(1) Before any person or entity may receive a certificate of compliance, the applicant shall make an application in writing and file with the city clerk on a form to be provided by the city, providing the following information for each applicant, and if the applicant is a corporation, partnership, or other entity, provide the following information for each and every stockholder, partner, member or the owner of any other interest in the entity:
(a) The name, date of birth, social security number and home address, and if a corporation, partnership, or other entity, the percentage ownership of each person in the entity;
(b) Number of years of residence in Putnam County;
(c) Current occupation or business and length of time engaged in such occupation or business;
(d) Whether or not the applicant(s) has been convicted of any violation of any state or federal law or of the violation of any municipal ordinance;
(e) If employed, the name and address of employer;
(f) If in business, the kind of business and location thereof;
(g) The location of the proposed store for the sale of alcoholic beverages and the floor size in square feet to be accessible to members of the public for the sale of alcoholic beverages;
(h) The name and address of the owner(s) of the premises and the amount of rent to be paid. The applicant shall attach a copy of the deed as well as a copy of any lease agreement relating to the premises;
(i) The amount of money invested, or to be invested, and the source of funds to be used, and if borrowed, the name of the person or entity from whom the funds were borrowed, the name of the bank with which the applicant does business, and the name of any person who is aiding the venture financially, either by loan, gift, or otherwise;
(j) The name of any person who will have any interest, direct or indirect, in the business of the applicant or in the profits thereof, and the nature and character of such interest, and whether the person holds or has held any wholesale or retail license, and the name, address, date of birth, and social security number of any person who will be in active control in the management of the business;
(k) A statement that no person prohibited from having any direct or indirect interest in the proposed store has any such interest;
(l) The distance to the nearest school or church, measured in feet;
(m) A statement that the applicant will comply with all requirements of the City of Cookeville Municipal Code and all requirements of Tennessee Code Annotated, title 57, chapter 3, and as subsequently amended, and any other federal or state laws and regulations relating to the sale or distribution of alcoholic beverages;
(n) A statement that the publication required by Tennessee Code Annotated, title 57, chapter 3, and as subsequently amended, and in the Rules of the Tennessee Alcoholic Beverage Commission, Tenn. Comp. R. & Regs. 0100-03-.09(10) and (11) has been made. The applicant shall attach a copy of each of the published notices from the newspaper of general circulation so that the date of each publication is visible;
(o) If the applicant is a corporation, limited liability company, or any other entity for which registration is required with the Secretary of the State of Tennessee or the state of incorporation, provide a copy of the charter recorded with the secretary of state and a certificate of good standing dated within ninety (90) days prior to the date of the application.
(2) The application shall be verified by the oath of the applicant and each stockholder, partner, member, and the owner of any other interest.
(3) The city clerk may require any applicant or owner of any interest in the proposed retail liquor store to provide any documentation necessary to verify any information required by this section, or to verify compliance with any aspect of this code.
(4) In order to provide a means for the city to consider the application and conduct any necessary background investigation, the applicant will pay an application fee to the City of Cookeville general fund in the amount of five hundred dollars ($500.00) per application, and one hundred dollars ($100.00) for each additional person listed on the application, which must be paid at the time of the application, and is non-refundable.
(5) The alcoholic beverage control board is hereby designated, appointed, and given authority for the purpose of approving applicants for issuance of a certificate of compliance, and for rescinding, suspending, or revoking certificates of compliance.
(6) Upon submission of a completed application, the alcoholic beverage control board shall consider the application, and approve or reject same, no sooner than ten (10) business days and no later than sixty (60) calendar days after the application is received by the city clerk.
(7) No person or entity shall make an application where the applicant or any other person having an ownership interest in the entity shall have been convicted of a felony within ten (10) years prior to the date of the application, and no application will be approved for any person or entity where anyone having such an interest has been so convicted.
(8) If an application is approved by the alcoholic beverage control board, the mayor will affix his or her signature to the certificate of compliance, complying with the terms of this chapter and Tennessee Code Annotated, § 57-3-208, and as subsequently amended.
(9) If an application is denied by the alcoholic beverage control board, the applicant may appeal the decision of the alcoholic beverage control board to the city council. The appeal must be submitted within five (5) business days. The appeal will be heard by the city council at its next regularly scheduled meeting.
The decision of the city council shall be final
(10) Before any person or entity may receive a certificate of compliance (sales of wine in retail food stores), the applicant shall make an application in writing and file with the city clerk on a form to be provided by the city, providing the following information:
(a) Name of applicant (executive officer/general manager that will be in direct control of the retail food store), official title, home address, birth date, social security number, driver's license number, phone number, list of addresses lived within the last year,
(b) current occupation/name of current employer,
(c) a statement as to whether the applicant has been convicted for a felony in the last ten years next preceding the filing of this application,
(d) physical address of proposed food store and total square footage of the floor space accessible to the public,
(e) distance of proposed food store to the nearest retail liquor store,
(f) copy of covenants if located in a shopping center/business development,
(g) agree to a statement to comply with all requirements of the Cookeville Municipal Code and all requirements of Tennessee Code Annotated, title 57, chapter 3, and any other federal or state laws and regulations relating to the sale or distribution of alcoholic beverages.
(11) In order to provide a means for the city to consider the application and conduct any necessary background investigation, the applicant will pay a non-refundable application fee to the City of Cookeville general fund in the amount of $400.00.
(12) Before any manufacturer, distiller, rectifier or vintner may receive a certificate of compliance or occupancy and zoning approval, the applicant shall make an application in writing and file with the city clerk on a form to be provided by the city with a non-refundable application fee in the amount of $400.00.
(13) Before receiving a certification of compliance or occupancy and zoning approval or engaging in distilling, rectifying or operating a winery, manufacturers, distillers, rectifiers and vintners will pay to the Cookeville City Clerk a privilege tax of one thousand dollars ($1000) as defined in Tennessee Code Annotated, § 57-2-102 and as subsequently amended.
(as added by Ord. #011-01-01, Feb. 2011, as amended by Ord. #015-08-20, Aug. 2015, and Ord. #O18-05-11, May 2018)