O.C.G.A. § 36-60-1 (2019)
Licensing of self-service motor fuel dispensing pumps; penalty for operation without license or attendant
(a) The governing authority of each county and municipal corporation is authorized to license the operation of self-service motor fuel dispensing pumps and to charge a fee for each license. If the governing authority determines that the operation of self-service motor fuel dispensing pumps will not be injurious to the health or welfare of the residents of the political jurisdiction affected, it shall grant a license to any applicant not otherwise disqualified by law who makes application on a form prescribed by the governing authority. The license shall be effective from January 1 to December 31 of each year.
(b) It shall be unlawful for any person, firm, or corporation to operate a self-service motor fuel dispensing pump unless an attendant is present at the pump’s location and such person, firm, or corporation has obtained a valid license from the governing authority of the political jurisdiction affected. Any person, firm, or corporation violating this Code section shall be guilty of a misdemeanor.
(c) This Code section shall not apply to motor fuel dispensing units which are not open to the public.
History
Ga. L. 1971, p. 683, §§ 1-3.
Annotations
Cross references. - Dispensing of gasoline at self-service pumps to holders of special disability permits, § 10-1-164.1. Motor fuel taxes generally, § 48-9-1 et seq.
Law reviews. - For article as to the power of Georgia local governments to regulate the trades and occupations of its citizens, see 9 Ga. L. Rev. 115 (1974).
JUDICIAL DECISIONS Statute is not unconstitutional. - Statute’s enactment was a proper exercise of the police power, and the statute’s delegation on a local option basis of police power to the local governing authorities was a proper, and not unconstitutional,
delegation. Stop-N-Go Markets of Ga., Inc. v. City of Clarkston, 238 Ga. 307, 232 S.E.2d 906 (1977). Cited in J & L Oil Co. v. City of Carrollton, 230 Ga. 817, 199 S.E.2d 190 (1973).
RESEARCH REFERENCES Am. Jur. 2d. - 38 Am. Jur. 2d, Garages, and Filling and Parking Stations, §§ 12, 13, 122, 126. C.J.S. - 53 C.J.S., Licenses, § 142. 101A C.J.S., Zoning and Land Planning, §§ 63, 125 et seq. ALR. - Public regulation or authorization of gasoline filling stations, 18 A.L.R. 101; 29 A.L.R. 450; 34 A.L.R. 507; 42 A.L.R. 978; 49 A.L.R. 767; 55 A.L.R. 256; 79 A.L.R. 918; 96 A.L.R. 1337. Rights and remedies of parties in respect to lease of filling station, 83 A.L.R. 1416; 126 A.L.R. 1375.
Automobile gas filling or supply station as a nuisance, 124 A.L.R. 383. Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339. Validity and construction of statute or ordinance regulating or prohibiting self-service gasoline filling stations, 46 A.L.R.3d 1393.