2-212.   Prohibited Acts, Acts Required.
   The following conduct shall be regulated by the Alcoholic Beverage Control Board:
   1.   In premises upon which the sale of beverages for consumption on the premises is permitted, no screen, blind, curtain, partition, article, or thing shall be permitted in the windows or upon the doors of such premises, nor inside said premises, which shall prevent a clear view into the interior of such premises from the street, road or sidewalk at all times. The Board shall have the right to require the filing of plans, drawings, and photographs showing the clearance of the view as above required. Provided, however, that any business established prior to the effective date of this ordinance may be continued. When a business not conforming with the provision to this section is discontinued or abandoned for a period of one hundred eighty (180) consecutive days, then no application for a business not in conformance with the provisions of this section shall thereafter be approved (Ord. #559, 6/4/81, Ord. #886, 12/07/95).
   2.   No applicant shall employ any persons in the storage, sale or manufacture of any of said beverages except citizens of the United States or any person who has been convicted of any violation of the laws against possession, sale, manufacture, and transportation of intoxicating liquor, or any felony, within the last ten (10) years (Ord. #559, 6/4/81, Ord. #580, 3/3/83, Ord. #886, 12/07/95).
   3.   No alcoholic beverages shall be sold, offered for sale, given away, or consumed between 3:00 a.m. and 8:00 a.m., provided, however, that no alcoholic beverages shall be sold, offered, for sale, given away, or consumed between 3:00 a.m. and 10:00 a.m. on Sundays. No such beverage shall be consumed, open for consumption, or on or about any premises licensed hereunder, in either bottle, glass, or other container, after 3:00 a.m., and no premises licensed hereunder shall allow persons on said premises in any manner whatsoever after 3:00 a.m. Provided, however that: (Ord. #974, 1/02/01; Ord # 1243, 7/11/2019).
   (i)   Any licensed premises under this chapter deriving fifty percent (50%) of its gross revenue from non-alcoholic related revenue may allow persons on said premises during the hours when sale or consumption or alcoholic beverages is prohibited for the purpose of conducting other business, but in no event shall any alcoholic beverages by brought on to the premises, given away, sold, offered for sale, consumed or open for consumption during the prohibited time specified in § 3 above. For the purposes of this section, non-alcohol related revenue shall not include an admission fee, parking fee, cover charge, or other charge that must be paid for entry on to the premises, or any fee or charge for any sales of commodities other than for food or non-alcoholic beverages. (Ord. #973, 9/5/00, Ord. #974, 1/02/01).
   (ii)   during the time when licensed premises as defined in this section, are open for business, all entryways to the premises shall remain unlocked and open to the public and no licensed premises shall allow persons on said premises in any manner whatsoever after said premises are closed or not open to the public (Ord. #559, 6/4/81, Ord. #565, 12/3/81, Ord. #886, 12/7/95).
   (iii)   any licensed premises as defined in (i) above not in compliance with (i) above shall immediately be required to comply with the closing requirements of the general provisions of this section until such time as the licensed premises is in compliance with the requirements of (i) above (Ord. #559, 6/4/81; Ord. #565, 12/3/81, Ord. #886, 12/07/95; Ord. #973, 9/5/00).
   4.   It shall be unlawful for the holder of any permit issued under this section to sell, deliver or give alcoholic beverages to any intoxicated person (Ord. #559, 6/4/81).
   5.   It shall be unlawful:
   (i)   To permit any gambling on any premises issued a permit under this chapter.
   (ii)   To permit any owner, licenses, agent of licensee, guest of licensee, employee, independent contractor of licensee, patron, or guest to remove any clothing, garments, or other costume, either as a live performance, or incidental to any hereinabove described person's use of the licensed premises. Such prohibition does not include the removal of headwear or footwear; or the incidental removal of a tie, suitcoat, sportcoat, jacket, sweater, or similar outer garment by a patron, guest, or invitee of the licensed premises.
   (iii)   To allow any entertainment on licensed premises by any person specified in section (ii) above, which shall contain the performance of acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law, including the actual or simulated touching, caressing, or fondling of the breasts, buttocks, anus, or genitals, or the actual or simulated displaying of the pubic hair, anus, vulva, or genitals; or the nipples of a female.
   (iv)   To permit any person specified in (ii) above from appearing with his or her genitals or pubic region less than completely covered by an opaque substance or material, appear with his or her buttocks less than completely covered by an opaque substance or material; or any female to appear with either or both of her breasts less than completely covered by an opaque substance or material below the upper most or highest part of the areola.
   (v)   For any person specified in (ii) above to permit or allow the showing of films, still pictures, electronic reproductions, or other visual reproductions depicting any entertainment, acts, scenes, drawings, or any other devices portraying, depicting, or in any wise showing any of the prohibited activities described above in (ii) through (iv).
   (vi)   Any licensee in violation of the provisions of this section shall have its license revoked or suspended as provided by the provisions of this chapter and shall be guilty of a misdemeanor and be punished in accordance with the provisions of the Paris Municipal Code (Ord. #559, 6/4/81, Ord. #821, 3/4/93).
   6.   A permit shall be valid 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 of ownership shall occur when control of at least fifty percent (50%) of the stock of the corporation is transferred to a new owner. A permit shall expire on termination of the business, change in ownership, or change of the business's name. Provided that for those permit holders whose business is run by a manager and the business' manager holds a permit, and in the event of change of management the business shall be allowed to continue for a period of thirty (30) days from said change of management, during which time the new manager shall be allowed to apply for a permit without interruption of the business conducted by the permittee (Ord. #687, 8/4/88, Ord. #834, 07/07/93, Ord. #886, 12/07/95).
   7.   A permit issued hereunder shall permit the sale of alcoholic beverages in the premises described in the permit application and any relocation of the business shall cause the permit to expire. Provided, however, that a permit shall be valid for all decks, patios, and other outdoor serving areas that are contiguous to the premises in which the permitted locations is operated by the permittee. Such location may be changed only upon application to the Board and such request for change shall be reviewed as in the manner of a new permit application. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this chapter (Ord. #559, 6/4/81, Ord. #834, 07/07/93, Ord. #974, 1/02/01).
   8.   Minors:
   (a)   It shall be unlawful to sell, give or deliver alcoholic beverages to any person under the age of twenty-one (21) years. It shall be unlawful for any owner, manager, or his/her agent or employee to suffer or permit any minor to be or to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such "on sale" premises is located, providing that this sentence shall not apply to any minor on any licensed premises which derives more than fifty percent (50%) of its gross revenue from the sale of non-alcoholic related revenue items as is defined in 2-212 3. (i) (Ord. #559,6/4/81; Ord. #612, 8/1/84; Ord. #653, 11/11/86, Ord. #674, 1/7/88, Ord. #886, 12/07/95, Ord. #973, 9/05/00).
   (b)   It shall be unlawful for any permittee or agent thereof, to permit any person under the age of eighteen (18) years to engage in the sale, drawing, pouring or mixing of any alcoholic beverage in any permitted premises, provided, however, that any permittee holding a Class A permit shall be allowed to employ persons age seventeen (17) years and older for the sale of items regulated by this chapter under the same terms and conditions as employees eighteen (18) years or older (Ord. #559, 6/4/81, Ord. #580, 3/3/83, Ord. #886, 12/07/95).
   (c)   It shall be unlawful for any person under the age of twenty-one (21) years of age to purchase or obtain any alcoholic beverage where such beverage is sold. It shall be unlawful for any parent or guardian to permit any person under the age of twenty-one (21) years of which he/she may be parent or guardian to violate any provision of this section. It shall be unlawful for any person to misrepresent his/her age for the purpose of purchasing or obtaining alcoholic beverages from any premises where a permit has been issued and alcoholic beverages are sold (Ord. #559, 6/4/81; Ord. #612, 8/1/84; Ord. #674, 1/7/88).
   9.   The possession and consumption of alcoholic beverages containing an alcoholic content of five percent (5%) by weight or greater as defined in 2-101 (1) of the Paris Municipal Code shall be prohibited on the premises covered by the provisions of this chapter except in the following circumstances:
   (a)   A patron or customer of a business holding a Class B permit may bring on to said premises alcoholic beverages as defined in 2-101 (1) for the consumption by said person on the premises of the permit holder if the licensed premises derives fifty percent (50%) of its gross revenue from non-alcoholic related revenue. For the purpose of this section, non-alcoholic related revenue shall not include an admission fee, parking fee, cover charge, or any other such fee that must be paid for entry on to the premises, or fee or charge for any sales of commodities other than for food or non-alcoholic beverages; and,
   (b)   Said alcoholic beverage is retained in the possession of the patron or customer at all times while said patron or customer is on the premises and is removed by the patron or customer when the premises are vacated; and,
   (c)   Said alcoholic beverage is packaged and transported in such a container that it is not readily observable by other patrons or employees to be alcoholic beverages; and,
   (d)   The owner, operator, or manager of the premises upon which the alcoholic beverage is proposed to be consumed gives permission for said possession and consumption; and,
   (e)   The premises under this chapter holds an inspection certificate from the Department of Environmental Health. The licensed premises shall be required to meet any and all regulations contained in the other sections of this chapter relating to legal hours and days of sale, prohibited acts and acts required, regulation and control of minors and employees, the same if said beverage contained an alcoholic content of five percent (5%) by weight or less (Ord. #973, 9/5/00).
This section shall not apply to any permitted location where the permittee also holds a liquor by the drink permit issued by the Tennessee Alcoholic Beverage Commission. (Ord. #974, 1/2/01).