Athens City Code

1. (1) The beer board shall have the power to suspend or revoke any beer permit issued under the provisions of this chapter when the license or permit holder or any agent, servant or employee of the permittee or licensee is guilty of violating the provisions of this chapter, any of the municipal codes of the city addressing the sale, manufacture, storage or distribution of beer, wine, liquor or any other alcoholic beverage or any state law regarding the sale, manufacture, storage or distribution of beer, wine, liquor or any other alcoholic beverage. However, no beer permit shall be suspended or revoked until a public hearing is held by the board after a reasonable notice to all the known parties in interest. Suspension or revocation proceedings may be initiated by the police chief, city manager or by any member of the beer board.
2. (2) Pursuant to T.C.A. § 57-5-608, the beer board shall not revoke or suspend the permit of a responsible vendor qualified under the requirements of T.C.A. § 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meetings since the clerk's original certification, unless the vendor's status as a certified responsible vendor has been revoked by the alcoholic beverage commission. If the responsible vendor's certification has been revoked, the vendor shall be punished by the beer board as if the vendor were not certified as a responsible vendor. As used in this section, the term "clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under T.C.A. § 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.
3. (3) In the event a permit holder surrenders his license to sell beer, the surrender will become effective when formal action of the beer board is taken; provided, however, the surrender of a permit or license shall not operate to prevent the beer board from revoking the permit or license for violation of this chapter or applicable state law occurring before such surrender.
4. (4) Where a permit or license is revoked, no new license or permit shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one year from the date the revocation becomes final, unless the revocation is the result of a violation of ACC 8-94(3). If the revocation was the result of a violation of ACC 8-94(3) and the new license or permit request is from the permit or license holder whose permit or license was revoked, no new license or permit shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of 90 days from the date the revocation becomes final. If the revocation was the result of a violation of ACC 8-94(3) and the new license or permit request is from a new owner of the same premises affected by the revocation of a permit or license, a new license or permit may be issued to the new owner without regard to the prior permit or license revocation if the new owner is otherwise entitled to a license or permit. The applicant for a new license or permit shall not be considered a new owner if the applicant is a corporation, limited liability company or any other form of business in which the principal owner also owned the corporation, limited liability company or other form of business whose permit or license was revoked the result of a violation of ACC 8-94(3).
5. (5) No new permit shall be granted at any location where a case is pending in court for an infraction of the beer laws of the state or the city.

(Code 1972, § 2-213; Code 1995, § 8-215; Ord. No. 873, 1-16-2001; Ord. No. 917, 4-20-2004; Ord. No. 963, 11-20-2007; Ord. No. 980, 11-17-2009; Ord. No. 1035, § 2, 3-17-2015)