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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.
There shall be an annual license fee which is required by this subchapter to be paid by each licensee prior to the time of the issuance or renewal of a local liquor store privilege license. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, only one license fee is required. The license fee shall be $1,000 for first time issuance and $500 for renewal.
(Ord. 736, passed 12-27-2012) Penalty, see § 115.99
It shall be unlawful for any person to operate or maintain any retail establishment for the sale, storage or distribution of alcoholic beverages in the city, except at locations zoned for that purpose and any such liquor store shall not be located within 300 feet of any church as measured along a straight line from the property/boundary line of any such church to the property/boundary line of the liquor store. No liquor store shall be located within 200 feet from any public park or school as measured along a straight line from the property line of any such public park or school to the property/boundary line of the liquor store. Further, no liquor store shall be located where the operation of a liquor store at the premises contemplated by an application would unreasonably interfere with public health, safety or morals.
(Ord. 736, passed 12-27-2012) Penalty, see § 115.99
(A) No retail store shall be located anywhere on premises in the city, except on the ground floor thereof. Each such store shall have only one main entrance; provided that, when a store is located on the corner of two streets, such store may maintain a door opening on each such street; and, provided further that, any salesroom adjoining the lobby of a hotel may maintain an additional door into such lobby as long as the lobby is open to the public.
(B) (1) All liquor stores shall be new construction or newly renovated permanent construction. Plans must be approved by the Building Inspector, Planning Commission and City Commission. No liquor stores shall be located in a manufactured or other moveable or prefabricated type building. All liquor stores shall have night lights surrounding the premises and shall be equipped with a functioning burglar alarm system on the inside of the premises. The minimum square footage of the interior of the liquor store shall be 1,200 square feet. Full, free and unobstructed vision shall be afforded to and from the street and public highway or street to the interior of the liquor store by the way of large windows in the front, and to the extent practicable, to the sides of the building containing the liquor store.
(2) All liquor stores shall be subject to applicable zoning, land use, building and life safety regulations, adopted by the city, unless specifically provided otherwise.
(Ord. 736, passed 12-27-2012) Penalty, see § 115.99
No alcoholic beverages shall be sold for consumption, or shall be consumed, on the premises of the retail seller.
(Ord. 736, passed 12-27-2012) Penalty, see § 115.99
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