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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)
The premises of the permit holder shall be defined as the lot or property under control of the permit holder, both inside the building and outside the building. The permit holder shall be responsible for the sanitation of the premises, including refuse storage, both inside and outside the building, lavatory facilities, and general cleanliness of the grounds and structure. The permit holder shall provide and maintain separate sanitary toilet facilities for men and women. The Town Administrator or his or her designee, the county health officer, or any properly authorized person is authorized to enter the premises at all reasonable hours for the making of such inspections as may be necessary. The determination of the sanitary conditions is solely a question for the Town of Collierville.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) For Class I, II, III, IV, and V permits, the hours within which the sale of beer shall be permitted shall be from 8:00 a.m. to 3:00 a.m. Monday through Saturday, and from 10:00 a.m. Sunday to 3:00 a.m. Monday. No beer or other alcoholic beverage shall be consumed or open for consumption on or about any premises licensed by this subchapter in any glass, bottle, can, or other container after 3:15 a.m.
(B) Beer may be sold at a Town owned property possessing a Class VI permit only during scheduled performances, events, or benefit programs and only one hour before, during and one hour after the performance, event, or benefit program.
(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. 2019-04, passed 1-28-19; Am. Ord. 2023-11, passed 11-27-23)
(A) The Beer Board shall have the power to revoke or suspend any beer permit issued under the provisions of this subchapter when the holder thereof is guilty of making a false statement or misrepresentation in the application or of violating any of the provisions of this subchapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the Beer Board after reasonable notice to all known parties in interest.
(B) Pursuant to Tenn. Code Ann. § 57-5-608, the Beer Board shall not revoke or suspend the permit of a “responsible vendor” qualified under the requirements of Tenn. Code Ann. § 57-5-606 for a clerk’s illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk’s original certification, unless the vendor’s status as a certified responsible vendor has been revoked by the Alcoholic Beverage Commission. If the responsible vendor’s certification has been revoked, the vendor shall be punished by the board as if the vendor were not certified as a responsible vendor. "Clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under Tenn. Code Ann. § 57-5-608, the Alcoholic Beverage Commission shall revoke a vendor’s status as a responsible vendor upon notification by the Beer Board that it has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive 12 month period. The revocation shall be for three years.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) Definition. “Responsible vendor” means a person or business entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the Tennessee Alcoholic Beverage Commission under the “Tennessee Responsible Vendor Act of 2006", Tenn. Code Ann. § 57-5-601 et seq.
(B) Penalty, revocation, or suspension. The Beer Board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed $2,500 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000 for any other offense.
(C) The Beer Board may impose on a responsible vendor a civil penalty not to exceed $1,000 for each offense of making or permitting to be made any sales to minors or for any other offense.
(D) If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the Town may impose.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
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