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(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)
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