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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
(A) The Beer Board shall have the power to revoke or suspend any beer permit issued under the provisions of this subchapter when the holder thereof is guilty of making a false statement or misrepresentation in his or her application or of violating any of the provisions of this subchapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the Board after reasonable notice to all the known parties in interest. Revocation or suspension proceedings may be initiated by the Police Chief or by any member of the Beer Board.
(B) Pursuant to Tenn. Code Ann. § 57-5-608, the Beer Board shall not revoke or suspend the permit of a “responsible vendor” qualified under the requirements of Tenn. Code Ann. § 57-5-606 for a clerk’s illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk’s original certification, unless the vendor’s status as a certified responsible vendor has been revoked by the Alcoholic Beverage Commission. If the responsible vendor’s certification has been revoked, the vendor shall be punished by the Beer Board as if the vendor were not certified as a responsible vendor. (CLERK means any person working in a capacity to sell beer directly to consumers for off-premises consumption.) Under Tenn. Code Ann. § 57-5-608, the Alcoholic Beverage Commission shall revoke a vendor’s status as a responsible vendor upon notification by the Beer Board that the Board has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive 12-month period. The revocation shall be for three years.
(1994 Code, § 8-213) (Ord. 490, passed 6-29-1993)
If the Beer Board determines that a clerk of an off-premises beer permit holder certified under Tenn. Code Ann. § 57-5-606, sold beer to a minor, the Beer Board shall report the name of the clerk to the Alcoholic Beverage Commission within 15 days of determination of the sale. The certification of the clerk shall be invalid and the clerk may not reapply for a new certificate for a period of one year from the date of the Beer Board’s determination.
(1994 Code, § 8-215)
Except as provided in § 115.99(B) of this chapter, any violation of this subchapter shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provision of this code. Each day a violation shall be allowed to continue shall constitute a separate offense.
(1994 Code, § 8-216)
INTOXICATING LIQUOR SALES (LIQUOR BY THE DRINK)
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. Alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer, where the latter contains an alcoholic content of 5% by weight, or less.
(1994 Code, § 8-301) (Ord. 735, passed 12-10-2012)
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