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(A) (A) (1) It is unlawful to operate any business engaged in the sale, distribution, manufacture or storage of beer without a permit issued by the county or city where such business is located under the authority herein delegated to counties and cities.
(2) Permits shall be issued to the owner of the business or other entity responsible for the premises for which the permit is sought, whether a person, firm, corporation, joint-stock company, syndicate, association or governmental entity where the governing body has authorized such sales of beer.
(3) A permit shall be valid:
(a) Only for the owner to whom the permit is issued and cannot be transferred to another owner. If the owner is a corporation, a change in ownership shall occur when control of at least 50% of the stock of the corporation is transferred to a new owner;
(b) Only for a single location, except as provided in division (A)(4) below, and cannot be transferred to another location. A permit shall be valid for all decks, patios and other outdoor serving areas that are contiguous to the exterior of the building in which the business is located and that are operated by the business; and
(c) Only for a business operating under the name identified in the permit application.
(4) Where an owner operates two or more restaurants or other businesses within the same building, the owner may in the owner’s discretion operate some or all such businesses pursuant to the same permit.
(5) A business can sell beer for both on-premises and off-premises consumption at the same location pursuant to one permit.
(6) A permit holder must return a permit to the county or city that issued it within fifteen (15) days of termination of the business, change in ownership, relocation of the business or change of the business’s name; provided, that notwithstanding the failure to return a beer permit, a permit shall expire on termination of the business, change in ownership, relocation of the business or change of the business’s name.
(7) In the case of beer wholesalers, as defined in Tenn. Code Ann. § 57-6-102, no county or city shall require a permit from a wholesaler unless such wholesaler operates a warehouse in such county or city.
(8) Any person, firm, corporation, joint-stock company, syndicate, or association engaged in the sale, distribution, or manufacture of beer without the permit required by this part commits a Class A misdemeanor.
(9) Nothing in this chapter shall be construed as granting counties or cities the authority to require the periodic renewal of beer permits.
(B) For the purpose of licensing, regulating and controlling the transportation, storage, sale, distribution, possession, receipt and/or manufacture of beer pursuant to this chapter, the counties of the state shall be classified in two categories, one of which is hereby designated Class A counties consisting of those counties not governed by metropolitan governments as defined in Tenn. Code Ann. § 7-2-101, and the other category is hereby designated Class B counties consisting of those counties governed by metropolitan governments as defined in Tenn. Code Ann. § 7-2-101.
(C) When either “county” or “counties” is used in this chapter, it means counties generally without reference to the classification of counties provided for in this section, and the use of “county” or “counties” shall cause the provision limited by the word “county” or “counties” to apply equally to Class A counties and to Class B counties. When “county legislative body” or “county legislative bodies” is used in this chapter, it means “metropolitan council” or “metropolitan councils” when applicable to Class B counties.
(D) (1) It is unlawful for any person to sell, distribute or manufacture beer without having a valid certificate indicating that purchases of beer by that person are “for resale” as that term is used in Tenn. Code Ann. § 67-6-102(75)(A).
(2) Within ten days after being issued a permit to sell, distribute or manufacture beer, a person shall file with the county or city issuing the permit and with each person from whom the person buys beer a copy of a valid certificate indicating that the purchases of beer are “for resale” as that term is used in Tenn. Code Ann. § 67-6-102(75)(A), and shall subsequently maintain at all times a valid resale certificate on file with the county or city issuing the permit and with each person from whom the person buys beer.
(E) A city or county is authorized to seek criminal history background or fingerprint checks on applicants. Criminal background checks may include fingerprint checks against state and federal criminal records maintained by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation. The Tennessee bureau of investigation is authorized to assess fees for the searches in accordance with the fee schedule established by the bureaus.
(Tenn. Code Ann. § 57-5-103)
(F) The application shall be made on such form as the Board shall prescribe and/or furnish and, pursuant to Tenn. Code Ann. § 57-5-104(a), shall be accompanied by a non-refundable application fee of $250. Said fee shall be in the form of a cashier’s check payable to the city. Each applicant must be a person of good moral character and he or she must certify that he or she has read and is familiar with the provisions of this subchapter.
(1994 Code, § 8-207) (Ord. 415, passed 6-9-1986; Ord. 495, passed 9-13-1993)
There is hereby imposed on the business of selling, distributing, storing or manufacturing beer a privilege tax of $100. Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax each successive January 1 to the city. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.
(1994 Code, § 8-208) (Ord. 490, passed 6-29-1993; Ord. 494, passed 9-2-1993)
All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing and manufacturing. Beer permits for retail sale of beer may be further restricted so as to authorize sales only for off-premises consumption. A single permit may be issued for on-premise and off-premise consumption. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his or her permit. It shall likewise be unlawful for him or her not to comply with any and all express restrictions or conditions in his or her permit.
(1994 Code, § 8-209) (Ord. 490, passed 6-29-1993) Penalty, see § 115.99
The number of licenses for the sale of beer shall be limited to the number as determined from time to time as necessary by the City Commission; provided that, all requirements of this subchapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of the ordinance codified herein shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.
(1994 Code, § 8-210) (Ord. 490, passed 6-29-1993)
(A) No permit authorizing the sale of beer will be issued when such business would cause congestion of traffic or would interfere with schools, residences, churches or other places of public gathering, or would otherwise interfere with the public health, safety and morals. In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within 300 feet of any school, residence, church or other place of public gathering.
(B) Distances shall be measured in a straight line from the nearest point on the property line upon which sits the building from which the beer will be manufactured, stored or sold to the nearest point on the property line of the school, residence, church or other place of public gathering. No permit shall be suspended, revoked or denied on the basis of proximity of the establishment to a school, residence, church or other place of public gathering, if a valid permit had been issued to any business on that same location, unless beer is not sold, distributed or manufactured at that location during any continuous six-month period.
(C) There shall be no distance requirement placed on business within the C-1 Central Business District.
(1994 Code, § 8-211) (Ord. 415, passed 6-9-1986; Ord. 490, passed 6-29-1993; Ord. 792, passed 9-26-2016; Ord. 850, passed 4-27-2020)
It shall be unlawful for any beer permit holder, employee or person engaged in the sale of beer to:
(A) Employ any minor under 18 years of age in the sale, storage, distribution or manufacture of beer;
(B) Sell the alcoholic beverages regulated by this subchapter, including, but not limited to, beer, wine, malt beverages or any other alcoholic beverage, nor shall he, she or it allow the same to be sold by agents, servants or employees, between the hours of 3:00 a.m. and 8:00 a.m. on Monday through Saturday and may not be sold on Sundays between the hours of 3:00 a.m. and 12:00 p.m.;
(C) Allow any person under 21 years of age to loiter in or about his or her place of business;
(D) Make or allow any sale of beer to any intoxicated person or to any feeble-minded, insane or otherwise mentally incapacitated person;
(E) Allow drunken persons to loiter about his or her premises;
(F) Serve, sell or allow the consumption on his or her premises of any alcoholic beverage with an alcoholic content of more than 5% by weight;
(G) Allow pool or billiard playing in the same room where beer is sold and/or consumed; and/or
(H) Fail to provide and maintain separate sanitary toilet facilities for men and women.
(1994 Code, § 8-212) (Ord. 490, passed 6-29-1993; Ord. 494, passed 9-2-1993; Ord. 532, passed 8-14-1995; Ord. 534, passed 10-23-1995; Ord. 734, passed 12-17-2012) Penalty, see § 115.99
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