TITLE 8 ALCOHOLIC BEVERAGES 1

Transcription

1 8-1 TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1. INTOXICATING LIQUORS. 2. BEER. 3. LIQUOR STORES. 4. PROOF OF AGE. 5. CERTAIN SPECIAL EVENTS ALLOWING FOR CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES AND/OR BEER ON PUBLIC PROPERTY. 6. SALE OF WINE IN RETAIL FOOD STORES. CHAPTER 1 INTOXICATING LIQUORS SECTION Definition of "alcoholic beverages." Consumption of alcoholic beverages on premises Privilege tax on retail sale of alcoholic beverages for consumption on the premises Annual privilege tax to be paid to the city clerk Public consumption of intoxicating liquors or alcoholic beverages prohibited Manufacture of intoxicating liquors, intoxicating drinks, and high alcohol content beer Municipal inspection fee imposed Definition of "alcoholic beverages." As used in this chapter, unless the context dictates otherwise: "Alcoholic beverages" means and includes 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, as the same is defined in City Code (Ord. #97-07, Feb. 1997, as replaced by Ord. # , March 2017) Consumption of alcoholic beverages on premises. Tennessee Code Annotated, title 57, chapter 4, inclusive, is hereby adopted so as to be applicable to all sales of alcoholic beverages for on-premises consumption which are regulated by the said code when such sales are conducted within the corporate limits of Maryville, Tennessee. It is the intent 1 State law reference Tennessee Code Annotated, title 57.

2 of the city council that the said Tennessee Code Annotated, title 57, chapter 4, inclusive, shall be effective in Maryville, Tennessee, the same as if said code sections were copied herein verbatim. (Ord. #97-07, Feb. 1997) Privilege tax on retail sale of alcoholic beverages for consumption on the premises. Pursuant to the authority contained in Tennessee Code Annotated, , there is hereby levied a privilege tax (in the same amounts levied by T.C.A., title 57, chapter 4, section 301, for the City of Maryville General Fund to be paid annually as provided in this chapter) upon any person, firm, corporation, joint stock company, syndicate, or association engaging in the business of selling at retail in the City of Maryville alcoholic beverages for consumption on the premises where sold. (Ord. #97-07, Feb. 1997) Annual privilege tax to be paid to the city clerk. Any person, firm, corporation, joint stock company, syndicate or association exercising the privilege of selling alcoholic beverages for consumption on the premises in the City of Maryville shall remit annually to the city clerk the appropriate tax described in Such payment shall be remitted not less than thirty (30) days following the end of each twelve (12) month period from the original date of the license. Upon the transfer of ownership of such business or the discontinuance of such business, said tax shall be filed within thirty (30) days following such event. Any person, firm, corporation, joint stock company, syndicate, or association failing to make payment of the appropriate tax when due shall be subject to the penalty provided by law. (Ord. #97-07, Feb. 1997) Public consumption of intoxicating liquors or alcoholic beverages prohibited. None of the beverages regulated by this chapter shall be consumed upon any public street, alley, boulevard, bridge, nor upon the grounds of any cemetery or public school nor upon any park or public grounds nor upon any vacant lot within two hundred (200) feet of any public street, highway, avenue, or other public place. Despite the provisions of this section, possession and consumption of alcoholic beverages and beer as otherwise defined in this title is permitted during certain city sponsored or co-sponsored special events within the physical parameters of the special event zone during the time of the special event if otherwise provided by resolution of the city council. (as added by Ord. # , March 2008, and amended by Ord. # , Ord. # , March 2013, and Ord. # , April 2015) Manufacture of intoxicating liquors, intoxicating drinks, and high alcohol content beer. Intoxicating liquors, intoxicating drinks and high alcohol content beer as defined by state law may be manufactured within the corporate limits upon: (1) Payment of a privilege tax to the city as required by law; 8-2

3 (2) The issuance by the city of a license authorizing the manufacturing facility to operate; and (3) Proper licensure from the alcoholic beverage commission. Such local license shall be considered and granted, if appropriate, by city council and issued by the city recorder if all requirements under state law for the applicant to manufacture intoxicating liquors, intoxicating drinks and/or high alcohol content beer are met. The applicant shall provide all information for such license applications required by the city recorder. (as added by Ord. # , June 2014) Municipal inspection fee imposed. (1) An inspection fee for the city to inspect the retail store of a manufacturer of high alcohol content beer within the city limits is hereby imposed at a rate of fifteen percent (15%). A manufacturer of high alcohol content beer shall obtain a retail license to sell its products manufactured on the manufacturer's premises. Such inspection fee shall be imposed at the wholesale price of the high alcohol content beer supplied by the wholesaler for those products manufactured and sold by the manufacture at its retail store. (2) Further, an inspection fee is hereby levied on a manufacturer of alcoholic beverages other than high alcohol content beer to the extent that such manufacturer is licensed retailer of alcoholic beverages other than high alcohol content beer within the municipality. The inspection fee is hereby set at eight percent (8%) of the wholesale price of the alcoholic beverages other than high alcohol content beer supplied by the wholesaler as provided by state law. (as added by Ord. # , June 2014) 8-3

4 8-4 CHAPTER 2 BEER 1 SECTION Beer board Authorization of beer businesses Locations of beer businesses Hours and days of sale, etc., regulated Permits for the manufacture of beer Public consumption of beer prohibited Beer permits Permits for retail sales; types designated Restrictions upon issuance of on-premise beer permits Restrictions on financial interests of beer permit holders Restrictions upon issuance of off-premises beer permits Selling or otherwise dispensing beer to persons in motor vehicles Restrictions pertaining to minors [Deleted.] Selling or otherwise dispensing beer to persons without valid permits or to persons engaging in unlawful practices prohibited Revocation of beer permits Inspection of beer businesses Violations and fines Special events permits No permit required for certain private events Caterer permits Special event permits Beer board. There is hereby created a board to be known as the Maryville Beer Board which shall be composed of the members of the city council of the City of Maryville whose duty it shall be to regulate, supervise and control the issuance, suspension and revocation of permits to sell, store, distribute, dispense, serve and/or manufacture beer as defined hereunder in the City of Maryville. The mayor shall be the chairman and the city recorder shall be the secretary of said board. A majority of the board shall constitute a quorum for any purpose. The secretary of the board shall keep a record of all the proceedings of the board, in the form of a minute book, and shall keep on file in his office all original applications and a duplicate of each permit issued. The board shall be 1 State law reference For a leading case on a municipality's authority to regulate beer, see the Tennessee Supreme Court decision in Watkins v. Naifeh, 635 S.W.2d 104 (1982).

5 empowered to employ a court reporter or person of equivalent ability whenever necessary in any proceeding before it. The power, right, and authority are hereby conferred upon said board to arrange for and prescribe the details and form of the necessary applications, permits, and other matters incident to carrying out the provisions of this chapter. The board shall meet upon call of the chairman of the board to transact such business as may properly come before it. The board shall perform such other duties and have such other power and authority provided by statute and this chapter. In this title, chapter and code, "beer" means beer, ale or malt beverages, or any other beverages having an alcohol content of not more than eight percent (8%) by weight, except wine as defined in Tennessee Code Annotated, ; provided, however, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other non-beverage ingredients containing alcohol. (1985 Code, 2-201; as replaced by Ord. # , Jan. 2006, and amended by Ord. # , March 2017) Authorization of beer businesses. Pursuant to Tennessee Code Annotated, et seq. it shall be unlawful in the City of Maryville to transport, sell, distribute, possess, receive, or manufacture beer as defined in this chapter except as provided in this chapter and subject to the privilege taxes provided in this code. Provided, however, it shall be unlawful for any person, firm, co-partnership, corporation, joint stock company, syndicate, association, or other group operating as a unit to sell, store, dispense, serve, distribute, and/or manufacture any of the said beverages regulated by this chapter within the City of Maryville without having first obtained a duly issued permit and license to do so in the manner prescribed in this chapter. (1985 Code, 2-202; as replaced by Ord. # , Jan. 2006, and amended by Ord. # , March 2017) Location of beer businesses. Beer businesses shall be located where the applicable zoning is appropriate for the proposed use. No beer permit shall be granted to a tavern or craft beer retailer as defined elsewhere in this chapter located within one hundred fifty feet (150') of any school (public, private or church) as measured on a straight line from the nearest property line of said school or church to nearest point of the building or structure where the beer is stored, sold or manufactured except that this provision shall not be applicable to permits located within the central business district, the central transition zone, the Washington Street commercial corridor, and the high intensity commercial zoning district of the City of Maryville. (1985 Code, 2-203, modified; as replaced by Ord. # , Jan. 2006, Ord. # , March 2008, and Ord. # , June 2014) 8-5

6 Hours and days of sale, etc., regulated. It shall be unlawful for any person, firm, corporation, joint stock company, syndicate, or association to offer for sale or sell beer as defined in this chapter within the corporate limits of Maryville, Tennessee, between the hours of 3:00 A.M. and 6:00 A.M. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday 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 as defined in this chapter is sold within the corporate limits of Maryville, Tennessee, in either bottle, glass or other container after 3:15 A.M. (Ord. #97-07, Feb. 1997, as amended by Ord. # , Oct. 2002, replaced by Ord. # , Jan. 2006, and amended by Ord. # , March 2017) Permits for the manufacture of beer. Permits for the manufacture of beer shall be issued in accordance with the general requirements of this chapter. A manufacturer of beer can further apply for permits for retail sale for on-premise and/or off premise consumption. "Manufacture" shall mean producing beer at a rate of at least two hundred (200) barrels each calendar year on the licensed premises. "Barrel" shall mean thirty-one (31) gallons. Documentation by the manufacturer of the number of barrels each calendar year may be required. (1985 Code, 2-206, as deleted by Ord. # , Oct. 2002, and replaced by Ord. # , Sept. 2012) Public consumption of beer prohibited. None of the beverages regulated by this chapter shall be consumed on any public street, alley, boulevard, bridge, nor upon the grounds of any cemetery or public school, nor upon any park or public grounds nor upon any vacant lot within two hundred (200) feet of any public street, highway, avenue, or other public place. Despite the provisions of this section, possession and consumption of beer is permitted during certain city sponsored or co-sponsored special events within the physical parameters of the special event zone during the time of the special event if otherwise provided by resolution of the city council.(1985 Code, 2-207, as amended by Ord. # , Jan. 2000, and Ord. # , April 2001, replaced by Ord. # , Jan. 2006, and Ord. # , March 2008, and amended by Ord. # , March 2013) Beer permits. (1) No permit shall be issued except on application in writing of the owner or owners of the business made to the Maryville Beer Board which application shall be sworn to by the applicant. All applications shall be made on a form provided for that purpose and shall be filed with the secretary of the beer board. In no event shall a permit be issued without the written approval of the application by a majority of the beer board. The business must operate in the same name as identified on the permit application. Prior to the consideration of an application the City of Maryville shall collect an applicant fee of two hundred fifty dollars ($250.00) in accordance with 8-6

7 Tennessee Code Annotated, For special event permits, the city may in the discretion of the city manager provide an incentive payment of up to two hundred fifty dollars ($250.00) per approved application to the applicant with such payment being made upon the conclusion of the special event if the permit holder participates in the special event and complies with all of the requirements of this title. (2) Except for special event permits, permits shall be issued for an indefinite period of time except that the Maryville Beer Board may issue a permit for a shorter or probationary period if in its discretion it deems such action proper and reasonable under the circumstances. (3) Except for special events permits, there is hereby imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of one hundred dollars ($100.00). Any person, firm, corporation, joint stock company, syndicate, or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax on January 1, 1994, and on each successive January 1, to the City of Maryville, Tennessee. 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, all as provided in Tennessee Code Annotated, (4) Except for catering permits, no permit now in force or hereinafter issued shall be good or valid except at the location described in the application upon which it is based nor shall any such permit be transferrable. If any permit holder is a corporation or limited liability company, a change in ownership requiring the issuance of a new permit shall occur when control of fifty percent (50%) or more of the stock of the corporation or limited liability company is transferred to a new owner. (5) The applicant or a representative may be required to appear in person before the board and subject himself to examination upon any and all questions appertaining to his qualifications under this chapter and amendments thereto. (6) No permit may be granted hereunder to any establishment when any person, firm or corporation having at lest a five percent (5%) ownership in the establishment has been convicted within ten (10) years prior to the application for a permit hereunder of a violation of the laws governing the possession, sale or manufacture of alcoholic beverages or of any felony or crime involving moral turpitude or has had a beer permit revoked or suspended within the past ten (10) years. No person employed by any beer business shall be a person who has been convicted of any violation of the laws against possession, sale, manufacture and transportation of alcoholic beverages or any felony or crime involving moral turpitude within the last ten (10 ) years. (7) Except for caterer's permits and special event permits, every permit issued pursuant to this chapter shall be displayed in a conspicuous place in the place of business owned and described in the permit. 8-7

8 For caterers, the permit shall be prominently displayed at a location of the catered event. For special events permits, the permit shall be displayed in a conspicuous way at the location where the beer is sold. Except for caterer's licenses, a permit shall be valid only for a single location and cannot be transferred to another location except where an owner operates two (2) or more restaurants or businesses within the same building then the owner may in the owner's discretion operate some or all of such businesses pursuant to this same permit. A permit shall be valid for all decks, patios and other outdoor serving areas which are contiguous to the exterior of the building in which the business is located and are operated by the business. (8) No permit or license shall be issued pursuant to this chapter unless the applicant establishes to the satisfaction of the board that he has obtained all permits and paid all required fees and privilege taxes and has met all of the requirements of the laws of the State of Tennessee and the United States. (9) The holder of a permit issued pursuant to this chapter desiring to voluntarily surrender the permit shall tender said permit to the beer board. The beer board shall take such action upon the offer to surrender as it may determine necessary and advisable under the circumstances, and it shall have the absolute authority to refuse to accept the surrender of any permit. (10) Upon notice by the Maryville Chief of Police or his agent that the City has reasonable cause to conclude that a permit holder is ineligible to hold a permit and/or falsified information in order to obtain a permit, the permit will be immediately temporarily suspended. The permit holder may request a hearing before the board within seven (7) working days of the suspension. (11) If any false or misleading information is found in any material submitted to the board by or on behalf of an applicant for a beer permit, the application shall be cancelled and the applicant and any person who submitted false or misleading information shall not be permitted to apply for a beer permit for a period of ten (10) years from the date of the cancellation of the application. (12) If any false or misleading information is found in any material submitted to the beer board by or on behalf of a holder of a beer permit, the permit shall be revoked immediately by the beer board and the permit holder and any person who submitted false or misleading information shall not be permitted to apply for a beer permit for a period of ten (10) years from the date of the revocation of the permit. (13) A permit holder must return to the beer board all permits issued to the permit holder by the beer board within fifteen (15) days of termination of the business, change in ownership, relocation of the business or change of the business's name; provided, that notwithstanding the failure to return a beer permit, the permit shall expire on the termination of the business, change in ownership, relocation of the business or change in the business's name. (14) Except for special events permits or caterer's permits, generally there shall be one (1) permit holder per location with a beer permit. During a period of time where a beer business is in the process of being sold or 8-8

9 transferred, there may be two (2) permits issued for the same location for a period of up to sixty (60) days of overlap. If there is a violation of this chapter during that overlapping period of time, the permit holder who had actual control over the person or persons violating the chapter will be held responsible. In the event that it cannot be reasonably determined which permit holder is in control of such person or persons, then both permit holders shall be responsible for the violation. If more than sixty (60) days passes from the date of issuance of the second permit for the same location for a beer business and two (2) permits remain in place for the same address, the newer permit shall become null and void with no refund or compensation due to its holder. (1985 Code, 2-208, modified, as amended by Ord. # , Oct. 2002, replaced by Ord. # , Jan. 2006, and amended by Ord. # , Sept. 2012, Ord. # , Sept. 2014, and Ord. # , April 2015) Permits for retail sales; types designated. Permits for the retail sale or giving away of beer shall be (1) caterer's permits, (2) special events permits, or (3) permits of the following two (2) types: (1) On-premise permits. On-premises permits shall be issued for the consumption of beer on premises in accordance with the provisions of this chapter. (2) Off-premise permits. Off-premise permits shall be issued for the sale of beer for consumption off the business premises in accordance with the provisions of this chapter. A business can sell beer both for on-premise and off-premises consumption at the same location pursuant to one (1) permit if otherwise permitted by law and this section. (1985 Code, 2-209; as replaced by Ord. # , Jan. 2006, and Ord. # , April 2015, and amended by Ord. # , Nov. 2015) Restrictions upon the issuance of on-premise beer permits. Permits for the on-premise sale or giving away of beer shall be issued according to the following classes and limitations except that this provision shall not be applicable to the renewal of any permit existing and outstanding as of September 18, 1980 (date this section was replaced): (1) On-premise where beer is sold for consumption at a restaurant. Restaurant shall mean a business establishment whose primary business is the sale of prepared food to be consumed on the premises. A restaurant as so defined shall be a public place where meals are actually and regularly served, and such place being provided with adequate and sanitary kitchen and dining room equipment, serving at least two (2) meals per day, five (5) days a week, and the serving of such meals shall be the principal business conducted. There shall be no limitation on the number of beer permits issued to restaurants. (2) On-premise where beer is sold for consumption at a tavern. Tavern shall mean a business establishment whose primary business is or is to be the sale of beer to be consumed on the premises. There shall not be more than a 8-9

10 8-10 total of twelve (12) taverns located within the corporate limits of the City of Maryville. (3) On-premise where beer is sold in the rooms of regularly conducted hotels and motels as the same are defined under Tennessee state law regulating beer permits. Beer sold under such permit shall be dispensed to adult guests only through locked, in-room units. No person under the age of twenty-one (21) shall be issued or supplied with a key by any hotel or motel for such units. (4) On-premise where beer is sold by a manufacturer of beer. A manufacturer shall mean a business establishment whose business is the manufacture of beer to be consumed on-premise or off-premise. (5) On-premise where beer is sold by a craft beer retailer. A "craft beer retailer" is a business whose primary business is the retail sale of craft beer. Craft beer means beer as otherwise defined in this chapter that is further manufactured by breweries with an annual production of six million (6,000,000) barrels or less. (6) On-premise where craft beer is sold by a grocery store. Craft beer may be sold or given away for on-premise consumption at a grocery store but only as set forth herein. Craft beer means beer as defined in this chapter that is further manufactured by breweries with an annual production of six million (6,000,000) barrels or less. A grocery store shall mean a business establishment whose primary business is the retail sale of food merchandise and household items. Grocery stores can sell or give away four ounce (4 oz.) samples of craft beer for tasting by customers to allow the customer to decide what type of craft beer the customer might want to purchase. No more than four (4) of such four ounce (4 oz.) samples of craft beer may be given to a customer per visit, with one (1) visit per day allowed per customer for sampling purposes. Taps for such craft beer must be manned when the taps are in operation for sales by a grocery store employee. The beer tap must not be accessible to or used by a customer directly at any time. (1985 Code, 2-210, as replaced by Ord. # , Jan. 2006, and amended by Ord. # , Aug. 2008, Ord. # , September 2012, Ord. # , June 2014, Ord. # , Nov. 2015, and Ord. # , March 2017) Restrictions on financial interests of beer permit holders. No brewer, wholesaler, or manufacturer of any of the beverages regulated by this chapter, nor any agent or agents of such brewer, wholesaler, or manufacturer shall be permitted to make any loan of money or furnish any fixtures of any kind or have any interest either directly or indirectly in the business of any retailer of such beverages, or in the premises occupied by any such retailer. No person holding and/or exercising an unexpired permit or license issued pursuant to this chapter shall while so doing convey or grant or contract to convey or grant any interest in the business located at the place named in said permit, or any interest in the premises or any property therein, to any brewer, wholesaler, or manufacturer of the beverages regulated by this chapter. No person holding and/or exercising an unexpired permit or license

11 8-11 issued pursuant to this chapter shall incur or contract any indebtedness or financial obligation to any brewer, wholesaler, or manufacturer of the beverages regulated by this chapter, except for the purchase of said beverages. No permit or license shall be granted under this chapter to any applicant who, at the time of making application, is indebted or financially obligated to any such brewer, wholesaler, or manufacturer, except for the purchase of said beverages in the case of applicants seeking renewal of permits. (1985 Code, 2-211, as replaced by Ord. # , Jan. 2006) Restrictions upon issuance of off-premises beer permits. Permits for the off-premise sale of beer shall be issued according to the following classes and limitations, except that this provision shall not be applicable to the renewal of any permit existing and outstanding as of October 6, 1987 (the date this section was replaced). (1) Off-premise where beer is sold at a grocery store. Grocery store shall mean a business establishment whose primary business is the retail sale of food merchandise and household items. There shall be no limitation on the number of beer permits issued to grocery stores. Such a permit may include permitting beer sold in growlers or containers purchased expressly by customers to be filled for purchase of beer on tap to be taken from the grocery store for consumption off-premise. (2) Off-premise where beer is sold at a convenience store or market. Convenience store or market shall mean a business establishment whose business is the retail sale of gasoline and petroleum products and food merchandise, household supplies and sundries. Beer shall not be sold for consumption on the premises of convenient stores or markets. There shall be no limitation on the number of beer permits issued to convenient stores or markets. (3) Off-premise where beer is sold at a package store. Package store shall mean a business establishment whose primary business is the sale of sealed-packaged beer to be consumed off the premises. There shall be not more than one (1) permit issued to package stores for every two thousand (2,000) population, or fraction thereof, according to the latest official census of the City of Maryville. (4) Off-premise where beer is sold at a drug store. Drug store shall mean a business establishment whose primary business is the retail sale of pharmaceuticals, food merchandise, household items, and sundries. Beer shall not be sold for consumption on the premises of drug stores. There shall be no limitation on the number of beer permits issued to drug stores. (5) Off-premise where beer is sold at the site of the manufacturer. Manufacturer shall mean a business establishment whose business is the manufacture of beer for on-premise or off-premise consumption. There shall be no limit on the number of beer permits for manufacturers. (6) Off-premise where craft beer is sold by a craft beer retailer. A craft beer retailer shall mean a business whose primary business is the retail sale of craft beer. There shall be no limit of permits for craft beer retailers. Craft beer

12 8-12 means beer as defined in this chapter that is further manufactured by breweries with an annual production of six million (6,000,000) barrels of beer or less. (1985 Code, 2-212, as amended by Ord. #99-32, Sept. 1999, replaced by Ord. # , Jan. 2006, and amended by Ord. # , Sept. 2012, Ord. # , June 2014, Ord. # , Nov. 2015, and Ord , March 2017) Selling or otherwise dispensing beer to persons in motor vehicles. The beverages regulated by this chapter shall not be sold, given away, served, or otherwise dispensed to persons in automobiles or other motor vehicles except where (1) the beverages are sold in package form for consumption off premises and (2) beer or intoxicating liquors in any form are not consumed or sold for consumption on premises where the drive thru is located. (1985 Code, 2-213, as amended by Ord. # , Oct and replaced by Ord. # , Jan. 2006) Restrictions pertaining to minors. No person under the age of eighteen (l8) years shall be permitted to serve beer for on premises consumption. No person under the age of eighteen (18) years shall be permitted to sell, handle, key in to a cash register, or scan into a cash register beer or intoxicating liquors for off premise consumption. No person under eighteen (18) years of age shall check identification of those attempting to purchase beer or intoxicating liquors for off premise consumption. (1985 code, 2-214, deleted by Ord. # , Nov. 2004, replaced by Ord. # , Jan. 2006, and amended by Ord. # , Feb. 2015) [Deleted.] (1985 Code, 2-215, replaced by Ord. # , Jan. 2006, and deleted by Ord. # , Feb. 2015) Selling or otherwise dispensing beer to persons without valid permits or to persons engaging in unlawful practices prohibited. It shall be unlawful for any person, firm, co-partnership, corporation, syndicate, joint stock company, association or other group operating as a unit, who or which holds and/or exercises a distributor's or wholesaler's permit under this chapter, to sell, give away, deliver or distribute any of the beverages regulated by this chapter to any person, firm, co-partnership, corporation, syndicate, club, joint stock company, association, or other group operating as a unit, in the City of Maryville, who or which does not hold a valid retailer's permit issued pursuant to this chapter, or to permit or allow any agent or employee to do so. Provided, further, that it shall also be unlawful for any such distributor or wholesaler knowingly to sell, give away, deliver, or distribute such beverages to any such retailer who has violated or is violating any of the provisions of this chapter, or to permit or allow any agent or employee to do so. (1985 Code, 2-216, as replaced by Ord. # , Jan. 2006)

13 Revocation of beer permits. The Maryville Beer Board is hereby empowered and directed, whenever from facts and evidence presented to it at a hearing hereinafter provided for it is of opinion that such action is justified in the public interest, to revoke or suspend any permit or license issued pursuant to this chapter to any person, firm, co-partnership, corporation, joint stock company, syndicate, association or group operating as a unit, who: (1) Makes any material misrepresentation or false statement in the application upon which the permit is based, or fails to keep and maintain as true any promise or fact set forth in said application; or (2) Violates any of the provisions of this chapter; or (3) Is convicted of any violation of the laws of the United States or of the State of Tennessee or of the ordinances of any city prohibiting the manufacture, sale, possession, storage or transportation of alcoholic beverages as defined in this title; or (4) Knowingly permits or allows, or negligently fails to prevent, the violation of any of the aforesaid laws or ordinances against said intoxicating liquors upon any premises occupied or owned by or under the control of the licensee. Upon any complaint being made to the said board by one or more reputable citizens that any of the acts above-mentioned in this section has been committed or any other provision of this chapter has been or is being violated by a person holding and/or exercising a permit issued pursuant to this chapter or when it shall appear that the premises of any permit holder are being maintained and operated in such manner as to be detrimental to the public health, safety or morals, or when said board has knowledge of any such act or violation, the holder of said permit shall be notified in writing by the secretary of the board and afforded an opportunity for a hearing before the board. Said notice shall be mailed, at least five (5) days before the hearing, to the address shown upon the application for a permit, shall state the nature of the complaint or violation, and shall direct the holder of said permit to appear before the board at a time and place specified and show cause, if any he has, why his permit should not be revoked or suspended. The hearing shall be broad in character, and evidence may be heard upon any facts or circumstances pertinent to or applicable to the violation charged. The reputation or character of the place and of the holder of the permit complained of shall be material and competent evidence for the consideration of the board at such hearing. Whenever complaint is made charging that false statements or misrepresentations have been made in any application for a permit under this chapter, the burden of proof shall be upon the holder of the permit to establish the truth of the statement charged to be false. Provided that no formal complaint shall be necessary or required whenever the falsity of such statement or representation, or the commission of any of the acts above-mentioned in this section, or the violation of any other provision of this chapter, may be made to appear by the records of any court of competent jurisdiction; and in such case

14 8-14 such records or duly certified copies thereof shall be conclusive evidence of the falsity or misrepresentation or of the commission of said act or of said violation. The beer board may further fine a permit holder for any violation or may, in its discretion, offer the permit holder the alternative of paying a civil penalty as provided by state law. Provided, further, that no person, firm, co-partnership, corporation, joint stock company, syndicate, association, or other group operating as a unit, whose permit and license are revoked by said board shall be eligible to make application for or be granted another permit under this chapter for a period of ten (10) years from the date said revocation becomes final. Provided, further, that when a permit and license are revoked by said board pursuant to this chapter no new permit or license shall be issued for the same premises until the expiration of one (1) year from the date said revocation becomes final and effective. The beer board, in its discretion, may determine that the issuance of a license or permit before the expiration of one (1) year from the date of the revocation becomes final is appropriate, if the individual applying for such issuance is not the original holder of the license or any family member who could inherit from such individual under the statutes of intestate succession. The secretary shall notify the Blount County Beer Committee of the revocation of any permit under this chapter. (1985 Code, 2-217, as replaced by Ord. # , Jan. 2006, and amended by Ord. # , March 2017) Inspection of beer businesses. The police officers of the City of Maryville shall have the right to inspect at any and all times the entire premises and property where or upon or in which the beverages regulated by this chapter are sold, stored, transported or otherwise dispensed or distributed or handled, whether at retail or wholesale, in the City of Maryville for any law violations. (1985 Code, 2-218, modified, as replaced by Ord. # , Jan. 2006) Violations and fines. Any violation of the provisions of this chapter shall be punishable by the beer board against the applicable permit holder to the full extent authorized by this ordinance and by state law and against individual violators under the general penalty clause of this code. (1985 Code, 2-219, as replaced by Ord. # , Jan. 2006) Special events permits. (1) The Maryville Beer Board is hereby authorized and empowered in its discretion to permit the retail sale or free distribution of beer for on-premise consumption on public property within approved special event zone within the city pursuant to a special event permit at such times and as part of such events and under such terms and conditions, rules and regulations as the Maryville Beer Board may establish which are not inconsistent with state law regulating the sale of beer. No special event permit shall exceed a duration of forty-eight (48) hours.

15 8-15 (2) Such sales or the distribution of beer shall be done in accordance with the requirements of this chapter except for provisions relating to obtaining a permit. (3) Any bona fide charitable, non-profit or political organization conducting a special event within the city in which beer is contemplated to be sold or given away (but not under any other permit or exception issued under this chapter) shall apply for a special event permit at least forty-five (45) days in advance of such proposed special event in writing to the Maryville Beer Board through the City Recorder. No more than two (2) applications will be considered per year per organization. An application fee of $ must be submitted with the application. The application required by this part shall include, but not be limited to, the following: (a) The applicant's name, (b) The date and time of the proposed event, (c) The address and telephone number of all individual applicants with the name, address and telephone number of a contact for corporate applicants, (d) The identity of any persons, establishments or entities which are contemplated to participate in dispensing beer at locations other than their usual premises along with a copy of the current beer permit(s) for such participant vendor(s). Vendors of beer for the purpose of special events permits only must have a valid beer permit issued by a governmental entity somewhere in the United States, (e) The specific location where the beer is to be sold outside the premises of an establishment for which a beer permit previously has been issued, (f) The specific parameters of the special event area, (g) The anticipated number of persons attending such event, (h) Applicant's Certificate of Insurance for the special event, (i) A signed statement allowing the Maryville Beer Board to run a background check on criminal records of applicant's CEO or executive director or person in a similar position if such applicant is not already in possession of a beer permit, and (j) Any plans for proposed temporary closure of public rights-of-way, (k) Plans for security and policing the event, and (l) Any other requirements deemed necessary by city staff. (4) Upon receipt, the proposed application for a special event permit shall be placed on the Maryville Beer Board agenda at its next regularly scheduled meeting following the receipt of the notice. An applicant shall send a representative to such Maryville Beer Board meeting to address any questions or issues arising out of the proposed special event. (5) A special event permit shall state on its face the name of the holder of the permit, the name of any related vendor(s) of beer, the (respective) permit

16 8-16 number(s) of the vendor(s) of beer and the specific location, times and date where such vendor(s) is permitted to sell beer under the special event permit. A copy of the special event permit and a copy of the participant vendor's regular beer permit(s) must be displayed at each location where beer is sold by such vendor. (as added by Ord. # , Jan. 2000, deleted by Ord. # , April 2001, and replaced by Ord. # , March 2013, and Ord. # , May 2017) No permit required for certain private events. No permit under this chapter shall be required for persons distributing, possessing or receiving beer as defined in this chapter in their private home or business on their private property when not open to the general public so long as no charge is assessed to the person for receiving said beverage and no charge is assessed for attending the event. (as added by Ord. # , Nov. 2004, deleted by Ord. # , Jan. 2006, and replaced by Ord. # , May 2009, and Ord. # , March 2017) Caterer permits. Beer may be sold, stored, dispensed and served in the city limits pursuant to a validly issued caterer's license. "Caterer" shall mean a business engaged in offering food and beverage service for a fee at various locations and which: (1) Operates a permanent catering hall; (2) Has a complete and adequate commercial kitchen facility; and (3) Is licensed as a caterer by the Tennessee Department of Health. Each catered event must include food as at least fifty percent (50%) of the total expenditures in addition to beer and alcoholic beverages. A caterer's permit may be issued to any person, corporation, limited liability company or other business that has obtained a caterer's license from the Tennessee Alcoholic Beverage Commission for the sale and consumption of wine and other alcoholic beverages pursuant to Tennessee Code Annotated, chapter 4, title 57. The caterer must be engaged in the sale or service of beer where beer is to be consumed by the customer or his or her guests upon the premises of the catered event site. Should the holder of a caterer's permit cease to hold a valid cater's license from the state alcoholic beverage commission, such caterer's permit pertaining to beer shall automatically be revoked. A caterer's permit holder shall be required to give advance written notice to the beer board via facsimile, to a designated city , U.S. Mail, or personal delivery received by the city not later than ten (10) days prior to each catered event for which beer will be sold and/or consumed. Such notice shall include, but not be limited to, the date, time and location of the event and be on a form provided by the city. Any foreseen violation of this chapter will entitle the beer board and/or its designee to prevent the use of the caterer's permit for a certain event. No caterer's permit shall be valid for the sale and consumption of beer on any premises for where an on-premise retail permit has been revoked within the past twelve (12) month period. A caterer's permit cannot be used to operate a "food truck" out of which sales of beer are

17 8-17 made. A caterer's permit shall only be valid for up to a three (3) consecutive day period of time at any single location within a one (1) week period. No caterer's permit shall be used for the sale and consumption of beer on any premises owned or leased by a person, firm, corporation, limited liability company, or association having at least a five percent (5%) ownership interest in the establishment that has had an on-premise retail permit revoked within the past twelve (12) month period. No caterer's permit shall be valid for the sale or consumption of beer on any premises within one hundred fifty feet (150') of any church or public school, as measured on a straight line from the nearest property line of said church or public school to the nearest point of the premises where beer is sold or consumed except that this provision shall not be applicable to permits located within the central business district, the central transition zone, the Washington Street commercial corridor, and the high intensity commercial zoning district of the City of Maryville. (as added by Ord. # , Sept. 2014) Special event permits. The beer board is hereby authorized and empowered in its discretion to issue a special event permit allowing for the sale of beer within certain city sponsored or co-sponsored special events within the physical parameters of the special event zone during the time of the special event if otherwise provided by resolution of the city council pursuant to title 8, chapter 5 of the city code. A special event permit shall issue for such sale pursuant to the provisions of this chapter. The sale of beer under such special event permit shall be under such terms, conditions, rules and regulations as the beer board may establish which are not inconsistent with state law regulating the sale of beer. Any person applying for a special event permit shall provide in the application for the permit a copy of its current valid permit to manufacture beer and/or sell beer at another location in the United States. Such license or permit shall be valid and in place at the time of application and at the time of the special event where beer is contemplated to be sold pursuant to the special event permit. Any persons selling beer pursuant to this part shall comply with this chapter unless otherwise indicated as well as all other laws regarding the sale of beer in effect in the State of Tennessee. The location and duration of the permit shall be noted on the face of the permit as determined by the beer board. The city recorder may require such additional releases, affidavits and information as deemed appropriate as part of the application for a special event permit. (as added by Ord. # , April 2015)

18 8-18 CHAPTER 3 LIQUOR STORES SECTION Definitions Selling and distributing generally Licenses required for sale of alcoholic beverages at retail Licensee responsible for officers and agents Location of liquor store Limitations on building containing liquor store Restrictions generally Fees Records kept by licensee Inspections generally Enforcement Certificate of compliance Application Consideration Restrictions upon issuance License from city to operate liquor store Restrictions on local liquor retailer's licenses Restrictions upon licensees and employees Nature of license; suspension or revocation Definitions. Whenever used in this title, the following terms shall have the following meanings unless the context necessarily requires otherwise: (1) "Alcoholic beverage." 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 five percent by weight or less. 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 alcoholic beverage and shall not be subject to regulation or taxation pursuant to this chapter unless specifically provided. (2) "Applicant." A person applying for a local liquor store privilege license or a certificate of compliance, as the context provides. (3) "Applicant group." 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. (4) "Application." The form or forms or other information an applicant or applicant group is required to file with the city in order to attempt to obtain

19 8-19 a local liquor store privilege license or certificate of compliance, as the context provides. (5) "Certificate of compliance." The certificate required in Tennessee Code Annotated, , 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. (6) "City." The city is the City of Maryville, Tennessee. (7) "Co-licensees." Persons who together hold a single local liquor store privilege license for a single liquor store. (8) "Federal statutes." The statutes of the United States now in effect or as they may hereafter be changed. (9) "Inspection fee." The monthly fee a licensee is required by this chapter to pay, the amount of which is determined by a percentage of the gross sales of a licensee at a liquor store. 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. (10) "Local liquor store privilege license." A local liquor store privilege license issued under the provisions of this chapter for the purpose of authorizing the holder or holders 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 or persons who has or have 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. (11) "License fee." 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. (12) "Licensee." The holder or holders of a local liquor store privilege license. In the event of co-licensees, each person who receives a certificate of compliance and local liquor store privilege license shall be a licensee subject to the rules and regulations herein. (13) "Liquor store." 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. (14) "Manufactured." A structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation. (15) "Person." Person means any natural person as well as any corporation, limited liability company, partnership, firm or association or any other legal entity recognized by the laws of the State of Tennessee. (16) "Retail sale" or "sale at retail." The sale to a consumer or to any person for any purpose other than for resale. (17) "State law, rules and regulations." All applicable laws, rules and regulations of the State of Tennessee applicable to alcoholic beverages as now