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. 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) For Class I, III, and IV permits, the areas serving beer or other alcoholic beverages must be clearly defined and appropriately designated that all patrons shall be 21 years of age and above.
(I) No permit shall be issued in violation of any Tennessee law or the Zoning Code of the Town of Collierville.
(J) 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.
(K) 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.
(L) 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.
(M) 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.
(N) 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.
(O) 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.
(P) 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 subsection; otherwise, the location shall not be subject to the protections of this subsection.
(Q) The distance limitations contained in this section shall have no effect on a valid permit issued prior to the adoption of this subchapter.
(R) 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.
(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)