(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits or wine capable of being consumed by a human being, other than patented medicine, beer or wine, where either of the latter has an alcoholic content of 5% by weight, or less.
APPLICANT. The party applying for a certificate of compliance or a license which shall include each person to have any interest, direct or indirect, in the license as owner or partner or in the case of a corporation as officer, director or stockholder (see additional definition under CORPORATION).
APPLICATION. The form or forms an applicant is required to file in order to obtain a certificate of compliance or a license.
CORPORATION. All certificated entity forms recognized in the state, including, without limitation, limited liability companies and STOCKHOLDER and OFFICER shall be deemed to include members, limited partners, managers, principals and equity holders in the entities.
INSPECTION FEE. The monthly fee a licensee is required by this chapter to pay the amount of which is determined by a percentage of the gross sales of a licensee.
LICENSE. A license issued by the state under the provisions of this chapter for the purpose of authorizing the holder thereof to engage in the business of selling alcoholic beverages at retail in the city.
LICENSEE. The holder of a license.
LIQUOR STORE. The building or the part of a building where a licensee conducts any of the business authorized by the license.
RETAIL FOOD STORE WINE CERTIFICATE. A certificate required pursuant to T.C.A. § 57-3-806 which states that every applicant who is to be in actual charge of the retail food store wine license has not been convicted of a felony within a ten-year period immediately preceding the date of application, and if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application;
RETAIL FOOD STORE WINE LICENSE. The retail wine license issued pursuant to this article and T.C.A. §§ 57-3-803 through 57-3-806.
RETAIL LIQUOR CERTIFICATE. A certificate required pursuant to T.C.A. § 57-3-208 which states that:
(a) The applicants who are to be in actual charge of a retail liquor license have not been convicted of a felony within a ten-year period immediately preceding the date of application and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application; and, further, that in the official's opinion the applicant will not violate any of the provisions of this article;
(b) The applicants have complied with any local law, ordinance or resolution duly adopted by the local authorities regulating the number of retail licenses to be issued within the city.
RETAIL LIQUOR LICENSE. The retail liquor license issued pursuant to this article and T.C.A. §§ 57-1-101 et seq., 57-2-101 et seq., 57-3-101 et seq., and 57-4-101 et seq., however it does not refer to the retail food liquor license issued pursuant to T.C.A. § 57-3-803.
RETAIL SALE or SALE AT RETAIL. A sale to a consumer or to any person for any purpose other than for resale.
RETAILER. Any person who sells at retail any beverage for the sale of which a license is required under the provisions herein.
STATE ALCOHOLIC BEVERAGE COMMISSION. The Tennessee Alcoholic Beverage Commission, provision for which is made in the state statutes, including without limitation the provisions of T.C.A. Title 57, Chapter 3.
STATE RULES AND REGULATIONS. All applicable rules and regulations of the state applicable to alcoholic beverages as now in effect or as they may hereafter be changed, including without limitation the local option liquor rules and regulations of the State Alcoholic Beverage Commission.
STATE STATUTES. The statutes of the state now in effect or as they may hereafter be changed.
VINTNER. Any person who owns, occupies, carries on, works, conducts or operates any winery, either by himself or herself or by his or her agent.
WHOLESALE SALE or SALE AT WHOLESALE. A sale to any person for purposes of resale.
WHOLESALER. Any person who sells at wholesale any beverage for the sale of which a license is required under the provisions of T.C.A. §§ 57-1-101 et seq., 57-2-101 et seq., 57-3-101 et seq., and 57-4-101 et seq.
WINE. The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climate, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed 21% by volume. No other product shall be called WINE unless designated by appropriate prefixes descriptive of the fruit, or other product from which the same was predominately produced, or an artificial or imitation wine.
WINERY. Any place or premises wherein wines are manufactured from any fruit, or brandies distilled as the byproduct of wine, or other fruit or cordials compounded, and also includes a winery for the manufacture of wine.
(B) Compliance with all applicable laws and ordinances required. It shall be unlawful for any person either to engage in the business of selling, storing, transporting or distributing any alcoholic beverage, or to sell, store, transport, distribute, purchase or possess any alcoholic beverage, except as provided by the state statutes, by the state rules and regulations, by the federal statutes and by this chapter.
(C) Wholesalers. Unless hereafter authorized by ordinance, no wholesaler's license shall be granted to any person for the operation of any business for the sale at wholesale of any alcoholic beverage. Any wholesaler, whose business is located outside the city and who holds a valid state license and who has paid to the city all privilege taxes and fees applicable to the wholesale business, may sell at wholesale any alcoholic beverage to a licensee in the city and the licensee may purchase any alcoholic beverage from the wholesaler, but only as provided by the state statutes, the state rules and regulations, the federal statutes and by this chapter.
(D) Sale legalized. It shall be lawful for a licensee to sell any alcoholic beverage at retail in a liquor store, within the corporate limits; provided, the sales are made in compliance with applicable federal statutes, state statutes, state rules and regulations and the provisions of this chapter.
(E) Liability of licensee for acts of others. Each licensee shall be responsible for all acts of the licensee's officers, stockholders, directors, employees, agents and representatives, so that any violation of this chapter by any officer, stockholder, director, employee, agent or representative of a licensee shall constitute a violation of this chapter by the licensee.
(F) Contraband beverages. Police officers shall take possession of any alcoholic beverages which have been received by, or are in the possession of, or are being transported by any person in violation of state statutes or regulations, federal statutes or this chapter. All beverages shall be turned over to the State Alcoholic Beverage Commission in accordance with T.C.A. Title 57, Chapter 9.
(Ord. 1205, passed 11-17-2008; Ord. 1454, passed 9-9-2014; Ord. 1506, passed 4-14-2016)