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(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meetings since the clerk’s original certification, unless the vendor’s status as a certified responsible vendor has been revoked by the Alcoholic Beverage Commission. If the responsible vendor’s certification has been revoked, the vendor shall be punished by the board as if the vendor were not certified as a responsible vendor.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)
The Beer Board, in its discretion, may issue a permit to a new business prior to its construction and operation. The permit shall be provisional in nature, pending final inspection of the facility. The Beer Board shall consider the type of permit requested and the nature of the business in its deliberations. If any permit granted under this section is not utilized within six months of its issuance, the Beer Board may hold a hearing and the Beer Board, in its discretion, may grant an extension.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
Except as provided in § 116.43, any violation of this subchapter or any provision of Tenn. Code Ann. § 57-5-101 et seq. shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provisions of this Code. Each day a violation shall be allowed to continue shall constitute a separate offense.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
(A) For purposes of this section, the following definitions shall apply:
BROWN BAGGING. The practice of patrons, customers, or guests bringing beer, alcoholic beverages and/or wine upon the premises of a food service establishment.
FOOD SERVICE ESTABLISHMENT. Any public place kept, used, maintained, advertised, and held out to the public as a place where a menu of prepared food is made available to patrons.
(B) Except as provided herein, no owner, operator, or employee of any food service establishment or any other business shall permit or allow its patrons, customers, or guests to bring onto the premises any beer, as defined in § 116.25, or alcoholic beverage, as defined in § 116.01, or wine, as defined in Tenn. Code Ann. § 57-3-101, as such statute may be amended from time to time.
(C) The foregoing notwithstanding, a food service establishment may permit or allow its patrons, customers, or guests to bring beer onto its premises for consumption by themselves or their personal guests, under the following circumstances:
(1) The food service establishment possesses a valid Class I or III on-premises beer permit pursuant to the requirements of this chapter; and
(2) The owner of the food service establishment consents to the practice of brown bagging beer on its premises.
(D) A food service establishment allowing the practice of brown bagging on its premises may not, in connection therewith:
(1) Charge its patrons, customers, or guests any fees in connection with brown bagging in its premises; or
(2) Take possession of or otherwise control any beer that its customers, patrons, and/or guests bring into the premises for personal consumption, nor store any such beer.
(E) In addition to the conditions and restrictions generally applicable to all holders of or applicants for Class I and III beer permits set forth in this chapter, the conditions and/or restrictions set forth in §§ 116.36, 116.37, 116.38, and 116.40 and otherwise applicable to the sale of beer for on-premises consumption shall also apply to the brown bagging of beer for on-premises consumption.
(F) Any food service establishment allowing brown bagging without complying with the requirements of this section commits a misdemeanor, which shall be punishable under the general clause for this code.
(G) This section shall not apply to establishments possessing a valid license for the on-premises sale of alcoholic beverages issued by the Tennessee Alcoholic Beverage Commission, and nothing herein shall be interpreted to provide additional allowances or restrictions on such state-licensed establishments.
If any provision of this subchapter or the application therefore to any circumstance or person or any other entity subject to the provisions hereof is held invalid, such invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to that end the Beer Board declares the provisions of this subchapter to be so severable.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)
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