(A) (1) All permits issued by the Beer Board under the provisions of this chapter shall be subject to suspension or revocation by the Beer Board when the holder thereof is guilty of making false statement or misrepresentation in his application or for the violation of any provision of the state beer laws, or any provision of this chapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the Beer Board after reasonable notice to all the known parties in interest. Suspension or revocation proceedings may be initiated by any interested person, by the Chief of Police or any member of the police force of the city, the City Administrator or by any member of the Beer Board of the city.
(2) The Board is vested with full and complete power to investigate any charges against any permit holder and to cite any permit holder to appear and show cause why his or her permit should not be suspended or revoked.
(B) Complaints filed against any permit holder for the purpose of suspending or revoking his or her permit shall be made in writing and filed with the Secretary to the Board. When the Chairperson of the Beer Board shall have reason to believe that any permit holder shall have violated the provisions of the state’s Beer Act or any of the provisions of this chapter, the Chairperson of the Beer Board is authorized to notify the permit holder of said violations, and to cite said permit holder by written notice to appear and show cause why his or her permit should not be suspended or revoked for such violations at a special or regular meeting of the Beer Board. The notice to appear and show cause shall state the alleged violations charged and shall be served upon the permit holder either by registered letter or by a member of the Police Department of the city. The notice shall be served upon the permit holder at least five days before the date of the hearing. The permit holder is required to be present in person to answer the charges and the failure of the permit holder to appear in person will result in the immediate suspension of the beer permit until such time as the permit holder does appear before the Beer Board in person. At the hearing, the Board shall publicly hear the evidence both in support of the charges and on behalf of the permit holder. After such hearing, the Board may, in its discretion, suspend or revoke said permit. The action of the Board in all such hearings shall be final, subject to review by the courts as provided in the state’s Beer Law.
(C) At any hearing held pursuant to this chapter for the suspension or revocation of a beer permit, the hearing shall be broad in character and evidence may be heard upon any facts or circumstances pertinent to or applicable to the charges made in the complaint.
(D) 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.
(2011 Code, § 8-223) (Ord. 04-10, passed 5- -2004; Ord. 21-22, passed 12-20-2021)