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8-8 Unregulated And Unlicensed Possession And Consumption Of Beer And Alcoholic

Beverages

This section shall make the unregulated and unlicensed possession and consumption of beer and
alcoholic beverages in a business in the city unlawful.

(1) The following words, terms and phrases, when used in this section, shall have the meanings

ascribed to them in this subsection, except where the context clearly indicates a different
meaning:

Alcoholic beverages means alcohol, spirits, liquor, wine and every liquid containing alcohol,
spirits, wine and capable of being consumed by a human being other than patent medicine or
beer where the latter contains an alcoholic content of five percent or less by weight.

Beer means all beers, ales, and other malt liquors having an alcoholic content of not more than
five percent by weight.

Hotel means, as defined in T.C.A. § 67-4-1401, any structure or space, or any portion thereof,
which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or
sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin, motel or

any place in which rooms, lodgings or accommodations are furnished to transients for a
consideration.

Open container means a container which has any opening through which its contents may pass
in order to be consumed by any person.

(2) It is unlawful for any person to consume beer or an alcoholic beverage not lawfully sold by the
business on the premises of any business open for business in the city.

(3) It is unlawful for any person to possess an open container of beer or an alcoholic beverage not
lawfully sold by the business on the premises of any business open for business.

(4) It is unlawful for any owner of a business open for business in the city, or the owner's agent or
employee, knowingly or intentionally to permit any person to possess an open alcoholic
container of beer or an alcoholic beverage not lawfully sold by the business or to consume beer
or an alcoholic beverage not lawfully sold by the business on the premises of any business. For

the purposes of this section, notice to an agent or employee of a business shall constitute notice
to the owner of the business.

(5) This section does not prohibit the sale of beer or alcoholic beverages by any business which
possesses a valid beer permit or alcoholic beverage license during such hours authorized by the
laws of the state and the ordinances of the city nor does this section prohibit any other conduct
permitted under the laws of the state or the ordinances of the city. This section does not prohibit
the owner of a business who resides on the premises of the business from consuming beer or
alcoholic beverages at any time on the premises or from possessing an open container of beer
or alcoholic beverage at any time on the premises. This section does not prohibit the
consumption of beer or alcoholic beverages or the possession of an open container of beer or

alcoholic beverages by any person within the confines of the person's individual room in any
hotel within the city.

(Code 1995, § 8-107: Ord. No. 888, 12-18-2001)

8-35 Definition
8-36 Selling And Distribution Generally
8-37 Licenses Required For Sale Of Alcoholic Beverages At Retail

https://athens.municipalcodeonline.com/book/print?type=ordinances&name=PRIQE_8_ALCOHOLIC_BEVERAGES 3/29