(A) Certificate of good moral character.
(1) When application is made for the certificate of good moral character required by T.C.A. § 57-3-208, as a condition to the issuance or renewal of a state alcoholic beverage license, the certificate shall be signed by the Mayor, upon direction of a majority of the City Council at a regularly scheduled meeting following an investigation by the Chief of Police and review of the City Attorney, each of whom shall submit their findings to the City Council within 60 days of the date each application was filed with the City Clerk.
(2) The certificate shall become invalid if an application has not been filed with the State Alcoholic Beverage Commission within 60 days of issuance.
(B) Application; filing; contents.
(1) Each applicant for a certificate of compliance shall file with the City Clerk a non-refundable application fee of $500, a completed form of application, on a form to be provided by the City Clerk, and which shall contain all of the following information:
(a) The name and street address of each person to have any interest, direct or indirect, in the license as owner, partner or in the case of a corporation as officer, director or stockholder or otherwise;
(b) A statement of applicant’s prior business experience;
(c) The proposed name of the liquor store to be operated under the license;
(d) The address of the liquor store to be operated under the license;
(e) The names and addresses of at least three individuals who have known each applicant for at least two years, and who are not related to the applicant;
(f) The agreement of each applicant to comply with the state, federal and city laws and ordinances and with the rules and regulations of the State Alcoholic Beverage Commission with reference to the sale of alcoholic beverages, and the agreement of each applicant to the validity of and the reasonableness of the regulations, inspection fees and taxes provided in this chapter with reference to the sale of alcoholic beverages; and
(g) The financial interest of the owners, partners, stockholders or directors, whether the same is a firm, partnership or corporation.
(2) The application form shall be accompanied by a questionnaire form completed by each person having interest in the business and one copy of a scale plan drawn to a scale of not less than one inch equals 50 feet, giving the following information:
(a) The shape, size and location of the lot upon which the liquor store is to be operated under this license:
(b) The shape, size, height and location of all buildings, whether they are to be erected, altered, moved or existing, upon the lot;
(c) The off-street parking space and off-street loading and unloading space to be provided including the vehicular access to be provided from these areas to a public street; and
(d) The identification of every parcel of land within 500 feet of the lot upon which the liquor store is to be operated indicating ownership thereof and the locations of any structures situated thereon, and the use being made of every such parcel. The application form shall be signed and verified by each person to have any interest in the license either as owner or partner or in the case of a corporation, as officer, director or stockholder or otherwise.
(C) Misrepresentation or concealment of material fact. If any applicant misrepresents any material fact or conceals any material fact in any application form filed for the purpose of complying with the requirements contained in division (A) above, such applicant shall be deemed to have violated the provisions of this chapter.
(D) Restrictions upon issuance.
(1) No certificate of compliance shall be issued unless a license issued on the basis thereof can be exercised without violating any provision of this chapter.
(2) The Mayor shall not sign any certificate of compliance for any applicant until:
(a) Such applicant’s application has been filed with the City Clerk;
(b) The location stated in the certificate has been approved by the Council as a suitable location for the operation of a liquor store, and considering geography of the area to be served; and
(c) The application has been considered at a meeting of the Council and approved by the vote of at least three members thereof.
(E) (1) Restrictions upon corporate licenses. If a licensee is a corporation, then in addition to the other provisions of this chapter:
(2) No person owning stock in or who is an officer or director in such corporate licenses shall have any interest as an owner, stockholder, officer, director or otherwise in any business licensed to engage in the sale at wholesale or retail of alcoholic beverage in the state; and
(F) Term renewal. Certificates of compliance shall be valid for two years from issuance. Certificate renewals shall follow all guidelines and requirements as if they were an original application. Renewals shall be subject to compliance with all applicable state statutes, all applicable state rules and regulations and provisions of this chapter.
(Ord. 1205, passed 11-17-2008; Ord. 1477, passed 5-7-2015; Ord. 1506, passed 4-14-2016; Ord. 1622, passed 5-14-2020)