7.08.010 Definitions.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Authorized wholesaler" means a wholesaler holding a valid wholesale
permit issued by the metropolitan beer permit board.
"Beer" means beer, ale or any other beverage having an alcoholic
content of not more than five percent by weight.
"Church" means a building or property where a congregation regularly
meets at least one day per week for religious worship.
"Metropolitan beer permit board" or "board" means that administrative
body organized and empowered under the authority of Tennessee Code
Annotated, Title 57, Chapter 5 and created by Section 7.04.010 of
this code.
"Minor" with respect to purchasing, consuming or possessing beer
means any person who has not attained the age of twenty-one years.
"Park" means a place or property either owned or maintained by the
metropolitan government or by a utility district or an incorporated
city, where persons regularly gather for recreational purposes or
as spectators; provided, however, that such places or property shall
not include those places and properties in the core commercial district
(CC) and core commercial frame district (CF) as defined in Title
17 of this code; provided, further, that such places or property
shall not include parks within the boundary described herein as:
beginning at the point of the intersection of Interstate 40 and Herman
Street, then East to the intersection of Herman Street and 9th Ave.
North, then north to the intersection of 9th Ave. North and Jefferson
Street, then east to the intersection of Jefferson Street and Interstate
65, then south to the intersection of Interstate 65 and Interstate
40, then west to the point of beginning.
"Performing arts facility" means a facility owned by a governmental
entity and administered by a not-for-profit corporation which facility
is located within the core commercial district (CC) or core commercial
frame district (CF) as defined in Title 17 of this code and in which
meetings, festivals, live theatrical, musical, and other performances
and events are regularly presented.
"Permit" means any permit issued pursuant to this chapter.
"Permittee" means any person to whom any permit has been issued
pursuant to this chapter.
"Premises" means a building, portion of a building, or property
that is utilized for a particular business enterprise.
"Resident" means any person who at present is living within Davidson
County within the intent that his permanent home shall be within
such county.
"Retailer" means any person licensed by the metropolitan beer permit
board who sells beer for consumption and not for resale.
"Retailer off-sale permit" means a permit issued by the metropolitan
beer permit board to a retailer engaged in the sale of beer which
is not to be consumed by the purchaser upon the premises of such
permittee.
"Retailer on-sale permit" means a permit issued by the metropolitan
beer permit board to a retailer engaged in the sale of beer which
is to be consumed by the purchaser only upon the premises of such
permittee.
"Retailer special events permit" means an on-sale beer permit issued
by the metropolitan beer permit board to a retailer engaged in the
sale of beer in conjunction with activities which will last for a
specified period of time, including, but not limited to, fairs, bazaars,
and similar public or private social events.
"School" means an institution, including kindergarten, where regular
classes are conducted under the supervision of a teacher or instructor,
including schools or colleges where specialized subjects are taught
to students of all ages. Such term shall include vocational, medical,
law, art, cosmetology, and other institutions where similar special
subjects are taught; provided, however, mortuary colleges shall not
be included in such term.
"Sell" means and includes taking or receiving an order for, keeping
or exposing for sale, delivering for value, keeping for intent to
sell and trafficking in beer.
"Wholesale beer permit" means a permit issued by the metropolitan
beer permit board to distributors, manufacturers, brewers of any
branch of a brewery or manufacturer selling beer solely to retailers.
"Wholesaler" means any person who sells beer to retailers. Such
term shall include a distributor, manufacturer, brewer or brewery
branch making sales of beer directly to retailers. (Ord. 2002-984 § 1,
2002; Ord. 99-1794 §§ 2, 7 (part), 1999; Ord. 98-1430 § 2,
1998; Ord. 95-1492 § 1, 1995; prior code § 5-1-7)
Article I. Wholesale and Retail Permits
7.08.020 Required.
No person shall sell beer within the territorial jurisdiction of
the metropolitan government without being the holder of a valid
annual permit issued by the metropolitan beer permit board. (Prior
code § 5-1-14)
7.08.030 Types of permits.
The following types of permits may be issued by the metropolitan
beer permit board:
A. A wholesaler's permit shall be issued to each distributor, manufacturer,
brewer or brewery or manufacturer's branch selling beer only directly
to retailers.
B. A retailer's "off-sale" permit shall be issued to any person
engaged in the sale of beer for consumption and not resale where
the beer sold is not to be consumed by the purchaser upon or near
the premises of such seller.
C. A retailer's "on-sale" permit shall be issued to any person
engaged in the sale of beer where the beer is to be consumed by the
purchaser or his guests upon the premises of the seller. A retailer's
on-sale permit may be issued to regularly conducted hotels or motels
and to regularly incorporated clubs and lodges in which places beer
may be sold and consumed by the purchaser when a retailer's on-sale
permit has been issued for the premises.
D. A retailer's special events permit shall be issued to any person
engaged in the sale of beer for consumption by the purchaser upon
the premises of the seller for a specified period of time, and in
conjunction with certain types of activities, including, but not
limited to, fairs, bazaars, and similar public or private social
events.
E. The board may authorize the executive director of the metropolitan
beer permit board to issue temporary permits not to exceed thirty
days duration in any of the above categories under such terms and
conditions as the board may establish not inconsistent with this
title.
F. All permits issued hereunder shall be a mere grant or privilege
to carry on the business during the term of the permit subject to
all the terms and conditions imposed by the Charter and related laws,
applicable provisions of this title, applicable provisions of the
Tennessee Code Annotated, and other ordinances of the city relating
to these businesses. (Ord. 99-1794 § 3, 1999; Prior code § 5-1-15)
7.08.040 Application--Requirements and conditions.
A. The owner of any business desiring to sell, distribute, manufacture,
or store beer within the metropolitan government area shall file
in person with the metropolitan beer permit board a written application,
under oath, for a permit. The application shall be filed at least
ten days prior to the date of hearing said application. The board
may waive this ten-day requirement if it deems it appropriate.
No permit shall be issued until the board has approved the written
application, which shall contain questions necessary to the determination
of whether the applicant has met all laws of this state and all
provisions of this code and other ordinances of the metropolitan
government then in effect. The form of such application shall be
prescribed by the board and approved by the metropolitan department
of law.
B. To be eligible for a permit, the applicant shall establish the
following:
1. That no beer will be sold except at places where such sale will
not cause congestion of traffic or interference with schools, churches,
or other places of public gathering, or otherwise interfere with
public health, safety and morals; provided however, nothing in this
subsection shall apply to places of business that are located in
the terminal or main building at public airports serviced by commercial
airlines with regularly scheduled flights;
2. That no sale shall be made to persons under twenty-one years
of age;
3. That no person, firm, corporation, joint-stock company, syndicate,
or association having at least a five percent ownership interest
in the establishment has been convicted of any violation of the laws
against possession, sale, manufacture, or transportation of beer
or other alcoholic beverages or any crime involving moral turpitude
within the past ten years; and,
4. That no sale shall be made for on-premise consumption unless
the permit so states.
C. An applicant shall disclose the following information in the
application:
1. Name of the applicant;
2. Name of the applicant's business;
3. Location of business by street address or other geographical
description to permit an accurate determination of conformity with
the requirements of this chapter;
4. If beer will be sold at two or more restaurants or other businesses
within the same building pursuant to the same permit as provided
in Section 7.08.250D, and a description of all such businesses;
5. All persons, firms, corporations, joint-stock companies, syndicates,
or associations having at least a five percent ownership interest
in the applicant;
6. Identity and address of a representative to receive annual tax
notices and any other communication from the board;
7. Whether any person, firm, corporation, joint-stock company, syndicate,
or association having at least a five percent ownership interest
in the applicant or any person employed in the distribution or sale
of beer has been convicted of any violation of the laws against possession,
sale, manufacture, or transportation of beer or other alcoholic beverages
or any crime involving moral turpitude within the past ten years;
8. Whether or not the applicant is seeking a permit which would
allow the sale of beer either for on-premises consumption or for
off-premises consumption, or both of the foregoing; and,
9. Such other information, relevant and material to the protection
of the health, safety and morals of the inhabitants of the metropolitan
government area as may be required by the board, in its discretion.
D. No permittee shall open his premises to the public for the sale
of beer until the permittee shall have first filed with the board
floor plans and diagrams completely disclosing and designating a
physical arrangement of the premises, should the board so require
of any applicant.
E. The board shall have the right to issue a beer permit to any
person, firm, corporation, syndicate, joint-stock company, or association
carrying on any other regular business to store and sell, in connection
therewith, such beer.
F. If the holder of a beer permit for either off-premises or on-premises
consumption desires to change the permit holder's method of sale,
the permit holder shall apply to the board for a new permit.
G. An applicant or permit holder shall amend or supplement the information
provided in its application promptly if a change in circumstances
affects the responses in its application.
H. Any applicant making any false statement in an application shall
forfeit his permit, and shall not be eligible to receive any permit
for a period of ten years.
I. Permits shall be issued to the owner of the business, whether
a person, firm, corporation, joint-stock company, syndicate, or association.
(Ord. 99-1794 § 4, 1999)
7.08.050 Application--Submittal to police department before approval.
A. The Metropolitan beer permit board shall submit the necessary
information of each applicant for a permit to the police department
for the purpose of ascertaining if the applicant has ever been
arrested or convicted of any offense which would prohibit the issuance
of a permit.
B. Alternatively, the police department may provide the board with
computer access to their records revealing the required information
and provide assistance so that the board may conduct its own checks.
(Ord. 99-1794 § 5, 1999)
7.08.060 Fees--Application, renewal and change in management.
A. All applications for the issuance of permits by the metropolitan
beer permit board shall be accompanied by an application fee of
two hundred fifty dollars. Said fee shall be used in offsetting
the expenses of investigating the applicant and processing the
application. No portion of the fee shall be refunded to the applicant
whether an application is approved or denied.
B. All permit holders shall pay an annual privilege tax of one hundred
dollars to the metropolitan beer permit board for the privilege of
selling beer within the state, pursuant to Tennessee Code Annotated
Section 57-5-104(b)(1).
1. Any person, firm, corporation, joint-stock company, syndicate
or association engaged in selling, distributing, storing or manufacturing
beer shall remit the tax on January 1, 2000, and each successive
January 1st to the metropolitan beer permit board.
2. The metropolitan beer permit board shall mail written notice
to each permit holder of the payment date of the annual tax at least
thirty days prior to January 1st of each year. Notice shall be mailed
to the address specified by the permit holder on its permit application.
If a permit holder does not pay the tax by January 31st or within
thirty days after written notice of the tax was mailed, whichever
is later, then the metropolitan beer permit board shall notify the
permit holder by certified mail that the tax payment is past due.
If a permit holder does not pay the tax within ten days after receiving
notice of its delinquency by certified mail, then the permit may
be suspended, revoked or the permit holder may be given a civil penalty
subject to procedures set forth at Tennessee Code Annotated Section
57-5-108 and Section 7.08.110 of this chapter.
3. The metropolitan government may use these tax funds for any public
purpose.
4. 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. (Ord. 99-1794 § 6, 1999)
7.08.070 Conditions of permits.
Every person to whom a beer permit is issued agrees to the following
conditions:
A. The premises are declared to be a public place for the purpose
of inspection by the beer inspectors, by officers of the police department
or by any other duly authorized law enforcement officer.
B. The permit holder shall keep invoices and all other memoranda
fully descriptive relating in any way to the storing, sale, distribution
by sale or gift or manufacture of beer, and he shall permit the director
of finance or his duly authorized agents, representatives or employees
to inspect, at any time during the business hours of the day, all
such articles, containers, packages, invoices, books, papers and
memoranda as may be deemed necessary in the opinion of the director
of finance or his authorized agent, representative or employee in
ascertaining whether or not all state and local taxes have been paid
or in determining the amount of such taxes that may be due.
C. The permit holder shall display all permits issued pursuant to
this article in a conspicuous place, together with all other permits,
licenses and stamps required by law. (Prior code § 5-1-18.1)
7.08.080 Permit to state location where sale is authorized.
The specific address or description of the premises where beer is
authorized to be sold shall be stated on the face of each permit
issued by the metropolitan beer permit board, and no permit shall
be valid unless such address or description of the premises is stated
on the face of such permit. (Prior code § 5-1-21)
7.08.090 Location restrictions--Issuance of permit after revocation.
A. 1. No beer permit shall be issued to an applicant whose location
is less than one hundred feet from a church, a school or its playground,
a park, a licensed day care center or nursery school or their playgrounds,
or a dwelling for one or two families. One- or two-family dwellings
shall not be construed to include house trailers, on wheels or otherwise,
provided that minimum distance requirements contained herein from
a dwelling for one or two families shall not be applicable to any
location which is in the CC or CF zone district, unless said location
is adjacent to a lot in a residential zone district. This subsection
shall not affect any location for which a beer permit was in effect
within three hundred sixty-five days of May 26, 1992, the effective
date of the ordinance codified in this subsection A and, further,
shall not affect said location thereafter so long as a beer permit
is held for that location without lapse of more than three hundred
sixty-five days, even if there is a change of ownership of the location
or the business thereon. Provided, however, the foregoing to the
contrary notwithstanding, the distance requirements contained herein
shall be applied to any location which has been granted a beer permit
after January 1, 1992, that was not subject to a minimum distance
requirement. Provided, however, the distance requirements provided
herein shall not be applicable to a retailer on-sale beer permit
for any location that is on a lot in the MUL district under the provisions
of Title 17 of the Metropolitan Code of Laws so long as (a) a retailer
on-sale beer permit is obtained prior to December 31, 1998; (b) more
than fifty percent of the gross sales of said applicant for said
location is derived from food sales, excluding sales of alcoholic
beverages; and (c) thereafter said permit is held without lapse of
more than three hundred sixty-five days, regardless of any change
of ownership. Provided, however, the minimum distance requirements
established herein shall not be applicable to any retailer on-sale
beer permit issued to any metropolitan arena. No retailer off-sale
beer permit may be issued to any metropolitan arena which does not
comply with the minimum distance requirement set forth above. For
purposes of this section, "metropolitan arena" means a facility owned,
operated or leased by a metropolitan government or any agency or
commission thereof, or by a nongovernmental individual, corporation,
partnership or other legal entity, with permanent seating capacity
in excess of nine thousand persons, which is located in a core commercial
(CC) zone district or a core commercial frame (CF) zone district
established pursuant to Title 17, which is designed primarily for
indoor sporting, recreational, convention and/or entertainment use
and may contain space and facilities for meetings, exhibitions, retail
sales, retail food dispensing and restaurants and is a facility for
which a license has been obtained from the Tennessee Alcoholic Beverage
Commission permitting the sale of alcoholic beverages for on-premises
consumption. All premises which are permitted under these provisions
which are arenas for entertainment and sporting events shall provide
designated seating which shall be "alcohol free" in the facility
for events when beer or other alcoholic beverages are sold.
2. Any metropolitan arena which has a retailer on-sale beer permit
issued under the provisions of Section 7.08.090(A)(1) shall be subject
to the following provisions and restrictions:
a. For any public event conducted in such metropolitan arena which
shall have an attendance of two thousand five hundred or more persons
shall file with the metropolitan beer board, prior to such event,
a detailed plan which provides for the following:
i. The number of persons selling or distributing beer,
ii. Locations and numbers of security personnel used to monitor
the distribution and consumption of beer,
iii. Locations and number of police officers to be present,
iv. Methods of controlling amount of alcoholic beverages to be sold
to individuals,
v. Times during the event that the sale of beer and other alcoholic
beverages will begin and terminate, and
vi. Indication of method under which the plan was developed (i.e.,
past history of similar events, research of similar events conducted
at other locations, etc.);
b. For any public event conducted in such metropolitan arena which
shall have an attendance of two thousand five hundred or more persons
and beer and/or other alcoholic beverages are to be sold, there shall
be an area provided within the premises to house individuals who
are unruly. Such area shall be separated from the activities of said
event and shall be so located to properly protect the safety of persons
to be detained as well as the general public;
c. The sale or consumption of beer shall not be permitted at any
event open to the public by ticket sales or otherwise which is primarily
conducted for the attendance of minors or children;
d. The permit holder shall provide the metropolitan beer board satisfactory
evidence that all persons selling or distributing beer or other alcoholic
beverages under said permit shall have completed a program of effective
alcohol management such as T.E.A.M. (Techniques of Effective Alcohol
Management), ASK (Alcohol Servers Knowledge program), or other such
program as required by the Alcoholic Beverage Commission of the state
of Tennessee;
e. Provided, however, no retailer off-sale beer permit or special
permit may be issued under the provisions of ordinance codified in
this section which does not comply with the minimum distances and
other requirements as otherwise required.
3. Distances shall be measured in a straight line from the closest
point of the applicant's building to the closest point of the building
of the church or dwelling; from the closest point of the applicant's
building to the closest boundary of a park; from the closest point
of the applicant's building to the closest boundary of a public school
of the board of public education of the metropolitan government;
and from the closest point of the applicant's building to the closest
point of the building of a school, licensed day care center or nursery
school, or to the closest boundary of the playground of the school,
day care center or nursery school, whichever is closest to the applicant's
building.
B. No permit shall be issued to any person for a location which
fails to comply with any health ordinances or any regulation of the
department of health or which would violate any zoning ordinance
of the metropolitan government.
C. Where a beer permit is revoked, no new permit shall be issued
to permit the sale of beer on the same premises to the same business
enterprise or its employees operating the premises until after the
expiration of one year from the date such revocation becomes final
and effective; provided, however, said premises shall be eligible
for the issuance of a new beer permit to a business enterprise or
its employees, an owner and/or lessee who was not subject to the
revocation of a beer permit at such location provided all requirements
of the code regarding the location of on-sale and/or off-sale beer
permits shall be met. However, a permit shall not be issued to a
partner, employee, associate or relative of the holder of a revoked
permit if said relationship existed at the time of the offense.
D. No permit shall be issued where the applicant has had revoked,
within ten years, either a permit issued for the sale of beer by
any board duly created within the county or municipality of this
state or any license for the sale of liquor in any form by the alcoholic
beverage commission of this state. (Ord. BL2000-442 § 1, 2000;
Ord. BL99-118 § 1, 2000; Ord. 99-1794 § 7 (part), 1999;
Ord. 98-1325 § 1, 1998; Ord. 97-924 § 1, 1997; Amdts. 1,
2, 3, 4 to Ord. 94-1315, 6/6/95; Ord. 95-1315 § 1, 1995; Ord.
92-448 § 1, 1992; Ord. 92-434 § 1, 1992; Ord. 92-406 § 1,
1992; Amdt. 2 to Ord. 92-246, 4/21/92; Amdt. 1 to Ord. 92-246, 4/21/92;
Ord. 92-246 § 2, 1992; Amdt. 1 to Ord. 91-1552; 4/22/91; Ord.
91-1552 § 1, 1991; Ord. 90-1435 § 1, 1990; Amdt. 1 to
Ord. 89-1033, 12/5/89; Ord. 89-1033 §§ 1, 2, 1989; prior
code § 5-1-18.2)
7.08.100 Retailer on-sale beer permit--Issuance requirements.
Retailer on-sale beer permits shall not be issued except to performing
arts facilities or to eating establishments where such eating establishments
possess seating capacities for not less than twenty-five persons
and where meals or lunches are regularly served and except to places
where the premises are equipped with adequate toilet facilities
and handwashing facilities, including hot and cold running water,
for use by customers. Establishments selling beer for on-premises
consumption shall be constructed of such material that the floors,
walls and ceilings can be easily cleaned and kept clean. (Ord.
2002-984 § 2, 2002; Ord. 99-1794 § 7 (part), 1999; prior
code § 5-1-18.3)
7.08.110 Suspension and revocation of permit--Authority.
The metropolitan beer permit board shall have the power to revoke
or suspend, and shall be charged with the duty of revoking or suspending,
any permits issued by it, upon notice to the permittee and a hearing
thereon, for any violation of any provision of state law regulating
the sale, storage and transportation of alcoholic beverages or
for any violation of any provision of this code or any other ordinance
of the metropolitan government or of any private act, county court
resolution or city of Nashville ordinance which has the effect
of an ordinance of the metropolitan government regulating beer
or other intoxicating beverage, or when the permittee:
A. Operates a disorderly place;
B. Permits boisterous or disorderly conduct on the premises;
C. Has been convicted by final judgment of a court of competent
jurisdiction of a crime involving moral turpitude;
D. Permits minors to congregate about the premises;
E. Sells or transfers the equipment or assets of the business authorized
by his permit to another for the purpose of conducting the business
on the same premises, unless he shall notify the board in writing
immediately upon such sale or transfer, and shall surrender his license
within thirty days after said sale or transfer;
F. Has made a false statement of a material fact in any application
or notice to the board;
G. Sells or allows to be sold on the premises of the permittee any
beer to any person under the age of twenty-one years; or
H. Sells or allows to be sold on the premises of the permittee beer
to any person using food stamps issued pursuant to state or federal
law for the purchase of such beer. (Ord. 99-1794 §§ 8 (part),
9, 1999; prior code § 5-1-23)
7.08.120 Draft beer defined--Off-premises consumption sales.
A. Draft beer may be sold for off-premises consumption only by the
holder of an off-sale beer permit.
B. "Draft beer," as defined in this section, means beer which is
poured from a pressurized container or keg into a container approved
by the state of Tennessee, which is then commercially sealed. The
process of pouring the beer into the container and commercially sealing
same shall take place on the premises of the retailer in an area
separate from the area which the public may use. (Ord. 99-1794 §§ 7
(part), 8 (part), 1999; prior code § 5-1-15.1)
7.08.130 Prohibited acts--Generally.
It is unlawful for any person:
A. To bring, to cause, or allow to be brought onto the premises
of any permittee under the provisions of this chapter any prohibited
drugs within the meaning of Tennessee Code Annotated, Sections 53-10-101,
et seq., and 39-17-401, et seq.,
B. To bring, to cause, or allow to be brought onto the premises
of any permittee under the provisions of this chapter any intoxicating
beverage, the alcoholic content of which is in excess of five percent
by weight, unless such permittee is the holder of a valid license
issued under the authority of Tennessee Code Annotated, Title 57,
Chapter 4;
C. Being under the age of twenty-one years, to have in his or her
possession beer for any purpose, except that any person eighteen
years of age or older may transport, possess, sell or dispense alcoholic
beverages, wine or beer in the course of his or her employment. (Ord.
99-1794 §§ 8 (part), 10, 1999)
7.08.140 Prohibited acts--By permit holders, agents or employees.
It is unlawful for any beer permit holder or his agent or employee:
A. To employ any person convicted for the possession, sale, manufacturing
or transportation of intoxicating liquor or any crime involving moral
turpitude within the past ten years;
B. To make or permit to be made any sale of beer to a person under
twenty-one years of age;
C. To sell, give away, or allow beer to be consumed on any premises
granted a permit under this chapter from three a.m. to six a.m. on
weekdays and from three a.m. to twelve noon on Sundays;
D. To allow any person under eighteen years of age to loiter or
congregate about the premises. The burden of ascertaining the age
of minor persons shall be on the permit holder and his agent or employee.
When a minor is seated at a table, there shall be no beer served
at the table unless such minor is accompanied by one or both of his
parents, but only if served in conjunction with food;
E. To make false statement of a material fact in his application
for any beer permit;
F. To operate a disorderly place;
G. To knowingly allow beer to be passed from a lawful purchaser
or possessor to a minor for consumption on the premises of the permit
holder. The burden of ascertaining the age of persons who may not
lawfully possess beer shall be on the permit holder and his agent
or employee;
H. For a retailer to knowingly sell to a lawful purchaser who purchases
beer for consumption by a minor. The burden of ascertaining the age
of persons who may lawfully possess beer shall be on the permit holder
and his agent or employee;
I. To permit boisterous or disorderly conduct on the premises;
J. To sell or transfer the equipment or assets of the business authorized
by his permit to another for the purpose of continuing the business
on the same premises, unless he shall notify the board in writing
immediately upon such sale or transfer, and unless he shall give
the name and address of the purchaser within said notice. A beer
permit holder shall surrender his license to the board within thirty
days after the sale or transfer is consummated;
K. Make or allow any sale to any intoxicated person or to any feebleminded,
insane or otherwise mentally incapacitated person;
L. Allow any intoxicated person to loiter on or about his premises;
M. Allow any dancing on his premises without a dance permit;
N. For any wholesaler or manufacturer, to sell or deliver beer,
or use, operate or cause to be operated any vehicle carrying beer
within the metropolitan government area after eleven p.m. or before
four a.m., Monday through Friday, or at any time between nine p.m.
on Friday and six a.m. on Monday. This provision shall also apply
to platform sales in addition to ordinary deliveries. This subsection
shall not apply, however, to trucks returning to the warehouse or
to or from a point for the purpose of vehicle repair and further,
this subsection shall not apply to trucks transporting beer for delivery
outside of the area of metropolitan government;
O. For a retailer or wholesaler, to store beer in any place other
than the address listed on the permit;
P. To sell or allow to be sold on the premises of the permittee
beer to any person using food stamps issued pursuant to state or
federal law for the purchase of such beer. (Ord. 99-1794 §§ 8
(part), 11, 1999; Ord. 93-669 §§ 1, 2, 1993; Amdt. 1 to
Ord. 91-2, 10/15/91; Ord. 91-2 § 1, 1991; prior code § 5-1-23.3)
Q. To allow gambling or gambling devices of any kind or description
contrary to state law on the premises.
R. To allow solicitation for purposes of prostitution on the premises.
S. To allow or engage in any criminal activity on the premises.
7.08.150 Suspension and revocation of permit--Civil penalty options.
A. The metropolitan beer permit board may, at the time it imposes
a revocation or suspension, offer a permit holder the alternative
of paying a civil penalty not to exceed one thousand five hundred
dollars for each offense of making or permitting to be made any
sales to minors or a civil penalty not to exceed one thousand dollars
for any other offense. 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. Payment
of the civil penalty shall constitute an admission of the violation(s)
charged.
B. Revocation, suspension or imposition of a civil penalty may be
made where it appears satisfactorily that the premises of any person,
firm or corporation holding a beer permit under this chapter are
being operated in such manner as to be detrimental to public health,
safety and morals.
C. The action of the board in connection with the issuance of any
order revoking or suspending a beer permit or imposition of a civil
penalty may be reviewed by statutory writ of certiorari, with a trial
de novo as a substitute for an appeal, the petition of certiorari
to be addressed to the circuit or chancery court of Davidson County.
The procedures in Tennessee Code Annotated Section 57-5-108 are the
sole method for review of decisions under this section, as they may
be amended.
D. Where a permit is revoked, no new license shall be issued to
permit sale of beer on the same premises until the expiration of
one year from the date the revocation becomes final and effective.
The board may, in its discretion, determine that issuance of a license
or permit before the expiration of one year from the date of 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 statute of
intestate succession, or, if any new owner is not in any way associated
with the owner whose permit was revoked.
E. The board may revoke or suspend a permit or impose a civil penalty
on any beer retailer who is found to possess beer on which the state
beer barrelage tax and the county wholesale beer tax has not been
paid. The burden of proof shall be on the permit holder to show the
taxes on the beer have been paid by showing that the beer was purchased
from a Tennessee beer wholesaler by providing a bill of sale or invoice
showing name and address of the retailer and wholesaler and the number
of containers of each brand purchased, and which shall be signed
by the retailer. (Ord. 99-1794 § 12, 1999)
Article II. General Regulations
7.08.160 Permitted activities.
It is lawful to transport, store, sell, distribute, possess, receive
and
manufacture beer, as defined in Section 7.08.010, within the geographical
area of the metropolitan government, subject to all regulations,
limitations and restrictions provided in this title. (Ord. 9-1794 § 8
(part), 1999; prior code § 5-1-8)
7.08.170 Restrictions on sales by wholesalers.
It is unlawful for any authorized wholesaler to sell beer to anyone
other than a person, firm, corporation, syndicate or association
having been authorized and licensed by any city or county as retailer
by a board duly created for the purpose of licensing retail establishments.
Provided, however, if a retail business has posted a beer permit
, which on its face appears to be valid, a wholesaler who sells beer
to the retail business will not be deemed to have violated the provisions
of this section. (Amdt. 1 with Ord. 99-1794 §§ 8 (part),
17, 1999: prior code § 5-1-9)
7.08.180 Limitations on purchases.
No person, except an authorized wholesaler, may sell or store beer
within the metropolitan government area unless such beer has been
purchased from an authorized wholesaler. (Ord. 99-1794 § 8 (part),
1999; prior code § 5-1-10)
7.08.190 Retail sales and storage - Permit location only.
Retailers holding permits to sell beer are authorized to sell and
store
beer at only the location authorized by the metropolitan beer permit
board and specifically designated on their respective permits as
the place for which the permit is issued. The sale or storage of
beer by a retailer at any place other than the location authorized
by the board and specifically named on the face of his permit is
prohibited. (Ord. 99-1794 § 8 (part), 1999; prior code § 5-1-12)
7.08.200 Retail purchases and deliveries - Permit location only.
A. Retailers holding permits from the metropolitan beer permit board
are only authorized to deliver beer on the premises for which the
permit is issued. The delivery of beer by a retail permit holder
at any place other than the premises for which his permit is issued
is prohibited. No retail permit holder shall enter into any agreement
with any person or conspire with any person to cause beer to be delivered
off the premises for which his permit is issued or at any location
other than the one authorized by his permit for the sale of beer.
B. It shall be unlawful for any holder of a retail beer permit to
knowingly permit the purchase of beer at his place of business by
anyone for resale and delivery to another. Holders of retail beer
permits issued by the board are prohibited from selling beer to any
person when the retail permit holder knows or should have reason
to know that such beer is purchased for resale and delivery off of
the premises for which his permit is issued.
(Ord. 99-1794 § 8 (part), 1999; prior code § 5-1-13)
7.08.210 Resale prohibited when.
It is unlawful for any retailer holding a permit issued by the metropolitan
beer permit board to purchase, accept as a gift or loan, or to receive,
swap or exchange, beer, for the purpose of resale, from any person
who is not the holder of a valid wholesale permit issued by the board.
(Ord. 99-1794 § 8 (part), 1999; prior code § 5-1-11)
7.08.220 Return of beer permit upon termination of business.
A permit holder must return his permit to the board within fifteen
days
of termination of the business, change in ownership, relocation of
the
business or change of the business name; provided that, regardless
of the failure to return a beer permit, a permit shall expire upon
termination of the business, change in ownership, relocation of the
business or change of the business's name. (Ord. 99-1794 §§ 8
(part), 13, 1999)
7.08.230 Valid Permit - Limitations.
A permit shall be valid:
A. Only for a single location, except as provided in subsection D
of
this section, and cannot be transferred to another location. A permit
shall be valid for all decks, patios and other outdoor serving areas
that are contiguous to the exterior of the building in which the
business is located and that are operated by the business. However,
a permit holder for a business that is subject to the distance requirements
set forth in this chapter, at Section 7.08.090, may not sell beer
at a deck, patio and/or other outdoor serving area that is built
after the date of the issuance of the permit.
B. Only for a business operating under the name identified in the
application.
C. Only for the owner to whom the permit is issued and cannot be
transferred to another owner. Should the ownership of a location
change, the new owner shall apply for a new permit in accordance
with Article I of Chapter 7.08. If the owner is a corporation, a
change in ownership shall occur when control of at least fifty percent
of the stock of the corporation is transferred to a new owner.
D. Where an owner operates two or more restaurants or other
business within the same building, the owner may at the owner's discretion
operate some or all such businesses pursuant to the same permit.
E. A business can sell beer for both on-premises and off-premises
consumption at the same location pursuant to one permit. (Ord. 99-1794 § 14,
1999)
7.08.240 Hotels and Motels.
A. Any hotel or motel licesned under this chapter may dispense beer
to adult guests through locked, in-room units.
B. No minor shall be issued or supplied with a key by any hotel or
motel for these units. (Ord. 99-1794 § 15, 1999)