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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
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I am applying liquor license in the state of GA and have two

Customer Question

I am applying for a liquor license in the state of GA and have two business partners with misdemeanor convictions, one for disorderly conduct and one for public intoxication. Both convictions occurred in the state of GA in 2005 and 2006, respectively. Will these charges affect our application for the liquor license?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you.
Q) Will these charges affect our application for the liquor license?
Yes.
Part of the application process is submitting a federal "clearance" letter. That letter certifies that neither the applicant nor his or her spouse (if married) has been convicted of ANY crime within the last 10 years. A 2005 conviction could fall within the last 10 years, and 2006 definitely does. Thus, this may pose a problem for your partners.
Try these pages for additional assistance:
https://georgia.gov/blog/2014-03-13/getting-alcohol-license-georgia
dor.georgia.gov/alcohol-licensing
http://www.atlantapd.org/alcohollicenses.aspx
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you,
Shuband
Customer: replied 1 year ago.
Thank you for clarifying that they will look back ten years. The 2005 issue is just outside of that range. My question is, will the 2006 disorderly conduct prevent us from getting a license?What is the threshold of acceptable convictions? Is it zero tolerance?
Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the update. I'm glad to be of help.
Q) Will the 2006 disorderly conduct prevent us from getting a license? What is the threshold of acceptable convictions? Is it zero tolerance?
The way I read the GA application, something minor could be excused. It doesn't appear to be zero tolerance.
But the federal application (which must also be done, since the feds also have some say in alcoholic beverage control) is pretty clear: no convictions within the past 10 years. From its plain language and on the face of it, it appears to be zero tolerance.
However, I haven't seen the actual paper application, and I don't routinely help folks with this type of licensing, so it could be that the form says one thing but in actual practice something else is done. That wouldn't surprise me, frankly.
The form you need is a federal clearance letter. You can get one at your local federal (not state) courthouse. I don't know where you're at in GA, but I can look up an address for you based on your zip code if you'll share that with me.
Thanks again for the opportunity to assist you. Please let me know if you need clarification. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you'll rate my answer positively as it is the ONLY way I receive credit for my work and doing so will NOT cost you any additional fee.
Best wishes,
Shuband
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,
I'm writing to follow up on your question. I see you recently viewed my answers, but you didn't issue a rating. If you need clarification about my answer, please ask. Otherwise, please let me know what else I can do, if anything, to earn a positive rating from you.
Thanks again for using our service!
Shuband

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