Athens City Code

The city has established a beer board to be composed of all the members of the city council. The mayor shall be its chairman and shall preside at its meetings. Its members shall serve without compensation.

(Code 1972, § 2-201; Code 1995, § 8-201; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

All meetings of the beer board shall be open to the public. The board shall hold regular meetings at 5:30pm preceding each regular meeting of the city council at the city hall whenever there is business to come before the beer board. An adjourned or special meeting of the beer board may be called by its chairman, provided reasonable notice thereof is given to each board member of the board and there is a reasonable and just cause for such an additional session. Reasonable public notice shall likewise be given for any adjourned or special meeting.

(Code 1972, § 2-202; Code 1995, § 8-202; Ord. No. 873, 1-16-2001; Ord. No. 925, 1-18-2005; Ord. No. 1035, § 2, 3-17-2015)

The recorder shall make a record of the proceedings of all meetings of the beer board. The record shall be a public record and shall contain at least the following:

1. (1) Date of each meeting;
2. (2) Names of the board members present and absent;
3. (3) Names of the members introducing and seconding motions and resolutions, etc., before the board;
4. (4) A copy of each motion or resolution presented;
5. (5) The vote of each member thereon; and
6. (6) The provisions of each beer permit issued by the board.

(Code 1972, § 2-203; Code 1995, § 8-203; Ord. No. 873, 1-16-2001; Ord. No. 963, 12-18-2007; Ord. No. 1035, § 2, 3-17-2015)

The attendance of at least a majority of the members of the beer board shall be required to constitute a quorum for the purpose of transacting business. Matters before the board shall be decided by a majority of the members present if a quorum is constituted.

(Code 1972, § 2-204; Code 1995, § 8-204; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

The beer board shall have the power and it is directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within the city in accordance with the provisions of this chapter and state law, to include the issuance, suspension, and revocation of any license. The beer board shall also regulate, as permitted by law, matters related to any other alcoholic beverage, whether defined as an intoxicating liquor or otherwise.

(Code 1972, § 2-205; Code 1995, § 8-205; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beer means and includes all beers, ales and other malt liquors having an alcoholic content of not more than eight percent (8%) by weight or any other beverage of alcoholic content as described in T.C.A. § 57-5-101.

(Code 1972, § 2-206; Code 1995, § 8-206; Ord. No. 834, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

It is unlawful for any person or legal entity regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the beer board. The application shall be made on such form as the board shall authorize and furnish and shall be filed in the city manager's office, accompanied by a nonrefundable application fee of $250.00. The fee shall be in the form of a cashier's check payable to the city. Each applicant, and, if an entity, a person with ownership interest in the entity, must be a person of good moral character and certify that the applicant has not been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or any crime involving moral turpitude within the past five years. Further, the applicant must certify that the applicant has read and is familiar with the provisions of this chapter. Upon receipt of the notarized application, the city manager's office will schedule the presentation of the application to the beer board and will notify the permittee or licensee of the date and time of such meeting.

(Code 1995, § 8-207; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

(1) Each licensee must furnish the chief of police with a list of the names, date of birth, and social security number of all persons to be employed in the place where beer is to be sold and must inform the chief of police within 72 hours of employment as to the names, date of birth, and social security number of any persons employed after such list has been originally submitted. The list will be maintained by the police department at city hall. The term "employee," as used in this chapter, means any person engaged in the operations of the business on a regular basis or who receives compensation from the business.

(2) The licensee shall be deemed responsible for the actions of all employees or agents in regard to state and local legislation related to beer, and a violation thereof by an employee or agent shall subject the licensee to appropriate sanction, including revocation or suspension of any license.

(3) Prior to January 1 of each year, it is the responsibility of the permittee to pick up copies of any new legislation regulating the sale of beer. It is also the responsibility of the licensee to immediately notify the chief of police of any convictions or pleas for unlawful activity.

(Code 1995, § 8-208; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for the retail sale of beer may be further restricted by the beer board so as to authorize sales only for off-premises consumption. It is unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by permit or license. It shall likewise be unlawful for the licensee not to comply with any and all express restrictions or conditions which may be written into the permit or license by the beer board.

(Code 1972, § 2-208; Code 1995, § 8-209; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

There is imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of $100.00 . To sustain a valid permit, any licensee shall remit the tax on January 1 of each year thereafter to the city. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date. (cross-reference: TCA § 57-5-104)

(Code 1995, § 8-210; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

1. (1) No permit or license authorizing the storage, sale, distribution or manufacturing of beer will be issued when such business would cause congestion of traffic, or would interfere with schools, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals (cross-reference: TCA § 57-5-105(b)). In no event will a permit be issued authorizing the storage, sale, distribution or manufacture of beer to a permit holder within a minimum distance as listed below from any building:
   1. (a) Used as a church, provided a church service is held at the premises at least on one day of each week; or
   2. (b) Used as a school, provided the school is operated by a public school system of the city or the county or is a private school, and such school is licensed and accredited by the state to provide and is providing a kindergarten, elementary or secondary education to students at the building; or
   3. (c) Used by the city or county to operate city or county government or the city or county public school system or public library.
2. (2) Minimum distance requirement.
   1. (a) The minimum distance requirement for the various types of permit holders is as follows:
      1. (i) Caterer: 300 feet.
      2. (ii) Craft Beer Restaurant: 300 feet.
         
      3. (iii) Golf Course: 300 feet.
         
      4. (iv) Grocery store (10,000 square feet or more): 300 feet.
      5. (v) Grocery store (under 10,000 square feet): 500 feet.
      6. (vi) Package store: 500 feet.
      7. (vii) Restaurant: 300 feet.
         
      
      
   2. (b) Excepting any existing buildings currently subject to the previous manner of measuring distance, the distance shall be measured in a straight line between the middle of the main entrance of the building proposed to sell, store, or manufacture beer and the front door of the building from which there must be a minimum distance.
   3. (c) For a special event organizer, in the event the minimum distance requirement in subsection (2)(a) of this section is applicable, the distance shall be measured in a straight line between the center of the main entrance of the building within which the organizer of the special event proposes to sell, distribute, store, dispense or serve beer and the front door of the building from which there must be a minimum distance. For a special event organizer, if the special event is scheduled in an outdoor location and the minimum distance requirement in subsection (2)(a) of this section from certain buildings is applicable, the distance shall be measured in a straight line between the center of the booth or station where beer is proposed to be offered for sale or served by the organizer and the front door of the building from which there must be a minimum distance.
   4. (d) The minimum distance requirement from certain buildings in subsection (2)(a) of this section shall not be applicable with respect to the building of a restaurant permit holder or craft beer restaurant permit holder located within the downtown business district, which is defined as that area within the interior of the boundaries of Baxter Street, Green Street, College Street, Hill Street and Park Street as shown on the map of the city attached to the ordinance from which this section is derived and incorporated herein by reference.
   5. (e) These changes as listed in this subsection (2) shall not affect those businesses which have valid permits on the date of the passage of the ordinance from which this chapter is derived, and, further, would not affect the locations if they should change ownership in the future.
3. (3) The number of beer permits permitted in the city, and the classification thereof, are as follows:
   1. (a) Restaurants.
      1. (i) There shall be no limitation on the number of beer permits issued to restaurants. The term "restaurant" means an establishment having a minimum indoor seating capacity of 30, whose principal business is serving food for consumption on premises. A restaurant eligible for a beer permit shall not have monthly gross beer sales greater than 25 percent of the monthly gross sales of food. Any such establishment which, for two consecutive months or for any three months in any calendar year, has gross beer sales greater than 25 percent of its gross food sales shall have its beer permit revoked. Food sales, for the purpose of this section, shall include the sale of food and non-alcoholic beverages or drinks. Food sales, for the purpose of this section, shall not include the sale of any type of alcoholic beverage, including, but not limited to, beer, wine, or liquor. The term "on premises" is defined as any portion of the building interior and any deck, patio, porch or other outdoor serving area that:
         1. A. Is only accessible from the interior of the principal structure housing the restaurant; and
         2. B. Is fully enclosed by a permanent fence that is attached to the principal structure housing the restaurant, with the fence or wall made of brick, stone, wrought iron, or exterior wood panels with a minimum height of 48 inches with maximum spaces between rods, spindles or boards of four inches and such that a four-inch sphere cannot pass between any rods, spindles or boards. If an emergency exit is required by any regulation, ordinance or law within the fence or wall, it shall be clearly marked as an emergency exit only and used only for this purpose. The emergency exit shall be equipped with an alarm which emits an audible sound when the exit gate or door is opened. The fence or wall shall be permanently affixed to the ground per the building official's recommendation and approval. Any deck, patio, porch or other outdoor serving area and the fence or wall shall comply with any applicable provisions of the building code.
      2. (ii) Prior to any existing or new restaurant adding an outdoor dining area wherein beer may be sold for consumption, the owner of the restaurant and the permit holder shall submit a site plan for the outdoor dining area which meets the requirements of ACC 14-96 to the city regional municipal planning commission for approval. The site plan shall show that the new outdoor serving area meets all requirements of the zoning district it lies within, to include, but not be limited to, parking and land coverage requirements. The site plan shall show that the new outdoor serving area meets all requirements of the landscaping and stormwater ordinances.
   2. (b) Grocery (food) stores. There shall be no limitation on the number of beer permits issued to grocery (food stores). The term "grocery (food) stores" means establishments with the dollar value of their inventory of beer at 20 percent or less of the dollar value of the total inventory. Beer shall not be sold for consumption on the premises of grocery (food) stores.
   3. (c) Package beer stores (off premises). Package beer stores (off premises) are establishments where beer is sold to be consumed off the premises. There shall be one license for every 1,000 population according to the latest official census of the city. Beer shall not be consumed on the premises of these establishments.
   4. (d) Wholesaler/distribution (off premises). Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer shall not be sold or consumed on the wholesaler's premises.
   5. (e) Caterers.
      1. (i) There shall be no limitation on the number of beer permits issued to caterers. The term "caterer" means a business engaged in offering food and beverage service for a fee at various locations, which:
         1. A. Operates a permanent catering hall on an exclusive basis;
         2. B. Has a complete and adequate commercial kitchen facility; and
         3. C. Is licensed as a caterer by the state department of health.
      2. (ii) The permit shall authorize the caterer to sell beer on the premises of the caterer and at such other sites as the caterer has given advance notice to the city beer board through the city manager. With such notice, the off-premises site shall be considered to be within the premises of the caterer for the purposes of this chapter. The permit shall not authorize and the caterer shall not sell beer at a site within 300 feet of a building from which there must be a minimum distance as provided in subsection (b)(1) of this section. In all cases, beer may be sold for consumption only at the permanent catering hall of the caterer or at the site for which the caterer has given advance notice to the city beer board.
   6. (f) Golf course. There shall be no limitation on the number of beer permits issued to golf courses. Beer may be sold for consumption on the premises only, with the premises defined as any clubhouse, pro shop, restaurant, or the playing course itself. No consumption shall be permitted in or on the parking lot.
      1. (i) The term "golf course" means a recreational facility developed for the primary sport of golf, not to be less than nine holes, managed and regularly maintained by the operator of the facility and located on a minimum of 50 contiguous acres. To qualify as a golf course hereunder, receipts from the sales of beer shall not exceed 30 percent of the total gross receipts for two consecutive months or for any three months in any calendar year for the business establishment.
      2. (ii) Any beer consumed on the premises of the golf course, whether within any building or on the playing course itself, must be purchased at the golf course from the operator thereof.
      3. (iii) Any beer on the premises of the permit holder must be sold by the permit holder and consumed on the premises. Beer may be consumed within any building on the premises or the playing course itself. The minimum distance requirement from certain buildings as provided in subsection (2)(a) of this section shall be applicable to a golf course permit holder with the distance measured as required from the nearest corner of any building on the premises where beer may be consumed and the nearest corner of the building from which there must be a minimum distance. In the event the permit holder has a common property line with the owner of any building from which there must be a minimum distance, the permit holder shall provide a fence along that property line with a height not less than six feet and visible space between boards not less than 1 1/4 inch. A planted natural tree buffer or the use of elevated mounds shall serve as an acceptable substitute for the fence. In accordance with the zoning ordinance of the city, the term "buffer strip" means a greenbelt planted strip 30 feet in width. Such a greenbelt shall be composed of one row of evergreen trees, spaced not more than 15 feet apart, and not less than two rows of shrubs or hedges, spaced not more than five feet apart within the row and which grow to a height of five feet or more after one full growing season and which shrubs will eventually grow to not less than ten feet. In the event any part of the playing course is within 300 feet from the nearest corner of a building from which there must be a minimum distance as provided in subsection (2)(a) of this section, that part of the playing course must have along or near its property line the same fencing, planted buffer strip, or elevated mounds, as required above, for that length of the playing course within 300 feet of the nearest corner of the building of concern.
   7. (g) Club. There shall be no limitation on the number of beer permits issued to clubs as defined in this subsection. The term "club" means a nonprofit association as defined and described in T.C.A. § 57-4-102(7)(A) and (B), in effect upon final passage of the ordinance from which this section is derived. Before receiving a beer permit, an applicant must have received a club license issued by the alcoholic beverage commission to serve alcoholic beverages containing more than five percent of alcohol by weight. After an applicant receives a beer permit, in the event the association no longer meets the definition of a club, the beer permit may be revoked. In addition to any other acts or conduct prohibited in this Code or any general state law, the acts or conduct described in T.C.A. § 57-4-204(b)(1), (2), (3), and (4) and (d)(1)(A), (B), (C), and (D) are prohibited on the premises of a licensed club.
   8. (h) Hotels.
      1. (i) There shall be no limitation on the number of beer permits issued to hotels as defined in this subsection (3)(h). The term "hotel," for the purpose of holding a beer permit, means a hotel located within a radius of one mile from the intersection of Highway 30 and the entrance ramp to the northbound lanes of Interstate 75 which has available for occupancy 60 or more interior corridor rooms for paid lodging by guests on a short-term basis, not to exceed seven consecutive days by a guest. The permit shall authorize the hotel to offer and provide beer, to registered guests only, for consumption in a common area or designated meeting or conference room on the premises of the hotel between the hours of 4:00 p.m. and 8:00 p.m. during any day of the week.
      2. (ii) This permit shall not authorize or allow a hotel to offer or provide beer for a charge or fee. This permit shall not authorize or allow a hotel to offer or provide beer to a guest of the hotel for consumption in the guest's rented room. The permit holder shall not allow any beer in the area or room where the holder is providing beer at no charge except for beer provided by the permit holder.
   9. (i) Craft beer restaurant. There shall be no limitation on the number of beer permits issued to craft beer restaurants. A craft beer restaurant shall constitute a separate classification of beer permit from a restaurant permit issued under ACC 8-92(3)(a). The term ‘craft beer restaurant’ means an eating and drinking establishment having a minimum indoor seating capacity of forty (40), providing prepared food for purchase and consumption by patrons on the permitted premises during the permittee’s posted hours of operation, and owned or operated by, or under common ownership or control with, a manufacturer authorized to manufacture beer under applicable federal and state law.
      1. (i) The restaurant establishment and any beer manufacturing operation conducted on the premises shall each meet all applicable federal, state, and local licensing, permitting, zoning, building, fire, health, and land use requirements, including Tennessee Code Annotated, section 57-5-101, as amended. Any beer manufacturing, storage, service, or sale occurring on the premises pursuant to this subsection shall be subject to all applicable provisions of the Athens Zoning Ordinance, this Code, and all other licenses and approvals required by applicable federal, state, and local law.
      2. (ii) A craft beer restaurant permit shall not, by itself, authorize the storing for sale or distribution of beer except to the extent strictly incidental to retail sales expressly authorized by this subsection. Any separate storing for sale, distribution, or manufacturing activity shall require such separate beer permit or permits required by this Code and applicable law.
      3. (iii) A craft beer restaurant permit may authorize both on-premises consumption and off-premises retail sale of beer; provided, however, that any off-premises sales under this classification shall be limited to beer lawfully manufactured on the permitted premises pursuant to all required federal, state, and local licenses and permits, no off-premises sale of guest beer shall be authorized under this classification, and beer sold for off-premises consumption shall be sold only in sealed containers, and shall not be opened or consumed within the permitted premises, including any approved outdoor serving area.
      4. (iv) The gross beer sales limitation applicable to restaurant permits under ACC 8-92(3)(a) shall not apply to craft beer restaurant permits issued under this subsection. A craft beer restaurant shall not have monthly gross beer sales greater than forty-nine percent (49%) of the monthly gross sales of food. Exceeding this ratio for two (2) consecutive months, or for any three (3) months in any calendar year, shall constitute grounds for suspension or revocation of the permit. Food sales, for the purpose of this subsection, shall include the sale of food and non-alcoholic beverages and shall not include the sale of beer, wine, liquor, or any other alcoholic beverage. In addition, gross sales of sealed beer sold for off-premises consumption pursuant to this subsection shall be excluded from the gross beer sales ratio calculation under this subsection.
      5. (v) Food service for a craft beer restaurant may be provided through an on-site kitchen or through one (1) or more partner food providers. The term ‘partner food provider’ means a food service establishment properly permitted or licensed by the Tennessee Department of Health or other applicable authority to prepare and serve food, which provides prepared food for purchase and consumption by patrons on the permitted premises pursuant to a written agreement with the permittee and which provides such food service during the permittee’s posted hours of operation. The term shall not include vending machines or the sale of prepackaged snack items only.
      6. (vi) A permittee utilizing one (1) or more partner food providers shall maintain written agreements with each partner food provider, shall maintain records sufficient to verify food sales for purposes of this chapter, and shall make such agreements and records available to the city or beer board upon request. There shall be no limit on the number of partner food providers used by a craft beer restaurant, and partner food providers may operate simultaneously.
      7. (vii) Any outdoor dining or serving area in which beer is sold, served, or consumed under a craft beer restaurant permit shall comply with the Athens Zoning Ordinance and all applicable provisions of Title 14 of the Athens City Code, including site plan approval under ACC 14-96 where applicable. The permittee shall comply with any production, retail sale, storage, and self-distribution limits applicable under Tennessee law.
4. (4) Each permit hereafter issued shall specify the classification of permit along with the kind of establishment as herein set forth. No beer sales other than the class designated shall be permitted except as stated herein. No on-the-premises consumption shall be legal where the establishment has been granted an off-premises permit only. At establishments with permits allowing on-the-premises consumption, it shall be lawful for beer to be consumed on the premises only; provided, however, that a craft beer restaurant permit holder may also engage in off-premises sales to the extent expressly authorized in ACC 8-92(3)(i). (Ordinance 1151)
5. (5) If the character of the establishment changes from the classification originally issued, the permittee will be required to obtain a new permit to conform to the type of establishment being operated by the permittee.
6. (6) All beer permits now issued and outstanding will be classified and placed in its appropriate category, and the holders of the beer permits shall be so notified, along with a copy of this chapter.
7. (7) The term "package store" shall be further defined to be an establishment whose primary business is the sale of beer. Gasoline stations shall be excluded from the above definition of the term "package store."

(Code 1972, § 2-210; Code 1995, § 8-211; Ord. No. 823, 12-17-1996; Ord. No. 873, 1-16-2001; Ord. No. 889, 1-15-2002; Ord. No. 909, 3-18-2003; Ord. No. 908, 4-22-2003; Ord. No. 925, 1-18-2005; Ord. No. 926, 1-18-2005; Ord. No. 963, 11-20-2007; Ord. No. 980, 6-16-2009; Ord. No. 987, 5-18-2010; Ord. No. 1011, 10-16-2012; Ord. No. 1035, § 2, 3-17-2015; Ord. No. 1117, § 1, 5-16-2023)

No beer permit shall be issued to any person or entity with a person with greater than ten percent (10%) ownership interest who has been convicted for the unlawful possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or any crime involving moral turpitude within the past five (5) years.

(Code 1972, § 2-211; Code 1995, § 8-212; Ord. No. 873, 1-16-2001; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

1. (1) It is unlawful for any beer permit holder, agent, servant, employee or other person working in an establishment that is permitted to sell beer to:
   1. (a) Knowingly employ any person convicted for the unlawful possession, sale, manufacture or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past five years.
   2. (b) Employ any minor under 18 years of age in the sale, storage, distribution or manufacture of beer.
   3. (c) Deliver beer to any purchaser except during those hours set out in subsection (c) of this section.
   4. (d) Sell intoxicating liquor as defined in ACC 8-1, except in establishments that have a state-issued "liquor by the drink" license.
   5. (e) Allow the possession of beer by any person, including the permittee, within the permittee's place of business at a time when beer may not be legally sold. Such possession shall constitute evidence of an illegal sale.
   6. (f) Allow any loud, unusual or obnoxious noises to emanate from the premises.
   7. (g) Make or allow any sale of beer or any other alcoholic beverage, including an intoxicating liquor, to a minor under the age of 21 years.
   8. (h) Allow any minor under 21 years of age to loiter in or about the place of business. The term "loitering," within the meaning of this subsection, means to be dilatory, to be slow in movement, to stand around, to spend time idly, to saunter, to delay, to idle, to linger, to lag behind. However, nothing in this section shall prohibit persons under the age of 21 years from dining in establishments which have a beer permit but whose exclusive or primary business is the sale of food, but such establishments shall ensure that all containers of alcoholic beverages, both open and closed, are not provided by customers, patrons, or any other persons to persons under the age of 21 years; shall immediately remove empty and partially empty containers of alcoholic beverages from the tables where persons under the age of 21 are seated unless accompanied by a parent or guardian; and shall store all alcoholic beverages behind the bar or other proper storage place not ordinarily accessible to customers or patrons.
   9. (i) Make or allow any sale of beer or any other alcoholic beverage, including an intoxicating liquor, to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.
   10. (j) Allow drunk or disreputable persons to loiter about the premises.
   11. (k) Allow patrons to remain in the permittee's place of business longer than 30 minutes past the time the permittee closes the place of business to the public.
   12. (l) Fail to provide and maintain separate sanitary toilet facilities for men and women at locations for consumption on premises.
   13. (m) Sell beer at premises where dancing is allowed, except under the circumstances as follows:
       1. (i) The area for dancing is an open and cleared space or area containing at least 144 square feet of floor space or area. In computing the open and cleared floor space or area, only the compact floor area used for dancing shall be counted. No area upon which counters, tables, chairs or other obstructions are located and no aisles used primarily for providing access to tables shall be included when computing such open and cleared floor space; and
       2. (ii) The area or space within the premises where dancing is allowed is separated from the other part of the premises by a partition or wall, railing or rope, or other definite means of separation; and
       3. (iii) No beer or other alcoholic beverage shall be permitted within the open and cleared space or area set apart for dancing.
2. (2) It shall be unlawful for any person or legal entity regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., to offer for sale or sell beer or other alcoholic beverage with an alcoholic content not exceeding five percent by weight within the corporate limits of the city between the hours of 3:00 a.m. and 8:00 a.m. on weekdays and between the hours of 3:00 a.m. and 10:00 a.m. on Sunday. No such beverages shall be consumed or opened for consumption on or about any premises where beer or other beverage with an alcoholic content not exceeding five percent of weight is sold within the corporate limits of the city, in either bottle, glass, or other container after 3:15 a.m.
3. (3) Any person who holds a permit shall continuously operate the business, and if any permit holder either voluntarily or involuntarily fails or refuses to carry on the business for a period of 60 days, then the permit shall be revoked.
4. (4) With the exception of a beer permit classified as a restaurant or craft beer restaurant, pool or billiard playing will not be permitted in the same room where beer is sold and/or consumed.
5. (5) Proper and prominent signs will be displayed stating there shall be no form of gambling on or about the permittee's place of business.

(Code 1972, § 2-212; Code 1995, § 8-213; Ord. No. 801, 12-20-1994; Ord. No. 823, §§ 2, 3, 12-23-1997; Ord. No. 834, §§ 2--4, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 874, 4-17-2001; Ord. No. 963, 11-20-2007; Ord. No. 980, 6-16-2009; Ord. No. 1016, § 1, 2-19-2013; Ord. No. 1035, § 2, 3-17-2015; Ord. No. 1122, § 1, 8-15-2023)

Every employee employed by an establishment licensed under this chapter shall be required to have on his or her person at all times while upon the premises bona fide identification with his or her name, birth date, age, and description, and written proof of present employment furnished by the employer. Upon demand by any law enforcement officer, any and every employee shall be required to immediately produce such identification and proof of employment at any time the employee in question is on or about the premises.

(Code 1995, § 8-214; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

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)

1. (1) Definitions. 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:
   
   Responsible vendor means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the state alcoholic beverage commission under the Tennessee Responsible Vendor Act of 2006, T.C.A. § 57-5-601 et seq.
2. (2) Civil penalty, revocation or suspension. The beer board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed $2,500.00 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000.00 for any other offense.
   1. (a) The beer board may impose on a responsible vendor a civil penalty not to exceed $1,000.00 for each offense of making or permitting to be made any sales to minors or for any other offense.
   2. (b) If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn.
   3. (c) Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city may impose.

(Code 1995, § 8-216; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

If the beer board determines that a clerk of an off-premises beer permit holder, certified under T.C.A. § 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.

(Code 1995, § 8-217; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

Except as provided in ACC 8-98, any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a civil penalty under ACC 1-13. Each day a violation shall be allowed to continue shall constitute a separate offense.

(Code 1995, § 8-218; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

It is unlawful for any person to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on the premises of any retail beer sales outlet which does not have an on-premises permit; and it is unlawful, except at the conference center at the Athens Regional Park and any restricted area outside and near the conference center designated for the consumption of beer sold by a licensed caterer selling beer for a function at the conference center, to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on any public street, sidewalk, playground, park, school property or public parking lot within the municipal limits of the city. It shall also be unlawful to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on any privately owned parking lot held open by the owners for use by the public where 20 or more vehicles may be parked.

(Code 1972, § 2-214; Code 1995, § 8-219; Ord. No. 873, 1-16-2001; Ord. No. 889, 1-15-2002; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

1. (1) No outdoor sign, advertisement or display that advertises beer may be erected or maintained on the property on which a retail beer establishment is located other than one sign, advertisement or display which makes reference to the fact that the establishment sells beers but does not use brand names, pictures, numbers, prices or diagrams relating to beer.
2. (2) Notwithstanding subsection (1) of this section, for restaurant beer permit holders and craft beer restaurant permit holders, no sign, advertisement, or display indicating that beer may be purchased on the premises shall be erected or maintained on the exterior of the premises or on the interior of the premises if visible from the exterior
   1. (a) Beer and its containers located at or upon a bar or table within the premises shall not violate this prohibition, provided the bar is located no closer than 20 feet from any window facing a public street.
   2. (b) Beer and its containers located at or upon any table or booth within the premises being consumed or having been consumed by customers shall not violate this provision.
   3. (c) Beer and its containers within a lawful restaurant outdoor dining area, as described in ACC 8-92(3)(a), being consumed or having been consumed by customers shall not violate this provision. This exception shall not permit a bar or beer keg or other type of beer dispensing equipment or machine to be located in the outdoor dining area. This exception shall not permit the storage of beer bottles or cans for ultimate sale to customers in any area of the outdoor dining area.

(Code 1995, § 8-220; Ord. No. 834, 9-17-1996; Ord. No. 873, 1-16-2001; Ord. No. 908, 4-15-2003; Ord. No. 963, 11-20-2007; Ord. No. 980, 11-17-2009; Ord. No. 1035, § 2, 3-17-2015)