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The applicant for a certificate of compliance shall agree in writing to comply with the state and federal laws and ordinances of the city and rules and regulations of the Alcoholic Beverage Commission of the state for sale of alcoholic beverages.
(Ord. 736, passed 12-27-2012)
(A) Every application for a certificate of compliance shall be referred to the Police Department for investigation and to the City Attorney for review, each of whom shall submit his or her findings to the City Commission within 30 days of the date each application was filed.
(B) The City Commission may issue a certificate of compliance to any applicant, which shall be signed by the Mayor or by a majority of the City Commission.
(Ord. 736, passed 12-27-2012)
The applicant for a certificate of compliance shall have been a bona fide resident of the state for a period of not less than two years at the time his or her application is filed. If the applicant is a partnership or a corporation, the majority partner or stockholder must have been a bona fide resident of the state not less than two years at the time the application is filed. These requirements shall apply to all persons or entities whether they are applying to obtain a license to open a new store or purchase an existing store.
(Ord. 736, passed 12-27-2012)
No certificate of compliance for the manufacture or sale at wholesale or retail of alcoholic beverages, or for the manufacture or production of wine, shall be issued to any person, (or if the applicant is a partnership, any partner or, if the applicant is a corporation, any stockholder), who, within ten years preceding the application for such certificate of compliance, has been convicted of any felony or of any offense under the laws of the state or of the United States prohibiting the sale, possession, transportation, storage or otherwise handling of intoxicating liquors, or who has during such period been engaged in business, alone or with others, in violation of such laws.
(Ord. 736, passed 12-27-2012)
(A) (1) Except for retailers licensed under Tenn. Code Ann. § 57-3-204, no person, corporation or other entity shall, directly or indirectly, operate any licensed retail establishment selling alcoholic spirituous beverages, not including wine, for off-premises consumption in this state.
(2) INDIRECTLY means any kind of interest in such a retail business by way of stock ownership, loan, partner’s interest or otherwise.
(3) A landlord shall be deemed to have an indirect interest in such a retail business when the lease agreement is based upon a percentage of profits or any other factor based upon sales of alcoholic beverages by the tenant as distinguished from being simply an interest in land for a period of time at a definite rate.
(B) Except as provided in this division (A) above, nothing shall prohibit the holder of a retail license from having more than one retail license.
(C) In any municipality or county in which the issuance of two or more retail licenses have been authorized under Tenn. Ann. Code § 57-3-208(c), no retail licensee shall hold more than 50% of the licenses authorized for issuance in such municipality or county.
(D) For five years beginning January 1, 2014, no retail license shall be issued to any applicant for a new location that is within 1,500 feet of an existing operating establishment holding a license issued pursuant to Tenn. Code Ann. § 57-3-204 as of July 1, 2014, (an “existing licensed premises”) if the applicant for such new retail license already holds one or more retail licenses issued under Tenn. Code Ann. § 57-3-204, unless the Commission receives the written consent from each retail licensee owning an existing licensed premises within 1,500 feet of such new location. Notwithstanding any law to the contrary, the holder of one or more retail licenses issued under Tenn. Code Ann. § 57-3-204 may purchase the business or assets of an existing licensed premises and obtain a retail license to operate such existing licensed premises, as the same may be expanded or modified, from time to time. Nothing in this division (D) shall be deemed to prohibit a retailer licensed under Tenn. Code Ann. § 57-3-204 from obtaining a new or replacement license in connection with the relocation of an existing licensed premises, as long as the new location is within the jurisdiction of the municipality or county issuing the certificate required under Tenn. Code Ann. § 57-3-208 for such existing licensed premises.
(Tenn. Code Ann. § 57-3-406(a))
Editor’s note:
Former § 115.08, derived from Ord. 736, passed 12-27-2012, was removed and replaced by state law during the 2015 codification.
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