officer, to conduct investigations in the manner provided elsewhere in this article. Compliance investigators are eligible to apply for status as code enforcement agents under section 98-1. In order to enforce code provisions and issue citations, compliance investigators must apply for and receive status as a code enforcement agent. Compliance investigators may cite individuals or persons for violation of this article but are not empowered to arrest any individual for any violation of this article, and, notwithstanding any authority to the contrary elsewhere in the Atlanta City Code of Ordinances, shall not arrest any individual for any violation of this article. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2006-75, § 1, 10-11-06)

Sec. 30-60. Exceptions to article.

Spectator Capacity Fee per Performance 0 to 500 $35.00 500 to 2,500 100.00 2,500 to 7,500 200.00 7,500 to 15,000 350.00 Over 15,000 500.00

No. 2025-35(25-O-1417), § 7, 9-15-25)

Sec. 30-61. Determination of amount.

The occupation tax amount shall be determined by the sum of three components:

Sec. 30-62. Administrative fee amounts; tax rate structure.

Fees for initial applications or renewals.

Year Amount Occupation tax certificates issued through December 31, 2025 Occupation tax certificates issued between January 1, 2026 — December 31, 2026 Occupation tax certificates issued on or after January 1, 2027 $75.00 $191.00 $215.00 Additional fees for amendments, multi-year applications, or final close.

Year Occupation tax certificates issued between January 1, 2026 — December 31, 2026 Occupation tax certificates issued between January 1, 2027 — December 31, 2027 Occupation tax certificates issued on or after January 1, 2028 Amount Up to $657.00 Up to $701.00 Up to $876.00 Commencing on January 1, 2028, the administrative fee for initial applications or renewals, and commencing on January 1, 2029, the administrative fee for amendments, final close, or multi-year applications, may be adjusted every two years based on changes in the Consumer Price Index for All Urban Consumers (CPI-U), as published by the U.S. Bureau of Labor Statistics (or any replacement index). The adjustment will be calculated by multiplying the current administrative fee amount by the percentage change in the CPI-U for the most recently completed 12-month period ending August 31.

The resulting fee shall be rounded to the nearest dollar. If the CPI-U shows a negative change, the fee shall remain unchanged for that year. The adjusted fee shall become effective on January 1 the following year (and subject to an amendment to the Atlanta City Code) and remain in effect until the next annual adjustment.

Tax Class 1 2 3 4 5 6 7 8 Flat Rate $0-$10,000.00 $50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus Tax Rate per $1,000.00 $0.60 0.75 0.85 1.10 1.40 1.65 1.90 2.15 The tax rate for occupation tax certificates issued between January 1, 2026 and December 31, 2026, for each business, trade, profession or occupation shall be as follows:

Tax ClassFlat Rate $0-$10,000.00Tax Rate per $1,000.00 1 $50.00 plus 2 50.00 plus 3 50.00 plus 4 50.00 plus 5 50.00 plus 6 50.00 plus 7 50.00 plus 8 50.00 plus $0.81 1.01 1.14 1.48 1.88 2.21 2.55 2.88 The tax rate for occupation tax certificates issued on or after January 1, 2027, and for each year thereafter for each business, trade, profession or occupation shall be as follows:

Tax ClassFlat Rate $0-$10,000.00Tax Rate per $1,000.00 1 $50.00 plus $1.01 2 50.00 plus 1.26 3 50.00 plus 1.43 4 50.00 plus 1.85 5 50.00 plus 2.35 6 50.00 plus 2.77 7 50.00 plus 3.19 8 50.00 plus 3.61

Year Amount Occupation tax certificates issued through December 31, 2025 Occupation tax certificates issued between January 1, 2026 - December 31, 2026 Occupation tax certificates issued on or after January 1, 2027 $200,000,000 $400,000,000 $600,000,000

Tax Class 1 2 3 4 5 6 7 8 Flat Rate $0—$10,000.00 $50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus 50.00 plus Tax Rate per $1,000.00 $0.60 0.75 0.85 1.10 1.40 1.65 1.90 2.15

Sec. 30-63. Professional occupation tax.

Sec. 30-64. Separate businesses.

Where a business is operated at more than one location or where the business includes more than one line, such business will pay an occupation tax in accordance with the prevailing taxing method and tax rate for the dominant line at each location. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-65. Occupation tax certificate required; renewal; transacting business when registration delinquent.

Sec. 30-66. Duration of occupation tax certificate.

Sec. 30-67. Nonprofit entities.

Editor’s note—Ord. No. 2025-35(25-O-1417), § 13, adopted Sept. 15, 2025, repealed the former § 30-67, and enacted a new § 30-67 as set out herein. The former § 30-67 pertained to fees for registration of business and derived from Ord. No. 2004-80, § 1(Exh. B), 10-20-04.

Sec. 30-68. Dominant line of business.

The business registration of each business operated in the city shall identify the dominant line of business that the business conducts, and subordinate lines when appropriate. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-69. Penalties for failure to obtain occupation tax certificate, failure to make timely payment; interest upon unpaid taxes.

Sec. 30-70. Reserved.

Sec. 30-71. Payment of tax; effect of transacting business when tax delinquent.

Sec. 30-72. Casual and isolated activity.

Nothing contained in this article shall be interpreted as to require any person who may engage in casual or isolated activity and commercial transactions involving personal assets and not the principal occupation of the individual to obtain an occupation tax certificate and pay a tax therefor. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 16, 9-15-25)

Sec. 30-73. Refunds.

Sec. 30-74. Change of address.

Any person required to obtain an occupation tax certificate with the office of revenue and who changes the place of operation shall notify the chief financial officer of the new address in writing on a form provided by the chief financial officer, or via an available electronic platform, no later than the day of moving. The same occupation tax certificate will be valid at the new location if the new location conforms to the zoning regulations of the city. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 18, 9-15-25)

Sec. 30-75. Returns confidential.

In accordance with O.C.G.A. § 48-13-15, except in the case of judicial proceedings or other proceedings necessary to collect the occupation tax levied in this article, it shall be unlawful for any officer, employee, agent or clerk of the city or any other person to divulge or make known in any manner the amount of gross receipts or any particulars set forth or disclosed in any occupation tax return required under this article. All contents of the return pertaining to the determination of the amount of occupation tax shall be confidential and open only to the officials, employees, agents or clerks of the city using such returns for the purpose of this occupation tax levy and the collection of the tax. Independent auditors or bookkeepers employed by the city shall be classed as employees. Nothing in this article shall be construed to prohibit the publication by the city officials of statistics, so classified as to prevent the identification of particular reports or returns and items thereof, the inspection of the records or returns and items thereof or the inspection of the records by duly qualified employees of the tax departments of the state, the United States and other local governments. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 19, 9-15-25)

Sec. 30-76. Certificate to be available for inspection.

The occupation tax certificate issued for any business location shall be available for inspection at the address listed on the certificate and shall be displayed to any authorized enforcement officer of the city when so requested. This requirement may also be satisfied by posting the occupation tax certificate in some conspicuous place at the address listed on the certificate. This section does not apply to practitioners of professions listed in section 30-63. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 20, 9-15-25)

Sec. 30-77. Paying tax of business with no location in state.

Registration and assessment of an occupation tax is imposed on those businesses and practitioners of professions with no location or office in the state if the business's largest dollar volume of business in the state is in the city, and the business or practitioner:

Sec. 30-78. Number of businesses considered to be operating in city.

Where a person conducts business at more than one fixed location, each location shall be considered a separate business for the purpose of the occupation tax. When a practitioner of a profession operates a business at a separate location which is different than the practice of one of the professions listed in section 30-63, such business shall be considered a separate business. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 21, 9-15-25)

Sec. 30-79. Practitioners exclusively practicing for a government.

Any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state or instrumentalities thereof shall not be required to pay an occupation tax for that practice. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-80. Allocation of gross receipts of business with multiple intrastate or interstate locations.

Sec. 30-81. Tax inapplicable where prohibited by law or provided for pursuant to other existing law.

An occupation tax shall not apply to the gross receipts of any part of a business where such levy is prohibited or exempted by the laws of the state or of the United States. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-82. Taxes levied on businesses that commence operations after January 1 each year.

Sec. 30-83. Overpayment or underpayment of tax.

Sec. 30-84. Public hearing before tax increase.

The city shall conduct at least one public hearing before adopting any ordinance or resolution regarding the occupation tax. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04; Ord. No. 2025-35(25-O-1417), § 24, 9-15-25)

Sec. 30-85. Copy of latest state tax return or other appropriate documentation of gross receipts required for occupation tax certificate; locations and records open to inspection; record retention requirements.

Sec. 30-86. Appeal of decisions of the chief financial officer; claims for refunds.

The chief financial officer shall make a written determination on all appeals, except for claims for refunds, within six months of its filing. Other than a refund claim, any appeal, not acted on within six months is deemed denied.

Secs. 30-87—30-89. Reserved.

Sec. 30-90. Effective date; repeal of prior levy; levy;

[Sec. 30-91. Reserved.]

Sec. 30-92. Attorneys not required to register.

Sec. 30-93. Calculation of amount of tax.

An attorney who practices law in the jurisdiction of the city shall at their option have their tax rate determined, but not the time of payment, in the manner set forth in subsection 30-63(b)(1) and subsection 30-63(b)(2). (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-94. Date when taxes are due; date when taxes become delinquent; amount of interest and penalties.

Sec. 30-95. Option of the chief financial officer to send bills.

Sec. 30-96. Tax execution imposed for failure to pay the occupation tax An attorney required to pay the occupation tax and who fails to do so in the manner provided by this article, shall be liable to have the tax and any penalties and interest collected by the issuance of execution by the revenue collection administrator, ex officio marshal or deputy pursuant to O.C.G.A. § 48-13-26. Further proceedings concerning the execution procedure employed in the enforcement of this section shall be as provided by state law. Notwithstanding any language to the contrary in other sections of this article, the use of tax executions and the reporting of any alleged mis-representations as set forth in sec-tion 30-95 shall be the sole mechanism for enforcement of the occupation tax levy against attorneys. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Sec. 30-97. Payment of city funds to attorneys or law firms employing attorneys not in compliance with the requirements of this division is not authorized; occupation tax payments to be considered in employment of attorneys by the city.

Sec. 30-98. Appeals and refund claims.

Appeals of decisions of the chief financial officer and/or refund claims under this division shall be as provided in section 30-86. (Ord. No. 2004-80, § 1(Exh. B), 10-20-04)

Secs. 30-99, 30-100. Reserved.

DIVISION 2. RESERVED* Secs. 30-101—30-199. Reserved.

DIVISION 3. RESERVED† Secs. 30-200—30-299. Reserved.

Sec. 30-300. Purpose of the program.

†Editor’s note—Ord. No. 2025-35(25-O-1417), § 32, adopted Sept. 15, 2025, repealed Div. 2, §§ 30-200—30-218, which pertained to exemption available for restaurants where smoking is entirely prohibited on a voluntary basis and derived from Ord. No. 2000-55, § 1, 10-10-00.

steps necessary to get the technology to the marketplace can be made easier by tax exemption and reduced cost of regulatory compliance. The city wishes to reduce the start-up costs to new businesses by providing specific regulatory and taxation relief until such business ventures become ready to compete in the marketplace.

Sec. 30-301. Definitions.

Business entity means any sole proprietorship; corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership.

Initial registration year means the first tax year that the exemption provided by this division is made available or the tax year in which a qualifying business is organized.

Qualifying business means a business entity (i) not previously doing business in the jurisdiction of the city in any other form; (ii) that applies for a business license in a type of business classification that has been designated as consistent with the intent of this division through reference to a classification in the North American Industry Classification System ("NAICS") or an equivalent Standard Industrial Classification that can reasonably be cross-referenced to the NAICS that is from time to time approved for an exemption by the governing authority; and (iii) the application for business license or renewal is made in an operating year that qualifies for an exemption.

Revenue means the same as gross receipts which are defined elsewhere in this article.

Start-up means a business entity whose business form is in the initial registration year.

Start-up exemption means an exemption provided to a start-up business whose operations are conducted primarily at a certified business incubator location and whose operating characteristics meet the requirements of this division.

Tax year means any year in which taxes imposed under Chapter 30 should have been paid without regard to whether the taxpayer was registered with the office of revenue.

Year of operations means a calendar year in which a qualifying business conducts business in the jurisdiction of the City of Atlanta including those years when such business was not registered with the office of revenue. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-302. NAICS classifications approved for exemptions.

The governing authority has adopted by ordinance and may from time to time add or delete those NAICS classifications considered to support the intent of this division. The director shall maintain a record of the NAICS classifications which are approved to provide start-up exemptions for qualifying businesses. The removal of an NACIS classification from the list of businesses for which an exemption can be granted shall not cause a business which received an exemption to lose such exemption until after its third year of operations. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-303. Registration and renewal required.

Sec. 30-304. Administrative fees exempted.

No qualifying business shall be charged an administrative fee in connection with its registration or renewal in those operating year when exemptions available. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-305. Amount of tax exempted.

No qualifying business shall be taxed on the first $1,000,000.00 of gross receipts for the first three years of operations, specifically including the year of registration. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-306. Per employee tax exempted.

No qualifying business shall be taxed on the number of employees for the first three years of operations, specifically including the year of registration, except where the business has more than $1,000,000.00 of gross receipts in which case, the per employee exemption shall only apply to five employees. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-307. Operating years when exemptions available.

Sec. 30-308. Change of business form or name.

A change of business form or name by a business entity in business for three previous years shall not be sufficient for a business entity to be classified as a qualifying business even if such business operates in a field that has been designated as consistent with the aim of this division through reference to a classification in the North American Industry Classification System ("NAICS"). The chief financial officer is authorized to make a determination as to whether a business entity which has applied for an exemption is in fact operating as a start-up business or has operated under a different business form or business name. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-309. Transfer of revenues to or from other entities.

It is the intent of this division that an exemption from taxes be provided only for those qualifying businesses on gross receipts of up to $1,000,000.00 received in connection with their operations in an operating year when such exemptions would be available. The transfer of gross receipts or revenue to other business entities to avoid the payment of tax shall result in the Transfers of revenues earned by other business entities to a qualifying business in an operating year when exemptions are available shall not eligible for an exemption. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-310. Gains from investments in qualified businesses.

Sec. 30-311. Refunds for fees or taxes paid for prior operations.

Under no circumstance shall any part of this division or this article be construed to authorize refunds for a business entity which has paid any tax or fee prior to the enactment of this division. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-312. Penalties for filing false applications or renewals.

Sec. 30-313. Requesting additional data authorized.

The chief financial officer is authorized to issue a business license to a start-up business that grants permission for operation in the City of Atlanta in the same manner an any other business license; provided however that gathering of such additional information as deemed necessary by the office of revenue for efficient management of the exemptions may be made a part of the application process. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-314. Penalties for filing false applications or renewals for start-up business exemption or filing false returns.

Sec. 30-315. Enforcement provisions.

Any provision of this division may be administered or enforced through the use of any and all other regulations set forth elsewhere in this article or in the general law. It is the specifically intended that any method of enforcement which could be used to determine if an occupation tax was correctly paid can be used to determine whether an exemption will be or was correctly granted or whether the amount of the exemption taken by a taxpayer was proper in amount. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-316. Appeals.

An appeal of a decision of the chief financial officer or his designee as to whether an exemption will be or was correctly granted or whether the amount of the exemption taken by a tax payer was proper in amount is an administrative decision which shall be appealed in the same manner as decisions and in the method that is set forth elsewhere in this article. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-317. Compliance with other laws.

The approval of a start-up business exemption by the office of revenue shall not excuse any business from any type of filing or certification required by state law or this Code. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Sec. 30-318. Severability.

In the event that any part of this division is declared invalid for any reason such that the exemption provided in division cannot be granted, this division is intended to be fully severable from the levy of the occupation tax and all parts of this article which support collection. (Ord. No. 2015-13(15-O-1078), § 1(Exh. A), 3-1115)

Secs. 30-319—30-485. Reserved.

ARTICLE IV. RESERVED* Secs. 30-486—30-525. Reserved.

ARTICLE V. AUTOMOBILE OR MOTORCYCLE RACES†

Sec. 30-526. Permit required.

Every person desiring to conduct or promote an automobile or a motorcycle race within the corporate limits of the city or upon any property over which the city has police jurisdiction, shall, before engaging in the business, undertaking or enterprise, obtain a permit therefor from the mayor in the manner set forth in this article. (Code 1977, § 14-6451(a))

Charter reference—Extraterritorial jurisdiction along sewer lines, water lines, etc., § 1-102(c)(47).

*Editor’s note—Ord. No. 2008-14(08-O-0332), § 1, approved March 11, 2008, repealed art. IV, §§ 30-486, 30-487, 30-501—30-506, in its entirety. Formerly, said article pertained to astrology as enacted by Code 1977; as subsequently amended. The user's attention is directed to art. X of this chapter for similar provisions.

†Cross references—Amusements and entertainments, ch. 14; traffic and vehicles, ch. 150.

State law reference—State regulation of racetracks, O.C.G.A. § 43-25-1 et seq.

Sec. 30-527. Application for permit.

Any person desiring a permit to conduct or promote an automobile or a motorcycle race shall, before engaging in that business, file an application with the department of police upon such forms as may be supplied by the department. The applicant shall furnish to the department a sworn statement, setting forth any and all facts requested by the department, and the applicant shall truthfully answer all questions contained in the application. (Code 1977, § 14-6451(b))

Sec. 30-528. Issuance or rejection of permit.

The police chief shall make a recommendation as to the granting or refusal of the permit to conduct or promote an automobile or a motorcycle race to the license review board. The license review board shall conduct a hearing at a regularly scheduled meeting, and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Code 1977, § 14-6451(c); Ord. No. 2008-79(08O-1677), § 9, 11-6-08)

Secs. 30-529—30-550. Reserved.

ARTICLE VI. BONDING AGENTS (BONDSPERSON)* DIVISION 1. GENERALLY

Sec. 30-551. 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:

Professional bondsperson means any person who shall for compensation sign any bond for the appearance of any accused person in the municipal court or any court of the city or of Fulton County or who shall procure bond for that person or who shall deposit collateral for that person in lieu of bond. (Code 1977, § 14-6032)

Cross reference—Definitions generally, § 1-2.

Sec. 30-552. Violations and penalties.

State law reference—Professional bondsmen, O.C.G.A. § 17-6-50 et seq.

ing of any evasion or violation of this article or any part thereof by any person fails to report it immediately to the police chief shall be guilty of conduct unbecoming an officer and, on conviction thereof by the council, shall be discharged from the service of the city.

Sec. 30-553. Exemptions.

Nothing contained in this article shall be construed as affecting the right of a citizen to sign a bond not for compensation or the right of surety companies that have complied with the laws of the state regulating those companies to carry on their regular business. (Code 1977, § 14-6031)

Sec. 30-554. State license required; underwriter.

In addition to any other requirements contained in this article, no professional bondsperson or agent or subagent of a bondsperson shall be permitted to sign bonds for any person imprisoned unless the professional bondsperson, agent or subagent shall have previously procured the following:

Sec. 30-555. Presence in police station; speaking to prisoners; identification.

Sec. 30-556. Reports; records.

Secs. 30-557—30-565. Reserved.

Sec. 30-566. Permit required; prerequisite to issuance of license.

Sec. 30-567. Permit required for visiting prisoner, signing bond.

No professional bondsperson or agent thereof may visit prisoners or sign bonds for any person imprisoned unless the bondsperson or agent shall have procured a permit from the mayor. (Code 1977, § 14-6038)

Sec. 30-568. Petition for permit.

Sec. 30-569. Criminal record of applicant for permit.

The police chief shall require every applicant for a permit for a professional bondsperson to show a complete record of any conviction in any court for the violation of any offense or any crime and to present to the police chief such other information as will enable the police chief to determine the character of the professional bondsperson or agent. (Code 1977, § 14-6039)

Sec. 30-570. Deposit of negotiable securities required.

See. 30-571. Investigation of petition for permit.

The license review board shall investigate thoroughly every petition for a permit for engaging in the business of professional bondsperson and shall verify all schedules required in section 30-568. The board shall not recommend the issuance of a permit to a professional bondsperson unless the petition and accompanying schedules shall clearly show that the petitioner is the owner of real property in Fulton County of a fair market value, in excess of encumbrances, equal to the total of all bonds upon which the petitioner may at that time appear as surety, plus the amount allowed as exemption under the homestead laws of the state. If the petitioner is not surety on any bonds at the time of application, the petition shall clearly show that the petitioner is financially responsible. (Code 1977, § 14-6036)

Sec. 30-572. Authority to require additional schedules of property, bonds; authority to bar insolvents.

The department of police may at all times require a professional bondsperson to submit schedules of property and of bonds upon which the bondsperson appears as surety. If the schedules disclose the insolvency or inability of a bondsperson to sign bonds because of an excess of liability over assets, the department of police may bar the bondsperson from signing further bonds in city cases for so long as the insolvency or inability exists. Any professional bondsperson who shall fail to furnish these schedules within five days after demand or who shall furnish a false schedule shall thereafter be barred from signing bonds in connection with cases in the courts of the city. (Code 1977, § 14-6037)

Sec. 30-573. Fingerprinting required.

As a condition to granting a permit under this division, the police chief shall cause the bondsperson or agent to be fingerprinted. (Code 1977, § 14-6040)

Sec. 30-574. Suspension or revocation of permit.

Secs. 30-575—30-595. Reserved.

ARTICLE VII. DOOR TO DOOR SALES* DIVISION 1. GENERALLY

Sec. 30-596. 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:

Consumer goods and services means goods or services purchased, leased or rented primarily for personal, family or household purposes, including courses of instruction or training regardless of the purpose for which they are taken.

Door to door sale means a sale, lease or rental of consumer goods and services in which the seller or the seller's representative personally solicits the sale, except those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller. The term door to door does not include a transaction:

Cross references—Telephone sales campaigns, § 30-1381 et seq.; charitable solicitations, ch. 42.

State law references—Peddlers and itinerant traders, O.C.G.A. § 43-32-1 et seq.; buyer's right to cancel home solicited sales, O.C.G.A. § 10-1-6.

or the seller's representative prior to delivery of the goods or performance of the services;

Person means any person, partnership, corporation or association engaged in the door to door sales of consumer goods and services. (Code 1977, § 14-5202)

Cross reference—Definitions generally, § 1-2.

Sec. 30-597. Hours of solicitation.

It shall be unlawful for any person, while conducting the activities of solicitation pursuant to chapter 30, article VII, whether licensed or unlicensed, to enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 8:00 p.m. and 9:00 a.m. on any day. (Ord. No. 1997-13, § 3, 3-10-97)

Secs. 30-598—30-610. Reserved.

See. 30-611. Required.

See. 30-612. Exemptions.

Sec. 30-613. Application.

Sec. 30-614. False information contained in application.

Any material omission, untrue or misleading information contained in or left out of an original, renewal or transfer application for a permit under this division shall be cause for the denial thereof, and if any permit has previously been granted under these circumstances, such shall constitute cause for the revocation of the permit. (Code 1977, § 14-5205)

Sec. 30-615. Fees.

Sec. 30-616. Renewal.

A permit required under this division shall be renewed on or before the anniversary date of the issuance of the original permit in the calendar year in which the permittee proposed to operate. (Code 1977, § 14-5206)

Sec. 30-617. Suspension or revocation.

Sec. 30-618. Entry upon signed premises unlawful.

It shall be unlawful for any person, while conducting the activities of solicitation pursuant to chapter 30, article VII, whether licensed or unlicensed, to enter upon any residential premises in the city where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. (Ord. No. 1997-13, § 4, 3-10-97)

Sec. 30-619. Violations and penalty.

Secs. 30-620—30-640. Reserved.

ARTICLE VIII. RESERVED* Secs. 30-641-30-690. Reserved.

ARTICLE IX. FOOD ESTABLISHMENTS†

Sec. 30-691. License; health department approval required.

Any person desiring to open a restaurant or any establishment for the sale of food, sandwiches, cold drinks and other items of food for human consumption shall file an application for a license with the chief financial officer setting out the location selected and showing the general nature of the operation to be carried on. If the establishment to be licensed is located in Fulton County, *Editor’s note—2025-09(25-O-1123) , § 6, adopted March 25, 2025, repealed Art. VIII, ;§s; 30-641, 30-651-30-656, 30-666-30-668, which pertained to escort services and derived from Code 1977, §§ 14-6111-14-6119, 14-6122, 19-14.024— 19-14.026; Ord. No. 1999-23, § 1, 2-9-99; Ord. No. 2000-7, §§ 4, 5, 2-15-00; Ord. No. 2008-79(08-O-1677), § 12, 11-6-08.

†Cross reference—Health and sanitation, ch. 86.

the chief financial officer shall promptly notify the Fulton County health department of the application. If the establishment is located in DeKalb County, the chief financial officer shall notify the DeKalb County health department of the application. Upon receipt of information in writing from the appropriate health department that the premises where the proposed operation is to be carried on complies with the health and sanitation requirements of the law and rules applicable thereto, the chief financial officer shall forthwith issue to the applicant a license to operate the establishment upon receipt of the proper license fee for that operation. (Code 1977, § 14-6141)

Sec. 30-692. Permit required for private clubs, fraternal orders, similar organizations.

Any group, association, fraternal order, club or other organization, whether incorporated or not, which has a regular place of assembly in which food or beverages are served or sold and which place of assembly is locked or not open to the general public or is not open to inspection by the police, whether dues are assessed or membership rosters maintained, must before maintaining or operating the place of assembly obtain a permit from the mayor through application to the department of police and license review board. Application fees are $100.00 and are payable at the time of application. Annual/ renewal fees for permits are set at $200.00. (Code 1977, § 14-6142; Ord. No. 1999-20, § 1, 2-9-99)

Sec. 30-693. Drive-in lighting standards.

Secs. 30-694—30-715. Reserved.

ARTICLE X. HANDWRITING ANALYSIS, FORTUNETELLING, AND ASTROLOGY* DIVISION 1. GENERALLY

Sec. 30-716. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings *Editor’s note—Section 3 of Ord. No. 2008-14(08-O0332), approved March 11, 2008, provided for repeal of art. X. Section 4 of Ord. No. 2008-14(08-O-0332) enacted a new art. X to read as herein set out. Formerly, said article pertained to similar subject matter and was entitled handwriting analysis and fortunetelling.

Charter reference—Authority relative to fortunetelling, § 1-102(c)(19).

ascribed to them in this section, except where the context clearly indicates a different meaning:

Astrology means the interpretation of human experience based upon an examination and correlation to celestial activity for fee, gift or donation.

Fortunetelling means the prediction of the future for a fee, gift or donation.

Handwriting analysis means the interpretation of human experience based upon an examination of handwriting or other inscription done by hand for fee, gift or donation. (Code 1977, § 14-6490; Ord. No. 2008-14(08-O0332), § 4, 3-11-08)

Cross reference—Definitions generally, § 1-2.

Secs. 30-717—30-725. Reserved.

Sec. 30-726. Required.

It shall be unlawful for any person to practice handwriting analysis, fortunetelling or astrology unless that person holds a valid unexpired and unrevoked license to engage in the practice of handwriting analysis, fortunetelling or astrology issued by the city. (Code 1977, § 14-6490; Ord. No. 2008-14(08-O0332), § 4, 3-11-08)

Sec. 30-727. Application and license fees.

Sec. 30-728. Grounds for denial.

Sec. 30-729. Revocation, suspension.

Any person failing to comply with any section of this article or such other laws and regulations as may be passed by the council for the conduct of the business of handwriting analysis, fortunetelling, or astrology shall be subject to having the license to conduct the business revoked or suspended upon appropriate notice of hearing. (Code 1977, § 14-6492; Ord. No. 2008-14(08-0 0332), § 4, 3-11-08)

Secs. 30-730—30-750. Reserved.

ARTICLE XI. HOTELS, LODGINGHOUSES AND ROOMINGHOUSES* DIVISION 1. GENERALLY

Sec. 30-751. 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:

Roominghouse means a house or building in which sleeping or eating facilities or both are provided for the accommodation of five or more persons who are charged for boarding or rooms or both, by the day, week, month or for each meal. This definition of a roominghouse shall not include an apartment house, which means a building wherein living facilities, such as a living room, bedroom, kitchen and bath, are provided for a person or family and where the building is capable of accommodating two or more families who would have separate living facilities. Any house or residence called an apartment shall be considered a roominghouse under this definition if the house or apartment is used to room or board five or more persons who are charged for board or rooms and who do not have separate living facilities, such as living room, bedroom, kitchen and bath. (Code 1977, § 14-6171)

Cross reference—Definitions generally, § 1-2.

Sec. 30-752. Permit for bellhops and house detectives in hotels.

Land development code references—Housing code, § 8-2181; housing code requirements for roominghouses, boardinghouses, residence hotels, single room occupancy residences and buildings with special uses, app. F, § 26.

employed in one of the employments named, stating such person's correct name and giving such person's address, together with such person's age and former employment, and any other information required by the police chief. The application shall be in writing and shall be filed with the police chief. The statement or application shall have endorsed thereon a statement or shall be accompanied by a letter signed by three reputable citizens, not related by blood or marriage to the applicant, who are residents of the city, none of whom have any interest in the hotel where the employee is to work or serve, attesting to the good character of the applicant.

Sec. 30-753. Locking doors to upper floors during certain hours.

It shall be unlawful for any person operating a public roominghouse or hotel located on the second floor or other upper floors of a building with stairways leading thereto to keep the doors located in the stairways or in the halls to which the stairways lead locked between the hours of 6:00 a.m. and 12:00 midnight. During those hours the doors shall remain unlocked so that members of the department of police shall have free and unrestricted access thereto when necessary to suppress disorder or detect crime. (Code 1977, § 14-6176)

Secs. 30-754—30-765. Reserved.

Sec. 30-766. Required.

Any person desiring to open or operate a hotel, lodginghouse, roominghouse or similar place shall, before opening or operating this house or place, obtain a license according to the procedures established in this division. (Code 1977, § 14-6172)

Sec. 30-767. Application.

Sec. 30-768. Revocation.

Secs. 30-769—30-790. Reserved.

ARTICLE XII. RESERVED* Secs. 30-791—30-815. Reserved.

Editor’s note—Ord. No. 2008-15(08-0-0334), § 1, approved March 11, 2008, repealed art. XII, §§ 30-791—30-796, in its entirety. Formerly, said article pertained to hypnosis as enacted by Code 1977; as subsequently amended.

Sec. 30-816. 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:

Insurer means a company which is authorized to transact business in any of the classes of insurance designated in O.C.G.A. § 33-3-5(1). (Code 1977, §§ 14-5181(a), 19-14.020(a))

Cross reference—Definitions generally, § 1-2.

Sec. 30-817. Insurer's license fees.

There is levied an annual license fee in the amount of $150.00 upon each insurer doing business within the city. For each separate business location in excess of one not covered by section 30-818, which is operating on behalf of such insurer within the city, there is levied a license fee in the amount of $150.00. (Code 1977, §§ 14-5181(a), 19-14.020(a))

State law reference—License fee authorized, O.C.G.A. § 33-8-8.

Sec. 30-818. License fee for insurers insuring certain risks at additional business locations.

For each separate business location not otherwise subject to a license fee under this article that is operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes applications for insurance through a licensed agent of an insurer for insurance, the insurer shall pay an additional license fee of $52.50 per location for each year. (Code 1977, §§ 14-5181(b), 19-14.020(b))

Sec. 30-819. License fees for independent insurance agencies, brokers not otherwise licensed.

There is levied an annual license fee upon independent agencies and brokers for each separate business location from which an insurance business is conducted and which is not subject to the company license fee imposed by section SO817 in the amount of $150.00 for each such location within the city. (Code 1977, §§ 14-5181(c), 19-14.020(c))

State law reference—Additional fee for separate locations authorized, O.C.G.A. § 33-8-8.

See. 30-820. Due date for license fees.

License fees imposed under this article shall be due and payable on or before January 25. The fees shall be collected by the city as provided by law. (Code 1977, § 14-5181(1)

Secs. 30-821—30-840. Reserved.

ARTICLE XIV. GYMNASIUMS, HEALTH CLUBS AND WEIGHT REDUCING OR BODY BUILDING INSTITUTIONS

Sec. 30-841. Business license required Every gymnasium, health club, aerobics club or slimnastics club owner/operator must first obtain a license before transacting new business or continuing to transact ongoing business.

Upon completion of the application, the licenses & permits unit shall assign a hearing date before the license review board. At the hearing, the applicant and the licenses and permits unit shall present all evidence regarding the application to the license review board. The license review board shall conduct the hearing and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

Annual/renewal fees for a license under this subsection are $500.00. In no event shall an owner/operator of a gymnasium, health club, aerobics club or slimnastics club be required to pay for more than one license under this subsection. In the event that a single owner/operator has more than one type of activity within a single business, that owner/operator shall obtain the more inclusive license of either a gymnasium or health club. (Code 1977, § 14-5191(a); Ord. No. 1999-15, § 1, 2-9-99; Ord. No. 2008-79(08-0-1677), § 15, 11-6 08)

Secs. 30-842—30-850. Reserved.

Temporary help. This article does not apply to temporary help, which, for purposes of this article, means services that deal with supplying secretarial employees, clerical employees, skilled laborers, specialized assistants, or other positions requiring specialized or executive skills. (Code 1977, § 14-6511)

Cross reference—Definitions generally, § 1-2.

Sec. 30-852. Compliance with article provisions.

ARTICLE XV. LABOR POOLS* DIVISION 1. GENERALLY

Sec. 30-851. 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:

Labor pool means and includes any business whose principal function is to maintain and employ a pool of unskilled manual laborers for the purpose of contracting with others to make such manpower available to them on a short-term assignment basis.

Short-term assignment of casual labor means a work assignment for a term of 40 hours or less involving work for which neither entity nor person contracting or arranging for temporary employees requires any of the following from such employees:

*State law reference—Labor pools, O.C.G.A. § 34-10-1 et seq.

It shall be unlawful for any person to operate a labor pool without having first complied with the provisions of this article, including obtaining a license for the operation of a labor pool. (Code 1977, § 14-6518)

Sec. 30-853. Compliance with all applicable laws.

The labor pool must comply with all applicable provisions of state and federal law, which shall include but not be limited to the following provisions: Social Security Act, the Fair Labor Standards Act, Internal Revenue Code and state department of revenue laws, Occupational Safety and Health Act, Worker's Compensation, Unemployment Insurance, and the state law relating to labor pool regulation (O.C.G.A. § 34-10-1 et seq.). The law department shall verify compliance with the above laws. (Code 1977, § 14-6519)

Sec. 30-854. Records.

See. 30-855. Pay stubs.

If a labor pool chooses to pay workers in cash, it must issue a duplicate receipt to such worker. If a labor pool chooses to pay workers by check, the labor pool must issue a pay stub to the worker. The receipt or pay stub must state the number of hours worked and the amount of pay per hour. Each receipt or pay stub issued to a worker must also specify any deductions from the worker's gross pay. (Code 1977, § 14-6517)

Sec. 30-856. Improper deductions from pay stub.

If the labor pool makes improper deductions from pay, the license review board can condition the continuing grant of the license upon the labor pool's making restitution to the affected workers within a time period so specified by the license review board. (Code 1977, § 14-6522)

Sec. 30-857. Deductions for equipment used by workers.

Any labor pool licensed under this article shall not charge workers any rental fee or any type of fee for supplying any type of equipment to be used by the worker in performing any work assignment. (Code 1977, § 14-6520)

Sec. 30-858. Deductions for transportation of workers to and from work site.

Any labor pool licensed under this article shall not charge workers any expense, fee or cost for transporting such workers to and from job sites. (Code 1977, § 14-6521)

Sec. 30-859. Display of state law.

Every labor pool must give notice of the provisions of O.C.G.A. tit. 34, ch. 10 (O.C.G.A. § 34-10-1 et seq.) and this article to all workers. The provisions of the state law must be posted in a conspicuous place. (Code 1977, § 14-6528)

Secs. 30-860—30-870. Reserved.

Sec. 30-871. Required.

It shall be unlawful for any person, natural or corporate, to operate a labor pool, as defined in section 30-851, without having obtained a license in compliance with the requirements as set forth in this article. (Code 1977, § 14-6512)

Sec. 30-872. Application.

All persons desiring to obtain a license to operate a labor pool service within the city shall make written application to the police department of the city for an appropriate investigation. The application shall be addressed to the mayor and city council and shall set forth the following information:

See. 30-873. Fees.

Sec. 30-874. Inspection; issuance, denial; term.

As soon as the application is submitted in proper form to the police department with the requested information and accompanied by the correct investigation fee, an inspection and investigation shall be conducted by the police and law department. If all requirements of all departments concerned as well as those qualifications set forth in this article are satisfied, the license shall be issued by the police department. If such application is denied, the application shall be submitted to the license review board, which shall conduct a hearing and report its conclusions and recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. All licenses issued pursuant to this article shall be valid for a period of one year. (Code 1977, § 14-6515; Ord. No. 2008-79(08-0 1677), § 16, 11-6-08)

Sec. 30-875. Expiration; cancellation.

Any license issued under this article shall expire 12 months from the date of issuance unless canceled by the police department for cause be fore expiration. Cancellation for cause shall consist of the conviction of the original applicant, any partners, corporate officers or board members of the labor pool for a felony or misdemeanor of any state or the United States or any municipal ordinance relative to alcohol or drug offenses and related matters. (Code 1977, § 14-6523)

Sec. 30-876. Revocation; hearing.

A violation of any of the provisions of this article by any person holding a license under the provisions of this article shall constitute grounds for revocation of the license issued pursuant thereto. A hearing shall be scheduled, and notice of such hearing must be sent to the holder of the license specifying the reasons for the possibility of revocation of the licenses. After the hearing, the disposition of the license shall be determined within the sole discretion of the mayor. (Code 1977, § 14-6524)

Sec. 30-877. Renewal.

Any license issued under this article must be renewed for each year succeeding the initial issuance. A renewal application shall be accompanied by a renewal fee of $1,500.00. A renewal license shall be issued by the police department if the applicant continues to meet all prerequisites for obtaining an initial license and no action to deny, suspend or revoke the existing license is pending against the applicant. The labor pool must rectify any noncompliance with the provisions of this section, if any, before the labor pool license is renewed. (Code 1977, § 14-6525)

Sec. 30-878. License not in lieu of business license.

The license issued under this article shall be cumulative and not in lieu of any business license issued by the city. (Code 1977, § 14-6527)

Secs. 30-879—30-900. Reserved.

Sec. 30-901. 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:

Massage means any manner of manipulation, including but not limited to the rubbing, touching, stroking, kneading or vibrating of the superficial parts of the body, by direct or indirect physical contact with any portion of the body of a massage technician or by any form of contact with a massage apparatus.

Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric or electronic device or instrument or any device or instrument operated by manual, mechanical, hydraulic, hydrokinetic or electric power which is utilized by a massage technician for the purpose of administering a massage.

Massage establishment means any business established for profit which employs one or more massage technicians or any business that owns and operates or maintains for profit one or more massage apparatus, including but not limited to bathhouse equipment, and which, for a good or valuable consideration, offers facilities and personnel to the public for the administration of massages.

Massage technician means any person, whether male or female or whether or not a masseur or masseuse by profession, who by direct or indirect physical contact with the body of another or by use and operation of a massage apparatus and for any good or valuable consideration administers a massage. (Code 1977, § 14-6232)

Cross reference—Definitions generally, § 1-2.

Sec. 30-902. Records of licensee.

It shall be the duty of any person granted a license under this article to maintain correct and accurate records of the names and addresses of the persons receiving treatment at the establishment, the type of treatment administered and the name of the person of the establishment administering the treatment. The records shall be subject to inspection at any time by any member of the department of police. (Code 1977, § 14-6239)

See. 30-903. Names of employees filed with police chief.

It shall be the duty of every person holding a license under this article to file with the police chief the names of all employees, their home telephone numbers and places of employment. Changes in the list of employees with the names of new employees must be filed with the police chief within three days from the date of any such change. (Code 1977, § 14-6240)

Sec. 30-904. Patronage of massage establishment by underage person.

Secs. 30-905—30-950. Reserved.

DIVISION 2. LICENSES* See. 30-951. Required.

Sec. 30-952. Reserved.

Editor’s note—Ord. No. 2007-29(07-0-0765), § 2, adopted May 29, 2007, repealed § 30-952, which pertained to qualifications of massage technician. See also the Code Comparative Table.

Sec. 30-953. Qualifications of massage establishment.

ment as a massage establishment, provided also that all such signs shall otherwise comply with the general sign requirements of this Code;

Sec. 30-954. Application.

Any person desiring to obtain a license to operate a massage establishment shall make application to the department of police for an appropriate investigation. Such application shall be in writing, addressed to the mayor and city council, and shall set forth the following:

(11), (12) [Reserved.]

Sec. 30-955. Reserved.

Editor’s note—Ord. No. 2007-29(07-O-0765), § 6, adopted May 29, 2007, repealed § 30-955, which pertained to reciprocity. See also the Code Comparative Table.

Sec. 30-956. Fees.

Sec. 30-957. Inspection and investigation; issuance procedures; term.

Sec. 30-958. Transferability; change of location; display; inspection of establishment.

Sec. 30-959. Revocation.

Sec. 30-960. Disposal of inventory after revocation or suspension.

If the license of an operator under this division is suspended or revoked for some violation of this article, the mayor shall provide a period of time not to exceed 15 days for the holder of such license to dispose of the inventory. (Code 1977, § 14-6244)

Secs. 30-961—30-1065. Reserved.

ARTICLE XVII. PARKING LOTS AND PARKING GARAGES* DIVISION 1. GENERALLY

Sec. 30-1066. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Park for-hire means any facility for the parking of motorized vehicles, for which service or facility the operator thereof charges a fee.

Operator means the person who is the owner of and is responsible for the operation of each park-for-hire facility, whether such operator is in fact the title owner of the premises itself.

Shared-use park-for-hire refers to the operation of a park-for-hire facility by an operator on property of which a portion is otherwise required of an establishment for the purpose of parking vehicles during that establishment's business hours.

Primary establishment(s) refers to the business entity or entities whose parking is being shared, during non-business hours, with a commercial parking operator for the purpose of shared-use park-for-hire operations.

Attendant/cashier means a person on duty at any park-for-hire facility employed by or an agent of the operator thereof.

Corporate boundaries of the city means that area enclosed by the city limits as defined in a certain document entitled "Corporate Boundaries of the City of Atlanta," dated January 1, 1973, on file in the office of the municipal clerk.

Environmental barriers means such barricades, chains, walls, gates, wheel stops or other *Editor’s note—Ord. No. 2003-81, § 1, adopted July 29, 2003, repealed art. XVII, §§ 30-1066, 30-1081—30-1075, 30-1196—30-1207, in their entirety. Formerly, said article pertained to similar subject matter as enacted by Code 1977; as amended. See the Code Comparative Table for a detailed analysis of inclusion.

Cross reference—Stopping, standing and parking generally, § 150-86 et seq.

like structures around the perimeter of any park-for-hire facility as may be required to reasonably regulate and control the ingress and egress to and from the facility and to eliminate the encroachment of any vehicles parked on the facility onto or over adjacent properties, including sidewalks, streets, alleys, etc.

Special events includes but is not limited to sporting events, athletic contests, concerts or any other event that generates a large volume of vehicles near the park-for-hire facility at times other than normal business hours.

Ticket/stub means a distinctive piece of paper, plastic or other similar substance, which shall have printed thereon a ticket number and the full name and address of the park-for-hire facility.

Parking facility reservoir means an area located immediately inside the facility entrance and is to be used for the temporary storage of entering vehicles when the arrival rate exceeds the storage rate. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1067. Scope.

This article shall apply to all park-for-hire facilities operated in the corporate boundaries of the city. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1068. Compliance required.

Compliance with this article shall be a precondition to any permit issued by the city for the facilities regulated by this article. The enforcement of this article shall be the responsibility of the department of transportation. (Ord. No. 2003-81, § 1, 7-29-03; Ord. No. 201560(15-O-1134), § 1, 11-25-15; Ord. No. 2020-34(20O-1382), § 1, 6-23-20)

Sec. 30-1069—30-1080. Reserved.

DIVISION 2. PERMITS; ADMINISTRATIVE RULES

Sec. 30-1081. Violations.

It shall be unlawful for any person to engage in the operation of a park-for-hire facility, without having first complied with this chapter. Violations of this chapter are punishable with a fine of $1,000.00. Each and every day of a violation of this chapter shall constitute a separate offense and shall be punishable with an additional fine of $50.00 per day. (Ord. No. 2003-81, § 1, 7-29-03; Ord. No. 201560(15-O-1134), § 2, 11-25-15)

Sec. 30-1082. Required; application.

Sec. 30-1083. Fee; required.

Sec. 30-1084. Reapplication after ceasing operation.

Any park-for-hire facility which ceases operation for more than six months shall not subsequently be operated as a park-for-hire facility, except by making a new application for and receiving from the commissioner of the department of transportation a permit as required by this division. (Ord. No. 2003-81, § 1, 7-29-03; Ord. No. 201560(15-O-1134), § 5, 11-25-15; Ord. No. 2020-34(20O-1382), § 4, 6-23-20)

Sec. 30-1085. Time limit on validity of permit.

Any permit for an off-street park-for-hire facility granted by the mayor and council shall become void if the facility has not been placed in operation within 12 months after the approval of a parking lot or within 18 months after the approval of a parking garage. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1086. Investigation, report on application.

Upon receipt of an application pursuant to section 30-1081, traffic and transportation shall make a thorough and complete investigation and shall report thereon to the next meeting of the committee on transportation on such factors as:

Secs. 30-1087—30-1195. Reserved.

Sec. 30-1196. Violations.

Any operator violating this division shall be served with a citation, at such person's principal mailing address, of the violation. The person shall have ten days from the date of such notice to remedy the violation described. If the violation has not been corrected on or before the 10th day after the date of issuance of the violation notice, the person shall be deemed guilty of an offense. A conviction thereof shall be punished as provided in section 1-8 of the Code of Ordinances of the City of Atlanta. (Ord. No. 2003-81, § 1, 7-29-03; Ord. No. 201560(15-O-1134), § 6, 11-25-15)

Sec. 30-1197. Barriers; tickets/stubs.

All park-for-hire facilities within the corporate boundaries of the city shall provide and maintain the following:

Sec. 30-1198. Attendant/cashier.

This division shall not require that a park-forhire facility employ an attendant/cashier; however, at any facility where such is provided, the sections of this division pertaining thereto shall apply. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1199. Uniforms of attendants/ cashiers.

All attendants/cashiers at park-for-hire facilities which provide attendants/cashiers must be dressed if a uniform designated by the operator which readily identifies such attendants/cashiers as employees of the park-for-hire facility. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1200. Lighting.

Reasonable lighting shall be required for each park-for-hire facility during the hours that the facility is open for business. Subsection (2) of this section shall only be required at new facilities. Where applicable, public street lighting may be utilized to either partially or totally fulfill the following requirements; however, where such street lighting is removed it shall be the responsibility of the parking facility to independently provide these required levels of illumination.

The minimum safety illuminance value for areas used by the public in open park-for-hire facilities for such levels of activity shall be as follows:

Level of Activity Lux Footcandles Low Activity 2 0.2 Medium Activity 6 0.6 High Activity 10 0.9

Minimum Illumination Area Intensity (in Footcandles)

Stairways and exits 10 Interior driving aisles center 5 line Interior parking areas at bar 0.5 rier railings Roof parking areas 0.5

Sec. 30-1201. Park-for-hire notice signs; required.

The notice sign shall be posted at the main entrance to the lot in such a manner so that it is easily viewable from the driver's seat of an entering vehicle. The cost to produce and post such notice sign shall be borne by the operator of the facility.

Sec. 30-1202. Posting of fee structure; required.

A sign setting forth the rates for any and all fees which shall be required of any parking patron for the use of the park-for-hire facility. This sign shall be posted at the main entrance to the lot in such a manner so that it is easily viewable from the driver's seat of an entering vehicle. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1203. Responsibilities during business hours.

A park-for-hire facility shall be operated and fees chargeable only during business hours as posted on its notices required under section 30 1202 or during the hours of operation for special events. At facilities where an attendant/cashier is provided, the operator shall have no responsibility to provide an attendant/cashier during nonbusiness hours.

Sec. 30-1204. Monthly parking facilities.

In park-for-hire facilities that provide only monthly parking, the sections of this division pertaining to issuance of a ticket/stub shall not be required. However, all other sections of this division shall be required. (Ord. No. 2003-81, § 1, 7-29-03)

Sec. 30-1205. Parking facility reservoirs; required.

Sec. 30-1206—30-1230. Reserved.

ARTICLE XVIII. PRIVATE SECURITY SERVICES AND PRIVATE INVESTIGATORS* DIVISION 1. GENERALLY

Sec. 30-1231. 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:

Private detective business means engaging in the business of or accepting employment to obtain or furnish information with reference to:

The term "private detective business" includes persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship, unless the employer is in the detective business.

’Cross references—Street patrols, § 30-1341 et seq.; burglar or robbery alarm systems, § 70-26 et seq.; law enforcement, ch. 98.

State law reference—Private detectives and security agencies, O.C.G.A. § 43-38-1 et seq.

Private security business means engaging in the business or accepting employment as a private patrol, watchperson or guard service for consideration on a private contractual basis and not as an employee. The term "private security business" includes persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship, unless the employer is in the private security business. (Code 1977, § 14-6494)

Cross reference—Definitions generally, § 1-2.

See. 30-1232. Purpose.

The purpose of this article is to provide maximum requirements for private security business and employees working as private security agents in the city. (Code 1977, § 14-6493)

Sec. 30-1233. Carrying weapons.

This article does not authorize the carrying of weapons by the persons having a permit under this article. (Code 1977, § 14-6497)

Sec. 30-1234. Uniform; vehicles.

It shall be unlawful for any person having a permit under this article to wear uniforms and to use vehicular markings which are confusingly similar to the uniform and vehicular markings of the department of police. (Code 1977, § 14-6499)

Secs. 30-1235—30-1245. Reserved.

Sec. 30-1246. Registration; issuance.

State law reference—State license as prerequisite, O.C.G.A. § 43-38-14.1.

Sec. 30-1247. Application; issuance.

Sec. 30-1248. Suspension or revocation.

The police chief may, after hearing, suspend or permanently revoke a permit or refuse to renew a permit issued under this division if it is determined that the holder of such permit or registration has committed an act which is a violation of this article or the provisions of any federal or state law which reasonably relates to the security industry. (Code 1977, § 14-6498)

Secs. 30-1249—30-1270. Reserved.

Sec. 30-1271. 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:

Tattoo means to mark or color the skin by pricking in coloring matter so as to form indelible marks or figures or by the production of scars; provided, however, the term "tattoo" shall not mean a tattoo placed upon the skin by a physician for medical identification purposes.

Tattoo artist means any person who actually performs the work of tattooing.

Tattoo establishment means any room or place where tattooing is practiced or where the business of tattooing is conducted or any part thereof.

Tattoo operator means any person who controls, operates, conducts or manages any tattoo establishment, whether actually performing the work of tattooing or not. (Code 1977, § 14-6421)

Cross reference—Definitions generally, § 1-2.

See. 30-1272. Tattooing certain persons prohibited.

No tattoo operator or tattoo artist shall tattoo any person who is under 18 years of age, any person who is under either the influence of alcohol, drugs or other stimulants or depressants or any person of unsound mind. (Code 1977, § 14-6425)

Secs. 30-1273—30-1285. Reserved.

Sec. 30-1286. Required.

No person shall operate a tattoo establishment or engage in the practice or business of tattooing as a tattoo operator or tattoo artist unless the person has first secured a permit from the city. (Code 1977, § 14-6422)

Sec. 30-1287. Application; minimum age; fingerprinting, photographing, medical certificate required.

Sec. 30-1288. Approval of health authorities required.

A condition precedent to the issuance of a permit by the city under this division shall be satisfactory proof that the tattoo establishment has secured from the appropriate health authorities of either Fulton County or DeKalb County a permit or license to operate the establishment. (Code 1977, § 14-6423)

See. 30-1289. Location restricted.

No permit shall issue for the operation of a tattoo establishment or to any person engaged as a tattoo operator or tattoo artist in any area which is zoned for residential use by the city's zoning ordinance. (Code 1977, § 14-6427)

Sec. 30-1290. Contents, transferability.

Every permit granted under this division shall be issued in the name of the individual person applying therefor, shall contain the location of the tattoo establishment where the applicant shall operate and shall not be transferable. (Code 1977, § 14-6424)

See. 30-1291. Effect.

The permits issued under this division shall be cumulative and not in lieu of any business license issued by the city. (Code 1977, § 14-6428)

Sec. 30-1292. Revocation.

Any person who shall conduct a tattoo establishment or engage in the business as a tattoo operator or tattoo artist without first securing a permit therefor or who shall knowingly violate any of the sections of this article shall subject the permit to revocation upon appropriate notice of hearing. Additionally, revocation of a license or permit procured by the appropriate health department of either Fulton County or DeKalb County shall, upon notice of hearing, constitute grounds for revocation of the permit issued by the city. An artist's or operator's permit shall be subject to revocation upon proof that the holder of the permit has become infected with a disease which can be communicated through openings in the human skin. (Code 1977, § 14-6426)

Sec. 30-1341. 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:

Street patrol business means engaging in the business as a private street patrol, for consideration on a private contractual basis and not as an employee. Street patrol business shall not include persons employed exclusively and regularly by only one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship unless the employer is in the street patrol business. (Code 1977, § 14-6481)

Cross reference—Definitions generally, § 1-2.

Sec. 30-1342. Violations.

Violation of any of the sections of this article by the holder of a permit issued under this article shall subject the holder of such permit to suspension or revocation of such permit. (Code 1977, § 14-6487)

Secs. 30-1293—30-1315. Reserved.

ARTICLE XX. SIDEWALK PHOTOGRAPHERS* See. 30-1316. Reserved.

Editor’s note—Ord. No. 2015-50(15-0-1456), § 1, approved October 28, 2015, repealed § 30-1316, which pertained to prohibited acts. See also the Code Comparative Table.

Secs. 30-1317—30-1340. Reserved.

*Cross reference—Streets, sidewalks and other public places, ch. 138.

Secs. 30-1343—30-1355. Reserved.

Sec. 30-1356. Required.

It shall be unlawful for any person to engage in the street patrol business within the city unless a permit is obtained from the city. (Code 1977, § 14-6482)

Cross references—Private security services and private investigators, § 30-1231 et seq.; law enforcement, ch. 98.

State law reference—Private security agencies, O.C.G.A. § 43-38-1 et seq.

Sec. 30-1357. Application.

Sec. 30-1358. False information.

Any material omission, untrue or misleading information contained in or left out of an original, renewal or transfer application for a permit under this division shall be cause for the denial of the permit, and if any permit has been granted under these circumstances, such shall constitute cause for the revocation of the permit. (Code 1977, § 14-6488)

Sec. 30-1359. Certificate of approval of character of patrol persons.

No private street patrol agency having a permit issued by the city shall send out or employ any person or agent unless the character and proficiency of such person or agent has been approved by the mayor or the mayor's designee and a certificate to that effect lodged with the street patrol agency. (Code 1977, § 14-6484)

Sec. 30-1360. Bond required.

All persons approved under authority of this article to operate a street patrol agency or follow the occupation of street patrol agent shall give a bond in the sum of $5,000.00, payable to the city, for the use of any person injured or damaged because of any illegal act of such agency or agent or of a person employed as street patrol agent by such licensed agent or of any employee in and about such business. (Code 1977, § 14-6485)

Sec. 30-1361. Suspension or revocation.

Secs. 30-1362—30-1380. Reserved.

ARTICLE XXII. TELEPHONE SALES CAMPAIGNS*

Sec. 30-1381. Permit required.

within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Code 1977, § 14-6453; Ord. No. 2008-79(08-O1677), § 19, 11-6-08)

Secs. 30-1382—30-1399. Reserved.

ARTICLE XXIII. VENDING IN PUBLIC RIGHT-OF-WAY (PUBLIC PROPERTY VENDING)† DIVISION 1. GENERALLY

Sec. 30-1400. 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:

Assistant vendor means a person who assists a Vendor at the Vendor's assigned vending site.

Blind person means a person whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. See O.C.G.A. § 49-4-51(b).

Designated food truck area means a geographic area designated by the authority of the Commissioner of the Department of City Planning as granted by this article, wherein permitted food truck vendors may vend.

Disabled veteran means a resident of the state who may be either a war veteran or veteran of peace-time service as set forth below and such person must obtain a certificate of exemption issued by the state commissioner of veterans' service.

other than dishonorable; and that the veteran's service or some part thereof was rendered during a war period, as defined by an act of the Congress of the United States, approved March 20, 1933, entitled, "An Act to Maintain the Credit of the United States," and commonly known as PL 2, 73rd Congress; or that some part of the veteran's service was rendered on or after December 7, 1941 and before December 31, 1946; or that some part of the veteran's service was rendered on or after June 27, 1950 and before January 31, 1955; or that some part of the veteran's service was rendered on or after August 5, 1946, and before May 8, 1975. Proof of such ten percent disability shall be established upon the written certificate of two physicians as to such disability or by letter or other written evidence from the United States Department of Veterans Affairs stating the degree of disability or by written evidence from the branch of the armed forces of the United States in which such veteran served.

Food truck means any motor vehicle used for vending of food items to the public from designated food truck areas.

Food truck electronic reservation system means the system authorized in this article that food trucks must utilize to operate from designated food truck areas.

Food vending cart means a vending cart at which prepared food, prepared non-alcoholic beverages, pre-packaged food and non-alcoholic prepackaged beverages may be offered for sale.

Items permissible for sale means items which may be offered for sale by and are limited to tourist/traveler convenience items; third party published (non-adult) materials; non-alcoholic pre-packaged beverages; pre-packaged food; prepared food; prepared non-alcoholic beverages; spirit merchandise; and cut single stem or bunched flowers. Items permissible for sale shall not include any tobacco products.

Licenses and permits unit means that unit of the Atlanta Police Department which enforces the ordinances applicable to public property vending or any other unit or division of the Atlanta Police Department assigned by the chief of police to undertake the duties of the license and permits unit.

Lottery-type selection process means the process by which persons shall be selected to submit an application for a valid vendor location. There shall be no consideration required for participation in the lottery-type selection process in which persons wishing to submit applications for the valid vendor locations shall be required to place their names in a separate drawing for each valid vendor locations. No individual prospective vendor may receive the ability to apply for more than ten percent of the available valid vendor locations through the lottery-type selection process at one time. The lottery-type selection process shall take place at which time the city determines newly created or open valid vendor locations shall be entered/re-entered therein.

Moral turpitude means the act or behavior of baseness, vileness or the depravity in private and social duties which people owe to their fellow people, or to society in general, contrary to accepted and customary rule of right and duty between person and person; act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally suitable quality held to be present in some criminal offenses as distinguished from others.

Non-alcoholic pre-packaged beverages means beverages sealed in plastic or aluminum single serving containers excluding all beverages in glass containers, and excluding all alcoholic beverages as defined in section 10-1, including but not limited to malt beverages, wine and distilled spirits.

Office of revenue means the office of the City of Atlanta Department of Finance which issues permits for public property vending or any other unit or office of the department of finance assigned by the chief financial officer to undertake the duties of the office of revenue.

Pre-packaged food means single serving sealed packaged foods including but not limited to candy, popsicles, chips/bagged snacks which do not require any heating or powered refrigeration, and the service of which does not require authorization by the Fulton or DeKalb County Departments of Health.

Prepared non-alcoholic beverages means beverages prepared on site and which are not served in glass containers, and excluding all alcoholic beverages as defined in section 10-1, including but not limited to malt beverages, wine and distilled spirits.

Prepared food means food prepared on site, the sale of which requires authorization by the Fulton of DeKalb County Departments of Health.

Public property and public space both mean for the purpose of this article any property owned by the City of Atlanta within street rights-of-way, including any roadways and sidewalks, but excluding city-owned parks.

Public property vending means vending activity as permitted on publicly owned property under the jurisdiction of the City of Atlanta and in specifically designated city-owned parks. Other than where specifically designated, vending shall only be permitted in city-owned parks where such activity is associated with a special event and/or subject to regulation under a more specific permit.

Spirit merchandise means licensed branded merchandise or generic "Atlanta" branded merchandise. Merchandise shall be limited to shirts, hats, scarves and gloves.

Retail vending cart means a vending cart at which items permissive for sale other than prepared food and prepared non-alcoholic beverages may be offered for sale.

Third party published (non-adult) materials means periodicals, books, newspapers, and maps which have been published by a third-party and are not adult material as defined in section 16-29.001.

Tourist/traveler convenience items means, weather-related supplies such as umbrellas, scarves, hats, gloves and ponchos); convenience toiletries; over-the-counter medicines; cell phone accessories; and third-party produced souvenirs that celebrate Atlanta landmarks, institutions, or other Atlanta icons.

Valid vendor location means an area which is authorized in this article, in which vending can take place. Vending at a valid vendor location shall only be permitted from kiosks installed in the city's right-of-way, vending carts that meet the standards set forth in this article, or from food trucks in designated food truck areas. Other than kiosks or approved vending carts or food trucks, vending will be prohibited from tables or semi-permanent or permanent structures.

Valid vendor permit means a permit issued by the City of Atlanta. Such permit shall consist of a photo identification card which contains the vendor's name, photograph, vending type and classification, authorized valid vendor location(s) and time period for which such permit is valid.

Vending cart means a cart designated either as a food vending cart or a retail vending cart which meets the following design requirements:

Vendor means any person who has been issued a valid vendor permit. (Ord. No. 2014-06(13-O-1339), § 3, 3-3-14; Ord. No. 2014-14(14-O-1137), § 1, 3-26-14; Ord. No. 2014-18(14-O-1203), § 1, 5-28-14; Ord. No. 201604(16-O-1001), § 1, 3-30-16; Ord. No. 2021-06(20O-1697), § 1, 1-28-21; Ord. No. 2021-18(20-O1696), §§ 1—4, 4-28-21)

Sec. 30-1401. Purpose, intent and applicability.

Second conviction. A fine of not less than $200.00 nor more than $1,000.00 and costs or imprisonment in the city jail for not more than 60 days or both.

Third conviction. A fine of not less than $500.00 nor more than $1,000.00 and costs or imprisonment in the city jail for not more than 60 days or both.

Fourth conviction. Any person convicted of four or more violations of this article shall be subject to a fine of not less than $500.00 nor more than $1,000.00 and costs or imprisonment in the city jail for not more than 60 days or both.

Sec. 30-1402. Vending business required to remit sales taxes and keep records.

Sec. 30-1403. Vending operational rules.

Sec. 30-1404. Littering.

All vendors engaged in the sale of prepackaged food, non-alcoholic pre-packaged beverages, prepared food, and/or prepared nonalcoholic beverages shall affix to their vending cart, or motor vehicle, or shall locate directly outside the food truck, or motor vehicle a receptacle for trash, which shall be maintained and emptied regularly and which shall be marked as being for trash. Vendors engaged in the sale of the items permissible for sale listed in this section are responsible for the removal of trash within a 25-foot radius surrounding the vending cart or food truck. (Ord. No. 2014-06(13-O-1339), § 3, 3-3-14; Ord. No. 2014-14(14-O-1137), § 3, 3-26-14; Ord. No. 2014-56(14-O-1591), § 1, 12-10-14; Ord. No. 202106(20-O-1697), § 3, 1-28-21)

Sec. 30-1405. Aesthetic standards.

Vending is permitted from vending carts, food trucks, and motor vehicles in accordance with section 30-1436 only. Vending carts must comply with the following aesthetic standards:

Secs. 30-1406—30-1425. Reserved.

Sec. 30-1426. Vendor permit and business license required.

Sec. 30-1427. Lottery-type selection process.

Sec. 30-1428. Application.

Sec. 30-1429. Term and renewal of permits.

Sec. 30-1430. Annual fees.

Sec. 30-1431. Location.

Sec. 30-1432. Notification of name change or change of address.

Whenever either the name or address provided by the vendor on the application for a valid vendor permit changes, the vendor shall notify the office of revenue in writing within ten days of such change and provide same with the name change or address change. Vendors shall assure that a current and correct name, residence address and mailing address are on file with the office of revenue at all times. (Ord. No. 2014-06(13-O-1339), § 3, 3-3-14)

Sec. 30-1433. Denials, fines, suspensions and revocations.

Sec. 30-1434. Public hearing on suspension, fine, revocation or denial.

Sec. 30-1435. Disabled veterans.

Permit fees are waived for disabled veterans, as that term is currently defined in O.C.G.A. § 43-12-2 or as amended, currently holding a valid certificate of eligibility as O.C.G.A. § 4312-5, and blind persons who meet that definition of O.C.G.A. § 49-4-51(b) as it exists now or is from time to time amended. (Ord. No. 2014-06(13-O-1339), § 3, 3-3-14)

Sec. 30-1436. Vendors selling ice cream or other pre-packaged food and/or non-alcoholic prepackaged beverages out of motor vehicles.

Sec. 30-1437. Temporary Turner Field locations.

Sec. 30-1438. Food truck electronic reservation system, establishment and fees.

Secs. 30-1439—30-1460. Reserved.

Sec. 30-1461. 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:

Assistant vendor means a person who assists a vendor at such vendor's vending site.

Athletic and entertainment vending means the commercial enterprise of selling merchandise to the general public on private property in connection with events held at athletic or entertainment venues which have a seating capacity in excess of 3,500 persons.

Blind person. A person shall be considered blind for the purpose of this article if such person's vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential.

Class C food vending station means a fully enclosed, self-contained non-motor vehicle that is approved by the Fulton County health department for the purpose of vending on private property.

Flea market means any event at which two or more persons offer merchandise for sale or exchange; and at which a fee is charged for the privilege of offering or displaying merchandise for sale or exchange; or at which a fee is charged to prospective buyers for admission to the area where merchandise is offered or displayed for sale or exchange; or regardless of the number of persons offering or displaying merchandise or the absence of fees, at which merchandise is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. The term "flea market" applies regardless of whether such sale of merchandise is conducted out of doors or within a building. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. The term "flea market" shall not mean and shall not apply to any event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of merchandise, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or any event at which all persons selling, exchanging, or offering or displaying merchandise for sale or exchange are manufacturers or licensed retail or wholesale merchants. Flea markets shall not include developed and operating shopping centers, antique stores, jewelry stores, coin shops, salvage operations, clothing stores, or special sales events as accessory uses not to exceed 14 days, or other businesses of merchandise in common with flea markets where the vendor therein is not operating among a collection of vendors or renting or securing individual space within an overall operation.

Flea market promoter, operator, or owner means any person, firm, corporation, partnership, or other form of business entity which owns, operates, maintains, manages, or promotes flea markets.

Flea market vendor means any person, individual, firm, corporation, partnership, or other form of business entity of any type or character who engages in the retail sale of merchandise at a flea market. "Flea market vendor" shall not include licensed second-hand goods dealers or pawnbrokers. In addition to being subject to any regulations pertaining specifically to flea market vendors that may be included in this article, flea market vendors shall be subject to all regulations within this article pertaining generally to vendors.

Mobile food unit means any motor vehicle or non-motorized cart approved by the department of police used for the vending of food items to the public.

Moral turpitude means the act or behavior of baseness, vileness or the depravity in private and social duties which people owe to their fellow people, or to society in general, contrary to accepted and customary rule of right and duty between person and person; act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally suitable quality held to be present in some criminal offenses as distinguished from others.

Permissible food item means any food product or substance, including beverages, that legally may be dispensed for the public's consumption pursuant to the rules and regulations of the Fulton, DeKalb, or Clayton County health department.

Private property vending means vending activity conducted out-of-doors or in a flea market on private property not owned by the city or by any other governmental agency. Produce means any agricultural product raised on a farm or orchard.

Recording means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates in whole or in part the original. An illicit recording is a recording produced without the authorization of the recording's owner, or which is otherwise sold or offered for sale in violation of any state or federal law pertaining thereto.

Registered agent means any person who is authorized by a vendor or itinerant vendor and who agrees to accept service or process and legal notices on behalf of the vendor or itinerant vendor.

Seasonal vendors means a temporary vendor who vends from private property at a fixed location for seasonal vending.

Site plan means a visual depiction of the vending site showing 1) the exact location of the vending operation on the property; 2) the length, width, and height of the vending stand; 3) the location of all on-site parking spaces which serve the property; and 4) the location of any power sources which the vendor intends to use. The site plan shall be filed along with each application.

Stand means any fixed or movable structure, table or device used by a vendor for the purpose of displaying or storing any merchandise, article or food which is offered for sale.

Valid vendor location means an area which is authorized in this article, and if applicable, subsection 170-2166(10), in which vending can take place.

Valid vendor permit means a permit issued by the department of police. Such permit shall consist of a police photo identification card which contains the vendor's name, photograph, vending type and classification, authorized location and time period for which such permit is valid.

Vending business means any commercial enterprise operated for profit in which merchandise, food, services or a combination thereof are rendered for sale to the general public on private property and approved by the city.

Vendor means any person whose primary business is the selling or bartering, or carrying for sale or barter, or exposing therefor, any goods, wares, merchandise, services, food, confectionery or drink carried by hand from portable stands or tables, by manually propelled vehicles, or by motor vehicle. (Code 1977, § 14-5175; Ord. No. 2004-59, § 1, 9-28-04; Ord. No. 2005-39, § 2, 7-14-05; Ord. No. 2006-85, § 1, 12-12-06; Ord. No. 2008-58(07-0 1905), § 1, 7-16-08; Ord. No. 2011-37(11-0-0994), § 1, 9-15-11)

Cross reference—Definitions generally, § 1-2.

Sec. 30-1462. Purpose and intent.

See. 30-1463. Vending business required to keep records.

Nothing in this section shall prohibit the suspension or revocation of any permit by the police department's license and permit section, the license review board, or the mayor in accordance with the provisions of division 2 of this article.

Sec. 30-1464. Vending restrictions and prohibitions.

Sec. 30-1465. Littering.

All vendors engaged in food vending shall affix to their vending station a receptacle for litter, which shall be maintained and emptied regularly and which shall be marked as being for litter. (Code 1977, § 14-5180.9)

Sec. 30-1466. Penalties.

Any person violating any of the provisions of this article shall, upon conviction thereof, be punished as follows:

Sec. 30-1467. Aesthetic standards.

Editor’s note—Section 5 of Ord. No. 2006-85, adopted Dec. 12, 2006, provided for a new section 30-1488. Inasmuch as § 30-1488 was previously enacted by Code 1977, § 14 5180.3, the provisions of said ord. have been included as a new § 30-1467 at the discretion of the editor.

Sec. 30-1468. Athletic and entertainment vending.

In order to commence vending on private property, all athletic and entertainment vendors must have an initial permit issued and must meet all the qualifications set forth in this article. An athletic and entertainment vending permit for a private property vending location shall be issued for one-year periods. A vendor who has been issued an athletic and entertainment vending permit shall not be subject to any limitation as to the length of time from which she or he can operate from the same vending location. (Ord. No. 2008-58(07-0-1905), § 2, 7-16-08; Ord. No. 2009-55(09-0-1652), § 1, 9-30-09)

Sec. 30-1469. Prohibitions and restrictions; athletic and entertainment vending.

Sec. 30-1470. Aesthetics; athletic and entertainment vending.

Sec. 30-1471. Vending from mobile food units.

Persons conducting business from a mobile food unit on private property shall not be permitted to operate in the following areas:

Secs. 30-1472—30-1480. Reserved.

Sec. 30-1481. Vendor permit and business license required.

Sec. 30-1482. Classification of permits.

Sec. 30-1483. Annual application.

Sec. 30-1484. Application procedure.

All private property vendor applications shall be reviewed by the bureau of buildings to determine compliance with applicable zoning regulations as stated in subsection 16-28.008(10). Subject to favorable determination and written verification by the bureau of buildings and a private property permission letter issued by the License and Permits Division of the Atlanta Police Department, the bureau of treasury, licensing and employee benefits shall issue the business license for the applicant. Upon completion of all prerequisites, the police department license and permits units shall then issue a permit. (Code 1977, § 14-5179; Ord. No. 2006-85, § 4, 12-12-06)

Sec. 30-1485. Term and renewal of permits.

Editor’s note—Ord. No. 2007-19(07-O-0498), § 3 states that this ordinance shall take effect on April 5, 2007, so the current permit holders can apply for a new permit for the same location, and said permit shall be for a period of two years beginning at the end of the expired permit.

Sec. 30-1486. Fees.

Merchandise permit Food permit Combination permit Service permit Assistant vendors Flea market vending permit $ 75.00 75.00 125.00 25.00 15.00 50.00 In no event shall a vending permit be issued prior to payment of the above fees.

Sec. 30-1487. Location.

Permits are to be used only for the location specified in the vendor's application and such location shall be clearly written on the permit. The vendor or an assistant vendor to whom the permit is issued shall be present at the location specified on the permit at all such times as merchandise, food, services, or any combination thereof are sold or offered for sale at such location. (Code 1977, § 14-5180.2; Ord. No. 2004-59, § 9, 9-28-04)

Sec. 30-1488. Notification of name change or change of address.

Whenever either the name or address provided by the permit holder on the application for a vending permit or health or building inspection certificate changes, the licensee shall notify the department of police's license and permit section in writing within ten days of such change and provide same with the name change or address change. Vendors shall assure that a current and correct name, residence address and mailing address are on file with police department's license and permit section at all time. (Code 1977, § 14-5180.3)

Sec. 30-1489. Denials, revocation and suspension.

Sec. 30-1490. Public hearing on suspension, revocation or denial.

Sec. 30-1491. Duties of permit holder.

Sec. 30-1492. Duties of flea market promoter, operator, or owner.

Sec. 30-1493. Exemptions.

The provisions of chapter 30, article XXIV (section 30-1461 et seq.) shall not apply to any real person who engages only in outdoor sales of merchandise no more than two days in any oneweek period, but who otherwise meets the definition of flea market vendor as defined in section 30-1461. (Ord. No. 2005-39, § 1, 7-14-05)

Secs. 30-1494—30-1499. Reserved.

ARTICLE XXV. CAR WASHES* See. 30-1500. 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:

Active participation means control or supervision over the employees and the premises licensed under this article.

Agent means any person, real or artificial, designated by the owner in the application for a license to operate a car wash to receive correspondence from the mayor's office and/or department of police. The owner may also be the agent.

Attendant means a person on duty at the car wash premises employed by or at the instance of the owner or agent of the car wash establishment.

Car wash establishment means any commercial enterprise operated for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, detailing, or a combination thereof.

Car wash premises means the property on which the car wash establishment is located, including parking areas and all areas on the licensed property that may be lawfully used by the owner, employees, agents, and patrons of the car wash establishment.

Full-service car wash means a car wash establishment operated for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, detailing, or a combination thereof with the assistance of one or more attendants/cashiers in active participation during all hours of operation and which provides other services incidental to the car wash business, including but not limited to, car maintenance, car repair and/or other retail services.

Hand and/or detail car wash means a car wash establishment where vehicles are washed *Editor’s note—Ord. No. 2001-42, § 1, approved June 8, 2001, amended §§ 30-1500—30-1507 in their entirety. Formerly, said sections pertained to similar subject matter. Further, said ordinance added §§ 30-1508 and 30-1509 to read as herein set out. See the Code Comparative Table.

by hand, by persons permanently employed by the car wash or by persons allowed to remain on the premises to perform this service, operated for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, detailing, or a combination. Said washes do not include mobile car washes and/or car washes done for charitable and/or fund-raising purposes on a temporary basis.

In-bay automatic car wash means a car wash establishment operated for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, detailing, or a combination thereof that utilizes mechanical equipment to wash, rinse, and sometimes dry a stationary occupied vehicle.

Owner means any and all person(s) who have any ownership interest in the car wash establishment.

Self-service car wash means a car wash establishment operating for profit and open to the public for the purpose of cleaning, washing, waxing, vacuuming, polishing, detailing, or a combination thereof without the assistance of a fulltime on-site attendant. (Ord. No. 2001-42, § 1, 6-8-01)

Sec. 30-1501. Intent.

Sec. 30-1502. Required.

It shall be unlawful for any agent or owner to operate a self-service car wash establishment without having first obtained a license issued by the city as provided by this section. The license issued under this article shall be cumulative and not in lieu of any other license or license required by law. Full service automatic car wash establishments, in-bay automatic car washes, and hand or detail car wash establishments with attendants on duty during all hours when the business is open are expressly exempted from the license requirements in this article. (Ord. No. 2001-42, § 1, 6-8-01)

Sec. 30-1503. Application for license.

Sec. 30-1504. False information contained in application.

Any material omission, untrue or misleading information contained in or left out of an original, renewal or transfer application for a license under this article shall be cause for the denial thereof, and if any license has previously been granted under these circumstances, such shall constitute "due cause" for the imposition of a fine and/or suspension, revocation or non-renewal of the license. This subsection is independent of any other penalty provisions in this article. (Ord. No. 2001-42, § 1, 6-8-01)

Sec. 30-1505. Grounds for denial, suspension, revocation or imposition of a fine.

Sec. 30-1506. Term and renewal of license.

Sec. 30-1507. License fees.

Sec. 30-1508. Duties of car wash establishments.

Sec. 30-1509. Car wash establishment regulations.

Secs. 30-1510—30-1520. Reserved.

Chapters 31—33 RESERVED Chapter 34 CABLE COMMUNICATIONS REGULATIONS* Sec. 34-1. Sec. 34-2. Sec. 34-3. Sec. 34-4. Sec. 34-5. Sec. 34-6. Sec. 34-7. Sec. 34-8. Sec. 34-9. Sec. 34-10. Sec. 34-11. Sec. 34-12.

Sec. 34-13. Sec. 34-14. Sec. 34-15. Sec. 34-16. Sec. 34-17. Sec. 34-18. Sec. 34-19. Sec. 34-20. Sec. 34-21.

Title. Definitions. Grant of non-exclusive franchise. Application procedure and franchise. Ownership. Service area, cable system, construction. Bond, security fund, and liquidated damages. Insurance and indemnification. Compensation. Rate regulation. Consumer protection. Equal employment opportunity and equal business opportunity (EEO and EBO). Term and renewal of the franchise. Assignment and transfer. Revocation and cancellation. Purchase by city. Regulatory authority. Records and reports. Renegotiation. Miscellaneous provisions. Community access media board.

*Editor’s note—Ord. No. 2009-51.1(94-O-1777), §§ 1.0—20.0, adopted November 28, 1994, did not specifically amend the Code; hence, inclusion herein as Ch. 34 was at the direction of the city. See also the Code Comparative Table.

Cross reference—Telecommunications franchises and revocable licenses, § 138-126 et seq. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; theft of cable services, O.C.G.A. § 46-5-2 et seq.

Secs. 38-1—38-25. Reserved.

ARTICLE II. MUNICIPAL CEMETERIES* DIVISION 1. GENERALLY