O.C.G.A. § 13-1-10 (2019)
Licenses and contracts distinguished
Where, in the exercise of the police power, a license is issued, the license is not a contract but only a permission to enjoy the privilege for the time specified, on the terms stated; and it may be abrogated.
History
(Civil Code 1895, § 15; Civil Code 1910, § 15; Code 1933, § 20-117.)
Annotations
History of section. - This Code section is derived from the decisions in Brown v. State, 82 Ga. 224, 7 S.E. 915 (1888), and Sprayberry v. City of Atlanta, 87 Ga. 120, 13 S.E. 197 (1891).
JUDICIAL DECISIONS
License granted by city to engage in business within city's boundaries is not a contract. City of Thomson v. Davis, 92 Ga. App. 216, 88 S.E.2d 300 (1955).
License or permit to establish cemetery on described lands is personal privilege and not assignable. - Though it be considered as a grant running with land, such license or permit does not attach if land is not dedicated to public use for burial purposes. Arlington Cem. v. Bindig, 212 Ga. 698, 95 S.E.2d 378 (1956).
City not authorized to arbitrarily revoke business license. - Section has reference to licenses issued in exercise of police power, and city has no authority to arbitrarily revoke business license which city has granted to proprietor of restaurant or lunch counter. Peginis v. City of Atlanta, 132 Ga. 302, 63 S.E. 857, 35 L.R.A. (n.s.) 716 (1909).
RESEARCH REFERENCES
Am. Jur. 2d. - 50 Am. Jur. 2d, Licenses and Permits, §§ 2 et seq., 29, 89.
C.J.S. - 17A C.J.S., Contracts, § 327.
ALR. - Willful or intentional variation by contractor from terms of contract in regard to material or work as affecting measure of damages, 6 A.L.R. 137.