CITY OF HAMPTON MAYOR. AND CITY COUNCIL REGULAR SESSION AGENDA December 10, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 17EAST MAIN STREET SOUTH, HAMPTON,GA  1.  Opening Ceremonies. A. Call to Order.  B. Invocation by Pastor George Lanier Hampton United Methodist Church 10 West Main St.  Hampton Georgia 30228 C. Pledge of allegiance to the flag.  2.  Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for December 10, 2024 Presentation and Approval of City Council Minutes  3.  A. Public Hearing Summary Minutes and Regular Session Summary Meeting Minutes for  November 12, 2024.  4.  Acknowledgement of Guest (s) Proclamations, Resolutions, and Plaques. Acknowledge that today, December 10th is BUD SMITH DAY  5. 6. 7.  Public Comments Youth Council Update City Manager's Update  Consideration of an appeal from the property owner of Parcel No. 022-0105200, property requiring connection to public sewer in lieu of utilizing a septic system. The parcel is located at the southwest corner of SR20 and E. Main Street. COH Code of Ordinances  Chapter 86 - Utilities. Article III. Sewage Disposal. Sec. 86-82(b)    8. Unfinished Business  A. Consideration and action on the adoption of Ordinance: 2024-23 (Second Read); to amend the Hampton Code of Ordinance Chapter 22 - BUSINESS REGULATIONS. ARTICLE II. OCCUPATION TAXES. (First Read approved  5-0)  9.  1000 Bear Creek Blvd, LLC Yadav's Incl DBA Cheers Circle K. Stores Inc  Yumi Japanese Steak House Aaniya Gas and Food LLC  Reggae Vibes Lal Michoacana Mexican Restaurant Southside Billiards  Maha Meladi LLC Fem & Dee, Incl DBAI Hampton Grocery Tierra Mia Mexican Cuisine  Digiworld Entertainment LLC MHA5 Enterprises DBA Poppin Est, LLC DBAI Poppin Family Dollars Stores Inc.  Pizza  Consent Agenda  A. Consideration and action on approving the alcohol license renewal applications for  the following business in the City ofHampton.  B. Consideration and action on the adoption of Ordinance 2024-24 (Second Read); to amend the Hampton Code of Ordinance Chapter 6- ALCOHOLIC BEVERAGES, ARTICLEIL. ALCOHOL LICENSE REQUIRED. AND ARTICLE III. TAXES. C.C Consideration and action of Ordinance 2024-25 (Second Read) authorizing the Finance Director to amend the FY25 budget reflecting a donation totaling $31,000 from the Hampton Youth Club (HYC) for the purposes ofi improvements to be made  (First Read approved 5-0)    to Coley Park. (First Read approved 5-0)  D. Consideration and action of Ordinance 2024-26 (Second Read) authorizing the Finance Director to amend the FY24 budget to achieve a balanced budget. (First  Read approved 5-0)  End of Consent Agenda  10. New Business  A. Consideration and action of Resolution 2024-46 to approve regular meeting dates B. Consideration and action of Resolution 2024-47 the adoption oft the upgraded job .C Consideration and action of Resolution 2024-48 Imposition of a moratorium ofnot more than 90 days on all applications for concept plan review of gas stations as  and all city holidays for 2025 description for City Clerk.  defined by the Hampton Zoning Code.  11. Positive Happenings  12. Executive Session for the purpose of legal, personnel, real estate, and/or Cyber  Security. 13. Adjournment  ADA Compliance: Individuals with disabilities whor require certain accommodations to allowt them to observe and/or participate int this meeting, or whol have questions regarding the accessibility oft the meeting, or the facilities are required to contact the City Clerk at 770-946-4306 promptly on the Thursday before to allow the city to make reasonable accommodations for thosep persons.    CITY OF HAMPTON MAYOR AND CITY COUNCIL REGULAR SESSION AGENDA November 12, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 17EAST MAIN STREET SOUTH, HAMPTON,GA  Present: Mayor Ann Tarpley, Mayor Pro-Tem Sheila Barlow, Councilmembers: Kesha White-Williams, Marty Meeks, Willie Turner, Pamela Duchesne ABSENT: Devlin Staff: City Manager Alex Cohilas, Deputy City Clerk/Executive Assistant to the City Manager Carmen Blount, Community Development Director Wanda Moore, Planner II Tiffany Dobbins, Human Resources Director Andrea Atwater, Interim Public Works Director Justin Conner, Police ChiefJames Turner, Executive Assistant to the Police Chief Samantha Kingsley, Main Street Director Kenda Woodard, City Attorney L'Erin Wiggins  Cleveland  1.  Opening Ceremonies. A. Call to Order.  ACTION: Mayor Tarpley called the meeting to order at 6:30 p.m.  B. Invocation by Pastor Herman Mason of Southside Christian Fellowship, 7 McDonough  St. Hampton  ACTION: Pastor Mason led the invocation C. Pledge of allegiance to the flag.  2.  Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for November 12, 2024  ACTION: Motion to approve the regular session meeting for November 12, 2024  MOTION: Councilmember Duchesne SECOND: Councilmember Turner PASSED: 5-0 (Unanimous)    3.  Presentation and Approval of City Council Minutes  A. Public Hearing Summary Minutes and Regular Session Summary Meeting Minutes for ACTION: Motion to approve Public Hearing Summary Minutes and Regular Session  October 8, 2024.  Summary Meeting Minutes for October 8, 2024. MOTION: Councilmember White-Williams SECOND: Mayor Pro-Tem Barlow PASSED: 5-0 (Unanimous)  4.  Acknowledgement of Guest (s) Proclamations, Resolutions, and Plaques.  NONE Public Comments  5.  Ed Hendry 58 West King Road pled to the council to let him annex out of the city - Used words "stealing from him" "plantation" and threatened to sue the city but it will cost $50k  6.  Youth Council Update  Mayor had the new Youth Council come to the front and introduced them. There are five returners and four new members. Travis, Sydney, Paris, Greg, Kennedy, Tanasia, Jayden,  Haday, and Leland  7.  City Manager's Update  Chief James Turner presented the update with the Police Department update. He took the time to thank the council for continuing with the youth council program. Response time, since retreat the police department have lost zero employees since the retreat. Before the retreat they had 16 officers leave the city. CRT program and the officers that are assigned tot this program. City of Hampton PD will join GGOHS, attend monthly, extra training, grant funding, 2 officers will go to grant writing training. First safety check conducted on Justin Conner presented the update with the Public Works Department. Outages and work Mr. Cohilas presented the Elm Street progress. Thursday Nov. 14th they have scheduled installing curb and sidewalk (weather permitting) Elm Street opening as well. Downtown trick or treat, Placer ID indicated nearly 4000 participants attended. Upcoming events Christmas tree lighting, small business Saturday and Hampton for the holidays. Introduced new employee Chelsea Nichole and Michelle Arthur. Business license and planning and zoning applications are now available online. Finance earned the Award of  Woolsey Road Nov. 12th  orders.    Financial Reporting Achievement- - Lenox addressed his staffa and support they are to make  this award happen.  8. Unfinished Business  A. Consideration and action of Ordinance No. 2024-22(Second Read) to authorize the City ofHampton to maintain the Thompson Family Cemetery.  ACTION: Motion to approve Ordinance No. 2024-22 MOTION: Councilmember Duchesne SECOND: Councilmember Meeks PASSED: 5-0 (Unanimous) 9. Consent Agenda  ACTION: Motion to approve the Consent Agenda as published  MOTION: Councilmember White-Williams SECOND: Councilmember Meeks PASSED: 5-0 (Unanimous)  ACTION: Motion to approve Ordinance No. 2024-20, Ordinance No. 2024-21, Resolution  2024-44, Resolution 2024-45 MOTION: Councilmember Duchesne SECOND: Councilmember Turner PASSED: 5-0 (Unanimous)  A. Consideration and action to Amend Part II- Code ofOrdinance, Chapter 54 Offenses and Miscellaneous Provisions. Article III, Nuisances.  OrdinanceNo. 2024-20 (Second Read)  B. Consideration and action to amend an Ordinance No. 2024-21; Part II- Code of Ordinance, Chapter 70 - Solid Waste Collections.Second Read .C Consideration and action of Resolution 2024-44 nullifying Resolution 2020-14 passed on May 12, 2020, and Resolution 2020-30 passed on October 13, 2020 approving the City of Hampton no longer providing shift differential pay for night  and weekends for Police Department employees.    D. Consideration and action of Resolution 2024-45 authorizing Office oft the City Clerk to dispose ofs six (6) vehicles, two (2) tractors, five (5) mowers, two (2) backhoes, and one (1) belt press on a trailer, through online auction using government surplus auctions (govdeals.com) or any other means of disposal in  accordance with the City's ordinances.  End of Consent Agenda  10. New Business  A. Consideration and action on the adoption of Ordinance 2024-23 (First Read); to amend the Hampton Code of Ordinance - Chapter 22 - BUSINESS REGULATIONS. ARTICLE. II. OCCUPATION TAXES.  ACTION: Motion to approve Ordinance 2024-23 MOTION: Councilmember Duchesne SECOND: Councilmember Meeks PASSED: 5-0 (Unanimous)  B. Consideration and action on the adoption Ordinance 2024-24 (First Read); to amend the Hampton Code of Ordinance Chapter 6- ALCOHOLIC BEVERAGES, ARTICLE II. ALCOHOL LICENSE REQUIRED. AND ARTICLE III. TAXES.  ACTION: Motion to approve Ordinance 2024-24 MOTION: Councimember Turner SECOND: Councilmember Meeks PASSED: 5-0 (Unanimous)  C. Consideration and action of Ordinance 2024-25 (First Read) authorizing the Finance Director to amend the FY25 budget reflecting a donation totaling $31,000 from the Hampton Youth Club (HYC) for the purposes ofimprovements to be made City Manager recognized the Hampton Youth Club and the staff. Also Victoria Sweat recognized Christ Chapel Church for their donation. HYC went from 37  to Coley Park.  players in 2020 to 274 players in 2024  ACTION: Motion to approve Ordinance 2024-25 MOTION: Councilmember Meeks SECOND: Mayor Pro-Tem Barlow PASSED: 5-0 (Unanimous)    D. Consideration and action of Ordinance 2024-26 (First Read) authorizing the Finance Director to amend the FY24 budget to achieve a balanced budget.  ACTION: Motion to approve Ordinance 2024-26 MOTION: Councilmember Meeks SECOND: Councilmember White-Williams PASSED: 5-0 (Unanimous) 11. Positive Happenings  12. Executive Session for the purpose ofl legal, personnel, real estate, and/or Cyber  Security.  NO EXECUTIVE SESSION NEEDED  13. Adjournment ACTION: Motion to adjourn  MOTION: Councilmember White-Williams SECOND: Councimember Duchesne PASSED: 5-0 (Unanimous) Meeting Adjourned at 7:58 p.m.  Ann N Tarpley Mayor  Carmen Blount Deputy City Clerk  ADA Compliance: Individuals with disabilities who require certain accommodations' to allowt them to observe and/or participate int this meeting, or who have questions regarding the accessibility of the meeting, or the facilities are required to contact the City Clerk at 770-946-4306; promptly on the Thursday before to allow the city to make reasonable accommodations' for those persons.    Jappy  Bud'Smith  Sou!    Type of Request Sec. 86-82. (c)  ITEM# CMwy  City of Hampton LEGISLATIVE SUMMARY  An Appeal Pursuant COH ORD. Chapter 86. Department Requesting Agenda Item  SEORGI Meeting Date: December 10, 2024 Action Type: Actionl by City Council Fori informationaldlscussion purposes only Presenter:  Community Development Department Exhibit Attachments st for Agendal Item: 1) Appeal Request from Property Owner 2) Letter from stafft to applicant 3) Email correspondence 4) 5) 6)  Wanda D. Moore, PLA, Director  Agenda Item:  Consideration of an appeal from the property owner of Parcel No. 022-0105200, property, requiring connection to public sewer in lieu of utilizing a septic system. The parcel is located at the southwest corner of SR20 and E. Main Street. COH Code of Ordinances Chapter  86 - Utilities. Article III. Sewage Disposal. Sec. 86-82(b)  BackgroundSummay:  Community Development staff met with the applicant to discuss the proposing request to carve out a corner piece of land from the parent parcel to develop a gas station. The parcel does not have existing sewer and the request is to serve the site with a septic system instead of connecting to the public sewer system. Our code requires the applicant to do sO per our Code of Ordinance Chapter 86- Utilities. Article III. Sewage Disposal. Sec. 86-82(b). if the proposed site is located within two (2) miles of public sanitary sewer and is able to connect through a gravity line to public sanitary sewer, at the owner's expense. The applicant would like to make an appeal pursuant to this code section.  Financial mplicationsConseatons -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Will the project require funds? -Is project grantf funded and will require a. andt those funds arelare not budgeted.  Y Y Y Y_  Nnla Nn/a Nnla Nn/a Nnla  % match  -Is this request a Capital Project and part of Capital Project List?  Additional Comments/Recommendations  Staff recommends denial ofi the applicant's request to utilize a septic system for the proposed gas station. The request is not consistent with the city's Code of Ordinance Chapter 86 - Utilities, Article I. Sewage Disposal, Sec. 86-82(b), which requires all new developments or construction within two miles of an existing or future public sanitary sewer line to connect to the public sewer system.    MICHAEL CUALL aNANNENS LACKINK,MIMIAMKON ACKIN-HTANSONIN TATMIUDANsON.GON  216: NORTH WESTOVIR Bp, P.O. DRAWER: 70639 AUISANY, GA3 31708-0639 T(229) 888-6872 FAN.3914146-300  HALL &  Nw WILLIAMSON, PC  ATTORNEYS & COUNSELORS AT LAW  December 2, 2024  City ofl Hampton City Hall 17 E. Main St. South PO Box 400 Hampton, Georgia 30228  RE: Piney Woods Development - Tax Map Parcel - 022-01052001  Dear Esteemed Council Members,  Ihope this message finds you well. My name is Lauren Williamson, and I am the Manager of Pursuant to City ofHampton Code of Ordinance Chapter 86 -Utilities, please let this letter serve as my appeal to the City Ordinance requiring that we connect to public sanitary sewer. We are requesting a waiver to be allowed to use a separate septic system for a proposed  Piney Woods Development, LLC.  convenience store.  Your time and attention to this matter are greatly appreciated.  Thank you for your understanding and assistance.  Sincèrely,  Williamson    AUTHORIZATION OF PROPERTY OWNER  Isweart thatl amt the owner oft the property, whichi is the subjectr matter oft the attached application, asi is shown lauthorize the person named belowt to act as Applicant int thep pursuit ofr rezoning or a variance ofi this property.  in the records ofH Henry County, Georgia.  Vindokumer  Name of Applicant  RNP  fakl-Mg  Nismen-lIC-  Address 407 Shvandal Ct. LocusGrc 6R 30746  -com  Telephone! N7B)92P-4223 D  Vinayd315 Syahco  Deuelyment LLC  Vaey Wools  Personally, appeared beforer me Rawrn H.illioman  Who swears thei information contained int this authorization ist true and correct tot the best ofl his or her knowledge  and belief,  AVU bleWUr  /3a- Date  ASHLEE NICOLEY WILSON Notary Public- State of Georgia Lee County My Comm. Expires. Jan. 31,2028    MAYOR ANNN.T TARPLEY MAYORPRO-TEM SHEILALBARLOW CITYCOUNCIL DEVLINCLEVELAND PAMELAD MARTY DUCHESNE MEEKS KESHA WILLIET WHITE-WILLIAMS TURNER CITYMANAGER ALEXS.COHILAS  City offlampton  41 GEORGI ANDPROGRE EST.1872  City Hall 17E East! Main Street South POI Box 400 Hampton, GA 30228  Phone: 770.946.4306 Fax:770.946.4356 www.hamptonga.goy  November 25, 2024 Mark Whitley, PE Whitley Engineering 516 Griffin Street Zebulon, GA 30295 Re: Connection to public sewer  Dear Mark:  Iam sending you this correspondence in regard to our recent discussions and meeting concerning Parcel No. 022-01052001, located on the southwest corner of SR20 and E. Main Street, approximately Itis presently understood that your client is inj pursuit of developing the property as a gas station and would like to serve the use with a septic system VS. connecting to public sewer. You have indicated that your client is also seeking to carve out aj parcel directly at the corner of SR 20 and E. Main Street as a standalone business and is not looking to develop the current 27-acre parcel asi identified through As shared, our City ofHampton Code of Ordinance Chapter 86 -Utilities. Article III. Sewage  27-acres in size.  the Henry County Tax Assessor.  Disposal. Sec. 86-82(b) states the following;  "New development or construction. The owner ofany) house, building, or property developed or constructed afier the effective date ofthis article and usedj for human occupancy, employment, recreation, or other purposes within the city and located within two miles ofa line ofpublic sanitary. sewer, now in existence or afterwards constructed, to which. such house, building, or property may be connected. SO that sewage will flow therefrom and into. such a sewerage line by gravity, is hereby required at his own expense to install suitable toilet facilities directly with the line oft public sanitary sewer, in accordance with the provisions ofthis article. "  The proposed site is located within two (2) miles of public sanitary sewer and as such is required to connect through a gravity line to public sanitary sewer, at the owner's expense. See image on  following page.  An appeal pursuant to this code section must be made in writing setting forth the concerns of the owner (Piney Woods Development Corp). An appeal must be filed within five days oft the receipt of official notice to connect to public sewer. A hearing on the appeal shall be heard at the next scheduled city  council meeting.  Our mission ist toc deliver high quality, responsive and effective municipal services tot those who live, work, do business and visit our community.    Should you decide to pursue an appeal as outlined, please do sO within 51 business days, which based  on the current holiday schedule is Wednesday, December 4th, 2024.  Please let me know ifyoul have any questions.  Sincehvly, ww Wanda D. Moore, PLAE Director of Community Development  -  cc. L'Erin B. Wiggins, Esq., City Attorney, Alex S. Cohilas, City Manager    1  0  S 1 3 3  3  6 0  2  3 7 wlm NI2  Per oES 00  4 0 v- LD    Type of Request ORD2 2024-23  ITEM# 8A  City of Hampton LEGISLATIVE SUMMARY  EORGI Meeting Date: December 10, 2024 Action' Type: Action by City Council Presenter:  Department Requesting Agenda Item Community Development Department Exhibit Attachments si for Agenda Item:  Fori nformationaldiscussion purposes only  1) ORD. 2024-23 2) 3) 4) 5) 6)  E. Olivial McCornell, MPA, Plannerl  Agenda Item:  Item 8A: Old Business. Consideration and action to on the adoption Ordinance 2024-23 (Second Read); to amend the Hampton Code of Ordinance - Chapter 22-E BUSINESS  REGULATIONS. ARTICLE II. OCCUPATION TAXES.  Bachground'Summary: First Read Approved 5-0.  Following the first read Counciiperson Dushesne met with the city manager to discuss code requirements for businesses that apply for a new license late in the year. Staff reviewed our current protocol and amended the code to permit new business and renewals to be submitted as early as Nov. 1st for the preceding calendar year. See attached revisions in red; Section 22-50. All changes to ordinance approved in first read  have been integrated. The only new update is as referenced.  Financial mplcationsConsoerations -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Will the project require funds? -Is project grant funded and will require a. andi those funds arelare not budgeted.  Y_ Y Y Y  Nnla Nn/a Nnla Nn/a Nn/a  % match  -Ist this request a Capital Project andp part of Capital Project List? Additional CommemsPecommendatons  The Community Development Department staff recommends approval of the proposed text  amendment.    STATE OF GEORGIA CITYOFI HAMPTON  ORDINANCENO. 2024-23  ANC ORDINANCE1 TOA AMENDH HAMPTON CODE OFC ORDINANCES, CHAPTER: 22, BUSINESS REGULATIONS.. ARTICLEII -OCCUPATION1 TAXES, BER REPEALED/ ANDF REPLACED; TOF PROVIDE FORA ANA ADOPTION/ ANDE EFFECTIVE DATE; AND Section1 1. That Section - CHAPTER 22, BUSINESS REGULATIONS. ARTICLE II- OCCUPATION1 TAXES Section2. That Section CHAPTER: 22, BUSINESS REGULATIONS. ARTICLE Il- OCCUPATIONTAXESaS  TOF PROVIDE FOR OTHERI LAWFULI PURPOSES. THE COUNCIL OF1 THEC CITY OFI HAMPTONI HEREBY ORDAINS: ber repealed andr replaced. replaceds shall read: ARICEI.-OCCUPATON: TAXES 2) Sec. 22-31. Definitions.  Thef foilowingv words, terms, andp phrases, when usedi int this article, shall have ther meanings ascribedt tot them Administrative) feeist thec component oft thec occupationt taxv whicha approximatest ther reasonablec costo ofhandling Employee means ani individual whose work isp performed under thec direction ands supervision oft thee employer andv whose employer withholds FICA, federali income tax, or state income taxf from suchi individual's compensation orv whose employer issues tos suchi individual forp purposes of documenting compensation af form IRS W-25 butn nota Location or officei includes anys structure or vehicle where ab business, profession, or occupation is conducted, buts shallr noti include at temporary or construction work sitev whichs serves as single customer or project, orav vehicle Occupation tax means a tax leviedf for revenue purposes on persons, partnerships, corporations, or other Occupationt taxc certificate meansa adocumenti issuedb byt thec citya acknowledging paymento oft thec occupationt tax Practitioners ofp professions and occupations aret thosei individuals listedi in 0.C.6.A.548-1 13-9(c)(1)(18) buto does noti include ap practitioner whois ane employee ofab businessi ifsuch business pays and occupation1 tax. Regulatoryf fee means afee whicha approximates thec costo ofregulatory: activityb byt thec city. Regulatoryfe fee certificater meansa ac documenti issuedbyt thec citya cknowledgngpayment. ofaregulatoryi fee. (Ord.  int thiss section, except where thec context clearlyi indicates ac different meaning:  and processing the occupation tax application.  forml IRS1 1099.  usedf fors sales ord delivery bya abusiness or practitioner ofap profession. entities fore engaging in and occupation, profession, orb business int thec city.  anda administrativet fee.  No.8 83,51,1 12-21-94; Ord. No.8 83-A,91,12-12-95) Crossre relerencely-Detntionsgeneraly,5l  Created:  15:30:18 [EsT)  (Supp. No. 16)  Page1of12    Sec. 22-32. Administrative fee. (Ord. No. 83,52,12-21-94) Sec. 22-33. Regulatory fee. development department. (Ord. No. 83,53(A), 12-21-94) Sec. 22-34. Proration. (Ord. No. 83,53(B), 12-21-94) Sec. 22-35. Display of certificate.  Anon-prorated, nonrefundable administrativei feea as providedi int thes schedule off fees ando charges onf filein the office oft the community development department is required on all occupation tax accounts fort thei initial  registration, annual renewal orr reopeningofs sucha accounts.  Businesses and individuais engaging in any occupation or business in the city shail pay a nonrefundable regulatory feea as provided in the schedule off fees and charges onf filei in the office oft the city clerk and community  Ifabusiness ori individualinitially engagesi ina ana activityr regulated byt the city onora after July1 lina any year, the regulatory feef fort ther remaining portion oft they years shall be5 50p percent oft ther regulatory feef fort thee entirey year.  Everyb business, individual andI locations subjectt top paymento ofa regulatory feel leviedb byt this articles shall display acurrentr regulatoryf feec certificatei ina ac conspicuous place: att thel locationf for which sucho certificate wasi issued. Ifthe taxpayer does noth havea ap permanent locationv withint the city, ther regulatory feec certificate ora an unaltered duplicate ofs such certificate shall bes shown toa any police officer, code enforcement officer, firer marshal orb building official  uponr request. (Ord. No. 83,53(C),1 12-21-94) Sec. 22-36. Occupation taxl levied.  And occupation taxb based upon number ofe employees int thes statei isl levied upon! businesses andp practitioners ofp professions and occupations with one or more locations or offices within the corporate limits oft the city and, pursuant to O.C.G.A. 5 48-13-7, upon out-of-state businesses with no location or office in the city but with employees ora agents engagingi ins substantial effortst tos solicit business ors serve customers or clients int thes statei in accordance witht thes schedule off feesa and charges onf filei int thec office oft thec community development department. (1) Permits must bec obtained prior toc construction, demolition, changec of use or occupancy classification, tenantr namec change, or ownershipo changei inl buildings, tenants spaces, or commercials sites andp priort to  Sec. 22-37. Inspections and Certificate of Occupancy Requirements. addition, removal, orc changes ofa anyf fire protection: system(s)t therein.  Created: 2024-10-28 15:30:18 [EST)  (Supp. No.16)  Page2of12    (2) Afinali inspection and Certifiçate of Occupancyt fore eacho commercial business establishment must be obtained from the Fire Marshal's Office before occupying any building covered by this article or Allo commercial businesses operatingy withint thec city arer requiredt to undergo ana annual inspection byt the FireN Marshal's Office. Failuret to comply witht this annuali inspection requirement mayr resulti inp penalties or  conducting business. thes suspension oft theb business license. (Ord. No. 83,54(A), 12-21-94) Sec. 22-38. Multiple locations of taxpayer. practitioner. (Ord. No. 83,54(B),1 12-21-94)  The city shall not requiret the payment ofr more than one occupation taxf for each location ofal business or  Sec. 22-39.1 Taxpayers subject to otherl local governments. Abusiness orp practitioner whichi is subject toa an occupation1 tax by another local government: and claiminga an exemptionf from orl limitation tot thec occupationt taxi imposedb byt this article shall submit documentations ast toc current payment oft the occupation taxt tot the other local government: andt thet basis ofsuch tax. (1) Ifabusiness or practitioner withr nol location or officei int thes state provides tot thec city proofo ofp payment ofal local business or occupation tax in another state which purports to tax the business's or practitioner's: sales ors servicesi in thiss state, thent theb business orp practitioner shall bee exempt fromt this (2) Ifa business or practitioner with no location or office int this state shall only be required top pay occupation tax to thel local government in thes state where the largest dollar volume ofb businessi is done, ors servicei isp performed bys sucht business or practitioner. Thisl limitation shall only apply when thet business or practitioner has providedt tot the citys satisfactory proof ast tot the applicability of this Abusiness or practitioner which hasl locations int thes state subject to occupation tax byr moret than one local government int thes state: shall only be subject to occupation tax by the city for the number of employees who are employed within thec corporate limits oft the city. This limitation shall only apply whent theb business or practitioner hasp providedt tot the citys satisfactory proof ofc current payment ofthe (4) Ifane employee works fort thes sameb business or practitioner inn moret thand oner municipald corporation or county and the business orp practitioner: submits proof of this, the employee shall be counted as an employeei int thec cityo onlyit ifthec cityist thej jurisdiction wheres suche employee works fort thel longestperiod  occupation tax. subsection.  occupation1 tax ofthec other local governments. oft time within thec calendar year. (Ord. No. 83,54(C), 12-21-94) Sec. 22-40. Proration oft tax. fees shallr not ber reduced. (Supp. No. 16)  Ifabusiness or practitioner commences business int thec city ond ora after July1 lina anyy year, thec occupation tax fort ther remaining portion oft they years shall be 50p percent oft thet taxi imposedi fort thee entire year. Thea administrative  Created: 2824-10-28 15:38:18 (EST)  Page3of12    (Ord.N No. 83,54(D),1 12-21-94)  Sec. 22-41. Estimatedi number ofe employees.  Ifab business orp practitioner does not know how many employees which aret the basis oft this occupation tax willl bee employed byt theb business orp practitioner duringt thec current calendar year,t thent thetb business orp practitioner shallf filea areturne estimating ther number ofe employees whicha aret theb basis oft this occupation tax. Ifsuche estimate is nota accurate, thenr nol latert than December 31t theb business orp practitioner shallf filea ana mendadreumindatngte actual number ofe employees duringt thep previous calendar year. Any overpayment oft the occupation taxr may be creditedt tot theb business orp practitioner's account forf futuretax! liability, ofseta against other amounts due: and owing tot the city fora any reason orp paidt tot thel business orp practitioner at thec discretion oft the community development  director or cityr manager's designee. (Ord. No. 83,54(E), 12-21-94) Sec. 22-42. Real estatel brokers. orb branch officei int thec city. (Ord. No. 83,54(F), 12-21-94)  Real estateb brokers shall bes subject to occupationt tax pursuant tot this article only if theyr maintain a principal  Sec. 22-43. Occupation tax certificate; display, possession. certificatei is nota a pre-condition1 tot thep practice oft thec occupation. (Ord. No. 83,55,1 12-21-94; Ord. No.1 104,51,7-14-98) Sec. 22-44. Application top professionals.  Every business, practitioner, and locations subject to payment oft the occupation tax! levied by this article shall display acurrento occupationt taxo certificatei inac conspicuousp place atthel locationf for whichs sucho certificate wasis issued. Ifthet taxpayer does not have ap permanent location within the city, thec occupation tax certificate shall bes shown to any police officer, code enforcement officer, or building official upon request. Display ofa current occupation tax  Practitioners ofp professions and occupations: shall payt thec occupation1 taxl levied byt this article ors shallp paya an occupation1 tax asp providedi in thes schedule of fees and charges onf filei int thec office oft the community development department. Ont thet taxr returnf for 1995 or suchl latert time as thep practitioner first commences businessi int the city, thep practitioner shalle electan method oft taxation. Suche elections shall bec changedf fors subsequent calendar years only byaw written request filed by the practitioner on or before February: 1oft the year in which the election is to be  changed. (Ord. No.8 83,56,12-21-94) Sec. 22-45. Exemptions.  (a) Noc occupation taxs shall bel leviedb byt this article ont thef following: thes state, ora amunicipality or county ofthes state.  (1) Any practitioner whose office is maintained by and whoi is employed in practice exclusively byt the United States, thes state, ar municipality ord county oft thes state, ori instrumentality oft the United States,  Created: 2824-10-28 15:30:18 (EST)  (Supp. No. 16)  Page 4of12    (2) Thoseb businesses regulatedb byt thes statep publics service commission. 3) Those electrical serviceb businesses organized under O.C.G.A. 546-3-1etseq. 4) Anyf farm operationf fort thep production from or ont thel lando ofa agricultural products, butr noti including Nonprofit, agricultural product cooperativer marketinga associations pursuant to O.C.G.A. 52-10-105. 7) Persons purchasing guano, meats, meal, flour, bran, cottonseed, ord cottonseedr meal orh hulisi inc carload lotsf ford distribution: amongt thep purchasersf foru use andr nots salep pursuant toc O.C.G.A. 548-5-355. Pursuantt to O.C.G.A. $4 48-5-3561 forp persons sellingo ori introducingi intot the city agricultural products or livestock, includinga animal products, raisedi int thiss statev when thes salea andi introduction: aren madek byt the producer oft thep producta andt thes salei isr made within 900 days oft thei introduction oft thep producti intot the (10) Anyb business wheret thel levy ofs such occupation taxi isp prohibited byt the laws ofthes statec or thel United Thee exemptions andl limitations contained int this article shall not bec construed torepeal or otherwise affect ina any way anyf franchise fees, business taxes or other fees or taxes otherwise allowed by law. Without limitingt the generality ofthef foregoing, thef following ordinances ares specifically notr repealed or otherwise  any agribusiness. Motor  carriers pursuant toc O.C.G.A. 546-7-15.  city. States. affectedb byt this article:  (9) Depositoryinstitutions: pursuanti to 0.C.G.A.548-6-93.  (1) Section 22-816 ets seq. regardingl licenset fees onli lifei insurers; 2) Section 22-271 ets seq. regardingr regulations of peddlers; 3) Section6 6-31etseq. regarding malt beverageb brewer dealers andv winer retailers; 4) Section22-116 ets seq. regarding! business licenset taxes onf financiali institutions; Section22-146 ets seq. regulating flear markets; (6) Section 26-16 Letseq. regulatingo cable televisions stations; (7) Section 10-316 ets seq. regulating aduite entertainment establishments.  (Ord.N No. 83,57,12-21-94) Sec. 22-46. Evidence ofs stater registration. regulatory fee certificate mayl bei issued. (Ord. No. 83,58,1 12-21-94) Sec. 22-47. Evidence of qualification.  Eachp person whoisl licensedu under O.CG.A.543-1-1ets seq. byt thee examining! boards ofth thes secretaryofstate's office shall provide evidence ofp proper and current state licensure before any city occupation tax certificate or  (a) Anyb business requiredtoo obtain! health permits, bonds, certificates ofo qualification, certificates of competency ora anyo other regulatoryr matter shallf first, before thei issuance ofa and occupation1 tax certificate ora regulatory  feec certifiçate, showe evidence ofs such qualification.  Created: 2824-1 18-28 15:38:18 [EST)  (Supp. No. 16)  Page5of12    (b) Any! business requiredt tos submit ana annuala application for continuance oft theb business shall dos sob beforet the  registrationi isi issued. (Ord. No. 83,59,12-21-94)  Sec. 22-48. Filing returns, otheri information.  (a) Ond or before November 1 ofe each year, ani individual business orp practitioner subject tot this article shall file with the community development department, ona a form approved by anda availablet from the city, signed returna attesting tot ther number ofe employees ofs suchb business or practitioner duringt the calendar year. (b) Individuals, businesses, and practitioners doing business in the city shall submit to the community development departmentor make available within 30dayss suchi information: asr may ber requiredor requested byt thec city to determinet thea applicability anda amount oft the occupation tax or regulatory feec or tof facilitate  levyingo ord collection ofthec occupation taxa and/or regulatory fees.  (Ord. No. 83,510, 12-21-94) Sec. 22-49. Confidentiality.  information provided bya abusiness or practitioner tot thec cityf fort thep purpose ofd determining the appliçability and amount oft the occupation tax or levying or collectingt the occupation taxi is confidential and exempt from disclosure under O.C.G.A. 55 50-18-70 ets seq. Suchi information may bep provided tot the governing body of another local governmentf ford occupation taxp purposes orp pursuantt toc court order or fort thep purpose ofc collectingo occupation  taxo or prosecutioni forf failure or refusalt top pay occupationt tax.  (Ord. No. 83,511, 12-21-94) Sec. 22-50. Date due.  Any occupation taxo or regulatory feec duep pursuantt tot this article shall be due andp payable prior tois issuanceof abusiness license. Renewals ofs existing business licenses shaill ber renewed annually onorp prior to December 31st. Renewals fors existing business licenses or new business applications may be accepted ase early asN November 1for the upcoming calendar vear. lfa any person commences! business ori initiallye engagesi inaregulateda activityi int thec city after) Januaryli ina anyy year, thet tax and/or fees shall bec due and payable ont the date oft thec commencement oft the business or regulated activity. Business! licenses issuedbyt the City ofHamptona aref for the designated! business owner provided ont the! business! license application, doing business ataspecific address. andi is non-transferable! by owner  Formatted: Superscript  and/or changec of address: (Ord. No. 83,512/A), 12-21-94)  Sec. 22-51. Collection ofo delinquent taxes, fees.  The community development department, and code enforcement. shall issue executions againsti individuals, businesses andp practitionersi for taxes andi fees which are due and owing. Such executions shall beari interest at the rate of1 1k percent per month. Thel liens shall cover thep property oft thei individual, business, or practitioners liablef for payment oft thec delinquent occupation taxo or regulatory feea andb becomef fixed as ofti the date andt time the occupation tax or regulatory feeb became delinquent. The execution: shall bel levied byt the community development department upon property oft the delinquent tax or feep payer located int the city ands sufficient property shall be advertised and soldt top payt thea amounto ofthee execution,i including penalty, interest, ando costs. Allotherp proceedingsi inr relationt thereto shall bea as provided byt this Codea andt thec ordinances ando Charter oft thec city andt thel laws ofthes state." Thec defendants ate executions shallhavet ther rights ofdefense, bya affidavit ofillegality ofthetaxo or otherwisea as providedbythe Charter  Created: 2024-10-28 15:3e:19 [EST)  (Supp. No.: 16)  Page6of12    ofti the city andt thel laws oft thes statei inregard tot taxe executions (Ord. No. 83,512(B),1 12-21-94; Ord. No. 83-1A,91,4-9-96) Sec. 22-52. Enforcement; violations.  (a) Itist the duty oft thec community development department, ando code enforcement to administer ande enforce thep provisions of this article,t top perform all functions necessary to administer ande enforcet this article andt to summon violators ofthisa articlet toa appear beforet ther municipald court. Thec cityr manager and/or designeer may issuee executions: againsti individuals, businesses, andp practitioners fort taxes andf fees whicha ared duea ando owing. (b) The community development department, and code enforcement: shalli issue executions against individuals, businesses andp practitioners fort taxes andf fees which ared duea and owing. Such executions: shall beari interest att ther rate authorized! by O.C.G.A.S4 48-2-40 or, ifsuch statute: should ber repealed, one percent per month. The lien shall cover the property of the individual, business, or practitioner liable for payment oft the delinquent occupation tax or regulatory feea and become fixed as ofthe date andt time thec occupation1 taxo or regulatory fee became delinquent. The execution shall bel levied byt the office oft the city manager and/or designee uponp property oft the delinquent taxo or fee payer located int the city ands sufficient propertys shall be advertised and sold to pay the amount of the execution, including penalty, interest, and costs. All other proceedings inr relationt thereto shall bea asp provided byt this Code and Charter oft the city andt the laws ofthe state. The defendants ate execution shall have the rights of defense, by affidavit ofi illegality of the tax or otherwise as provided byt the Charter oft the citya andt thel laws oft thes statei inr regardt tot taxe executions. (c) When ar nulla bonae entryl hasb been entered upona ane execution, thep person againsty whomt thee entryi is made shallr not bea allowed ore entitled tot have or collect anyf fees ord charges whateverf fors services rendereda after the entry oft ther nulla bona. If, ata any time after the nulla bona entry has been made, the person against whom thee executioni issues pays the taxi in full together with alli interesta ando costs accrued ont thet tax, the person may collect any fees and charges duet to such person asifs suchp person had never defaulted int the (d) Individuals, businesses, andp practitioners who fail or refuse to pay any occupation tax or regulatory fee chargedp pursuantt tot this articles shallb bes subjectt to civilf finer not toexceedt thel limitations ofthe City Charter.  payment oft thet tax.  (Ord. No. 83,513, 12-21-94; Ord. No.: 104,51,7-14-98) Sec. 22-53. Public hearing priort toi increasei in taxes. resolution which willi increaset thec occupation taxr rates specifiedi int this article.  After. January 1,1 1996, the city shall conduct atl least one public hearing before adopting any ordinance or  (Ord. No. 83,514,12-21-94) Sec. 22-54. Prior ordinance. (Ord. No. 83,515,12-21-94)  Tothee extent thata anyo occupationi taxes or regulatory fees ared owedp pursuantto and ordinance passedp priort to this one, sucha amountsr remaino due ando owinga and the provisions ofti that prior ordinance willr remaini ine effect with respectt tos such unpaido occupation taxes orr regulatory fees untils sucht timea ast they arep paidi inf full.  Created: 2024-1 10-28 15:30:19 (EST)  (Supp. No. 16)  Page7of12    Sec. 22-55. Application for placement oflines andi facilitiesi int ther right-of-way. (a) Anyt telegraph or telephone company that places or seeks top place lines and facilities in thep publicr roads, highways or rights-of-way: shallp providet tot thec cityt thef followingi information,' ina accordancer with O.C.G.A.9 (1) Ther name, address andt telephone number ofa principald office andl locala agent of such telegraphor (2) Proof ofc certification fromt the Georgia Public Service Commission ofs sucht telegraph ort telephone 3) Proof ofi insurance or self-insurance ofs such telegraph ort telephone company adequate to defend and (4) A description of the telegraph or telephone company's service area, which description shall be sufficiently detaileds soa ast to allowt the cityt tor respondt tos subscriber inquiries. Fort thep purposes oft this section, a telegraph ort telephone company may, in lieu ofora as supplement toa a written description, provide a map on8 8k by1 11-inch paper thati is clear andl legible andt that fairly depicts thes service area within theb boundaries oft thec city. Ifsuchs service areaisl lesst thant theb boundaries ofa ane entire municipal authority, then maps shalld describet theb boundaries oftheg geographic areat tobes servedinclear: ando concise 6) Ana affirmative declaration that the telegraph ort telephone company shall comply with alla applicable federal, state andl locall laws and regulations, includingmunidpal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights-of-way that are reasonable, nondiscriminatory, anda applicablet toa allu users oft thep public rights-of-way,' includingt ther requirements of Astatementi inb boidt type att thet top oft thez application: asf follows: "Pursuantt to O.CGA.546512XD, the city shall notify the applicant of any deficiencies in this application within 15 business days of (b) The city shall notify thet telegraph or telephone company within 15 business days oft the receipt of any application deemedi incomplete;! suchr notice shall specificallyidentifvy: alla application deficiencies. Ifnos such notification is given within 15 business days oft the receipt of an application, such application shall be (c) Within 60 calendar days oft ther receipt ofa completed application, the cityr may adopt such application by adoption ofar resolution or ordinance orb byr notification tot thet telegraph ort telephone company. Thef failure oft the cityt to adopt ana application within 60 calendar days of the receipt ofa completed application shall (d) Ifit modifies its service area orp provisioned: services identified in the original application, thet telegraph or telephone company shall notify the city ofc changes tot thes service area, ort thes services provided. Such notice shall be given atl least 20 days prior to the effective date ofs such change. Such notification: shall contain a geographic descriptionoft ther news servicea area ora areas andr news servicest tobep provided withint thej jurisdiction ofthea affectedr municipala authority, ifany.7 Then municipala authoritys shallp providet toa allt telegraph andt telephone companies located ini its rights-of-way written notice of annexations and changes in municipal corporate boundaries which, for thep purposes oft this Code: section, shall become effective 300 days followingreceipt.  46-5-1(b)(1): telephone company;  companyt top providet telecommunications: servicesi int thiss state; coverc claims oft third parties and ofr municipala authorities;  terms;  5) Adescriptionc oft thes servicest tob bep provided;  Chapter 9 ofT Title2 25t the" "Georgial Utility Facility Protection. Act"; and  receipto ofthis application". deemed complete.  constitutef final adoption ofs sucha appliçation.  Created: 2824-18-28 15:30:19 [EST)  (Suppa No. 16)  Page8of12    (e) Ana application adopted pursuant tot thiss section may! bet terminated! bya atelegraph or telephone company by submitting a notice oft termination tot the affected municipal authority. For purposes oft this section, such notices shalli identifyt thet telegrapho ort telephone company, thea affecteds service area, andt thee effective date of such termination, which shall not be less than 60 calendar days from the date off filing the notice of Any telegraph or telephone company that! has previously obtained permits fort the placement ofits facilities, hass specified the name ofs sucht telegraph ort telephone company ins such permit application, has previously placed its facilities in any public right-of-way, and has paid and continues to pay any applicable city occupational license taxes, permitf fees, franchisei fees, except ass setf forthi ins subsection (h) or,i ifa applicable, county permitf fees shallbec deemedt tohave complied witht thiss section without anyf furthera action ont thep part ofs sucht telegraph or telephone company excepta ass setf forthi inp paragraphs! (8), (9),(11), and (17)of (1) Anytelegraphort telephonec company thath hasp placedI lines andf facilitiesi int thep publicr roads and! highways or rights-of-way oft the city without first obtaining permits or otherwise notifying the appropriate municipal authority ofits presence int thep publicr roads andH highways orr rights-of-way shall provide the information required bys subsection (a) oft this section, ifa applicable, tot the city ond or before October 1, 2) As of October 1, 2008, if any telegraph or telephone company, other than those who meet the requirements ofs subsection (f) oft this section, hasf failed or fails top provide thei information required by subsection (a) oft this section tot the city, the city shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date ofr receipt ofs such notice to 3) Int thee event the 15-calendar day cure periode expires without compliance, thec cityr may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the (1) Int thee event anyt telegraph or telephone company has ane existing, valid municipal franchise agreement aso ofJ January1,2 2008, thet terms and conditions ofs suche existing franchisea agreement shall only remain effective and enforceable until the expiration oft the existing agreement or December 31, 2012, (2) Int thee eventa anyt telegraph or telephone companyi is payinga ane existing occupational licenset taxo orf fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be consideredt the payment ofd duec compensation withoutf further actiono ont thep part oft thec city. 3) Int the event that ther rate ofs suche existing tax or fee exceeds three percent of actual recurring local servicer revenues, thatr rates shallr remaine effective until December 31,2 2012; thereafter, the paymentb by sucht telegraph ort telephone company att ther rated oft threep percents shall bec consideredi thep payment of due compensation withoutf further action ont thep parto oft ther municipala authority.  termination.  O.CGA546-5-1b). Noncompliance.  2008.  comply with thiss section. appropriater relief. (h) Existing franchise agreement.  whichever shallf firsto occur.  (Ord. No.: 20,9 9-5-72; Ord. No.: 317,51, 12-2-08)  Sec. 22-56. Due compensation for telephone companies with end user retail customers within (a) The city herebyr requires due compensation oft threep percent ofa actual recurringl locals service revenues, as definedi inc O.CGA5465-1b8): and (9); provided, however, thata anyo company which paysi ine excess of  the city.  Created: 2024-10-28 15:38:19 [EST)  (Supp. No.1 16)  Page9of12    three percent ofa actual recurring local service revenues pursuant to ane existingf franchise agreement shall continue to pay in accordance with the agreement until the expiration of the franchise agreement or December 31, 2012, whichever occurs first, anda any companyy which paysi in excess oft three percent ofa actual recurring locals servicer revenuesi ina accordancey witha an occupational license taxa arrangement: shall continuet to (b) Regarding anyt telephone company that does not haver retail, end user customers located within the city's municipal boundaries, thep payment bys such company ton municipal authorityi ina accordance with ther rates set by regulations promulgated by the department oft transportation for the use ofi its rights-of-way shall be (c) Any due compensation paidi ina accordance witht thiss sections shall bei inl lieud ofa any other permitf fee, in (d) Thec city! hereby incorporatesi the calculation of" "due compensation", assessment upon retail, endu user customers: andr notice ofr nonpayment provisions codifiedi in 0.C.6.A.546-5-1.  payi ina accordance with such payment schedule until December 31,2 2012.  consideredt thep payment ofd due compensation. accordancev with O.C.G.A. 546-5-1(b)(10). (Ord. No. 317,51,12-2-08)  Sec. 22-57. Actual recurring local service revenues.  "Recurring! local servicer revenues", as definedb by O.C.G.A. $46-5-1r means thoser revenues customarilyi included in the uniform system ofa accounts asp prescribed! byt the Federal Communications Commission for Class" "A" and' "B" companies; provided, however, thato only thel local service portion of the following accounts shall bei included, for  example:  (1) Basic locals servicer revenue, asd definedii in47C.F.R.: 32.5000; (2) Basic area revenue, asd definedi in4 47C.F.R. 32.5001; (3) Optionale extendeda arear revenue, as definedi in4 47C.F.R.: 32.5002; (4) Publict telephone revenue, asc definedi in4 47C.F.R.: 32.5010;  Local privatel liner revenue, as definedi in 47C.F.R. 35.5040; provided, however, that thep portion ofs such accounts attributable toa audio and video program transmission: service where both terminals oft the privatel linea arev withint the corporate limits oft ther municipal authority shallr not bei included; Otherl locale exchanger revenue, as definedi in 47C.F.R. 32.5060; Locale exchanges service, asc defined in47C.F.R.: 32.5069; Networka accessr revenue, as definedi in 47C.F.R. 32.5080;  (9) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributablet tor revenue derived froml listingsi inp portion of directories not considered white (10) Nonregulated operating revenue, as definedi in 47C.F.R.: 32.5280; provided, however, thatt thep portion ofsucha accounts attributablet tor revenues derivedf from private lines shallr notb beir included; and  pagess shall not bei included;  (11) Uncollectibler revenue, as definedi in4 47C.F.R.3 32.5300.  (Ord. No. 317,91,12-2-08)  Created:  15:38:19 [EST)  (Supp. No. 16)  Page 10of12    Sec. 22-58. Authorized designee. thef following duties:  The community development department: shall, onb behalf of the city, exercise day-to-day administrative dutiesr necessaryt tof fulfill ther regulatory authority oft the city under O.CGA.5465-1ets seq. ands shall perform (1) Review application information: submitted byat telephone company tot thec city and, ifana applicationi is incomplete, notify thet telegraph or telephone company within 15b business days ofther receipto ofs such Report ther receipt ofa completed applicationt tot thec councily within 600 calendar days oft ther receipto of Reviewp payments ofd due compensation: submitted! by the company toe ensure compliance with the Providead coordinationi functionb between telephone company anda allo city departments on any matter Arrange ande evaluate, nor more thand oncea ay year, ac comprehensive review oft ther records ofa company whichi is reasonably relatedt tot thec calculationa andp payment ofc due compensation. Providet toa allt telegrapha andt telephone companies locatedi ini itsr rights-of-way written notice of annexations: ando changesi inr municipal corporatel boundaries.  application, identifyingi ins such notice alla application deficiencies. such completed application. provisions oft thea amendedl lawa andt thiss section. relatingt to the amended lawa andt thiss section.  (Ord. No. 317,51,1 12-2-08) Secs. 22-59--22-80. Reserved. Georgia and the City ofH Hampton.  Section3 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Section4. This Ordinance: shallt take effecti immediately upon its adoption. AlI Ordinances inc conflict herewith are expressly repealed. Itist thei intention oft the governing body, and itis hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the: sections oft this Ordinance may be renumbered, if necessary, to accomplish a. Itis hereby declared tob bet the intention oft the Mayora and Council that all sections, paragraphs, sentences, clausesa andp phrases oft this Ordinance are orv were, uponi their enactment, believed by thel Mayor and Councilt tob bef fullyv valid, enforceable: and constitutional. Itis hereby declared to bet the intention oft the Mayor and Council that, tot the greatest extent allowed byl law, eacha ande every section, paragraph, sentence, clause andp phrasec ofthis Ordinance iss severablet from every other, section, paragraph, sentence, clause orp phrase oft this Ordinance. It isherebyf further declaredt tobet thei intention oft the! Mayora and Councilt that, tot thes greateste extent allowed by law, nos section, paragraph, sentence, clause orp phrase oft this Ordinance is mutually dependent upon: any others section, paragraph, sentence, clause or phrase oft this Ordinance.  suchi intention. Section5.  Created:  15:30:19 [EST)  (Supp. No. 16)  Page 11of12    Int the event that any phrase, clause, sentence, paragraph or Section oft this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, iti ist the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, notr render invalid, unconstitutional or otherwise unenforceable any oft the remaining phrases, clauses, sentences, paragraphs or Sections oft the Ordinance and that, tot thes greateste extent allowed! byl law, allr remaining phrases, clauses, sentences, paragraphs and Sections oft the Article shali remain valid, constitutional, enforceable, and off full force and Section 6. All ordinances andp parts of ordinances inc conflict herewith arel hereby expressly repealed. Section 7. The effective date oft this Ordinance shall be the date of adoption unless otherwise  effect.  specified herein.  SOORDAINED, this_10" day of December  2024.  CITY OF HAMPTON, GEORGIA ANNN.T TARPLEY, Mayor  ATTEST: City Clerk APPROVEDASTOFORM: L'ERINE BARNES WIGGINS, City Attorney  First Reading: 11/12/2024 Second Reading/Adoption: 12/10/2024  Created: 2824-10-28 15:38:19 [EST]  (Supp. No.: 16)  Page 12of12    Consideration: and action on approving the alcohol license renewal applications fori thef following  businesses int the City of Hampton.  1000 Bear Creek Blvd, LLC Yadav's Inc DBA Cheers Circle K. Stores Inc  Yumi Japanese Steak House Aaniya Gas and Food LLC  Reggae Vibes Lal Michoacana Mexican Restaurant Southside Billiards  Maha Meladi LLC Fem & Dee, Inc DBAI Hampton Grocery Tierra Mial Mexican Cuisine  Digiworld Entertainment LLC MHA5 Enterprises DBA Poppin Est, LLC DBAI Poppin Family Dollars Stores Inc.  Pizza    Type of Request ORD 2024-24 Second Read  ITEM# 9B  City of Hampton - LEGISLATIVE SUMMARY  SEORGI Meeting Date: December 10th, 2024 Action Type: Action by City Council  Department Requesting Agenda Item Community Development Department Exhibit Attachments s for Agendal Item:  Fori informationalriscussion purposes only  1) ORD. 2024-24 2) 3) 4) 5) 6)  Presenter:  E. Olivial McCornell, MPA, Plannerl  Agenda Item:  Item 9B. Consent Agenda. Consideration and action on the adoption Ordinance 2024-24 (Second Read); to amend the Hampton Code of Ordinance - Chapter 6- ALCOHOLIC BEVERAGES, ARTICLE II. ALCOHOL LICENSE REQUIRED. AND ARTICLE II. TAXES. (First  Read held November 12th, 2024. Passed 5-0.)  BackgroundSummary:  The proposed text amendment to Chapter 6, Alcoholic Beverages, Article II. and Article III. aims toe enhance administrative efficiency by reassigning oversight and administrative to the Community Development Director and staff, and/or City Manager designated representative. The first read was held on November 12th, 2024 and it passed with a 5-0.  Financial mplcationsConsderations -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Isp project grantf funded and will require a andt those funds arelare not budgeted.  Y_ Y. Y_ Y  Nn/a Nn/a Nn/a Nnla Nnla  % match  -Ist this request a Capital Project and part of Capital Project List? Additional CommemsaPecommendatons  The Community Development Department staff recommends approval of the proposed text  amendment.    STATE OF GEORGIA CITY OF HAMPTON  ORDINANCE NO. 2024-24  AN ORDINANCE TO AMEND HAMPTON CODE OF ORDINANCES CMAPTER6-ALCOHOUC BEVERAGES, ARTICLEII- ALCOHOL LICENSE REQUIRED, AND ARTICLE III TAXES, BE REPEALED AND REPLACED; TO PROVIDE FOR AN  ADOPTION. ANDI EFFECTIVE DATE; AND1 TO PROVIDE FOR OTHERI LAWFUL PURPOSES. THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: REQUIRED, AND. ARTICLE III -TAXES be repealed and replaced. REQUIRED, AND ARTICLE III-T TAXES as replaced shall read: ARTICLE I. ALCOHOL LICENSE REQUIRED  Section1 1.  That Section CHAPTER 6 - ALCOHOLIC BEVERAGES, ARTICLE II - ALCOHOL LICENSE  Section 2. That Section CHAPTER 6 = ALCOHOLIC BEVERAGES, ARTICLE II - ALCOHOL LICENSE  Sec. 6-20. Definitions. reference.  The definitions contained in O.C.G.A. 55 3-4-1, 3-5-1 and 3-6-1 as amended are hereby incorporated by Licensee means everys seller of alcoholic beverages int the city, whether retail, wholesale or otherwise required Managing agent means an individual designated by resolution of a corporation, LLC or other business entity (other than as sole proprietorship) to apply for a license as provided herein and to managet the day to day operations  City means the City of Hampton, Georgia. by this article to possess a valid license.  oft thep premises. (Ord. No. 321, 51,1-6-09)  Sec. 6-21. License required; application.  (a) License required. its shall be unlawfuli for any person ore entityt to engage int the manufacture, sale or distribution ofa alcoholic beverages in the city unless such person ore entity isi in possession ofa a valid license from both the State of Georgia and from the city authorizing the manufacture, sale or distribution of alcoholic beverages pursuant to the regulations contained in this chapter and in O.C.G.A. tit. 3, entitled Alcoholic Beverages. (1) Applications for both original and renewal licenses may be submitted either online or in person at the Community Development Department. The application shouid be completed on the form provided by the city and must include all information requested by the form, along with applicable fees. Only  Licenses shall not be transferable.  (b) Filing.  ORD.2024-21  Page 1of11    complete applications will be accepted for consideration. However, if an incomplete application is (2) All applications for the issuance of new licenses shall be filed with the Community Development Department at leastt ten days prior tot the nextr regular meeting of the mayor and councilto! be considered at thatr meeting. Failure to timely file the application may resulti in delayed consideration by the mayor (3) Licenses are valid through December 31 of they year in which they are issued or the year for which they are renewed. Applications for a renewal license shall be provided to the city by November 10th for the following year. Ther mayor and council shall consider and act on all license renewals by December 31. (4) No person holding an expired license not renewed for a succeeding calendar year may sell or serve alcoholic beverages int the succeeding calendar year unless and until the application for license renewal (c) Should any! licensee withdraw from, sell or otherwise transfer: such licensee's interest in any ongoing business licensed to sell alcoholic beverages, the community development department shall be notified in writing of such withdrawal, sale or transfer within seven days. Conduct of the licensed business may be continued for a period of no more than 60 days following the sale of a licensee's interest therein, upon application of the purchaser for a new license and with approval of the community development director, provided thei initial licenseei is under management contract with thep purchaser oft the! business tos supervise andr remain responsible for the conduct of such! business during thet timei investigation of the new application is underway; andf further provided that no disciplinary proceedings are pending against thei initiall license holder ort thel licensed premises (d) Display. Every person, firm or corporation issueda al license pursuant to this chapter shall be required to display (e) Whenever al licensee is al business entity, other than a sole proprietorship, a new license application shall be required subsequent to any change in more thant tenp percent oft the ownership oft thel licensed business entity. Where al licensee is a sole proprietorship, a new license application shall be required subsequent to a change  received, the City Council mays still denyi it due toi incomplete information.  and council.  has been tendered and a renewal license has been reissued.  concerning established or alleged violations oft this chapter.  thel licensei int thes same location asi is displayed the occupational tax certificate.  int thec ownership of thes sole proprietorship. (Ord. No. 321, $1,1-6-09; Ord. No. 439,53,8-8-17)  Sec. 6-22. Misstatement or concealment of fact in application.  All applications for original or renewal licenses shall be tendered under oath, and it shall be unlawful to knowingly make any misstatement or concealment off facti in the application for a license. Anys such act shall be cause for revocation, suspension or denial of a renewal license and shall make the applicant subject to prosecution for  perjury under the laws of this state. (Ord. No. 321,51,1-6-09)  Sec. 6-23. Grant or denial of license.  (a) Supporting information. The followingi information shall be furnished with the application for al license under (1) If the applicant is a partnership, LLC, or other business entity, other than a sole proprietorship or corporation, applicant must submit a copy of its partnership agreement, operating agreement, articles of organization, certificate or organization, and other organizational documents, and all members oft the  this chapter for consideration by the mayor and council:  Created: 2024-10-28 15:30:16 [EST]  (Supp. No. 16)  Page2of11    business entity must meet the conditions precedent to becoming a licensee and must make sworn (2) Ifthea applicantisac corporation, applicant musts submit a copy of the articles of incorporation, certificate of incorporation, by-laws, and other organizational documents, and the president and: secretary of the corporation must meet the conditions precedent to becoming a licensee and must make sworn (3) Asurvey of thep premises certified bya ar registered surveyor showingas scale drawing of thel location oft the proposed premises and the distance from the proposed premises to the nearest school building, educational building, school grounds, college campus, alcoholic treatment center, housing authority property, church or other place or worship, residence and the nearest five occupied commercial (4) Where applicant is not the owner of thep premises, a copy of applicant's lease with the premises owner (1) No original or renewal license shall be granted underi this chapter to any applicant who is nota a citizen or (2) Corporations, limited liability companies and other similar business entities shall apply for al license in the name of the business entity in care of a managing agent, and the license shall be issued to the business entityi in care ofa a managing agent who shall in allr respects meet the minimum requirements to qualify for thei issuance ofal liçense. Int the case of business entity applicants whose primary business is the operation of an alcoholic beverage establishment, the majority stockholder must meet the requirements of an applicant undert this subsection at the time applicationi is made and: ata allt times during which thel license isi in effect. Where the applicant is al business entity whose primary business is other than the operation of an alcoholic beverage establishment, a managing agent of such business entity involved or to bei involved in the active management of the business tol be licensed, must apply for the license and meet the requirements of an applicant under this subsection at thet time application is made and at all times during which the license isi in effect. Partnerships shall apply for al license ini the name of one oft the partners, andt thel license shall bei issued int the name oft the applicant partner. Ift the applicant isap partner in a partnership, the requirements of this chapter shall apply to all partners at the time of (3) Tender of an original or renewal application for an alcohol license shall serve as an express authorization tot the city to conduct ani investigation into the background of the applicant and all others authorized in (4) No original or renewal license: shall bei issued to any person, partnership or business entity organized for pecuniary gain where any individual having an interest either as owner, partner, manager, managing agent, or stockholder, directly ori indirectly, beneficial or absolute, shall have been convicted of or shall have entered a plea of guilty or nolo contendere to, within five years immediately prior to the filing of said application, any felony, or any violation of1 this chapter, or any crime involving moral turpitude, or anyf federal or statel law related to! liquor, malt beverages or wine, or driving under thei influence (DUI) of (5) No original or renewal license shall be issued to any person, partnership or business entity where any such entity, individual having ani interest as owner, partner, manager, managing agent, or stockholder, directly ori indirectly, beneficial or absolute, shall! havel had an alcoholic beveragel license denied, revoked or suspended due to due cause by any governmental entity. The restrictions of this subsection as to stockholders shall apply only to stockholders of privately owned corporations and to stockholders of publicly owned corporations who holdi ine excess of five percent of outstanding: stock.  statements oft these qualifications.  statements of these qualifications.  establishments. must be: submitted.  (b) Qualifications for original and renewal license.  resident legal alien oft the United States.  the application and at alli times during which thel licensei is in effect.  this article.  alcohol or drugs.  Created: 2024- 10- 28 15:30:16 [EST)  (Supp. No. 16)  Page 3 of11    (6) Any person, firm or business entity who or which owns property leased to an applicant, which lease provides for payment based upon thel level of alcoholic beverage derived income, shall be considereda (7) Att thet time off filing an original or renewal application fora al license under this chapter, alla applicants shall be givenad copy oft this chapter and shall sign a statement acknowledging receipt hereof. Nothing int this section shall bei interpreted to make specific knowledge of this or any other chapter of the city Code a (c) At the time of license renewal, applicants must meet all qualifications of applicants for original licenses. In addition, suspension, revocation or other loss of qualifications during thet term of al license shall be grounds (d) Qualification of premises. All licenses are limited to the site identified in the license application, and no application will be approved unless the premises usedi in conjunction with al license issued under this chapter shall meet thei following qualifications, evidence ofv which qualifications shall be provided witht the application: (1) Thep premises upon whichs sale of alcoholic beverages willl be conducted must bel located ina an area: zoned (2) The premises cannot, at the time of application, be the subject of an ordinance violation enforcement (e) Council action. At thet time of consideration oft the application for thei issuance or renewal ofal license provided herein, the mayor and council shall determine whether or not the applicant and applicant's premises meet all oft the qualifications oft this chapter. Ift thea applicant or applicant's premises do not meet allo oft the qualifications (f) Representation at meeting. At thet time that a new or renewall license is considered by the mayor and council ata council meeting, the applicant, or at least one general partner of thep partnership, member or manager of the LLC, or officer oft the corporation, or the managing agent may appear, buti is not required tol be present at the council meeting. Failure to attend the meeting shall not be grounds for denial of the application. (g) Reason for denial. If the application fora al license is denied, the mayor shall issue a written statement toi the applicant within ten days of the decision, which statement. shalls set forthi ther reason or reasons for denial. (h) Appeal. Ift the applicant desires al hearing on ther matter of denial of an original or renewal license, thea applicant shall notify ther mayor and council in writing within ten days of receipt of ther notice of denial. The mayor and council shall set a date for al hearing on the matter within 600 days of receipt ofa proper notice of appeal from the applicant and notify the applicant of the date in writing at least ten days prior to the date of the hearing. Att the! hearing, applicant will have ther right to present evidence and cross-examine opposing witnesses. After  co-applicant and mustr meet all qualifications contained herein.  condition precedent to enforcement or amendment.  for denial of renewal.  toad commercial classification. investigation.  (3) Thei front entrance oft the premises must be clearly visible from a public street.  stated int this chapter, the application shall be denied by ther mayor and council.  thel hearing, ther mayor and council shall either uphold, modify or reverse the denial. (Ord. No. 321, $1,1 1-6-09; Ord. No. 415, $1,2-9-16; Ord. No.! 526, 51, 11-10-20) Sec. 6-24. Grounds for license revocation or suspension.  (a) Grounds. Any violations of the provisions of this chapter or O.C.G.A. tit. 3, shall be grounds for revocation or (b) Reasonj for revocation ors suspension. Ifthec chief ofp police determines thatg grounds forrevocation ors suspension exist, he shall immediately notify the city manager and the community development director, together with his recommendation regarding thet terms of revocation or suspension. The community development director  suspension for a definite period oft the right tos sell alcoholic beverages.  Created: 2024-10-28 15:30:16 [EST]  (Supp. No.: 16)  Page 4of11    shalli issue a written statement to the licensee within ten days of the city's intent to revoke or suspend and (c) Appeal. Ift thel licensee desires al hearing on ther matter of revocation or suspension, he shall notifyt the mayor and council in writing within ten days ofr receipt oft ther notice ofi intent to revoke or suspend. Ar notice of appeal shall stayt the revocation or suspension until the hearing is held. Ift the licensee fails to appeal within ten days, then the memorandum of the chief of police shall take effect. The mayor and council shall set a date for a hearing on the matter within 30 days ofr receipt of a proper notice of appeal from the licensee and notify the licensee oft the date in writing at least ten days prior to the date of hearing. At thel hearing, licensee willl have ther right top present evidence and cross examine opposing witnesses.. After thel hearing, the mayor and council  shalls seti forth ther reason(s) for revocation ors suspension.  shall either uphold, reverse orr modify ther revocation or suspension.  (Ord. No. 321,51,1-6-09) Sec. 6-25. Annual license fees.  (a) Separate licenses are required for package sale of wine and for package sale of malt beverages. The annual license feef for package sale of wine shall be $250.00. The annuall licenset feef for package sale of malt beverages (b) Separate licenses are required for sale by the drink of wine, sale byt the drink of malt beverages, and sale by the drink of distilled spirits. The annual license fee for sale by the drink of distilled spirits shall be $1,000.00. (c) A separate license is required for package sales of distilled spirits. The annual license feei for package sales of (d) Alicense is required forr manufacture of alcoholic beverages (distillery, brewery, orv winery). The annuall license (e) Al licensei is required for the operation ofa al brewpub (beer only). The annual license feei for the operation ofa (Ord. No. 321, 51, 1-6-09; Ord. No. 352,51,1-4-11; Ord. No. 415, $2, 2-9-16; Ord. No. 439,94,8-8-17)  shall be $1,000.00.  The annual license feei for sale by the drink of beer and wine shall be! $500.00.  distilled spirits shall be! $5,000.00.  fee fori ther manufacture of alcoholic beverages is $1,750.00.  brewpub (beer only) is $1,750.00.  Sec. 6-26. Payment of license fees.  License fees required under this chapter shall be paid as follows:  (1) New! license: For applications received on ora after September 1, 50 percent oft the applicable fee shall be (2) License renewals: Fees shall bet tendered tot thec community development department by November, 10th  required.  of the year prior tot ther renewal year, along with the application for renewal.  (Ord. No. 321,91,1-6-09)  Sec. 6-27. License fee charged to wholesale dealer of malt beverages with principal place of The license feef for wholesale dealers of malt beverages with their principal place of business located outside  business outside the city.  the City of Hampton shall bei the maximum fee allowed by 0.C.G.A.53-5-43.  (Ord. No. 321,51,1-6-09) (Supp. No. 16)  Created: 2024-10-28 15:30:16 [EST]  Page! 50 of11    Sec. 6-28. Maximum number of distilled spirits package sales licenses permitted. (a) This chapter anticipates thei issuance ofar maximum of onel licensef fort the sale of distilled: spirits! byt the package. No additional licenses shallb be authorized unless and untilt the population of Hampton reaches 10,000, at which time one additional license may be permitted. Afterwards, one additional license may be permitted for each (b) In determining population, the city shall utilize the most recent population figures published by the Atlanta Regional Commission. Int the: absence ofs such figures, the city shall utilize the U.S. Census of 2000 or anyf future decennial census. This provision alone shall not bar the issuance of a license for applications submitted in accordance with this chapter as of the enactment date of this provision or renewals of licenses lawfully held as of the enactment date of this provision. Should an application submitted prior to the enactment of this section be denied, then this provision shall apply to any subsequent application for the same! location.  5,000 population increase over thei initial 10,000 threshold.  (Ord. No. 352,52,1-4-11)  Sec. 6-29. Additional requirements for distilled spirits package sales licenses.  In additional to all otherr requirements oft this chapter, thel Hampton City Code, the Hampton Zoning Ordinance, and applicable state laws and regulations, applicants for a distilled spirits package sales license must satisfy the (1) Thet front entrance of all premises licensed to sell distilled spirits by the package shall be clearly visible from a public street; provided, however, that this restriction shall not apply where the premises are (2) No license fort the sale of distilled spirits byt thep package shall be issued to any applicant whose building where thel business will be conducted contains less than 6,500 square feet of combined showroom and (3) In addition to the minimum square footage, retail dealers for the sale of distilled spirits by the package shall maintain a minimum inventory of at least $450,000.00 in distilled spirits, beer, wine or a (4) Where applicant fora al license to sell distilled spirits by the package is not the owner of the premises, a  following requirements:  located in as shopping center or multiple-story! business building.  storage space.  combination thereof available for sale.  copy of applicant's lease with the premises owner must be: submitted.  (Ord. No. 352,53, 1-4-11; Ord. No. 423,51,5-10-16)  ARTICLE III. TAXES Sec. 6-30. Payment of taxes.  (a) Licensees are hereby required to collect and remit the taxes imposed in this chapter. Licensees shall make reports tot the community development department on or before thet tenth day of the month nexts succeeding the calendar month oft thet total amount of suchp products sold or distributed within the city during thep previous month, and shall accompany the report with payment of the tax due at the appropriate rate or rates based  Created: 2024-10- 28 15:30:17 [EST]  (Supp. No.1 16)  Page 6of11    upon the quantities of such product so sold the previous month. Each monthly report shall be accompanied byas sworn: statement that the report is at true and correct report of all: sales and shipments made within the (b) Licensees licensed for sales byt the drink shall, at thet time of collecting for food and drinks served, give toi the purchaser ar receipt on which the price of alcoholic beverages served shall bei itemized separately. Where the charges for food and drink are satisfied by credit or deferred payment, the payment oft the tax tot thel licensee may be deferred in a liker manner; however, thel licensee shall be liable therefor at the time and to the extent that such credits are incurred. Monthly reports fors sales by the drink shall show the gross receipts from the sale ofa alcoholic beverages byt the drink, amount oft tax collected or authorized duei for the related period, and  city.  such otheri information as may be required by the city.  (Ord. No. 175,91,3-26-03)  Sec. 6-31. Same--Deficiency determinations.  (a) Recomputation; authority to make, basis. If the community development director is not satisfied with any return of the tax or the amount of the tax required to be paid to the city by any person, thecommunity development director may compute and determine the amount required to be paid upon the basis of any reasonable information within the the community development director's possession or that may come into the community development director's possession. One or more deficiency determinations may be made of (b) Interest on deficiency. The amount oft the determination, exclusive of penalties, shall beari interest att the rate ofc one percent per month, or fraction thereof, from the 20thd day after the close of the monthly period for which the amount or any portion thereof should have been returned, until the date of payment. (c) Offsetting of overpayments. In making a determination, the city manager's designated representative may offset overpayments for a period or periods, against under payments for another period or periods, against penalties, and against the interest on underpayments. Thei interest on underpayments shall be computed in (d) Penalty, for negligence or disregard of rules and regulations. Ifa any part oft the deficiency for whicha a deficiency determination has been madei is duet to gross negligence or disregard ofr rules and regulations, a penalty of 15 (e) Penalty for fraud ori intent to evade. Ifa any part of the deficiency for which a deficiency determination is made is due tot fraud or ani intent to evade any provision of this chapter or other authorized rules andi regulations, a (f) Notice of city clerk's determination; service of. The city clerk, or the city manager's designated representative, shall give to the licensee written notice of the clerk's determination. The notice may be served personally or by certified mail; if by mail such service shall be addressed tot thel licensee atl licensee's address as it appears in ther records of the community development department. Int the case of service byr mail of any notice required byt this chapter, the service is complete at thet time of deposit int the United! State Post Office. (g) Time within. such notice of deficiency determination to be mailed. Except in the case ofi fraud, intent to evade this chapter or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be mailed by certified mail within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within threey years after  the amount due for one or more monthly periods.  the manner: set forthi in section 6-11.  percent of the amount of such deficiency shallb be added thereto. penalty of 25 percent oft the deficiency shall be added thereto.  the return ist filed, whichever period: should last expire.  (Ord. No.1 175,91,3-26-03)  Created: 2024-10-28 15:30:17 [EST]  (Supp. No. 16)  Page 7of11    Sec. 6-32. Same-Determination if no return made.  (a) Estimate of gross receipts. Ifanyli licenseei fails to make a return, the city manager's designated representative shallr make ane estimate oft the amount oft theg gross receipts oft thel licensee, or as the case may! be, oft the amount oft thet total sales in the city which are subject to thet tax. The estimate shall be madet fort thep period or periods in respect to which thel licenseei failed to makei the return ands shall be! based upon any reasonable! information whichi is or may come intot the possession of the community development department. Upon the! basis oft this estimate, the city manager's designated representative shall compute and determine the amount required to bep paid to the city, adding to the sum thus determined a penalty equal to 15 percent thereof. One or more (b) Manner of computation; offsets; interest. In making a determination, the city manager's designated representative may offset overpayments for period or periods, against penalties and the interest on the underpayments. The interest on underpayments shall be computed in the manner set forth in subsection (c) (c) Interest on amount found due. The amount of the determination, exclusive of penalties, shall beari interest at the rate of one percent per month, orf fraction thereof, from thet tenth day oft the month followingt the monthly period, for which the amount or portion thereof: should have been returned, until the date of payment. (d) Payment for fraud or intent to evade. Ift thet failure of any person toi file ar returni is due tot fraud ora an intentt to evade this chapter or rules and regulations, a penalty of 25 percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto ina addition toi the 15 percent penalty provided ins section (e) Giving of notice; manner of service. Promptly after making the determination, the city manager's designated representative shall give the person written notice to be: served personally or by certified mail ini the manner  determinations may ber made for one or for more than one period.  hereof.  6-12.  prescribed for service of notice ofa deficiency determination.  (Ord. No. 175,51,3-26-03)  Sec. 6-33. Same--Penalties and interest.  Any person whoi failst top pay thet tax herein imposed to the city, within the time required shall pay a penalty of 15 percent of the tax in addition to the tax, plus interest on the unpaid tax or any portion thereof as set forth in  section 6-11. (Ord. No. 175,51,3-26-03)  Sec. 6-34. Same--Collection of delinquent tax.  (a) Action fort tax; timej for. Ata anyt time within three years after any tax becomes due and payable, and at anyt time within three years after the delinquency of anyt tax, the city may bring an actioni in the courts of this state, or any others state, or of thel United States, to collect the amount delinquent, together with penalties andi interest, (b) Duty of successors or assignees of operator to withhold tax from purchase money. Ifa any! licensee liablet for any amount under this chapter sells out such business or quits the business, such licensee's successors or assigns shall withholds sufficient oft the purchase price to cover such amount until thet former owner produces a receipt from the city clerk showing that such liçensee has paid thet tax, ora certificate stating that no amounti is due. (c) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. Ift the purchaser ofa al businesst failst to withholdi ther necessary amountf from the purchase price as! heretofore required,  court fees, filing fees, attorney fees, and other legal feesi incident thereto.  Created: 2024- 10-2 -28 15:30:17 [EST]  (Supp. No.: 16)  Page 80 of11    such purchaser becomes personally liablef fori thep payment oft thea amountr required tol be withheld tot thee extent of the purchase price, valued in money. Within 30 days after receiving a written request from the purchaser fora a certificate, the city manager's designated representative shalle eitheri issue the certificate, or mail notice by certified mail to the purchaser at the purchaser's address as it appears on the records of the city of the amount that must be paid as a condition of issuing the certificate. The time within which the obligation ofa successor may be enforced shall begin at the time the licensee sells the business or at the time that the (d) Tax credit, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty ori interest has been paid moret than once, or has been erroneously ori illegally collected or received by the city under this chapter, iti may be offset as provided in section 6-10. Ift thel licensee determines that such licensee has overpaid or paid more than once, which fact has not been determined by the city manager's designated representative, such licensee will have three years from the date of payment to file a claim in writing stating the specific ground upon which claim is founded. The claim shall be audited. If the claim is approved by the city, the excess amountp paid tot the city may! be credited on any amounts then due andp payable  determination against the licensee becomes final, whichever event occurs later.  fromt thel licensee by whomi it was paid, or such licensee's administrators or executors.  (Ord. No. 175,51,3-26-03) Sec. 6-35. Same--Administration.  (a) Authority of community development department. The community development department and or city manager's designated representative shall administer and enforce the provisions of this chapter for the levy (b) Rules and regulations. The community development director shall have thep power and authority to make and publish reasonable rules and regulations not inconsistent with this chapter 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 the (c) Records required from licensee; form. Everyl licensee for the sale ofa alcoholic beverages byt the drink ini the city shall keep such records, receipts, invoices and other pertinent papers in such form as the community (d) Examination of records; audits. The city manager's designated representative, or any person authorized in writing by the city may examine thet books, papers, records financial reports, equipment and other facilities of any licensee liablei for thet tax,i inc ordert to verify the accuracy ofa any return made, ori ifr no returni is madeb byt the (e) Authority to require reports; contents. Ini the administration of the provisions of this chapter, the community development director may require thei filing ofreports by any person or class of persons having in any ofs such person's possession or custody, information relating to sales of alcoholic beverages which are: subject to the tax. The reports shall be filed with the community development department and shall set forth the price charged for each sale, the dates of sales, and such other information as the community development (f) Disclosure of business of operators, etc.; limitation on rule. The community development director, or any person having an administrative duty under this chapter, shall not make known in any manner the business affairs, operations ori information obtained bya an audit of books, papers, records, financial reports, equipment or other facilities of anyl licensee or any other person visited ore examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed ina anyr return, or to permit anyr return or copyt thereof or anyk book containing anya abstract or particulars thereof to be seen or examined by any person not having such administrative duty under this chapter, except in the  and collection of the taxes imposed byt this chapter.  provisions of this chapter andt the collection of thet taxes hereunder.  development department may require.  licensee, to ascertain and determine the amount required to! be paid.  department may require.  Created: 2024-10-28 15:30:17 [EST)  (Supp. No.1 16)  Page 9 of11    case of judicial or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, upon satisfactory proof ofi interest, shall be given information as toi thei items included int the measure anda amounts  ofunpaid tax, interest penalties. (Ord. No. 175,91,3-26-03)  Sec. 6-36. Additional to other taxes.  Excise taxes imposed by this chapter shall bei in addition to any other taxes on licenses now imposed against  such licensees. (Ord.No.: 175,51,3-26-03)  Sec. 6-37. Failure to make reports or collect taxes.  If any licensee fails or refuses to make the reports required in this chapter and collect and transmit taxes to the city, the city shall notify the partyi in writing, andi ift ther report is not made within five days after the date of the notice, ort thet taxes not remitted, the cityr may withdraw from thel licenseet thep privilege of doing business int the city.  (Ord. No.1 175,91,3-26-03) Secs. 6-38, 6-39. Reserved.  Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of  Georgia and the City of Hampton.  Section 4.  This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict  herewith are expressly repealed. It is the intention oft the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish  such intention. Section5 5.  a. Itis hereby declared to be thei intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases oft this Ordinance are or were, upon their enactment, believed by b. Itis hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase oft this Ordinance iss severable from every other, section, paragraph, sentence, clause or phrase oft this Ordinance. It isl herebyf further declaredi tol bet thei intention oft thel Mayorand Councilthat, tot the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. Int the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the  the Mayor and Council to be fully valid, enforceable and constitutional.  Created: 2024-10-28 15:30:17 [EST]  (Supp. No. 16)  Page 100 of11    valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, tot the greatest extent allowed byl law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, enforceable, and of full force and  effect.  Section 6. Allordinances and partso ofo ordinances in conflict herewith are hereby expressly repealed. Section7. The effective date of this Ordinance shall be the date of adoption unless otherwise  specified herein.  sO ORDAINED, this  dayo of  2024.  CITY OFI HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED ASTO FORM:  First Reading: 11/12/2024 Second Reading/Adoption: 12/10/2024  L'ERIN BARNES WIGGINS, City Attorney  Created: 2024-10-28 15:30:17 [EST]  (Supp. No. 16)  Page 11 of11    Type of Request  ITEM# 9C  City of Hampton LEGISLATIVE! SUMMARY  Discussion of ORDINANCE 2024-25 (SECOND  GEORGIE Meeting Date: 12/10/2024 Action Type: Action by City Council  READ)  Department Requesting Agendal Item  Finance  Exhibit Attachments for Agendal Item: 1) Copyofs summaryofa account 100- 0000-37-1000 2) 3) 4) 5) 6)  Fori informational/discussion purposes only  Presenter: Alex Cohilas Agenda Item:  Ordinance 2024-25 is to consider the recommendation and to adjust the City's revenues for the revenue Donation totaling $31,000 for the Hampton Youth Club (HYC) and the funds be accepted, deposited, recorded, reported, and posted to the revenue account, Donations- Private Source (Account number 100-0000-37-1000, in the City's General Ledger Revenue  portfolio.  Background/Summary:  To adjust the City's revenue for the Private Donation of $31,000 relating to the  funding of the scoreboard structure and operation.  Financial mpicatonsConscerations -Isp project! budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Is project grant funded and will require a andi those funds arelare not budgeted.  N N NX NX NX  Y Y  %r match  -ls this request a Capital Project and part of Capital Projectl List?  Additional CommensPecommenditons    CITY OF HAMPTON STATE OF GEORGIA  ORDINANCE NO. 2024-25  AN ORDINANCE TO AMEND THE FISCAL YEAR (FY) 2025 BUDGET; TO ALLOW FOR ACCEPTANCE OF FUNDS FROM THE HAMPTON YOUTH CLUB ("HYC"); TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR  OTHER LAWFUL PURPOSES.  THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: SECTION 1. FYE2025 Budget Amendment.  WHEREAS, the Mayor and Council are the governing body of the City of Hampton, WHEREAS, the City of Hampton sets and produces a budget to cover the City's collections WHEREAS, the City is currently operating in the Fiscal Year Ending ("FYE)September. 30, 2025 budget and seeks to make changes in appropriations in accordance with City Charter  Georgia; and  and expenses each fiscal year; and  Section 6.29; and  WHEREAS, the City operates and maintains Coley Park and leases its use to the HYC; WHEREAS, the HYC raised $31,000.00 in funds to improve Coley Park for their use and WHEREAS, to receive these funds from the HYC, the FYE2025 budget requires an WHEREAS, the City has determined that a budget amendment is necessary to initiate an BE IT HEREBY ORDAINED, by a majority vote of the Mayor and Council of the City of Hampton that the FYE2025 budget be amended to accept $31,000.00 from the HYC and said revenue be received into the general fund of the City as restricted for the use of improvements SECTION2. The preamble of this Ordinance shall be considered to be and is hereby  future use of citizens and visitors to the City of Hampton; and  amendment; and  acceptance of the donation from HYC1 to the City.  to Coley Park.  incorporated by reference as if fully set out herein.  1    SECTION 3. This Ordinance shall be codified in a manner consistent with the laws oft the State SECTION 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. Iti ist thei intention oft the governing body, and iti is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections oft this Ordinance may be renumbered, if  of Georgia and the City of Hampton.  necessary, to accomplish such intention.  SECTION 5.  a. Itishereby declared to be thei intention oft the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases oft this Ordinance are or were, upon their enactment, believed b. Itis hereby declared to bet thei intention oft the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase ofthis Ordinance is mutually dependent upon any other section, paragraph, sentence, clause In the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree ofany courtofcompetent, jurisdiction, iti ist the expressi intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability. shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly SECTION7. The effective date oft this Ordinance shall bet the date of adoption unless otherwise  by the Mayor and Council to be fully valid, enforceable and constitutional.  or phrase of this Ordinance.  enforceable, and of full force and effect.  repealed.  specified herein.  SO ORDAINED, this  day of  2024.  2    CITY OF HAMPTON, GEORGIA ANN TARPLEY, Mayor  ATTEST: City Clerk  APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney  First Reading: Second Reading/ Adoption:  11/12/2024 12/10/2024  3    Type of Request  ITEM# 9D  City of Hampton LEGISLATVESUMMARY  ORDINANCE 2024-26 TO AMEND THE FISCAL YEAR (FY) )2024 BUDGET L2nd Reod) Department Requesting Agenda Item  GEORGI Meeting Date: 12./0/2024 Action Type: Action by City Council  Finance  Exhibit Attachments si for Agenda Item: 1) Breakout of budget 2) 3) 4) 5) 6)  Forir informationaliscussion purposes only  Presenter: Alex Cohilas Agenda Item:  ORDINANCE 2024-26 TO AMEND THE FISCAL YEAR (FY) 2024 BUDGET; TO ALLOW FOR. A BALANCED BUDGET; TO PROVIDE AN ADOPTIONA AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES  BackgroundSummary:  Financial mpicatonsConsiceratons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willi the project require funds? -Is project grant funded and will require a andi those funds arelare not budgeted.  Y Y Y Y Y  N N N N N  %match  -Ist this request a Capital Project and part of Capital Project List?  Additional CommemsPecommendatons    CITY OF HAMPTON STATE OF GEORGIA  ORDINANCE NO. 2024-26  AN ORDINANCE TO AMEND THE FISCAL YEAR (FY) 2024 BUDGET; TO ALLOW FOR A BALANCED BUDGET; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.  THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: SECTION 1. FYE2024 Budget Amendment.  WHEREAS, the Mayor and Council are the governing body of the City of Hampton, WHEREAS, the City of Hampton sets and produces a budget to cover the City'sc collections WHEREAS, the City ended FY2024 on September 30, 2024 and determined that the attached budget amendments are necessary to ensure that the FY2024 is closed as balanced; and WHEREAS, in accordance with City Charter Section 6.29, the City seeks to make changes BE IT HEREBY ORDAINED, by a majority vote of the Mayor and Council of the City of Hampton that the FYE2024 budget be amended as reflected in Exhibit "A", attached hereto and SECTION2. The preamble oft this Ordinance shall be considered to be and is hereby  Georgia;and  and expenses each fiscal year; and  ina appropriations as indicated in the attached Exhibit "A".  incorporated by reference.  incorporated by reference as if fully set out herein.  SECTION3. This Ordinance shall be codified in a manner consistent with the laws oft the State SECTION 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. Iti is thei intention oft the governing body, andi iti is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections oft this Ordinance may be renumbered,if  of Georgia and the City of Hampton.  necessary, to accomplish such intention.  1    SECTION 5.  a.Itishereby declared to bet the intention oft the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases oft this Ordinance are or were, upon theire enactment, believed b. Itis hereby declared to be the intention oft the Mayor and Council that, toi the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, nos section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause In the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional. or otherwise unenforceable by the valid judgment or decree ofa any court ofcompetent) jurisdiction, iti is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability, shall, to the greatest extent allowed by law, not render invalid, unconstitutional. or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed by law, all remainingphrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, SECTION6. All ordinances and parts of ordinances in conflict herewith are hereby expressly SECTION7. The effective date ofthis Ordinance shall bei the date of adoption unless otherwise  by the Mayor and Council to bei fully valid, enforceable and constitutional.  or phrase of this Ordinance.  enforceable, and of full force and effect.  repealed.  specified herein.  SO ORDAINED, this  day of  2024.  CITY OF HAMPTON, GEORGIA ANN TARPLEY, Mayor  2    ATTEST: City Clerk  APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney  First Reading: Second Reading/ Adoption:  11/12/2024 12/10/2024  3    Exhibit "A"  (FYE2024 Budget Amendments)  4    City of Hampton  Fiscal Year 2024 Budget Amendment  The City's General Fund Operating Budget  Source of Funding: Community Development Department FY24 Budget to decrease  $50,000-Account 100-7450-51-1100-Salaries  $50,000-Account 100-7450-52-1230-Professional Services Engineers $35,000-Accountr 100-7450-52-1232-Contractual Services $13,000-Account 100.7450-52-1236-Ime Search  Total-$148,000  Departments in FY24 Operating Budget to increase:  City Clerk  $8,000-Account 100-1330-52-1232-Contract Services (Elections)  Human Resources Municipal Court  $6,000-Account 100-1540-52-1230-Professional Services (SalaryStudy) $30,000-Account 100-2650-57-1020 - Prosecutor (Indigent Defense) $25,000-Account 100-2650-57-1030 - Peace Officer, A&B (Attorney & Booking) $15,000-Account 100-2650-57-1080 -H Henry County. Jail Agreement  Economic Development-Main Street  $64,000-Account 100-7555-54-2500 - Outdoor Speakers  TOTAL=S148,000    Type of Request Resolution 2024-46  ITEM# 10A  City of Hampton LEGISLATIVE SUMMARY  SEORGIES Meeting Date: 12/10/2024 Action Type: Action by City Council Presenter: Alex Cohilas Agenda Item:  Department Requesting Agenda Item Office of the City Manager Exhibit Attachments si for Agenda Item:  Fori informationaldiscussion purposes only  1) 2) 3) 4) 5) 6)  Item 10A. Consideration and Action on the adoption of Resolution 2024-46 to approve the  regular meeting dates and all City holidays for 2025.  BackgroundSummay:  Each year, council considers and adopts regular meeting dates and City of Hampton holidays for each upcoming calendar year. This year, we are proposing two key changes; adopting November 10, 2025 for regular session meeting, in lieu of Veteran's Day, November 11, 2025, and adopting the day after Christmas, December 26, 2025, in lieu of Christmas Eve.  Financial mpications.Comsderatons -Isp project budgeted? -Will project require the use of Fund Balance? lfyes, please state amount $ -Will the project require funds? -Isp project grant funded and wil require a. and those funds arelare not budgeted.  YX N NX Y Nx Y  %r match  NX NX  -Ist this request a Capital Project and part of Capital Project List?  Additional CommemsPecommendtons    CITY OF HAMPTON STATE OF GEORGIA  RESOLUTION NO. 2024-46  WHEREAS, the Mayor and Council are the governing body oft the City of Hampton, Georgia; and WHEREAS, the Mayor and Council conduct open meetings monthly to discuss the business oft the WHEREAS, the Mayor and Council observes certain state and federal holidays; and WHEREAS, such holidays may affect the meeting schedule for the calendar year of 2025; and WHEREAS, beginning in January 2025, the meeting schedule and holiday schedule will be observed by the City of Hampton as listed in the attached Exhibit "A" and any additional meetings or  City of Hampton; and  holiday closings will be published and noticed as required by law; and  BE IT HEREBY RESOLVED, by a majority vote of the Mayor and Council of the City of Hampton, that the meeting schedule of the Mayor and Council meetings and the observed holidays shall be as  indicated on the attached Exhibit "A", incorporated by reference.  SO RESOLVED, this day of  2024.  ATTEST:  THE CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  Carmen Blount, Deputy City Clerk APPROVED. AS TO FORM:  L'Erin Barnes Wiggins, City Attorney  1    Exhibit "A"  2    STATE OF GEORGIA CITYOFHAMPTON RESOLUTIONN NO.  WHEREAS, the duly elected governing authority of the City of Hampton, Georgia (the "City")i is the Mayor and Council authorized to set the regular meeting dates and time and holidays fort the City; WHEREAS, the Regular Meeting of the City Council will be conducted on the Second' Tuesday ofe each month in the city council chambers located at 17 East Main Street, South, Hampton,  Georgia at 6:30 p.m. on the following dates for the year 2025.  January 14, 2025 February 11,2025 March 11, 2025 April8,2025 May 13, 2025 June 10, 2025  July 8, 2025 August 12, 2025 September 9, 2025 October 14, 2025 December 9, 2025  November 10, 2025 (as Nov. 11i is Veteran's Day)  WHEREAS, the Citywilla acknowledge the following as official City Holidays for the year 2025:  1/1/2025- -N New' Year's! Day 1/15/2025-1 Martin Luther King, Jr. Day 5/26/2025-Memonal Day 6/192025-uneteentn 742025-Independence Day 9/1/2025-Laborl Day 11/1/2025-Veterans day 11272025-Tmanegvns Day 11/28/2025 - Day after Thanksgiving 12252025-Christmes Day  12/26/2025- Day After Christmas in place of Christmas Eve  Employee's Birthday    BEI ITI RESOLVED by the Mayor and Council of the City of Hampton, Georgia that City.  sO RESOLVED this day of December 10, 2024  CITY OF HAMPTON, GEORGIA: ANNTARPLEY, Mayor ATTEST:  CARMEN BLOUNT, Deputy City Clerk APPROVED ASTOI FORM:  L'ERIN BARNES WIGGINS, City Attorney    Type of Request Resolution 2024-47  ITEM# 10B  City of Hampton LEGISLATIVE SUMMARY  Meeting Date: 12/10/2024 Action Type: Action by City Council Presenter: Alex Cohilas Agenda Item: Clerk.  Department Requesting Agendal Item Office of the City Manager Exhibit Attachments st for Agenda Item: 1) Job! Description for City Clerk  Fori informationaldiscussion purposes only  2) 3) 4) 5) 6)  Item10B. Consideration and Action on the adoption of the upgraded job description for City  Background/Summary:  The role of City Clerk has been updated primarily to eliminate the job duty of procurement. Other changes were made to the opening summary of the job description and some bulleted  items were updated for more clarity inj job functions.  Financial mpicationsConsderations -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Will the project require funds? -Isp project grant funded and willr requirea. and thosei funds arelare not budgeted.  Y  Nx NX Y Nx Y  %1 match  NX NX  -Ist this request a Capital Project and part of Capital Project List?  Additional Comments/Recommendations    STATE OF GEORGIA CITY OF HAMPTON  RESOLUTION NO. 2024-47  A I RESOLUTION TO AMEND THE POSITION OF CITY CLERK; TO PROVIDE AN  EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES.  WHEREAS, the duly elected governing authority of the City of Hampton, Georgia (the  "City") is the Mayor and Council thereof; and  WHEREAS, in accordance with City Charter $ 2-16(c), the Mayor and Council desire to amend the City Clerk position to provide for duties consistent with the current administration and adopt the corresponding amended position description for the City's departmental structure to  ensure efficient and effective government; and  WHEREAS, the attached position description for City Clerk isi incorporated by reference and said description reflects thej professionalism, education, experience, and skills required to work  as the City Clerk for the City.  BE IT RESOLVED by the Mayor and Council oft the City of] Hampton, Georgia that the attached position description for City Clerk shall be amended, be effective immediately and shall be made a part oft the FYE2025 budget as a fully funded position in the City of Hampton.  sO RESOLVED this  day of  2024.  Attest:  THE CITY OF HAMPTON, GEORGIA  Carmen Blount, Deputy City Clerk  ANN N. TARPLEY, Mayor    Approved as to form:  L'Erin Wiggins, City Attorney  2    Exhibit "A"  (Attach position description for City Clerk)    ORIGINAL  CITY CLERK Job Description  REPORTSTO: City Council CLASSIFICATION: Full-time regular DATE. APPROVED: October 8, 2024  DEPARTMENT: Administration FLSAS STATUS: Exempt DATE REVISED: October 8, 2024  RGIP  JOB SUMMARY:  TheCityofHamptoni isa accepingapications: fora af full-time City Clerk. Thisisadministativeand clerical modified work responsible for the functioning of City Hall. Work involves maintaining official City records, sectionf for providing support to the City Manager, Mayor, and City Council, in addition to responding to citizen inquires and concerns. This position is supervised by and reports directly to the City Manager.  *Change: entire clarity.  POSITIONT CONTEXT:  While performing the duties of this job, the employee may be required to sit, stand, talk, and operate a computera and telephone keyboardt toreach, stoop and kneel for an extended period oft time. Lightt to moderate  liftingi is required. Major Duties:  Provides support to City Manager, Mayor, City Council, and department heads as necessary to ensure effective administration and implementation of City-approved policies, and adherence to city ordinances and resolutions; files various Federal and State reports; provides Attends regular and special Council meetings; oversees or performs an accurate recording of the proceedings and preparation of the minutes, proper legislative terminology, indexing and  various reports to the City Manager as requested  filing for the public record; distributes information as requested  *Change: broke upa Supports the maintenance of City records and  documents;  certification and  section for clarity section 3-5)  public  performs  (see newb bulletsin recording for the City as required on legal documents and other records requiring such  certification; seals and attests by signature to ordinances, resolutions, contracts, easements, deeds, bonds, or other documents requiring City certification; catalogs and files all City  records.  *Change: replacedn Provides secretarial support to the Mayor and Council;  and composes types  of various forms  'secretarial" with 'administrative  ofwritten correspondence  "Change: added . Responds to open record requests  "inati timely manner" tob ber more concise  Serves as superintendent of City elections  Administers the City charter, City ordinances and council actions  COH-HR Rev. 10/08/2024  Page1 1 of3    CITY CLERK Job Description  Provides public records and information to citizens, civic groups, the media and other agencies as Directly assists the City Managerand Department Heads by overseeing the RFP and bid process  requested  "Change: removed entire procurement duties  bullete eliminating for procurement ofcertain services  Updates City codes and ordinances after passage by the council  Performs related work as required  Change: added' "manages travel arrangements forthe City Council"  KNOWLEDGE, SKILLS AND. ABILITIES REQUIRED:  Knowledge ofmodern office practices, methods, equipment, and standard clerical procedures Knowledge of administrative practices and principles including goal setting Knowledge of City ordinances, City investment policies and bond agreements, property tax allocation, Federal and State laws governing local governments Knowledge of or ability to learn municipal laws, policies, codes, and regulations Knowledge of or ability to learn the legal requirements related to keeping and preserving  Council minutes and all official City records Knowledge ofs supervisory and management practices Skill in the operation ofr modern office equipment Ability to understand complex legal issues and requirements Ability to obtain city clerk certification Ability to complete internal core courses as determined the Ability to handle confidential matters with discretion Ability to understand and follow oral and written instructions Ability to communicate clearly and effectively, orally and in writing Ability to establish and maintain effective working relationships with  Change: removed' Skllinshorthand or speed writing  entireb bulleta as shorthand is not required Change: removed "Ability to obtain clerk city certification" because thisi is already listed int the Minimum Qualifications Section Change: added word professionally" to last highlighted bullett to complete sentence style  by city  Ability to prepare clear and concise reports and maintain minutes and important records  City employees, City  officials and the general public  60H-HR Rev. 10/08/2024  Pagez 2of3    CITY CLERK Job Description  MINIMUM QUALIFICATIONS:  Bachelor's degree in business management, public administration, or related field preferred; five (5)years related experience; preferably State of Georgia Municipal Clerk Certification; or any equivalent combination of education and public sector experience will be considered. Must achieve Georgia Municipal Clerk Certification within two years ofe employment.  WORKING CONDITIONS/PHYSICALREQUIREMENTS:  Duties are performed primarily in an office setting and will routinely transition from sitting to a standing position. Tasks will involve extended periods of time at a keyboard, and workstation. The person in this position needs to move about inside the office to assist the City Manager, access file Thej position willl have frequent contact with others andi may require prolonged periods ofconcentration and the ability to cope with numerous interruptions and changing priorities. Physical ability to hear ordinary conversation, such as questions from thej public, as well as others sounds, such as thet telephone  cabinets, office equipment, etc.  ringing, etc. EQUIPMENTUSED:  General office equipment including computer, scanner, printer, copier and telephone.  Calculators, laptops, and tablets.  STATEMENT OF OTHER: DUTIES DISCLAIMER:  The preceding, job description does not constitute an employment contract. It has been designed toi indicate the general nature and essential duties and responsibilities of work performed by employees within this position. It may not contain a comprehensive inventory of all duties, responsibilities, and qualifications required of employees to do this job. Incumbent will perform other duties as assigned by immediate  supervisor.  60H-HR Rev.: 10/08/2024  Page 3of3    REVISED  CITY CLERK Job Description  REPORTS TO: City Council CLASSIFICATION: Full-time regular DATE. APPROVED: JOBS SUMMARY:  DEPARTMENT: Administration FLSA STATUS: Exempt LAST CHANGED: October 8, 2024  GEORGIS  The City Clerk serves as a vital link between the elected officials, city administration, and the public. This position ist responsible for maintaining official city records, coordinating city council meetings, and ensuring compliance withl local, state, and federal regulations. Furthermore, the City Clerk plays ak key role in upholding transparency and accountability within the City of Hampton municipal government. This position is appointed by the Council but supervised by and reports directly to the  City Manager. POSITION CONTEXT:  While performing the duties ofthis) job, the employee may ber required to sit, stand, talk, and operate ac computer and telephone keyboard to reach, stoop, and kneel for an extended period oft time. Light  tor moderate lifting is required. Major Duties:  Provides support to City Manager, Mayor, City Council, and department heads as necessary to ensure effective administration and implementation of City-approved policies, and adherence to city ordinances; files various Federal and State reports; provides various reports to the City Attends regular and Special Called Council meetings; oversees or performs an accurate recording of the proceedings and preparation of the minutes, proper legislative terminology, indexing and Interms ofrecordkeeping and maintenance, maintains accurate and secure records of ordinances, resolutions, contracts, and all responsibilities in support of the Municode system to ensure Performs certification and recording for the City as required on legal documents and other records requiring such certification; seals and attests by signature to ordinances, contracts, easements, deeds, bonds, or other documents requiring City certification; catalogs and files all City records Ensure compliance with open meeting laws, public records laws, and other legal requirements Provides administrative support to the Mayor and Council; composes and types of various forms  Manager as requested  filing for the public record; distributes information as requested  compliance with all regulatory requirements  affecting municipal operations ofwritten correspondence COH-HR Rev. 10/8/2024  Responds to open record requests in ai timely manner  Page1of3    CITY CLERK Job Description  Serves as superintendent of City elections  Administers the City charter, City ordinances and council actions  Provides public records and information to citizens, civic groups, the media and other agencies as  requested  Updates City codes and ordinances after passage by the council  Performs related work as required  Manages travel arrangements for the City Council KNOWLEDGE, SKILLS AND ABILITIES REQUIRED:  Knowledge ofr modern office practices, methods, equipment, and standard clerical procedures Knowledge of administrative practices and principles including goal setting allocation, Federal and State laws governing local governments  Knowledge of City ordinances, City investment policies and bond agreements, property tax Knowledge of or ability to learn municipal laws, policies, codes, and regulations Knowledge of or ability to learn the legal requirements related to keeping and preserving  Council minutes and all official City records Knowledge ofs supervisory and management practices Skill in the operation of modern office equipment Exceptional organizational and time management abilities Ability to understand complex legal issues and requirements Ability to complete internal core courses as determined by the City Ability to handle confidential matters with discretion professionally  Ability to prepare clear and concise reports and maintain minutes and important records  Ability to understand and follow oral and written instructions Ability to communicate clearly and effectively, orally and in writing  60H-HR Rev. 10/8/2024  Pagez 2of3    CITY CLERK Job Description  Ability to establish and maintain effective working relationships with City employees, City  officials and the general public MINIMUM QUALIFICATIONS:  Bachelor's degree in Business Management, Public Administration or related field preferred; five (5)years related experience; preferably State of Georgia Municipal Clerk Certification; or any equivalent combination of education and public sector experience will be considered. Must achieve  Georgia Municipal Clerk Certification within two years of employment. WORKING CONDITIONS/PHYSICAL REQUIREMENTS:  Duties are performed primarily in an office setting and will routinely transition from sitting to ast standing position. Tasks will involve extended periods of time at a keyboard, and workstation. The person in this position needs to move about inside the office to assist the The position will have frequent contact with others and may require prolonged periods of concentration and the ability to cope with numerous interruptions and changing priorities. Physical ability to hear ordinary conversation, such as questions from the public, as well as  City Manager, access file cabinets, office equipment, etc.  other sounds, such as the telephone ringing, etc.  EQUIPMENTUSED:  General office equipment including computer, scanner, printer, copier and telephone.  Calculators, laptops, and tablets.  STATEMENT OF OTHER DUTIES DISCLAIMER:  The preceding job description does not constitute an employment contract. It has been designed to indicate the general nature and essential duleromireponsibilere ofwork performed byemployees within this position. It may not contain a comprehensive inventory ofall duties, responsibilities, and qualifications reguiredofemployees to do this job. Incumbent will perform other duties as assigned  by immediate supervisor.  60H-HR Rev. 10/8/2024  Page: 3of3    CITY OF HAMPTON STATE OF GEORGIA  RESOLUTION NO. 24-48  A RESOLUTION TO IMPOSE A MORATORIUM ON GAS STATION CONCEPT PLAN SUBMITTALS FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS WHILE THE CITY CONSIDERS CHANGES TO ITS ARTICLE 4. USE PROVISIONS OF THE ZONING ORDINANCE; TO PROVIDE FOR THE PURPOSE OF THE MORATORIUM, TO PROVIDE FOR FINDINGS OF FACT, IMPOSITION OF MORATORIUM, THE DURATION OF THE MORATORIUM; TO PROVIDE FOR AN APPEAL PROCESS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE A PENALTY; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER  PURPOSES.  WHEREAS, the Mayor and City Council of Hampton have been vested with substantial powers, rights and functions to generallyregulate the practice, conduct oruse  general welfare of the City of Hampton; and  WHEREAS, Georgia law recognizes that local governments may impose moratoria on zoning decisions, building permits, and other development approvals where exigent circumstances warrant the same, pursuant to the case lawi found at Taylorv. Shetzen, 212 Ga. 101, 90S.E.2d! 572 (1955); Lawson V. Macon, 214 Ga. 278, 104 S.E.2d425 (1958); and most recently City of Roswell et al V. Outdoor Systems, Inc., 274 Ga. 130, 5495.E.2d90  (2001); and  WHEREAS, the Courts take) judicial notice ofa a local government's inherent ability to WHEREAS, the Georgia Supreme Court, in the case of DeKalb Countyv. Townsend, 243 Ga. 80 (1979), held that, "To justify a moratorium, it must appear first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment: of the purpose, and not unduly oppressive uponi individuals." The Mayor and City Council of Hampton have found that the interests of the public necessitate the enactment of a moratorium for health, safety, morals and general welfare purposes by  impose moratoria on an emergency basis; and  means which are reasonable and not unduly oppressive; and  I    WHEREAS, the Mayor and City Council of Hampton have, as a part of planning, zoning and growth management, are preparing an update to it's City's Zoning Ordinance and have been studying the City's best estimates and projections of the type of development which could be anticipated within the City of Hampton; and  WHEREAS, the Mayor and City Council of Hampton deem it important to develop a Zoning Ordinance which integrates all of these concerns and therefore considers this  moratorium a proper exercise of their police powers; and  WHEREAS, the Mayor and City Council of Hampton therefore consideri it paramount that land use regulation continues in the most orderly and predictable fashion with the least amount of disturbance to business owners and to the citizens of the City of Hampton. The Mayor and City Council of Hampton have always had a strong interest in growth management so as to promote the traditional police power goals ofhealth,safety, morals, aesthetics and the general welfare of the community; and in particular the lessening of congestion on City streets, security of the public from crime and other dangers, promotion of health and general welfare of its citizens, protection of the aesthetic qualities oft the City of Hampton including access to air and light, and facilitation of the adequate provision of transportation and other public requirements; and  WHEREAS, itist the belief oft the Mayor and City Council of Hampton that the concept of" "publicwelare'sbroad and inclusive; that the values it represents are: spiritual as well as physical, aesthetic as well as monetary; and that it is within the power of the City of Hampton "to determine that a community should be beautiful as well as! healthy, spacious as well as clean, well balanced as well as carefully patrolled," Berman V. Parker, 348 U.S. 26, 75S.Ct. 98 (1954), iti isa also the opinion of the City of Hampton that "general welfare" includes the valid public objectives of aesthetics, conservation of the value of existing lands and buildings within the City of Hampton, making the most appropriate use of resources, preserving neighborhood characteristics, enhancing and protecting the economicv well-being of the community, facilitating adequate provision of publicservices,  and the preservation of the resources of the City of Hampton; and  WHEREAS, the Mayor and City Council of Hampton are, and have been interested in developing a cohesive and coherent policy regarding residential and commercial growth and zoning in the City of Hampton, and have intended to promote community development through stability, predictability and balanced growth which will further the  prosperity of the City of Hampton as a whole; and  2    WHEREAS, the City Manager, the City's Consultants for engineering and planning, the City selected: stakeholders, and the City Attorney are reviewing the Zoning Ordinance;  and  WHEREAS, it isi ini the besti interest of the citizens of Hampton to place a moratorium on the application and approval of concept plans for gas stations as defined in the City of Hampton Code of Ordinance, Appendix A. Article 2. Definitions. until the review is  completed.  NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF HAMPTON,  GEORGIAA ANDI ITI IS HEREBY RESOLVED: SECTION1. FINDINGS OF FACT  The Mayor and City Council of Hampton hereby make the following findings of fact: a. It appears that the City of Hampton Zoning Ordinance is in the process of being b. The City'songoing revision ofits Zoning Ordinance requires that al limited cessation oft the application and issuance of approval of concept plans for gas stations; C. Itis necessary and in the public interest to delay, for a reasonable period of time, the processing of any applications for such new concept plans to ensure that the same are consistent with the long-term planning objectives of the City; and  reviewed and revised by the City;  SECTION2. IMPOSITION OF MORATORIUM  a. There is hereby imposed a moratorium on the application and issuance of approval b. The duration of this moratorium shall be until the City completes its review and update to its Zoning Ordinance or until the expiration of ninety (90) days from - This moratorium shall be effective as of the date of adoption of this Resolution. d. This moratorium shall have no effect upon approved permits, applications, annexations, rezonings, etc. occurring before the effective date of this Resolution. e. This moratorium shall have no effect upon applications for residential building  for gas station concept plans for all zoning districts.  enactment, whichever first occurs.  permits.  3    f. As of the effective date of this Resolution, except for the allowances in Section 2(d), no applications for concept plan review of gas stations will be accepted by any agent, employee or officer of the City with respect to any property in the City of Hampton. Should any be so accepted for filing, it will be deemed in error, null and void and of no effect whatsoever and shall constitute no assurance whatsoever of any right to engage in any act, and any action in reliance on any such * The following procedures shall be put in place immediately. Under the Supreme Court case of Cannon V. City of Riverdale, 255 Ga. 63, 335 S.E.2d 294 (1985), the Supreme Court stated, Wherealandownermakesasubstantial change in position by expenditures and reliance on the probability of the issuance of a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite ac change in the zoning ordinance which would otherwise preclude the issuance of a permit." Pursuant to this case, the City of Hampton recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide exemptions from the moratorium where vesting has  license or permit shall be unreasonable.  occurred:  1. A written application, including verified supporting data, documents and facts, may be made requesting a review by the Mayor and City Council of Hampton at a scheduled meeting of any facts or circumstances which the applicant feels substantiates a claim for vesting and the grant of an exemption.  SECTION 3. During the duration of the moratorium described in Section 2 of this Resolution all permits orr rezoningss subject tot the moratorium shall be denied withinthirty SECTION 4. During the duration of the moratorium described in Section 2 of this Resolution, the City of Hampton's procedure for variances and annexations Ordinances SECTION5. It is hereby declared to be the intention of the Mayor and City Council of Hampton that all sections, paragraphs, sentences, clauses and phrases of this Resolution areand were, upon their enactment, believed by the Mayor and City Council of Hampton to be fully valid, enforceable and constitutional. Itis hereby declared to be the intention of the Mayor and City Council of Hampton that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Resolution is severable from every other section, paragraph, sentence, clause or phrase therein. Itis  (30) days of receipt of the City's receipt of the application.  shall not be impacted.  4    hereby further declared to be the intention of the Mayor and City Council of Hampton, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Resolution is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Resolution. In the event that any phrase, clause, sentence, paragraph or section of this Resolution shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, iti is the express intent of the Mayor and City Council of Hampton that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Resolution shall remain valid, SECTION 6. All Resolutions or parts of Resolutions in conflict with this Resolution are, to SECTION 7. The preamble of this Resolution shall be considered to be and is hereby  constitutional, enforceable, and of full force and effect. the extent of such conflict, hereby repealed.  incorporated by reference asi iffully set out herein.  SO RESOLVED, this  day of December 2024.  CITY OF HAMPTON, GEORGIA  ANN N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney  5