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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)
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