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)