(A) Qualifications of applicant. To be eligible to apply for or to receive a retail liquor license in the city, an application must satisfy all of the requirements of the state statutes and of the state rules and regulations for a holder of a state liquor retailer’s license.
(B) Only one establishment to be operated by retailer. No retailer shall operate, directly or indirectly, more than one place of business for the sale of alcoholic beverages in the city. The word INDIRECTLY, as used in this section, shall include and mean any kind of interest in another place of business by way of stock, ownership, loan, partner's interest or otherwise.
(C) Nature of license: suspension or revocation. The issuance of a license does not vest a property right in the license but is a privilege subject to revocation or suspension by the State Alcoholic Beverage Commission. The Mayor shall have the authority to report to the Commission any violation of this chapter by the licensee or by any person for whose acts the licensee is responsible.
(D) Display. The licensee shall display and post, and keep displayed and posted his or her license in a conspicuous place in the licensee's liquor store at all times when an activity or business authorized hereunder is being done by the licensee.
(E) Number of licenses. There shall be a limit of three licenses issued and outstanding in the city.
(F) Transfer. A licensee shall not sell, assign or transfer his or her license or any interest therein to any other person without a certificate of compliance by the Board. Provided, however, licensees who are serving in the military forces of the United States in time of war may appoint an agent to operate under the license of the licensee during the absence of the licensee. In these instances, the license shall continue to be carried and renewed in the name of the owner. The agent of the licensee shall conform to all the requirements of a licensee. No person who is ineligible to obtain a license shall be eligible to serve as the agent of a licensee under this section. In any case where a licensee is an individual and the individual dies or becomes incapacitated during the term of the license, upon proper application to the City Council and upon compliance with all regulations hereunder and all applicable laws of the state or regulations of the Alcoholic Beverage Commission of the state, the widow or duly qualified and appointed personal representative or guardian or conservator of the licensee may be issued a license for the retail establishment for the duration for the term of the original licensee's license. If a partnership, the surviving partner may do likewise, having the license issued to him or her as an individual.
(G) Miscellaneous restrictions upon licensees and their employees.
(1) No retailer's license shall be issued to a person who is a holder of a public office, either appointive or elective, or who is a public employee, either national, state, city or county. It shall be unlawful for any person to have any interest in the retail business, directly or indirectly, either proprietary or by means of any loan, mortgage or lien, or to participate in the profits of any business. The foregoing shall not apply to uncompensated appointees to municipal boards and commissions where the boards or commission on which the appointees serve have no duty to vote for, overlook or in any manner superintend the sale of alcoholic beverages.
(2) No retailer shall be a person who has been convicted of a felony involving moral turpitude within ten years prior to the time he or she or the legal entity which he or she is connected shall receive a license; provided that, this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been, removed by a court of competent jurisdiction; and, in the case of any conviction occurring after a license has been issued and received, the license shall immediately be revoked, if the convicted felon be an individual licensee, and if not, the partnership, corporation or association with which he or she is connected shall immediately discharge him or her.
(3) No license shall, under any condition, be issued to any person who within ten years preceding application for the license or permit shall have been convicted of any offense under the laws of the state or of any other state or of the United States prohibiting or regulating the sale, possession, transportation, storing, manufacturing or otherwise handling intoxicating liquors or who has, during the period, been engaged in business alone or with others, in violation of any laws or rules and regulations promulgated pursuant thereto, or as they existed or may exist thereafter.
(4) No manufacturer, brewer or wholesaler shall have any interest in the licensee's rental, occupancy or revenues.
(5) It shall be unlawful for any person to have ownership or to participate, either directly or indirectly, in the profits of any retail business licensed, unless his or her interest in the business and the nature, extent and character thereof shall appear on the application; or if the interest is acquired after the issuance of a license, unless it shall be fully disclosed to the City Clerk and approved by the Mayor. Where the interest is owned by such person on or before the application for any license, the burden shall be upon the person to see that this section is fully complied with, whether he, she, himself or herself, signed or prepared the application or whether the same is prepared by another; of if the interest is acquired after the issuance of the license, the burden of the disclosure of the acquisition of the interest shall be upon the seller and the purchaser.
(6) No retailer or any employee thereof engaged in the sale of alcoholic beverages shall be a person under the age of 18 years, and it shall be unlawful for any retailer to employ any person under 18 years of age for the physical storage, sale or distribution of alcoholic beverages, or to permit any person under that age in its place of business storage, sale or distribution of alcoholic beverages.
(7) No retailer shall employee in the storage, sale or distribution of alcoholic beverages, any person who, within ten years prior to the date of his or her employment, shall have been convicted of a felony involving moral turpitude; and, in case an employee should be convicted, he or she shall immediately be discharged; provided that, this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction.
(8) No licensee shall employ any canvasser, agent, solicitor or representative otherwise for the purpose of receiving an order from a consumer of any alcoholic beverages at the residences or places of business of the consumer, nor shall any licensee receive or accept any order which shall have been solicited or received at the residence or place of business of the consumer. This paragraph shall not be construed so as to prohibit the solicitation by a state licensed wholesaler of any order from any licensed retailer at the licensed premises.
(9) The issuance of a license does not vest a property right in the licensee, but is a privilege subject to revocation or suspension under this chapter.
(Ord. 1205, passed 11-17-2008; Ord. 1622, passed 5-14-2020)
Statutory reference:
Related provisions, see T.C.A. §§ 57-3-210(b), 57-3-210(c), 57-3-210(d), 57-3-210(e), 57-3-211, 57-3-212, 57-3-406