Licensing of Self-Service Motor Fuel Dispensing Pumps; Penalty for Operation Without License or Attendant

1. Law
2. Georgia Code
3. Local Government
4. General Provisions
5. Licensing of Self-Service Motor Fuel Dispensing Pumps; Penalty for Operation Without License or Attendant

1. 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.
2. 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.
3. This Code section shall not apply to motor fuel dispensing units which are not open to the public.

(Ga. L. 1971, p. 683, §§ 1-3.)

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.

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