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)

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:

Alcoholic beverage means and includes alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits, and wine capable of being consumed by a human being other than medicine or beer where the latter contains an alcohol content of (5%) five percent by weight or less. The term "alcoholic beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, irrespective of alcoholic content. Products or beverages, including beer, containing less than one-half percent alcohol by volume, other than wine as defined in this section, shall not be considered an alcoholic beverage and shall not be subject to regulation or taxation pursuant to this chapter unless specifically provided.

Applicant means a person applying for a local liquor store privilege license or a certificate of compliance, as the context provides.

Applicant group means more than one person joining together to apply for a local liquor store privilege license or certificate of compliance, as the context provides, to operate a single liquor store pursuant to the same application.

Application means the form or other information an applicant or applicant group is required to file with the city in order to attempt to obtain a local liquor store privilege license or certificate of compliance, as the context provides.

Certificate of compliance means the certificate required in T.C.A. § 57-3-208 and subject to the provisions set forth in this chapter for issuance of such a certificate.

Co-licensees means persons who together hold a single liquor store privilege license for a single liquor store.

Federal statutes means the statutes of the United States now in effect or as they may hereafter be changed or amended.

Inspection fee means the monthly fee a licensee is required by this chapter to pay, the amount of which is determined by a percentage of the gross purchase price of all alcoholic beverages acquired by the licensee for retail sale from any wholesaler or any other source. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, such inspection fee shall be the same as if the local liquor store privilege license were held by a single licensee.

License fee means the annual fee a licensee is required by this chapter to pay prior to the time of the issuance or renewal of a local liquor store privilege license. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, only one license fee is required.

Licensee means the holder of a local liquor store privilege license. In the event of co-licensees, each person who receives a certificate of compliance and liquor store privilege license shall be a licensee subject to rules and regulations herein.

Liquor store means the building or part of a building where a licensee conducts any of the business authorized by the local liquor store privilege license and state liquor license held by such licensee.

Local liquor store privilege license means a local liquor store privilege license issued under the provisions of this chapter for the purpose of authorizing the holder thereof to engage in the business of selling alcoholic beverages at retail in the city at a liquor store. Such a local liquor store privilege license will only be granted to a person who has a valid state liquor retailer's license. One local liquor store privilege license is necessary for each liquor store to be operated in the city.

Manufactured building means a structure or building substantially or wholly made at a manufacturing plant for installation or assembly at a building site, whether referred to as a mobile home, modular home, manufactured home, panelized home, prefab home, factory-built home, or otherwise. The term "manufactured building" includes any structure transportable in one or more sections built or placed on a permanent chassis designed to be used with or without a permanent foundation.

Person means any natural person as well as any corporation, limited liability company, partnership, firm or association or any other legal entity recognized by state law.

Retail sale and sale at retail mean the sale to a consumer or to any person for any purpose other than for resale.

State law, rules and regulations means all applicable state laws, rules and regulations applicable to alcoholic beverages as now in effect or as they may hereafter be changed or amended, including, without limitation, the local option liquor rules and regulations of the state alcoholic beverage commission.

State liquor retailer's license means a license issued by the state alcoholic beverage commission pursuant to T.C.A. § 57-3-201 et seq., permitting its holder to sell alcoholic beverages at retail in the state.

Wholesaler means any person who sells at wholesale any beverage for the sale of which a license is required under the provisions of this chapter.

Wine means the product of normal alcoholic fermentation of juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed (21%) twenty-one percent by volume.

(Ord. No. 1035, § 1(8-201), 3-17-2015)

It is unlawful for any person to engage in the business of selling or distributing alcoholic beverages within the corporate limits of the city except as provided by T.C.A. title 57 and by the rules and regulations promulgated thereunder and as provided under this title.

(Ord. No. 1035, § 1(8-202), 3-17-2015)

It shall be lawful for a licensee to sell alcoholic beverages at retail in a liquor store, provided that such sales are made in strict compliance with all federal statutes, all state laws, rules and regulations, and all provisions of this chapter and any other applicable chapter and the Charter of the city, and provided that such licensee has a valid and duly issued state liquor retailer's license and a valid and duly issued local liquor store privilege license from the city permitting the licensee to sell alcoholic beverages at retail. Transfer of any ownership right or interest in a license is prohibited. Possession of any alcoholic beverage by a licensee in any manner other than by retail sale is prohibited.

(Ord. No. 1035, § 1(8-203), 3-17-2015)

Each licensee shall be responsible for all acts of such licensee, as well as the acts of a co-licensee, and acts of the licensee's officers, employees, agents and representatives so that any violation of this Code or the city Charter, or of any state or federal law concerning alcoholic beverages by any co-licensee, officer, employee, agent or representative of a licensee shall constitute a violation of this chapter by such licensee.

(Ord. No. 1035, § 1(8-204), 3-17-2015)

1. (1) It is unlawful for any person to operate or maintain a liquor store for the retail sale of alcoholic beverages in the city unless at a location approved by city council. All such stores shall only be located within a B-2 or B-3 business district.
2. (2) Moreover, in no event shall such store be located within 500 feet of any building used as a school or church. The minimum distance requirement from a church shall only be applicable provided a church service is held at the church premises at least on one day of each week.
3. (3) The minimum distance requirement from a school shall only relate to any public school operated by the city or county or a private school, provided such school is licensed and accredited by the state to provide and is providing a kindergarten, elementary, or secondary education to students at the premises.
4. (4) Excepting any existing buildings currently subject to previous requirements, the minimum distance requirement in this section from certain buildings shall be measured in a straight line between the middle of the main entrance of the building proposed to sell alcoholic beverages and the front door of the building from which there must be a minimum distance.
5. (5) The minimum distance requirement in this section from certain buildings shall not be applicable with respect to the building of a local liquor store privilege licensee located within the downtown business district, which is defined as that area within the interior of the boundaries of Baxter Street, College Street, Hill Street, and Park Street. No liquor store shall be located where the operation of a liquor store at the premises contemplated by an application would unreasonably interfere with public health, safety, or morals.

(Ord. No. 1035, § 1(8-205), 3-17-2015; Ord. No. 1116, § 1, 5-16-2023)

1. (1) No liquor store shall be located within a manufactured building as defined in ACC 8-35. All liquor stores shall be located within a newly constructed building or within an existing building to be renovated or refurbished. The plans for any new building or for the renovation or refurbishing of an existing building must be approved by the city community development office and the city council.
2. (2) The front of the building must have a brick facade.
3. (3) All liquor stores shall have night light surrounding the outside of the premises and shall be equipped with a functioning burglar alarm system on the inside of the premises.
4. (4) The liquor store display area shall be at least 1,800 square feet, except for stores in the downtown business district as defined in ACC 8-39, which shall have a display area at least 900 square feet.
5. (5) Full, free and unobstructed vision shall be afforded to and from the street, public highway or parking lot to the interior of the liquor store by way of large windows in the front and to the extent practical to the sides of the building containing the liquor store.
6. (6) No liquor store shall be located except on the ground floor of the building, and it shall have one main entrance opening on a public street, and such place of business shall have no other entrance for use by the public. All liquor stores shall be subject to applicable zoning, land use, building and safety regulations, as adopted within this Code, unless specifically stated otherwise herein.

(Ord. No. 1035, § 1(8-206), 3-17-2015)

1. (1) Certain devices and non-employee seating forbidden. No pool tables, televisions for viewing by customers, pinball machines, arcade gaming devices, including video games, jukeboxes or similar devices shall be permitted in any liquor store. No seating facilities, other than for employees of the liquor store, shall be permitted in any liquor store.
2. (2) Time and days of operation. No liquor store shall sell or give away any alcoholic beverage between 11:00 p.m. on Saturday and 8:00 a.m. on Monday of each week (no Sunday sales). No liquor store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of 8:00 a.m. and 11:00 p.m. on Monday through Saturday. The store may not be open to the general public except during regular business hours. No liquor store shall be open for business on Thanksgiving Day, Christmas Day, New Year's Day, Labor Day, or the Fourth of July.
3. (3) Selling or furnishing to persons below the age of 21 years, etc. It is unlawful for any licensee to sell, furnish or give away any alcoholic beverage to a person below the age of 21 years, to a person visibly intoxicated, or to any person accompanied by a person who is visibly intoxicated. It is unlawful for any person under the age of 21 years or a person who is visibly intoxicated to enter or remain in a liquor store or to loiter in the immediate vicinity of a liquor store. Employees with appropriate employee permits issued pursuant to state law who are age 18 years and older are permitted in a liquor store for the purpose of engaging in paid employment only. It is unlawful for a person below the age of 21 years to misrepresent his or her age in an attempt to gain admission to a liquor store or in an attempt to buy any alcoholic beverage from a licensee. Any person selling alcoholic beverages within the city shall be required to have produced to the person selling the alcoholic beverages a facially valid government-issued identification showing that the age of the prospective purchaser of the alcoholic beverage is 21 years of age or older. If such identification is not produced by the prospective purchaser, the alcoholic beverage shall not be sold. Such identification shall be required prior to the sale of alcoholic beverages, regardless of the apparent age of the prospective purchaser.
4. (4) Consumption on premises of liquor store. It is unlawful for any licensee to sell any alcoholic beverage for consumption in such licensee's liquor store or on the premises used by the licensee in connection therewith. It is unlawful for any person who is not an employee of the liquor store to consume any alcoholic beverage in the liquor store or in the immediate vicinity of the liquor store. Any consumption of an alcoholic beverage by an employee shall be limited solely to the circumstances permitted and set forth in the rules of the state alcoholic beverage commission and any applicable federal law.
5. (5) Advertising. There shall be no advertising signs of any kind whatsoever outside the building containing a liquor store, either for the liquor store or to advertise any matter pertaining to alcoholic beverages sold at liquor stores, except as set forth herein. There may be placed on the front of a liquor store, but not extending therefrom over 12 inches, a sign setting out the name of the liquor store. Such sign shall not exceed 20 square feet in dimension. No such sign shall contain letters of neon or tube lighting so as to produce lighting within letters. No reader board or changeable copy signs shall be permitted. One freestanding sign shall be allowed on the premises not to exceed 144 square feet. No off-premises signs related to a liquor store shall be allowed within the city. No banner or temporary or permanent sign or other material shall be placed on or inside a liquor store so that it obstructs free and clear vision of the interior of the liquor store from outside of the liquor store. The foregoing notwithstanding, one banner advertising the grand opening of the liquor store shall be permitted for up to two weeks when a liquor store is first opened for business, provided a sign permit for such banner is obtained from the city. In addition, all liquor store signage shall be subject to applicable zoning, building, and safety regulations, as adopted within this Code, unless specifically stated otherwise herein.
6. (6) Off-premises business. All retail sales of alcoholic beverages shall be confined to the premises of the liquor store. No curb service is permitted, nor shall drive-in window service be permitted. A licensee shall not deliver or cause to be delivered any alcoholic beverage from the store premises to the residence or place of business of a consumer. No licensee shall employ any canvasser, agent, solicitor or other representative for the purpose of receiving an order from a consumer for any alcoholic beverages at the residence or place of business of such consumer nor shall any such licensee receive or accept any such order which shall have been solicited and received at the residence or place of business of such consumer. This subsection shall not be construed as to prohibit the solicitation by a state licensed wholesaler of any order from any licensed retailer at the licensed premises.

(Ord. No. 1035, § 1(8-207), 3-17-2015)

1. (1) Inspection fee. Pursuant to T.C.A. § 57-3-501, there is levied on each licensee an inspection fee of eight percent on the wholesale price of any alcoholic beverages acquired by the licensee from any wholesaler or any other source. In the event the population of the county exceeds 60,000 according to any subsequent federal census, the inspection fee shall be reduced to five percent on the wholesale price of any alcoholic beverages acquired by the licensee from any wholesaler or any other source. In the event of any subsequent amendments of T.C.A. § 57-3-501, the inspection fee shall be the maximum allowed by T.C.A. § 57-3-501.
2. (2) Collection. Collection of such inspection fee shall be made by the wholesaler or other source vending to the licensee from the licensee at the time the sale is made to the licensee or at the time the retailer makes payment for the delivery of the alcoholic beverages. The licensee shall create and maintain all records specified in the state rules and regulations related to the purchase and sale of alcoholic beverages and preserve these records for a period of at least 15 months unless the city manager gives the licensee written permission to dispose of such records at an earlier time. In the event of co-licensees holding a single license, one set of records per liquor store satisfies the requirements of this subsection.
3. (3) Reports. The city manager shall prepare and make available to each wholesaler and other source vending alcoholic beverages to licensees sufficient forms for the monthly report of inspection fees payable by such licensee making purchase from such wholesaler or other source. Each wholesaler making sales to licensees located within the city shall furnish the city a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the city, the wholesale price of the alcoholic beverages sold to each licensee, the amount of tax due, and such other information as may be required by the city. The monthly report shall be furnished the city not later than the 20th of the month following which the sales were made. The inspection fees collected by the wholesaler from the licensee shall be paid to the city at the time the monthly report is made. Wholesalers collecting and remitting the inspection fee to the city shall be entitled to reimbursement for this collection service a sum equal to five percent of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the city. Failure to collect or timely report and/or pay the inspection fee collected shall result in a civil penalty of ten percent of the fee due the city, which shall be payable to the city. The city shall have the authority to audit the records of wholesalers reporting to it in order to determine the accuracy of such reports. The city shall have the authority to audit the records of the licensee in order to determine the accuracy of such reports related to the inspection fees. Nothing herein shall relieve the licensee of the obligation of payment of the inspection fee, and it shall be the licensee's duty to see that the payment of the inspection fee for the licensee's liquor store is made to the city on or before the 20th day of each calendar month for the preceding month.
4. (4) Failure to pay fees. The failure of the wholesaler to pay the inspection fees and to make the required reports accurately and within the time required by this chapter may result in the suspension or revocation of the licensee's liquor store privilege license if it is determined by the city that the conduct of the licensee has resulted in the failure of the wholesaler to pay the inspection fees and to make the required reports.
5. (5) Use of fees. All funds derived from inspection fees imposed herein shall be used to defray expenses in connection with the enforcement of this chapter, including particularly the payment and compensation of officers, employees, and other representatives of the city in investigating and inspecting licensees and applicants and in seeing that all provisions of this chapter are observed. The city council finds and declares that the amount of these inspection fees is reasonable and that the funds expected to be derived from these inspection fees will be reasonably required for such purposes.

(Ord. No. 1035, § 1(8-208), 3-17-2015)

1. (1) Required records. In addition to any records specified in the state rules and regulations, each licensee shall keep on file, at such licensee's liquor store, the following records:
   1. (a) The original invoices of all alcoholic beverages bought by the licensee;
   2. (b) The original receipts for any alcoholic beverages returned by such licensee to any wholesaler;
   3. (c) A current daily record of the gross sales by such licensee with evidence of cash register receipts for each day's sales;
   4. (d) An accurate record of all alcoholic beverages lost, damaged, or disposed of other than by sale and showing for each such transaction the date thereof, the quantity and brands of alcoholic beverages involved and the name of the person receiving the same.
2. (2) Duration. All such records shall be preserved for a period of at least 15 months unless the city manager gives the licensee written permission to dispose of such records at an earlier time. In the event of co-licensees holding a single license, one set of records per liquor store satisfies the requirements of this subsection.

(Ord. No. 1035, § 1(8-209), 3-17-2015)

The city manager, the city finance director, the chief of police or the authorized representatives or agents of any of them are authorized to examine the premises, books, papers and records of any liquor store at any time the liquor store is open for business for the purpose of determining whether the provisions of this chapter are being observed. Refusal to permit such examination shall be a violation of this chapter and shall constitute sufficient reason for revocation of the local liquor store privilege license of the offending licensee or for the refusal to renew the local liquor store privilege license of the offending licensee.

(Ord. No. 1035, § 1(8-210), 3-17-2015)

Any violation of the provisions of this chapter shall be punishable under ACC 1-13 and in the discretion of the city council, by any combination of a civil penalty of up to $500.00 per violation, or temporary suspension or permanent revocation of the local liquor store privilege license where appropriate. Enforcement provisions are also applicable as found under state law. In addition to the above, the city council may direct that the city manager notify the state alcoholic beverage commission of any violation of this chapter, together with a petition that the state liquor license be revoked, pursuant to T.C.A. § 57 -3-101 et seq., and the rules and regulations of the commission.

(Ord. No. 1035, § 1(8-211), 3-17-2015)

As a condition precedent to the issuance of a state liquor retailer's license by the state alcoholic beverage commission, the city council may authorize the issuance of certificates of compliance by the city according to the terms contained herein.

(Ord. No. 1035, § 1(8-212), 3-17-2015)

1. (1) Filing and content. An applicant or applicant group for a liquor store shall file with the city manager a completed written application on a form to be provided by the city manager which shall contain all of the following information and whatever additional information the city council or city manager may require:
   1. (a) The name and street address of each person to have an interest, direct or indirect, in the liquor store as an owner, partner, stockholder or otherwise. In the event that a corporation, partnership, limited liability company or other legally recognized entity is an applicant or member of an applicant group, each person with an interest therein must be disclosed and must provide the information on the application provided by the city;
   2. (b) The name of the liquor store proposed;
   3. (c) A statement that the applicant has secured a location for the liquor store business which complies with all of the restrictions and conditions within this chapter and that the liquor store business is not prohibited at this location because of some other provision of this Code or state law. As a part of this statement, the applicant shall provide the address of the proposed liquor store and its zoning designation;
   4. (d) The statement that an individual applicant either resides within and has resided within the state and the urban growth boundaries of the city for at least two years immediately prior to the time the application is filed or is a resident of the county and has been so for at least two years immediately prior to the time the application is filed and who owns at least a 50 percent interest in developable land in the city. The statement, if the applicant is an applicant group, whether a partnership, corporation, or limited liability company, that at least 51 percent of the ownership shares or interests in such partnership, corporation, or limited liability company are owned by a natural person who either resides and has resided within the state and the urban growth boundaries of the city for at least two years prior to the time the application is filed, or that at least 51 percent of the ownership shares or interests in such partnership, corporation, or limited liability company are owned by a natural person who resides within the county and has been so for at least two years immediately prior to the time the application is filed and who owns at least a 50 percent interest in developable land in the city;
   5. (e) A statement that the persons receiving the requested license, to the best of their knowledge, if awarded the certificate of compliance, could comply with all the requirements for obtaining the required licenses under state law and the provisions of this chapter for the operation of a liquor store in the city; and
   6. (f) The agreement of each applicant or each member of an applicant group, as appropriate, to comply with all applicable laws and ordinances and with the rules and regulations of the state alcoholic beverage commission with reference to the sale of alcoholic beverages and the agreement of each applicant or each member of an applicant group as to the validity and the reasonableness of these regulations, inspection fees, and taxes provided in this title with reference to the sale of alcoholic beverages.
2. (2) Further documentation. The application form shall be accompanied by a copy of each questionnaire form and other material to be filled out by the applicant or each member of the applicant group with the state alcoholic beverage commission in connection with an application for a state liquor retailer's license and, with respect to the store location and building thereon, shall be accompanied by five copies of a scale plan, drawn to a scale of not less than one inch equals 20 feet, giving the following information:
   1. (a) The shape, size and location of the lot upon which the liquor store is to be operated under the license;
   2. (b) The shape, size, height and location of all buildings, whether they are to be erected, altered, moved or are existing upon the lot;
   3. (c) The off-street parking space and off-street loading and unloading space to be provided, including the vehicular access to be provided from these areas to a public street; and
   4. (d) The identification of every parcel of land within 500 feet of the lot upon which the liquor store is to be operated indicating the ownership thereof and the location of any structures thereon and the use being made of every such parcel.
3. (3) Signatures. The application form shall be signed and verified by each person to have any interest in the liquor store either as an owner, partner, LLC member, stockholder or otherwise.
4. (4) Misrepresentation, concealment of fact and duty to amend. If any applicant, member of an applicant group, or licensee misrepresents or conceals any material fact in any application form or as to any other information required to be disclosed by this chapter, such applicant, member of an applicant group, or licensee shall be deemed to have violated the provisions of this chapter and his or her application may be disregarded or his or her license restricted or revoked as deemed appropriate by the city council. Further, no sale, transfer or gift of any interest of any nature, either financial or otherwise, in a liquor store shall be made without first obtaining a replacement license from the city upon the approval of the city council.
5. (5) Fee. Each application shall be accompanied by a nonrefundable $500.00 investigation fee. One application fee per applicant group is sufficient.

(Ord. No. 1035, § 1(8-213), 3-17-2015)

Pursuant to T.C.A. § 57-3-208, an applicant for a state liquor retailer's license, as a condition precedent to the issuance of such license, shall submit with the application to the state alcoholic beverage commission a certificate of compliance containing the information as stated in T.C.A. § 57-3-208. In issuing any certificate of compliance, the city council and city manager will follow and comply with the guidelines and requirements as stated in T.C.A. § 57-3-208. The city council will not consider any application until publication, at the applicant's expense, in a newspaper of general circulation in the county of the notice required by Tenn. Comp. Rules and Regs. 0100-03-.09(10)--(11) has occurred.

(Ord. No. 1035, § 1(8-214), 3-17-2015)

1. (1) Certificates of compliance. The city council shall not issue a certificate of compliance unless the applicant has complied with all the requirements of state liquor statutes, the rules and regulations of the alcoholic beverage commission (Tenn. Comp. Rules and Regs. 0100-03), and this chapter.
2. (2) No violations of chapter. No certificate of compliance shall be issued unless a license issued on the basis thereof can be exercised without violating any provisions of this chapter.
3. (3) Prerequisites of issuance. The city manager, upon approval of city council, shall not sign any certificate of compliance for any applicant or applicant group until:
   1. (a) An application has been filed with the city manager which complies with this chapter and a showing has been made that the applicant has met all the conditions for a certificate of compliance as stated in T.C.A. § 57-3-208;
   2. (b) The notice required by Tenn. Comp. Rules and Regs. 0100-03-.09(10)--(11) has been published and the public hearing noticed therein has been conducted;
   3. (c) The location stated in the certificate has been approved by the city council as a suitable location for the operation of a liquor store; and
   4. (d) The application has been considered at a public meeting of the city council and approved by a vote of at least three members thereof.
4. (4) Time periods for action. Any applicant or applicant group who has obtained a certificate of compliance as provided herein must open a liquor store in the city within six months or, unless an extension is granted by city council, the certificate will be revoked by the passage of this amount of time, and a certification thereof will be sent to the state alcoholic beverage commission, and the application for a local liquor store privilege license shall be considered canceled and revoked.
5. (5) Granting or denial. The city council shall decide, within 45 days of request, whether to grant the certificate of compliance.

(Ord. No. 1035, § 1(8-215), 3-17-2015)

In issuing certificates of compliance to enable the licensing of liquor stores in the city as presently permitted by this chapter, the city council will consider all applications filed before a closing date to be fixed by city council and select from such applications the applicants deemed by city council in its sole discretion to have the qualifications required by law and this chapter and the most suitable circumstances for the lawful operation of a liquor store within the city without regard to the order of time in which the applications are filed. Applications can only be submitted to the city during the timeframe the city council has set for receipt of such applications. Applications and all matters submitted with or as a part of such applications at the time they are submitted are the sole and exclusive property of the city.

(Ord. No. 1035, § 1(8-216), 3-17-2015)

After an applicant or applicant group receives a license from the state alcoholic beverage commission to operate a retail liquor store pursuant to T.C.A. § 57-3-101 et seq., in the city, the applicant or applicant group shall apply to the city manager for a local liquor store privilege license to operate a retail liquor store pursuant to the terms, conditions, and restrictions in ACC 8-52 and ACC 8-53.

(Ord. No. 1035, § 1(8-217), 3-17-2015)

1. (1) Number of licenses. The number of local liquor store privilege licenses issued within the city shall be limited to three (3).
2. (2) Term renewal. Each license shall expire on December 31 of each year. A license shall be subject to renewal each year by compliance with all applicable federal and state law, rules and regulations and the provisions of this chapter.
3. (3) Display. A licensee shall display and post and keep displayed and posted licensee's license in a conspicuous place in the licensee's liquor store at all times.
4. (4) Transfer. A licensee or co-licensee shall not sell, assign or transfer his or her license or any ownership interest therein. No license shall be transferred from one location to another location without the express permission of the city council.
5. (5) Fees. A license fee of $500.00 is due at the time of application for a local liquor store privilege license and annually prior to January 1 each year thereafter. The initial license shall remain in effect for the remainder of the calendar year when it is first issued so that the first year may not be a full year period. The license fee shall be paid to the city manager before any license shall be issued.

(Ord. No. 1035, § 1(8-218), 3-17-2015; Ord. No. 1124, § 1, 11-21-2023)

1. (1) Initial qualification. To be eligible to apply for or to receive a local liquor store privilege license, an applicant, or, in the case of an applicant group, each member of the applicant group, must satisfy all of the requirements and conditions, which must be shown and stated in the application submitted to the city council, to request a certificate of compliance with the requirements and conditions in ACC 8-47 incorporated herein by reference and form a part of the qualifications which must be met by an applicant before receiving a local liquor store privilege license. In addition, before an applicant is eligible to receive a local liquor store privilege license, the applicant, or, in the case of an applicant group, each member of the applicant group, must satisfy all of the other requirements of this chapter, the requirements of the state alcoholic beverage commission, and all applicable state law, rules and regulations for the holder of a liquor retailer's license.
2. (2) Public officers and employees. No license shall be issued to a person who is a holder of a public office, either appointed or elected, or who is a public employee, either national, state, county or city. It is unlawful for any such person to have any interest in such liquor store, either directly or indirectly, either proprietary or by means of a loan or participation in the profits of any such business. This prohibition shall not apply, however, to uncompensated, appointed members of boards or commissions who have no duties covering the regulation of alcoholic beverages or beer.
3. (3) Felons. No licensee shall be a person who has been convicted of a felony within ten years prior to the time he or she or the legal entity with which he or she is connected shall receive a license, provided that this provision shall not apply to any person who has been so convicted but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction. In case of such conviction occurring after a license has been issued and received, the license shall immediately be revoked if such convicted felon is an individual licensee and, if not, the partnership, corporation, limited liability company or association with which he or she is connected shall immediately discharge him or her and he or she shall have no further interest therein or else such license shall be immediately revoked.
4. (4) Employee felons. No licensee shall employ in the storage, sale, or distribution of alcoholic beverages any person who, within ten years prior to the date of his or her employment, shall have been convicted of a felony. In the case that an employee is convicted of a felony while he or she is employed by a licensee at a liquor store, he or she shall be immediately discharged after his or her conviction, provided that this provision shall not apply to any person who has been so convicted but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction.
5. (5) Liquor offenses. No license shall be issued to any person who, within ten years preceding application for such license or permit, shall have been convicted of any offense under the laws of the state or any state or the United States regulating the sale, possession, transportation, storing, manufacturing, or otherwise handling of alcoholic beverages or beer.
6. (6) Disclosure of interest. It is unlawful for any person to have ownership in or participate in, either directly or indirectly, the profits of any liquor store unless his or her interest in such business and the nature, extent and character thereof shall appear on the application or if the interest is acquired after the issuance of a license unless it is fully disclosed to the city manager and approved by him or her in a timely manner.
7. (7) Age. No licensee shall be a person under the age of 21 years, and it is unlawful for any licensee to employ any person under the age of 18 years for the physical storage, sale or distribution of alcoholic beverages or to permit any such person under such age in his or her place of business to engage in the storage, sale or distribution of alcoholic beverages.
8. (8) Interest in only one liquor store. A person shall have an interest, either direct or indirect, in no more than one liquor store licensed under this chapter in the city.

(Ord. No. 1035, § 1(8-219), 3-17-2015)

The issuance of a license does not vest a property right in the licensee but is a privilege subject to revocation or suspension. Any license shall be subject to suspension or revocation by the city council for any violation of this Code by the licensee or by any person for whose acts the licensee is responsible. The licensee shall be given reasonable notice and an opportunity to be heard before the city council suspends or revokes a license for any violation unless provided otherwise specifically herein. If the licensee is convicted of a violation of this chapter by a final judgment in any court and the operation of the judgment is not suspended by an appeal, upon written notice to the licensee, the city manager may immediately suspend the license for a period not to exceed 60 days, and the city council may revoke or suspend the license on the basis of such conviction thereafter. A license shall be subject to revocation or suspension without a hearing whenever such action is expressly authorized by other provisions of this chapter stating the effect of specific violations.

(Ord. No. 1035, § 1(8-220), 3-17-2015)

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)

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:

Applicant means a person applying for a certificate of compliance.

Application means the form or other information an applicant is required to file with the city in order to attempt to obtain a certificate of compliance.

At retail means a sale to any person for any purpose other than for resale.

Certificate or certificate of compliance means the certificate required pursuant to T.C.A. § 57-3-806, as the same may be amended, supplemented or replaced, and subject to the provisions set forth in this chapter for issuance of such a certificate.

License means a license issued by the alcoholic beverage commission of the state pursuant to T.C.A. § 57-3-803, as the same may be amended, supplemented or replaced.

Licensee means any person holding a license, as that term is defined in this section.

Retail food store means an establishment that is open to the public and that derives at least 20 percent of its taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in T.C.A. § 67-6-228(a) and that has retail floor space of at least 1,200 square feet.

Wine means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, as further defined by T.C.A. § 57-3-802(2).

(Ord. No. 1048, § 1(8-401), 4-19-2016)

It is permissible for a licensee to sell wine at retail in a retail food store, provided that such sales are made in strict compliance with all applicable federal and state laws, rules, and regulations, and with the provisions of this chapter, and provided that such licensee has a valid and duly issued state license.

(Ord. No. 1048, § 1(8-402), 4-19-2016)

As a condition precedent to the issuance of a state license for the sale of wine in a retail food store, an applicant for a license shall first obtain a certificate of compliance from the city, pursuant to T.C.A. § 57-3-806. A certificate of compliance issued under this chapter shall be valid only for the premises proposed in the application, and any change of location of the business shall be cause for immediate nullification of the certificate. No certificate of compliance shall be issued for the sale of wine in a retail food store where such store would be a prohibited use under the city's zoning ordinance.

(Ord. No. 1048, § 1(8-403), 4-19-2016)

The application for a certificate of compliance shall be submitted in writing on the form furnished by the city manager and shall contain the following information and whatever additional information the city may require:

1. (1) The name and street address of each person who will be in charge of or in control of the business, and a statement that the applicant who is to be in actual charge of the business has not been convicted of a felony within a ten-year period immediately preceding the date of the application with the state alcoholic beverage commission and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application;
2. (2) The name and address of the proposed retail food store applying for a license and a statement that the applicant has secured a location for the business, which complies with all zoning laws of the city;
3. (3) That the applicant has complied with this chapter and the applicable state laws on retail food store wine sales.

(Ord. No. 1048, § 1(8-404), 4-19-2016)

Upon verification that the applicant meets the requirements of T.C.A. § 57-3-806(b), the city mayor may issue the certificate without action by the city council. Alternatively, the city council may issue the certificate upon signature by a majority of its members. A failure on the part of the issuing authority to grant or deny the applicant's request for the certificate of compliance within 60 days of the written application shall be deemed a granting of the certificate. If an applicant is denied a certificate of compliance, the applicant may seek review of such denial by instituting an action in chancery court within 60 days of the denial.

(Ord. No. 1048, § 1(8-405), 4-19-2016)

1. (1) Each application for a certificate of compliance under this chapter shall identify each person who is to be in actual charge of the business and, if a partnership, limited liability company or corporation, each executive officer or manager of the partnership, limited liability company or corporation and each individual in control of the business. For the purposes of this section, an individual who owns or has a 50 percent ownership interest or greater in the partnership, limited liability company, or corporation shall be considered or deemed to be in control of the business.
2. (2) Misrepresentation of a material fact, or concealment of a material fact required to be shown in the application for a certificate, shall be a violation of this chapter. The city may refuse to issue a certificate if, upon investigation, the city finds that the applicant for a certificate has concealed or misrepresented any material fact or circumstance concerning the operation of the business, or if the interest of any person in the operation of the business is not truly stated in the application, or in case of any fraud or false statements by the applicant pertaining to any matter relating to the operation of the business. All information, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application.

(Ord. No. 1048, § 1(8-406), 4-19-2016)

A certificate for the sale of wine in a retail food store shall expire and become void if the applicant to whom the certificate was granted fails to apply for a license from the alcoholic beverage commission within six months of the date of the certificate or if the retail food store for which a certificate was granted is not in operation within 12 months following the issuance of the certificate; provided, however, a majority of the city council may, upon written request of the applicant, extend the expiration date of a certificate for up to three additional months in the event of circumstances beyond the applicant's control. If a certificate becomes void, no new certificate may be issued to the same applicant unless a new application is submitted and all applicable requirements of this chapter are met at the time the new application is received.

(Ord. No. 1048, § 1(8-407), 4-19-2016)

Each licensee shall be responsible for all acts of such licensee as well as the acts of a co-licensee, and acts of the licensee's officers, employees, agents and representatives, so that any violation of this chapter by any co-licensee, officer, employee, agent or representative of a licensee shall constitute a violation of this chapter by such licensee.

(Ord. No. 1048, § 1(8-408), 4-19-2016)

The restrictions, prohibitions, and conditions necessary to obtain and maintain a retail food store wine license and the hours of sale contained in T.C.A. title 57, ch. 3, pt. 8, including, but not limited to, parts 806 through 811, are adopted as a part of this chapter and incorporated herein by reference. Any violation of the provisions of this chapter shall be punishable under ACC 1-13, and, in the discretion of the city council, by any combination of a civil penalty up to $500.00 per violation or temporary suspension or permanent revocation of the certificate of compliance. A violation may either be prosecuted in the city court or brought before the city council for a hearing. Enforcement provisions are also applicable as found under state law. In addition to the above, the city council may direct that the city manager notify the state alcohol and beverage commission of any violation of this chapter or state law, together with a petition that the state alcoholic beverage commission revoke the retail food store wine license of the licensee.

(Ord. No. 1048, § 1(8-409), 4-19-2016)

No provision of this chapter shall be considered or construed as in any way modifying, changing or restricting the rules and regulations governing the sale, storage, transportation, etc., or tax upon beer or other liquids with an alcoholic content of five percent or less that are regulated under ACC chapter 8-III.

(Ord. No. 1048, § 1(8-410), 4-19-2016)