Section
Intoxicating Liquors
116.01 Definition
116.02 Business permitted
116.03 Exceptions
116.04 Reserved
116.05 Display of license
116.06 Replacement of license
116.07 Certificates of good moral character
116.08 Location near churches
116.09 Persons not to be served
116.10 Number of retail businesses limited
116.11 Time of closing
116.12 Public consumption
116.13 Privilege tax
116.14 Inspection fees
Beer
116.25 Definitions
116.26 Beer Board
116.27 Meetings of the Beer Board
116.28 Requirements for quorum and action
116.29 Record of Beer Board proceedings to be kept
116.30 Powers and duties of the Beer Board
116.31 Hearings before the Beer Board
116.32 Permit required for engaging in beer business
116.33 Privilege tax
116.34 Beer permits shall be restrictive
116.35 Permit issuance; validity; sales generally
116.36 Conditions for receiving permit
116.37 General conditions
116.38 Restrictions on the issuance of beer permits
116.39 Sanitation for the premises
116.40 Hours of operation
116.41 Revocation or suspension of beer permits
116.42 Civil penalty in lieu of revocation or suspension
116.43 Loss of certification for sale to minor
116.44 Additional regulations
116.45 Display of permit
116.46 Provisional permit; new facilities
116.47 Reserved
116.48 Violations
116.49 Gender
116.50 Regulation of brown bagging
116.98 Severability
116.99 Penalty
INTOXICATING LIQUORS
(A) ALCOHOLIC BEVERAGE or BEVERAGE. Means and includes alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits or wine and capable of being consumed by a human being, other than patent medicine or beer as defined in § 116.25. Notwithstanding any provision to the contrary in this chapter, ALCOHOLIC BEVERAGE or BEVERAGE also includes any product containing distilled alcohol capable of being consumed by a human being manufactured or made with distilled alcohol irrespective of alcoholic content, including any infused product.
(B) Other terms used in this subchapter shall have the meanings ascribed to them, where applicable, in Chapters 3, 4, and 5 of Title 57 of Tenn. Code Ann., as such state law definitions may be amended from time to time.
(`83 Code, § 2-101) (Ord. 2001-15, passed 7-9-01; Am. Ord. 2017-03, passed 2-13-17)
It shall be lawful to engage in the business of manufacturing, selling, storing, transporting and distributing alcoholic beverages within the corporate limits so long as such business is conducted in accordance with the provisions of the applicable state laws, rules and regulations and this code.
(`83 Code, § 2-102) (Ord. 2001-15, passed 7-9-01)
Nothing in this subchapter is intended to relate to the manufacture, transportation, storage, sale, distribution, possession or receipt of or tax upon beer as defined in § 116.25, and no provision relating thereto shall be considered or construed as modified by this subchapter.
(`83 Code, § 2-103) (Ord. 2001-15, passed 7-9-01; Am. Ord. 2017-03, passed 2-13-17)
Any person granted a license to carry on any of the businesses or undertakings contemplated by this chapter shall, before being qualified to do business, display and post, and keep displayed and posted, in the most conspicuous place on the premises, such license, and shall promptly procure and keep at the place of business a copy of the rules and regulations promulgated by the commission.
(Tenn. Code Ann. § 57-3-211) (`83 Code, § 2-105) (Ord. 2001-15, passed 7-9-01)
When a license shall be lost or destroyed without fault of the licensee, a duplicate therefore shall be issued by the collector of licenses and privileges only after the collector has been furnished with satisfactory evidence of such loss without fault of the licensee. Also upon the issuance of such duplicate license, the licensee shall be required to pay the fee of fifty cents.
(`83 Code, § 2-106) (Ord. 2001-15, passed 7-9-01)
(A) Each applicant for a certificate of good moral character as required by Tenn. Code Ann. Title 57, Chapter 3 shall be required to make application therefor on forms to be prepared by the Town of Collierville. Each applicant (including executive officers and/or those in control of the applicant) must obtain and submit to the Town a local and national criminal history record obtained from a third party using a multistate criminal records locator or other similar commercial nationwide database with validation. A criminal history record must indicate that the applicant (including executive officers and/or those in control of the applicant) has not been convicted of a felony within the immediately preceding ten-year period. The application shall be transmitted to the Board of Mayor and Aldermen of the Town of Collierville for their approval or disapproval.
(B) The Board shall have authority to prepare and have printed a form of certificate to be issued by the Mayor and/or Board certifying to the Commissioner of Revenue of the State of Tennessee that the applicant is of good moral character and the like.
(C) Pursuant to Tenn. Code Ann. § 57-3-806, the same procedure and requirements shall be applicable with respect to certificates of good moral character required of applicants seeking a license to sell wine at retail food stores.
(`83 Code, § 2-107) (Ord. 2001-15, passed 7-9-01; Am. Ord. 2018-17, passed 12-10-18)
No alcoholic beverages shall be manufactured, distilled or rectified, sold or stored on any premises that shall be located in close proximity to any school, church or other public institution whatsoever when, in the discretion of the Board, such location would be inimical to the public welfare.
(`83 Code, § 2-108) (Ord. 2001-15, passed 7-9-01) Penalty, see § 116.99
It shall be unlawful for any licensee to sell, furnish or give away any beverage to any person visibly intoxicated, to any insane person, to any minor, to any habitual drunkard or to any other person of known intemperate habits.
(`83 Code, § 2-109) (Ord. 2001-15, passed 7-9-01) Penalty, see § 116.99
(A) In accordance with Tenn. Code Ann. § 57-3-406, no liquor store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of 8:00 a.m. and 11:00 p.m. on Monday through Saturday, and between 10:00 a.m. and 11:00 p.m. on Sunday. Likewise, all liquor stores shall be closed on Christmas Day, Thanksgiving Day, and Easter. Liquor stores shall not be open to the general public except during regular business hours.
(B) No approved grocery store shall sell, give away, or otherwise dispense wine except between the hours of 8:00 a.m. and 11:00 p.m. on Monday through Saturday, and between 10:00 a.m. and 11:00 p.m. on Sunday. Likewise, no approved grocery store sell, give away, or otherwise dispense wine on Christmas Day, Thanksgiving Day, or Easter.
(Ord. 2019-04, passed 1-28-19)
(A) It shall be unlawful for any person to drink or consume, or have an open can, bottle or glass of intoxicating beverage in or on any public street, alley, avenue, highway, sidewalk, public park, public school ground or public place unless the place has a beer or liquor permit and license for on premises consumption.
(B) Any violation of this section shall be punishable by a fine of not more than $50, or imprisonment of not more than 30 days, or both fine and imprisonment at the discretion of the court.
(`83 Code, § 2-112) (Ord. passed 10-13-75; Am. Ord. 2001-15, passed 7-9-01)
(A) Pursuant to the provisions of Tenn. Code Ann. § 57-4-301, there is imposed by the Town of Collierville on all persons engaging in the business of selling at retail alcoholic beverages for consumption on the premises a privilege tax. The tax, to be levied annually, shall be as follows:
Restaurant, according to seating capacity, on licensed premises:
75-125 seats $600;
126-175 seats $750;
176-225 seats $800;
226-275 seats $900;
276 seats and over $1,000.
(B) The Finance Department is directed to levy and collect the aforementioned privilege tax from all persons licensed to sell alcoholic beverages at retail for consumption on premises within the corporate limits of Collierville.
(`83 Code, § 2-113) (Ord. 2001-15, passed 7-9-01)
(A) There is hereby levied against retailers of alcoholic beverages an inspection fee at the maximum allowable rate set forth in Tenn. Code Ann. § 57-3-501, as said statute may be amended from time to time, on all purchases of alcoholic beverages made by such retailers from wholesalers and upon retail food store wine licensees. Said inspection fee shall be collected by the wholesaler from the retailer at the time of the sale or at the time the retailer makes payment for the delivery of the alcoholic beverages and remitted to the collector of licenses and privileges of the Town.
(B) Each wholesaler making sales to retailers shall furnish to the Town’s collector of licenses and privileges a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the Town, the wholesale price of the alcoholic beverages sold to each retailer, the amount of tax due, and such other information as may be required by the collector of licenses and privileges. The monthly report shall be furnished to the collector of licenses and privileges not later than the twentieth day of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer shall be paid to the collector of licenses and privileges at the time the monthly report is made.
(C) Wholesalers collecting and remitting the above inspection fee to the Town shall be entitled to reimbursement for this collection service in the sum set forth in Tenn. Code Ann. § 57-3-503, as said statute may be amended from time to time, such reimbursement to be deducted and shown on the monthly report to the Town’s collector of licenses and privileges.
(D) A wholesaler’s failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty in the sum set forth in Tenn. Code Ann. § 57-3-503, as said statute may be amended from time to time. Said penalty shall be paid by the wholesaler to the Town’s collector of licenses and privileges.
(E) The Town shall have authority to audit the records of wholesalers reporting to it in order to determine the accuracy of such reports.
(Ord. 2018-01, passed 3-12-18; Am. Ord. 2018-17, passed 12-10-18)
BEER
For purposes of this subchapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
BEER. All beer, ales, and other malt liquors as defined in Tenn. Code Ann. § 57-5-101(b), as said statute may be amended from time to time.
EMPLOYEE. A person rendering services in the distribution, sale, or manufacture for sale of beer at the location for which the permit applied for or issued under this subchapter is applicable.
GROWLER. A glass bottle, new or refillable glass, plastic, aluminum, or stainless steel container with a flip-top or screw-on lid not to exceed 64 ounces that is pre-filled, filled, or refilled by an employee of the licensed establishment with beer from brewery equipment or a keg for off-premises consumption.
PUBLICLY TRADED COMPANY. A corporation which offers registered securities for sale to the general public that are bought and sold on the open market in a public exchange such as the New York Stock Exchange.
RESPONSIBLE INDIVIDUAL. The general manager (or equivalent) of a place of business located within the town limits of the Town of Collierville, who shall complete the beer permit application. This person shall be answerable to the Beer Board when applying for a beer permit on behalf of that business entity so long as he or she is employed in that capacity by the business entity.
Other terms used in this subchapter shall have the meanings ascribed to them, where applicable, in Chapters 3, 4, and 5 of Title 57 of Tenn. Code Ann., as such state law definitions may be amended from time to time.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2021-08, passed 6-14-21)
(A) There is hereby established a Beer Board of the Town of Collierville to be composed of seven residents of the Town over the age of 21 years. The members of the Beer Board shall be appointed by a majority vote of the Board of Mayor and Aldermen of the Town. The members of the Beer Board shall hold office for a term of one year, which shall expire on December 31 of each year or until their successors are appointed.
(B) Vacancies shall be filled for the unexpired term with appointment by a majority vote of the Board of Mayor and Aldermen.
(C) Three absences in a calendar year by a member of the Beer Board shall result in mandatory resignation. Any member may be removed at any time with or without cause by a majority vote of the Board of Mayor and Aldermen.
(D) Each member of the Beer Board shall receive such compensation as may be established by the Board of Mayor and Aldermen.
(E) The Beer Board shall elect from its membership, on an annual basis, a chairperson to preside at its meetings. A vice-chairperson shall also be elected. The Beer Board shall have the authority to designate any other officers as it deems necessary.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
All meetings of the Beer Board shall be open to the public. The Beer Board shall hold regular meetings upon the third Tuesday of each month when there is business to come before the Beer Board. A special meeting of the Beer Board may be called by its chairperson, provided reasonable notice thereof is given to each Beer Board member and public notice given a minimum of five days in advance of such special meeting. Such public notice shall, at a minimum, include posting of same at Town Hall.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
The attendance of at least a majority of the members of the Beer Board shall be required to constitute a quorum for the purpose of transacting business. Matters before the Beer Board shall be decided by a majority of the members present, if a quorum is present. The Beer Board may adjourn a meeting at any time to another time and place.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
The Town Administrator (or his or her designee) shall attend all meetings of the Beer Board. A separate record of the proceedings of all meetings of the Beer Board shall be maintained. This record shall be a public record and shall contain at least the following: the date of each meeting; names of the Beer Board members present and absent and, in cases of hearings before the Beer Board, a record of evidence introduced and testimony heard before the Beer Board and the provisions of each permit issued by the Beer Board as to whether it is a permit for off-premises consumption or on-premises consumption or a combination thereof. The Town Administrator or his or her designee shall also maintain a list of the names and addresses of all holders of beer permits, which list shall be kept on a current basis.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) The Beer Board shall have the power, and it is hereby directed, to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within the Town. The Beer Board shall also have the power to enforce the provisions of this subchapter consistent with the requirements of Tennessee law, including the power to investigate and inspect at all reasonable hours the premises of any applicant and all permit holders.
(B) The chairperson of the Beer Board may call a special session of the Beer Board upon notification of a violation of this subchapter. The permit holder in violation shall be summoned to appear at a designated time and place.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) All matters brought before the Beer Board shall be heard in the following order:
(1) Requests for continuances;
(2) Rehearings and decisions where no protests have been received;
(3) Special hearings;
(4) Applications for issuance of beer permits;
(5) Violations in which permit holders are represented by counsel and/or at the request of the Police; and
(6) Rehearings and decisions where protests have been received.
(B) Those permit holders charged with violations shall be given written notice not less than five days in advance to appear before the Beer Board to answer charges.
(C) All alleged permit violators at the hearing have the right to plead not guilty to any or all of the charges, to have the assistance of counsel, to cross-examine witnesses, and to testify and present witness(es) and evidence on their behalf.
(D) All witnesses in a contested matter before the Beer Board shall first be sworn in by the Town Clerk, or another person authorized to administer an oath, or by a certified court reporter prior to any testimony or evidence being given.
(E) Hearsay evidence is admissible in hearings before the Beer Board.
(F) The Beer Board has no power to subpoena or require the presence of any witness.
(G) A recording shall be made of all contested Beer Board proceedings.
(H) In assessing a penalty, the Beer Board may consider the past record of the permit holder and location.
(I) Upon receiving an adverse ruling by the Beer Board, an applicant or permit holder may:
(1) Accept the decision and penalty;
(2) Request a rehearing (reconsideration); or
(3) Seek review by the circuit or chancery court in the manner authorized by law.
(J) Any penalty assessed by the Beer Board shall take effect at 12:01 a.m. on the 15th day after the Beer Board decision and will be continuously enforced throughout the period of suspension or revocation. In the event a permit holder requests a rehearing or seeks review by the circuit or chancery court in the manner authorized by law, the enforcement period will become effective upon completion of the rehearing or the disposition of the review by the circuit or chancery court in the manner authorized by law.
(K) An applicant or permit holder may request one rehearing following the receipt of an adverse ruling by the Beer Board. A prerequisite to Board acceptance of a request for a rehearing shall be the permit holder’s discovery of relevant new evidence not previously presented or available to the Board at the original hearing, and that may allow that body to render a more fully informed decision. Requests for a rehearing that fail to meet these conditions shall not be entertained by the Board. Nothing in this division shall be construed as prohibiting or in any manner limiting the right of review by the circuit or chancery court in the manner authorized by law.
(L) The Beer Board shall cause the Town Attorney or Town Administrator to give written notice to the Chief of Police of the suspension or revocation of any beer permit.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) It shall be unlawful for any person or business entity to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the Beer Board. The application shall be made on such form as the Beer Board shall prescribe and furnish, and shall be accompanied by a nonrefundable application fee, in the amount determined by resolution of the Board of Mayor and Aldermen, which shall be paid in advance by the applicant as a prerequisite to further consideration of the applicant for a beer permit. Each applicant must be of good moral character and must certify that it is familiar with the provisions of this subchapter.
(B) Permits shall be issued by class as follows:
(1) Class I - "On-premises" permits shall be limited to on-premises consumption only.
(2) Class II - "Off-premises" permits shall be limited to off-premises consumption only.
(3) Class III - Combination of on-premises and off-premises permit. Where Growlers will be sold for off-premises consumption under a Class III permit, all restrictions and requirements applicable to Class V Growler permits shall apply to Class III permits except the prohibition against consumption of beer on the premises.
(4) Class IV ("Special private club permit") - An on-premises consumption permit may be granted for any club or lodge while it is incorporated and operates under a charter and by-laws in which the officers are elected by regular membership requiring a substantial membership or initiation fee of its members and has a purpose of organization and existence other than the sale of beer.
(5) Class V ("Growler" permit) - A Class V Growler permit is a beer permit issued for the retail sale of beer contained in "Growlers" as defined at § 116.25 of this chapter. To qualify for a Growler permit, an establishment must meet all of the other applicable regulations contained within this chapter, including, but not limited to, distance requirements and hours of operation. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler or from the brewery equipment of a duly licensed manufacturer. Only professionally sanitized and sealed Growlers may be filled and made available for retail sale. Each Growler must be securely sealed and removed from the premises in its original sealed condition. Consumption of beer on the premises of any Class V permit is strictly prohibited, except samples of tap beers offered for sale may be made available, but individual samples shall not exceed one ounce per sample, nor shall any one individual be offered or consume more than five one-ounce samples (five ounces) per business day. Growler permits shall be solely issued for those businesses whose primary source of revenue shall be from the sale and refilling of beer Growlers. Such determination shall be made at the sole discretion of the Collierville Beer Board.
(6) Class VI (“Town owned property” permit) - A public premises permit may be granted, in the discretion of the Board of Mayor and Aldermen and upon such conditions and/or restrictions as it may reasonably impose, so as to allow the sale of beer solely for on-premises consumption on Town owned property, notwithstanding any separate restrictions that may otherwise be imposed by the Town Code upon the sale or consumption of beer on Town owned property. Applicants shall comply with the provisions of division (A) hereof, except that issuance of said Class VI permits shall only be granted upon approval by the Board of Mayor and Aldermen, and not the Beer Board. With respect to Class VI permits, the powers that would otherwise be vested in the Beer Board, including those set forth under §§ 116.30, 116.31, 116.35, 116.36, 116.37, 116.38, 116.41, 116.43, and 116.46 of the Town Code, shall instead be vested in the Board of Mayor and Aldermen.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2021-08, passed 6-14-21; Am. Ord. 2023-11, passed 11-27-23)
(A) There is hereby imposed on the business of selling, distributing, storing, or manufacturing beer a privilege tax, as authorized by, and in the amount set forth in, Tenn. Code Ann. § 57-5-104, as said statute may be amended from time to time.
(B) Any person or business entity engaged in selling, distributing, storing or manufacturing beer shall remit the tax on January 1 to the town. The tax shall be remitted each successive January 1 to the town.
(C) The town shall mail written notice to each permit holder of the payment date of the annual tax at least 30 days prior to January 1. Notice shall be mailed to the address specified by the permit holder on its permit application. If a permit holder does not pay the tax by January 31 or within 30 days after written notice of the tax was mailed, whichever is later, then the town shall notify the permit holder by certified mail that the tax payment is past due. If a permit holder does not pay the tax within ten days after receiving notice of its delinquency by certified mail, then the town may either suspend or revoke the permit or impose a civil penalty pursuant to Tenn. Code Ann. § 57-5-108.
(D) The town may utilize these tax funds for any public purpose.
(E) At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-3-17)
All beer permits shall be restrictive as to the type of beer establishment authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for retail sale of beer may be further restricted so as to authorize sales only for off-premises consumption or on-premises consumption. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by its permit. It shall likewise be unlawful for any beer permit holder not to comply with any and all express restrictions or conditions in its permit.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) Permits shall be issued to the applicant, whether a person or business entity. Subject to the provisions of division (H) herein, permits shall be valid only for a business operating under the name identified in the permit application.
(B) If the permit is issued in the name of a business entity that is a publicly traded company as defined by this subchapter, a responsible individual as defined by this subchapter who is currently employed by that entity must complete and sign the beer permit application, and physically appear before the Beer Board at that body’s request.
(C) A permit cannot be transferred to another person or business entity. The transfer of 50% or more of the beneficial interests in any business entity which is the holder of the permit shall constitute a change of control and render the permit invalid.
(D) A permit shall be valid only for a single location, except as provided in division (E) of this section, and cannot be transferred to another location. A permit shall be valid for all decks, patios, and other outdoor serving areas that are contiguous to the exterior of the building in which the business is located and that are operated by the business.
(E) Every application for a beer permit shall state the class or classes of permits requested. The number of businesses for which permits may be issued is unlimited; provided, however, a permit holder who operates two or more restaurants or other businesses within the same building may, in his or her sole discretion, operate all or some of the businesses pursuant to the same permit. Such multiple use permits must be issued for the classes applicable to the conduct of the restaurants or businesses.
(F) A permit shall become invalid upon cessation of operation of the business to which it was issued, or change of control, or relocation of the business, or change of the name of the business; provided, however, that if the holder of the permit advises the Town Clerk of the anticipated new name of the business before the name of the business is changed, the Town Clerk shall change the records to reflect that the subject beer permit is then issued in the name of the new business. This provision shall have no application to the temporary closing of a business for the purpose of constructing improvements, provided the business reopens under the same name and ownership.
(G) If the responsible individual who completed and signed the beer permit application ceases to serve as the general manager (or equivalent) of the business entity that is the permit holder, his or her replacement must notify the Town Clerk and complete all required paperwork, and submit to a background check within 30 days. Failure to satisfactorily comply with this section shall render the beer permit void.
(H) Any person or business entity engaged in the sale, distribution, or manufacture for sale of beer without the permit required by this subchapter commits a misdemeanor, which shall be punishable under the general clause for this Code.
(I) The town shall not issue a permit unless the applicant has been a citizen or lawful resident of the United States for not less than one year immediately preceding the date upon which the application is made to the town.
(J) It is unlawful for any person to sell, distribute, or manufacture beer without having a valid certificate indicating that purchases of beer by that person are “for resale” as that term is used in Tenn. Code Ann. § 67-6-102(75)(A).
(K) Within ten days after being issued a permit to sell, distribute, or manufacture beer, a person shall file with the town and with each person from whom the person buys beer a copy of a valid certificate indicating that the purchases of beer are “for resale” as that term is used in Tenn. Code Ann. § 67-6-102(75)(A), and shall subsequently maintain at all times a valid resale certificate on file with the town and with each person from whom the person buys beer.
(L) The town is authorized to seek criminal history background or fingerprint checks on applicants. Criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee Bureau of Investigation and the FBI.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-13-17)
The following procedures must be followed by all applicants in seeking a hearing for a beer permit before the Beer Board:
(A) The applicant must complete an official application form and return the form to the Town Clerk at least 15 days prior to the next regularly scheduled meeting of the Beer Board.
(B) The applicant must secure a telephone number for the proposed business location.
(C) In order to receive a permit, an applicant must establish with respect to its business that:
(1) No beer will be sold, stored, distributed, or manufactured except at places where such activity will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety, and morals, the Beer Board having the right to forbid such sale, storage, distribution, or manufacture for sale at places on the foregoing grounds;
(2) No sales shall be made to minors;
(3) No person or business entity having at least a 5% ownership interest in the applicant, and if a business entity owns at least a 5% ownership interest in the applicant, no owner of at least a 5% ownership interest in such business entity, nor any person to be employed in the distribution, sale, or manufacture or sale of beer, shall have been convicted within the past ten years of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, and/or any crime involving the manufacture, delivery, sale, or distribution of any controlled substance that is listed in Tenn. Code Ann. Title 39, Chapter 17, Part 2, Schedules I through V, and/or any crime involving moral turpitude; and
(4) No sales shall be made for on-premises consumption unless the application so states.
(D) An applicant shall disclose the following information in its application for a beer permit:
(1) Name of the applicant;
(2) Name of the applicant's business;
(3) If applying as a business entity that is a publicly traded company, the name and signature of the responsible individual who is completing the beer permit application on the business entity's behalf;
(4) Location of the business by street address or other geographical description sufficient to permit an accurate determination of conformity with the requirements of Tennessee law and this subchapter;
(5) If beer will be sold at two or more restaurants or other businesses within the same building pursuant to the same permit as provided by Tenn. Code Ann. § 57-5-103(a)(4), a description of all such businesses or restaurants;
(6) Persons or business entities having at least a 5% ownership interest in the applicant, and if a business entity owns at least a 5% ownership interest in the applicant, the owners of at least a 5% ownership interest in such business entity shall also be disclosed. This division shall not apply to publicly traded corporations as defined in this subchapter; such entities shall list the name and address of the corporation's headquarters, and shall be completed and signed by the responsible individual as defined in this subchapter;
(7) Identity and address of a representative to receive annual tax notices and any other communication from the Beer Board;
(8) That no person or business entity having at least a 5% ownership interest in the applicant, and if a business entity owns at least a 5% ownership interest in the applicant, no owner of at least a 5% ownership interest in such business entity, nor any person to be employed in the distribution, sale, or manufacture or sale of beer shall have been convicted within the past ten years of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, and/or any crime involving the manufacture, delivery, sale, or distribution of any controlled substance that is listed in Tenn. Code Ann. Title 39, Chapter 17, Part 2, Schedules I through V, and/or any crime involving moral turpitude;
(9) The class of permit being requested and an acknowledgment that if the applicant desires to change the method of sale or operation in the future that a new application shall be submitted to the Beer Board requesting a new permit;
(10) Such other relevant information as may be required from time to time by the Beer Board. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application; and
(11) The applicant's certification that it has read and is familiar with all provisions of this subchapter.
(E) Any applicant making a false statement in the application shall forfeit such applicant's permit and shall not be eligible to receive any type beer permit for a period of ten years.
(F) Each applicant shall be entitled to a hearing upon its application before the Beer Board. In no event shall a permit be issued without a full and proper hearing before the Beer Board and a majority vote thereon in favor of such issuance.
(G) Before the Beer Board shall issue a permit under this subchapter, it shall cause to be published in a newspaper of general circulation in the town, at the applicant's expense, a notice stating the name of the applicant and the address of the location for such permit, whether the application is for the sale of beer for on-premises consumption or off-premises consumption (or both of the foregoing), or for the sale, storage, distribution, or manufacture of beer, and the date and time of its meeting at which such application shall be considered. Such meeting shall be a public hearing for the purpose of hearing the statement of any person or such person's attorney on any application for a license or permit.
(H) Where a beer permit has been refused by the Beer Board, the applicant shall not be allowed to apply again for a permit on the same premises until after the expiration of one year from the date of the refusal. Nothing in this division shall be construed as prohibiting or in any manner limiting the right to one rehearing before the Beer Board in the manner discussed in § 116.31(K), above, or of review by the circuit or chancery court in the manner authorized by law.
(I) Following filing of an application, the Beer Board may direct such investigation of the contents of the application as it deems proper.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-13-17)
(A) Neither the permit holder nor any person employed by the permit holder shall drink beer or other alcoholic beverages or illegally use drugs while performing his or her employment duties. An owner is always assumed to be on duty while in his or her establishment and in the public part of the business.
(B) No beer shall be sold to persons who are intoxicated as defined in Tenn. Code Ann. § 39-17-310.
(C) In all locations where beer is sold, there must be sufficient lighting for employees to properly inspect the age and identification cards of customers.
(D) The permit holder shall maintain an orderly establishment and not be in violation of any health, building, or fire department regulations or ordinances of the town, county, or state. Permit holders shall cooperate fully with the Police Department in any necessary and normal investigation.
(E) No person or business entity having at least a 5% ownership interest in the applicant, and if a business entity owns at least a 5% ownership interest in the applicant, no owner of at least a 5% ownership interest in such business entity, nor any person to be employed in the distribution, sale, or manufacture or sale of beer shall have been convicted within the past ten years of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, and/or any crime involving the manufacture, delivery, sale, or distribution of any controlled substance that is listed in Tenn. Code Ann. Title 39, Chapter 17, Part 2, Schedules I through V, and/or any crime involving moral turpitude.
(F) The Beer Board has the full power and authority to enter, inspect, and investigate any business operated pursuant to any beer permits issued by it and has full authority to call upon any members of the police and health departments for assistance in the enforcement of the state laws, town ordinances, and the rules and regulations of the Beer Board pertaining to the sale of beer.
(G) It shall be unlawful for any beer permit holder, employee, or person engaged in the sale of beer to employ any minor under 18 years of age in the sale, storage, distribution, or manufacture of beer.
(H) It shall be unlawful for any beer permit holder, employee, or person engaged in the sale of beer to make or allow any sale of beer to any mentally incapacitated person.
(I) It shall be unlawful for any beer permit holder, employee, or person engaged in the sale of beer to allow intoxicated persons to loiter on the premises for which a permit has been issued.
(J) It shall be unlawful to fail to prominently display a current beer permit.
(K) It shall be unlawful for a permit holder to have a manager and/or employee fail to call the police promptly to report any fight or disturbance.
(L) It shall be unlawful to sell or allow the sale to or consumption of beer by any person under 21 years of age.
(M) It shall be unlawful to sell, serve, or allow to be sold on its premises any alcoholic beverage, as defined in § 116.01 of this chapter, unless such location holds a valid, current mixed drink license issued by the Tennessee Alcoholic Beverage Commission.
(N) It shall be unlawful to permit customers or employees to be nude, topless, or bottomless at any time.
(O) It shall be unlawful to allow the sale or consumption of beer from any location under suspension by the Beer Board.
(P) It shall be unlawful to fail to comply with the laws regarding hours of operation as outlined in this subchapter.
(Q) Violations of divisions (A) through (P) above shall be considered prima facie evidence that the violation is allowed by the permit holder and the burden of proof to prove otherwise shall be shifted to the permit holder.
(R) It shall be unlawful to allow any loud, unusual, or obnoxious noises to emanate from the premises.
(S) It shall be unlawful to allow consumption of beer in an establishment restricted to off-premises consumption.
(T) It shall be unlawful to fail to provide at least one working telephone for incoming and outgoing calls at all times.
(U) It shall be unlawful for a permit holder to allow dancing on its premises by employees or agents of the business.
(V) It shall be unlawful to allow pool or billiard playing in the same room where beer is consumed.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-13-17)
The Beer Board shall be guided by the following restrictions and limitations in the deliberation and issuance of beer permits within the corporate limits of the Town of Collierville:
(A) Applicants must be citizens or resident aliens lawfully admitted into the United States, or, if a business entity, all owners thereof possessing at least a 5% ownership interest in such business entity must be citizens or resident aliens lawfully admitted into the United States. If a business entity owns at least a 5% ownership interest in the applicant, each owner of at least a 5% ownership interest in such business entity must be a citizen or resident alien lawfully admitted into the United States.
(B) No permit to engage in the beer business shall be granted by the Beer Board to an individual applicant who is under 21 years of age.
(C) Any individual may be employed where beer is sold, whether such individual is a citizen or alien resident of the United States, provided other requirements regulating the sale of beer are met.
(D) The Beer Board may restrict beer permits to off-premises consumption only, on-premises consumption only, or both.
(E) For Class I and III permits, the applicant must serve at least one hot meal a day at tables provided for that purpose with a menu available during regular business hours. It is further required that a minimum of 50% of the gross revenues of the establishment (exclusive of those derived from, without limitation, those from the sale of clothing, hats, or mugs, or the playing of games) be from the sale of food prepared and consumed on the premises; sales of snack items, such as chips, popcorn, pretzels, and peanuts, are not included for purposes of satisfying said 50% requirement. Further, sales of prepared food from, served and/or prepared by a food truck or mobile food vehicle owned, leased, occupied, or operated by, or otherwise associated with, an applicant or permit holder shall not be considered for purposes of said percentage revenues requirement, irrespective of where such food truck or mobile food vehicle may be located. Reporting procedures for establishments holding Class I or III permits are herewith established. The permit holder shall submit a sworn affidavit on a form provided by the town (“food affidavit”) detailing food sale and alcoholic beverage sale percentages on an annual basis and shall be due on or before January 31. A permit holder’s food affidavit shall be subject to audit by the town. The reporting year shall be January 1 through December 31. The town’s Finance Department shall send the Town Clerk an annual list of businesses that have complied with this requirement, and the Town Clerk shall keep a record of such compliance.
(F) For all Class I and Class III permit holders, a minimum seating capacity of 40 individuals shall be required.
(G) Notwithstanding the language contained at § 116.32(B)(5), the holders of Class II and Class V permits shall not allow consumption of beer on the premises, adjoining sidewalks or streets or within 200 feet of the immediate premises, including the building and parking lot. No alcoholic beverages shall be kept for sale on the premises of a Class II permit holder except in the original containers or packages.
(H) No permit shall be issued in violation of any Tennessee law or the Zoning Code of the Town of Collierville.
(I) The Beer Board, in its discretion, may refuse to issue a permit for any place of business where, in the period immediately preceding the application for a permit, a business was operated in such a manner as to create a public nuisance or was operated in such a manner as to materially contribute, with places of like character in its vicinity, to the creation or maintaining of a public nuisance. In determining whether a permit shall be issued, the Beer Board shall consider the character of the neighborhood, the space available for the building, the space available for off-street parking, and the effect of the business on its neighbors.
(J) Each applicant for a beer permit shall pay to the Town of Collierville a minimum business license fee and gross receipts tax annually. The Town of Collierville shall notify businesses which fail to pay the minimum business license fee and gross receipts tax by certified mail not later than February 28 and such failure to file and pay the tax shall result in presentation to the Beer Board for possible revocation.
(K) No beer shall be sold, stored, distributed, or manufactured except at places where such activity will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety, and morals, the Beer Board having the right to forbid such sale, storage, distribution, or manufacture for sale at places on the foregoing grounds.
(L) In no event shall a Class II, III, IV, or V permit be issued authorizing the sale, storage, distribution, or manufacture of beer at places within 500 feet of any school, church, or other place of public gathering. Said distance shall be measured in a straight line from the nearest point on the principal building of the school, church, or other place of public gathering, or the nearest point on the space leased by such school, church, or other place of public gathering in a multi-tenant building, to the nearest point on the building, or the nearest point on the space leased by the applicant in a multi-tenant building, in which beer is to be sold, stored, distributed, or manufactured.
(M) In no event shall a Class I permit be issued authorizing the sale, storage, distribution, or manufacture of beer at places within 250 feet of any school, church, or other place of public gathering. Said distance shall be measured in a straight line from the nearest point on the principal building of the school, church, or other place of public gathering, or the nearest point on the space leased by such school, church, or other place of public gathering in a multi-tenant building, to the nearest point on the building, or the nearest point on the space leased by the applicant in a multi-tenant building, in which beer is to be sold, stored, distributed, or manufactured.
(N) Within the Town’s Historic District, no Class I permit shall be issued authorizing the sale, storage, distribution, or manufacture of beer at places within 100 feet of any school or church. Said distance shall be measured in a straight line from the nearest point on the principal building of the school or church, or the nearest point on the space leased by such school or church in a multi-tenant building, to the nearest point on the building, or the nearest point on the space leased by the applicant in a multi-tenant building, in which beer is to be sold, stored, distributed, or manufactured.
(O) If a school, church, or other place of public gathering locates within the applicable distance limitation of a location for which a valid beer permit exists, such valid, existing beer permit for the same location shall not be affected by the proximity of such location to the school, church, or other place of public gathering. If a beer permit issued for such location becomes invalid for any reason, another person or business entity may apply for a new beer permit for such location within one year of the date of such invalidity, and, if a new beer permit is issued by the Beer Board for the same location, the location shall continue to be subject to the protections of this division; otherwise, the location shall not be subject to the protections of this division.
(P) The distance limitations contained in this section shall have no effect on a valid permit issued prior to the adoption of this subchapter.
(Q) If a location for which a beer permit has been issued is not subject to the distance limitations contained in this section at the time when the beer permit for such location either expires, is surrendered, or is revoked, and if no new application for a beer permit at the same location is filed within one year of the date of such expiration, surrender, or revocation, then such location shall become subject to the distance limitations contained in this section.
(R) For Class VI permits, all profits from the sale of beer by the not-for-profit corporation shall be used in furtherance of the purposes of the organization.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2019-18, passed 1-13-20; Am. Ord. 2023-11, passed 11-27-23)
The premises of the permit holder shall be defined as the lot or property under control of the permit holder, both inside the building and outside the building. The permit holder shall be responsible for the sanitation of the premises, including refuse storage, both inside and outside the building, lavatory facilities, and general cleanliness of the grounds and structure. The permit holder shall provide and maintain separate sanitary toilet facilities for men and women. The Town Administrator or his or her designee, the county health officer, or any properly authorized person is authorized to enter the premises at all reasonable hours for the making of such inspections as may be necessary. The determination of the sanitary conditions is solely a question for the Town of Collierville.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) For Class I, II, III, IV, and V permits, the hours within which the sale of beer shall be permitted shall be from 8:00 a.m. to 3:00 a.m. Monday through Saturday, and from 10:00 a.m. Sunday to 3:00 a.m. Monday. No beer or other alcoholic beverage shall be consumed or open for consumption on or about any premises licensed by this subchapter in any glass, bottle, can, or other container after 3:15 a.m.
(B) Beer may be sold at a Town owned property possessing a Class VI permit only during scheduled performances, events, or benefit programs and only one hour before, during and one hour after the performance, event, or benefit program.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2019-04, passed 1-28-19; Am. Ord. 2023-11, passed 11-27-23)
(A) The Beer Board shall have the power to revoke or suspend any beer permit issued under the provisions of this subchapter when the holder thereof is guilty of making a false statement or misrepresentation in the application or of violating any of the provisions of this subchapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the Beer Board after reasonable notice to all known parties in interest.
(B) Pursuant to Tenn. Code Ann. § 57-5-608, the Beer Board shall not revoke or suspend the permit of a “responsible vendor” qualified under the requirements of Tenn. Code Ann. § 57-5-606 for a clerk’s illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk’s original certification, unless the vendor’s status as a certified responsible vendor has been revoked by the Alcoholic Beverage Commission. If the responsible vendor’s certification has been revoked, the vendor shall be punished by the board as if the vendor were not certified as a responsible vendor. "Clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under Tenn. Code Ann. § 57-5-608, the Alcoholic Beverage Commission shall revoke a vendor’s status as a responsible vendor upon notification by the Beer Board that it has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive 12 month period. The revocation shall be for three years.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) Definition. “Responsible vendor” means a person or business entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the Tennessee Alcoholic Beverage Commission under the “Tennessee Responsible Vendor Act of 2006", Tenn. Code Ann. § 57-5-601 et seq.
(B) Penalty, revocation, or suspension. The Beer Board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed $2,500 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000 for any other offense.
(C) The Beer Board may impose on a responsible vendor a civil penalty not to exceed $1,000 for each offense of making or permitting to be made any sales to minors or for any other offense.
(D) If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the Town may impose.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
If the Beer Board determines that a clerk of an off-premises beer permit holder certified under Tenn. Code Ann. § 57-5-606 sold beer to a minor, the Beer Board shall report the name of the clerk to the Alcoholic Beverage Commission within 15 days of determination of the sale. The certification of the clerk shall be invalid and the clerk may not reapply for a new certificate for a period of one year from the date of the Beer Board’s determination.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) Locations with Class III beer permits for both on-premises and off-premises consumption shall be allowed to sell beer to go, provided that it is unopened and is in its original container, or that it is in a securely sealed Growler.
(B) Each permit holder shall be required to complete and sign an affidavit certifying that it has read the ordinance governing the sale and consumption of beer and acknowledges responsibility to strictly enforce the beer ordinance in its establishment. Such affidavits shall be signed annually and kept on file in the Town Clerk’s office with the beer permit. Failure to complete the required affidavit shall be considered basis for permit revocation.
(C) Each permit holder shall notify the Beer Board of any change in address within ten days thereof.
(D) No beer permit shall be issued to a business location with pinball or video game machines exceeding four in number.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-13-17)
The Beer Board, in its discretion, may issue a permit to a new business prior to its construction and operation. The permit shall be provisional in nature, pending final inspection of the facility. The Beer Board shall consider the type of permit requested and the nature of the business in its deliberations. If any permit granted under this section is not utilized within six months of its issuance, the Beer Board may hold a hearing and the Beer Board, in its discretion, may grant an extension.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
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