§ 115.37 PROHIBITED CONDUCT OR ACTIVITIES BY BEER PERMIT HOLDERS, EMPLOYEES AND PERSONS ENGAGED IN THE SALE OF BEER.

   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

§ 115.38 REVOCATION OR SUSPENSION OF BEER PERMITS.

   (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)

§ 115.39 LOSS OF CLERK’S CERTIFICATION FOR SALE TO MINOR.

   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)

§ 115.40 VIOLATIONS.

   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)

§ 115.55 DEFINITION OF ALCOHOLIC BEVERAGES.

   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)

§ 115.56 CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES.

   Tenn. Code Ann. Title 57, Ch. 4, inclusive, is hereby adopted so as to be applicable to all sales of alcoholic beverages for on premises consumption which are regulated by the said code when such sales are conducted within the city limits. It is the intent of the Mayor and City Commission that the said Tenn. Code Ann. Title 57, Ch. 4, inclusive, shall be effective in the city, the same as if said code sections were copied herein verbatim.

(1994 Code, § 8-302) (Ord. 735, passed 12-10-2012)