(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)