Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Licensing topic
No spam. Unsubscribe anytime.
Commission returns Riverside alcohol application as incomplete after Georgia Department of Revenue finds applicant ineligible
Summary
County legal staff told commissioners the Georgia Department of Revenue advised the county that the Riverside alcohol license applicant listed "deferred action" immigration status and is not currently eligible for state alcohol licenses; the commission voted to return the local application as incomplete to allow a refund of fees if needed.
Get email alerts on the Licensing topic
No spam. Unsubscribe anytime.
County legal staff told the Macon‑Bibb County Commission that the Georgia Department of Revenue notified the tax commissioner's office that an applicant for an alcohol license for Riverside listed his immigration status as "deferred action" and that U.S. Immigration and Customs Enforcement has not made a determination on his status. The county attorney said the Department of Revenue advised that the applicant is not eligible to hold state alcohol licenses while the federal immigration determination is pending.
The legal representative said that because of the state guidance "he is not currently eligible to hold any state alcohol licenses" and therefore is not eligible for a local alcohol license under the same criteria. The county attorney presented two options for the commission: return the application as incomplete (which would allow the applicant to receive a refund of fees) or deny the application (which would forfeit the fees). "Legal no longer recommends approval on this, but defers to the commission as far as what to do with this license," the attorney said.
The commission voted to return the application as incomplete to allow the applicant an opportunity to recover fees if the federal decision ultimately leaves him ineligible. The motion to return the application as incomplete passed and was sent to the consent agenda; the motion was seconded by Commissioner Bailey.
Why it matters: the county is following guidance from the Georgia Department of Revenue and is treating eligibility for state licensing as determinative for local issuance. Returning the application as incomplete preserves the applicant's option to seek a refund of fees if federal immigration clarification does not arrive in his favor.
Commissioners asked clarifying questions about timing and effect. Commissioner Williams asked whether federal action could come quickly or take months; legal staff replied it could be "any day or it could be months from now" and that the applicant will remain ineligible for state or local licenses until the federal determination is cleared. A commissioner also asked whether, hypothetically, approving locally would permit service; legal staff reiterated that state rules make the applicant ineligible to hold the license even if local approval were granted.
Ending: The commission returned the Riverside application as incomplete and the matter will be revisited after any federal action or additional advice from the Department of Revenue; no license was approved at the meeting.
