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Henry County |
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Code of Ordinances |
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Part III. COUNTY ORDINANCES |
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Chapter 3-3. LICENSES AND TAXATION |
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Article VI. PAWNSHOPS |
§ 3-3-124. Permit; issuance decision; appeal.
(a)
After ascertaining that all requisite forms have been completed and filed, that all additional information, including fingerprints and background check as set forth below, has been submitted and the result of such fingerprints and background checks do not reveal the existence of any criminal history which would disqualify an applicant, the occupational tax coordinator, or his/her designee, shall approve or deny the application. Payment of an annual permit fee in an amount established by action of the Henry County Board of Commissioners is due at application.
(1)
Authority. This subsection is enacted pursuant to O.C.G.A. § 35-3-35(a)(1.2), the Georgia Umbrella Statute entitled Dissemination of Information to Public Agencies, Political Subdivisions, Authorities, and Instrumentalities.
(2)
Fingerprinting required. An individual seeking to receive a pawnbroker license shall be fingerprinted as a condition of submitting an application for said license. By filing such application, the applicant consents to the county obtaining their criminal history record information (CHRI) from the Georgia Crime Information Center (GCIC) and the Federal Bureau of Investigation (FBI).
(3)
[Investigation of application.] Upon receipt of the fingerprints and the appropriate fees, the Henry County Occupational Tax Department will transmit both sets of fingerprints to the GCIC. The GCIC will compare the subject's fingerprint against its criminal file and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Federal Bureau of Investigation check will be returned to GCIC, which will disseminate the state and national results to Henry County Occupational Tax Department.
(4)
Access authorized; usage regulations.
(A)
Henry County is hereby authorized to access national criminal history record information pursuant to O.C.G.A. § 35-3-35(a)(1.2).
(B)
Information obtained and handled for any purposes pursuant to this subsection shall comply with all State laws and the Federal Privacy Act.
(C)
No information given as part of the request for a criminal history and no record obtained pursuant to this section may be entered on any database.
(D)
No information given or obtained pursuant to this section shall be subject to the provisions of the Georgia Open Records Act.
(E)
In compliance with Federal Law 95-544, which provides for the rendering of a fitness determination, the Henry County Occupational Tax Coordinator or his/her designee will decide whether the record applicant has been convicted of, or is under pending indictment for enumerated disqualifiers, as set forth within this chapter.
(F)
A person who has consented to the county for a criminal history based on fingerprinting record may request and receive a copy of the criminal history record report from the county at no additional charge. Should the person seek to amend or correct the record, he or she shall be responsible for contacting the GCIC as to Georgia records and/or the FBI concerning records from other jurisdictions maintained in its file.
(b)
In any case in which it appears to the occupational tax coordinator or his/her designee that an applicant is not entitled to the issuance of a permit under the provisions of this chapter, the Henry County Occupational Tax Coordinator or his/her designee shall so notify the applicant in writing by mailing said notice to the last address furnished to the Henry County Occupational Tax Department by the applicant. In the event that the Henry County Occupational Tax Coordinator or his/her designee refuses to issue a permit, or in the event that a permit is surrendered pursuant to the provisions of this chapter, the applicant or permit holder shall have an absolute right of appeal to the board of commissioners according to the procedures set forth herein. The appeal shall be perfected by filing a notice of appeal to the Henry County Board of Commissioners. The notice of appeal to the Henry County Board of Commissioners must be filed within fourteen (14) days following the mailing of the Henry County Occupational Tax Office or his/her designee's notification of denial or surrender of the permit. The Henry County Board of Commissioners shall set a date for hearing on the matter within thirty (30) days after receipt by the applicant of the notice of appeal. Moreover, the Henry County Board of Commissioners shall notify the applicant in writing of the date, time and place with the matter shall be heard.
( Ord. No. 18-07, §§ 1, 2, 12-4-18 )