Athens City Code

1. (1) Generally. Except as authorized by applicable laws or ordinances, it is unlawful for any person or legal entity, regardless of its form of existence (i.e., corporation, limited liability company, partnership, etc.), to manufacture, receive, possess, store, transport, sell, furnish, or solicit orders for any intoxicating liquor within the city.
2. (2) Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Intoxicating liquor includes whiskey, wine, home brew, moonshine, and all other intoxicating, spirituous, vinous, or malt liquors and beers which contain more than (8%) eight percent of alcohol by weight pursuant to T.C.A. § 57-5-101.
   
   Minor means any person who has not attained 18 years of age, except that within this title which addresses, deals with, or relates to any form of alcoholic beverage, whether beer, liquor, wine, or otherwise, the term "minor" means any person who has not attained 21 years of age.

(Code 1972, § 2-101; Code 1995, § 8-101; Ord. No. 834, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 1011, 10-16-2002)

No minor under 21 years of age shall purchase or attempt to purchase intoxicating liquor or beer at any place where it is sold.

(Code 1972, § 10-222; Code 1995, § 11-101)

T.C.A. title 57, ch. 4 is adopted so as to be applicable to all sales of alcoholic beverages for on-premises consumption which are regulated by that chapter when such sales are conducted within the corporate limits of the city. It is the intent of the city council that T.C.A. title 57, ch. 4, and any amendment thereto, shall be effective in the city, the same as if the code sections were copied herein verbatim.

(Code 1995, § 8-102; Ord. No. 873, 1-16-2001)

Pursuant to the authority contained in T.C.A. § 57-4-301, there is levied a privilege tax in the same amounts levied by T.C.A. § 57-4-301 for the city general fund to be paid annually, as provided in this chapter, upon any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., engaging in the business of selling at retail in the city alcoholic beverages for consumption on the premises where sold.

(Code 1995, § 8-103; Ord. No. 873, 1-16-2001)

Any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., exercising the privilege of selling alcoholic beverages for consumption on the premises in the city shall remit annually to the director of finance the appropriate tax described in ACC 8-4. Such payment shall be remitted not less than 30 days following the end of each 12-month period from the original date of the license. Upon the transfer of ownership of such business or the discontinuance of such business, the tax shall be filed within 30 days following such event. Any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., failing to make payment of the appropriate tax when due shall be subject to any penalty provided by law, including revocation of the privilege of selling alcoholic beverages for consumption on the premises in the city.

(Code 1995, § 8-104; Ord. No. 873, 1-16-2001)

Notwithstanding any provision in T.C.A. title 57, ch. 4, no outdoor sign, advertisement or display that advertises alcoholic beverages may be erected or maintained on or about the property from which alcoholic beverages for consumption on the premises is made other than one sign, advertisement or display which makes reference to the fact that the establishment sells alcoholic beverages for consumption on the premises but does not use brand names, pictures, numbers, prices or diagrams relating to any particular type or brand of alcoholic beverages.

(Code 1995, § 8-105; Ord. No. 873, 1-16-2001)

1. (1) Each licensee must furnish the chief of police with a list of the name, date of birth, and social security number of all persons to be employed in the place where alcoholic beverages are to be sold and must inform the chief of police within 72 hours of employment as to the name, 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" shall be defined in this chapter as any person engaged in the operations of the business on a regular basis or who receives compensation from the business.
2. (2) Licensees shall be deemed responsible for the actions of all employees or agents in regard to state and local legislation related to alcoholic beverages, and a violation thereof by an employee or agent shall subject the licensee to appropriate sanction, including revocation or suspension of any license.
3. (3) Prior to January 1 of each year, it is the responsibility of the licensee to pick up copies of any new legislation regulating the sale of alcoholic beverages. 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, § 8-106; Ord. No. 873, 1-16-2001)

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

1. (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 (5%) five percent or less by weight.
   
   Beer means all beers, ales, and other malt liquors having an alcoholic content of not more than (5%) 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. (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. (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. (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. (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)