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City of Atlanta v. S.W.A.N. Consulting & Sec. Servs. Inc.

A security agency which was duly license by the state had standing to challenge the constitutionality of a local ordinance which regulated all persons working at adult entertainment establishments that sold alcohol because enforcement of the local ordinance would impact the security agency's right to engage freely in its currently authorized business activities.

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S.W.A.N. Consulting & Security Services, Inc. SWAN is a private detective and security agency, and is properly licensed pursuant to OCGA § 43-38-1 et seq., the “Georgia Private Detective and Security Agencies Act” Act, and all applicable state regulations. As an independent contractor, SWAN provides security services at an adult entertainment establishment located in the City of Atlanta City. In 1999, the City Council amended § 10-206 a of the municipal code to provide:

No person shall perform job duties/functions of any type either directly as an employee or agent, or indirectly, as an independent contractor or other person, at an adult entertainment establishment . . . which is licensed for the sale of alcoholic beverages for consumption on the premises . . . until such person has been fingerprinted by the department of police and has been issued a permit by the department of police indicating such person is eligible to perform job duties/functions at the particular establishment at issue. This shall include all employees, independent contractors, agents, managers and performers and entertainers and any other persons who desire to perform and/or perform job duties/functions at an adult entertainment establishment licensed for the sale of alcoholic beverages for consumption on the premises . . . .

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