How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask msesquire Your Own Question
msesquire
msesquire,
Category: Business Law
Satisfied Customers: 4475
12176198
Type Your Business Law Question Here...
msesquire is online now
A new question is answered every 9 seconds

RA - 100

Customer Question

Can a city withhold a liquor license from a business if its landlord is deliquent on property tax?
Submitted: 4 years ago.
Category: Business Law
Expert:  msesquire replied 4 years ago.
Hello.

What city?
Customer: replied 4 years ago.


Hiram, Georgia 30141

Expert:  msesquire replied 4 years ago.
Thank you for the clarification.

The City ordinance that relates to the issuance of liquor licenses says in part:
DIVISION 2. LICENSE
Sec. 6-51.
(a) I shall be unlawful for any person to sell, offer for sale, or
otherwise dispense any alcoholic beverages within the City
except under a valid license issued under this chapter and
in compliance with the provisions of this chapter.
(b) All licenses issued pursuant to this chapter shall have
printed on the front: “This license is a mere privilege
subject to being revoked and annulled and is subject to the
law of the State of Georgia, Federal Law and the existing
and any further Ordinances of the City of Hiram.”
License Required.

The fact that a liquor license is identified by law as a privilege rather than a right means that the government has broad discretion to decide whether to issue or renew such a license, which includes withholding it from someone who is delinquent in taxes. It is similar to other situations in which the courts have upheld the government's right to withhold a privilege, such as when the DMV refuses to renew someone's driving privilege because they have unpaid parking or traffic tickets, or even a person's medical license for a delinquent tax bill. So unfortunately, it would be very hard to overcome the government's ability to use their discretion in determining whether to grant someone a privilege or not, unless it is done on legally prohibited grounds (ie a business license being denied because of a person's race or gender).

Sorry I can't give you better news.
Customer: replied 4 years ago.


You did not answer my question? Is a third party that is current on all taxes who leases space from another person, subject to the denial of license. You made reference to a drivers license. That is great except I am not the person with the speeding tickets and my license is not going to be renewed because my landlord is delequent. Can that be held against me. The liquor license is in my name and my company name but has the same address at the land that is being leased and owned by the landlord. I have not control over his payment of taxes. Can the city hold my license because of that.

Expert:  msesquire replied 4 years ago.
I'm sorry, I did not realize from your question that you are the tenant. Unfortunately, the remainder of the City ordinances are not available online so I cannot research this issue further for you. I am going to opt out to see if another expert can assist you. No need to reply...it will be returned to the queue.
Expert:  Wendy-Mod replied 4 years ago.
Hi, I’m a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.

you can cancel the question? I will not be charged for answer that was given, correct?