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§ 116.09 PERSONS NOT TO BE SERVED.
   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
§ 116.10 NUMBER OF RETAIL BUSINESSES LIMITED.
   No more than three licenses for the retail sale of alcoholic beverages within the corporate limits shall be issued and outstanding at any one time.
(`83 Code, § 2-110) (Ord. passed 11-11-60; Am. Ord. passed 7-16-73; Am. Ord. 2001-15, passed 7-9-01)
§ 116.11 TIME OF CLOSING.
   (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)
§ 116.12 PUBLIC CONSUMPTION.
   (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)
§ 116.13 PRIVILEGE TAX.
   (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)
§ 116.14 INSPECTION FEES.
   (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
§ 116.25 DEFINITIONS.
   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.
   BEER BOARD. The Beer Board created by § 116.26 of this code.
   BEVERAGE or ALCOHOLIC BEVERAGE. See § 116.01.
   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)
§ 116.26 BEER BOARD.
   (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)
§ 116.27 MEETINGS OF THE BEER BOARD.
   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)
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