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O.C.G.A. § 31-28-2 — Issuance of permits | Georgia Code

O.C.G.A. § 31-28-2 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 31 HEALTH

Section 28. Tourist Courts, 31-28-1 through 31-28-7.

CHAPTER 25 ARTICLES OF BEDDING

31-28-2. Issuance of permits.

It shall be unlawful for any person, firm, or corporation to operate a tourist court without having first obtained a valid permit therefor. Such permit shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health but, where the county board of health is not functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location.

(Ga. L. 1953, Nov.-Dec. Sess., p. 475, § 2; Code 1933, § 88-1102, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1996, p. 6, § 31; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

The 2011 amendment, effective July 1, 2011, substituted "Department of Public Health" for "Department of Community Health" in the second sentence of this Code section.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Applicability of injunction under § 31-5-9. - In absence of statutory provision for operation of motel, whether operated alone or in conjunction with a restaurant, while application for permit for its operation is pending, unlawful operation is subject to injunction under provisions of Ga. L. 1964, p. 499, § 1. Cobb County Health Dep't v. Henson, 226 Ga. 801, 177 S.E.2d 710 (1970).

Cited in Aldridge v. Georgia Hospitality & Travel Ass'n, 251 Ga. 234, 304 S.E.2d 708 (1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Mobile Homes and Trailer Parks, §§ 5, 6.

C.J.S.

- 39A C.J.S., Health and Environment, § 65 et seq. 43A C.J.S., Inns, Hotels, and Eating Places, § 6.

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