Loading...
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)
If the Beer Board determines that a clerk of an off-premises beer permit holder certified under Tenn. Code Ann. § 57-5-606 sold beer to a minor, the Beer Board shall report the name of the clerk to the Alcoholic Beverage Commission within 15 days of determination of the sale. The certification of the clerk shall be invalid and the clerk may not reapply for a new certificate for a period of one year from the date of the Beer Board’s determination.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) Locations with Class III beer permits for both on-premises and off-premises consumption shall be allowed to sell beer to go, provided that it is unopened and is in its original container, or that it is in a securely sealed Growler.
(B) Each permit holder shall be required to complete and sign an affidavit certifying that it has read the ordinance governing the sale and consumption of beer and acknowledges responsibility to strictly enforce the beer ordinance in its establishment. Such affidavits shall be signed annually and kept on file in the Town Clerk’s office with the beer permit. Failure to complete the required affidavit shall be considered basis for permit revocation.
(C) Each permit holder shall notify the Beer Board of any change in address within ten days thereof.
(D) No beer permit shall be issued to a business location with pinball or video game machines exceeding four in number.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2017-03, passed 2-13-17)
Loading...