8-1 State law reference Tennessee Code Annotated, title 57 ... - MTAS

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TITLE 8 

ALCOHOLIC BEVERAGES 1 

CHAPTER 

1. ALCOHOLIC BEVERAGE CONTROL ORDINANCE. 

CHAPTER 1 

ALCOHOLIC BEVERAGE CONTROL ORDINANCE 

SECTION 

8-101. Name. 

8-102. Definitions. 

8-103. Intoxicating liquors and wine–unlawful. 

8-104. Beer. 

8-105. Miscellaneous offenses. 

8-101. Name. This chapter shall be known and may be cited as the 

Town of Caryville Alcoholic Beverage Control Ordinance. (Ord. #99-5, Sept. 

1999) 

8-102. Definitions. (1) "Alcoholic beverage" or "alcoholic beverages" 

means and includes every liquid capable of being consumed by a human being 

which has alcoholic content of more than one half of one percent (.05%) by 

volume, other than patent medicines. 

(2) "Beer" means and includes all alcoholic beverages, except wine, 

having an alcoholic content of not more than five percent (5%) by weight. 

(3) "Beer board" or "board" means and refers to the Beer Board of the 

Town of Caryville, Tennessee. 

(4) "Intoxicating liquor" or "liquors" means and includes all alcoholic 

beverages, except wine, which contains more than five percent (5%) alcohol by 

weight. 

(5) "Legislative body" means and refers to the Board of Mayor and 

Aldermen of the Town of Caryville, Tennessee. 

(6) "Recorder" or "city recorder" means and refers to the City Recorder 

of the Town of Caryville, Tennessee. 

(7) "Town" or "municipality" means and refers to the Town of 

Caryville, Tennessee. 

1 

State law reference 

Tennessee Code Annotated, title 57.

(8) "Wine" means the product of the normal alcoholic fermentation of 

the juice of fresh, sound, ripe grapes, with the usual cellar treatment and 

necessary additions to correct defects due to climatic, saccharine or seasonal 

conditions, including champagne, sparkling and fortified wine of an alcoholic 

content not to exceed twenty-one percent (21%) by volume. (Ord. #99-5, Sept. 

1999) 

8-103. Intoxicating liquors and wine--unlawful. (1) Intoxicating 

liquors and wine–unlawful. It shall be unlawful to possess, sell, tipple, 

purchase, store, transport, manufacture or distill any intoxicating liquors or 

wine within the territorial boundaries of the municipality except as such 

possession, sell, tipple, purchase, storage, transportation, or distillation is 

otherwise specifically permitted by Tennessee Code Annotated, §§ 57-2-101, et 

seq., §§ 57-3-101, et seq., §§ 57-4-101, et seq.,and §§ 57-7-101 et seq., and all 

provisions and conditions of said sections have been fully and strictly complied 

with. 

(2) Possession of apparatus–unlawful-contraband. (a) It shall be 

unlawful to possess or control within the territorial boundaries of the 

town any still or other apparatus or parts thereof used or intended to be 

used for the purpose of manufacturing or distilling any intoxicating 

liquors or wine except as such possession or control shall be otherwise 

specifically permitted by Tennessee Code Annotated, §§ 57-2-101, et seq., 

§§ 57-3-101, et seq., §§ 57-4-101, et seq., and §§ 57-7-101, et seq., and all 

provisions and conditions of said sections have been fully and strictly 

complied with. 

(b) All stills or other apparatus or any parts thereof used or 

intended to be used in the manufacture or distillation of any intoxicating 

liquor or wine, the possession or control of which is declared to be 

unlawful by subsection (a) of this section are hereby declared to be 

contraband paraphernalia and it shall be the duty of the police officers of 

the municipality to seize and destroy any and all such paraphernalia 

found within the territorial boundaries of the municipality. 

(3) Violations–penalty. (a) Any person, firm, corporation, joint-stock 

company, syndicate, association or other entity who shall violate the 

provisions of §§ 8-103(1) and 8-103(2) of this chapter, shall be guilty of a 

municipal offense, triable before the municipal court, and upon conviction 

thereof shall be fined not less than fifty dollars ($50.00) nor more than 

one hundred dollars ($100.00) for each such violation. Each such 

violation shall constitute a separate offense and each day's continuance 

of a violation shall likewise constitute a separate offence. 

(b) Notwithstanding the provisions contained in subsection (a) 

of this section, nothing therein shall be construed so as to prevent the 

prosecution of any conduct declared by this ordinance to be a municipal 

offense which would also constitute a violation of the criminal laws of the 

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State of Tennessee or a violation of the criminal law of the United States 

of America, whether misdemeanor or felony, from being charged and 

prosecuted as a violation of the criminal laws of the State of Tennessee 

or the United State of America in the appropriate state or federal courts. 

(Ord. #99-5, Sept. 1999) 

8-104. Beer. (1) Traffic in beer conditionally permitted–brewers' and 

wholesalers' interest restricted. In conformity with Tennessee Code Annotated, 

§§ 57-5-101, et seq., it shall be lawful to transport, store, sell, distribute, possess, 

receive and/or manufacture beer within the territorial boundaries of the 

municipality, provided that all of the provisions and conditions of this ordinance 

shall be fully and strictly complied with, and provided further, that no brewer 

or wholesaler of such beverage or its agents shall be permitted to make any loan 

or furnish any fixtures of any kind or have any interest, direct or indirect, in the 

business of any retailer of such beverages, or in the premises occupied by such 

retailer. 

(2) Beer board–establishment–composition–meetings–record of 

proceedings. Requirements for quorum and action. (a) There is hereby 

established a beer board to regulate and supervise the sell, distribution, 

manufacture and storage of beer within the territorial boundaries of the 

municipality in accordance with the provisions and conditions of this 

ordinance. 

(b) The beer board shall be composed of the mayor and 

aldermen of the municipality who, from among its membership, shall 

annually elect a chairman to preside over its meetings. 

(c) All regular and special meetings of the beer board shall be 

open to the public and shall be held in the municipal building of the town. 

Regular meetings of the beer board shall be held at such times as the 

board shall prescribe. When there is business to come before the beer 

board, the chairman may call a special meeting of the board provided that 

reasonable notice thereof shall be given to each member of the board, to 

any affected party or parties in interest. Once convened, the board may, 

at any time, adjourn a meeting to another day or time. 

(d) The recorder shall attend and make a record of the 

proceedings of all beer board meetings, which record shall be a public 

record and shall contain at least the following: 

(i) The date of the meeting; 

(ii) The names of the board members present and absent; 

(iii) The names of the members presenting and seconding 

motions and resolutions before the board; 

(iv) The content of each such motion or resolution 

presented; 

(v) The vote of each member of the board on each such 

motion or resolution; and,

(vi) The provisions of each permit issued by the board. 

(e) 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 and all matters before the board shall be decided by 

a majority of the members present if a quorum is constituted. Any 

member present but not voting shall be deemed to have cast a "nay" vote. 

(3) Permit required – restrictive as to type of business–issued to owner 

of business–validity of permit–permits not transferable–termination of businessdeath 

of permit holder–filing of resale certificate. (a) No person, firm, 

corporation, joint stock company, syndicate, association, or other entity 

shall operate any business engaged in the sale, distribution, manufacture 

or storage of beer within the territorial boundaries of the municipality 

without a permit duly approved by the beer board and issued by the 

recorder, pursuant to such approval. 

(b) All beer permits issued pursuant to this ordinance shall be 

restrictive as to the type of beer business authorized under them. 

Separate permits shall be required for selling at retail, distributing, 

manufacturing or storing and permits for the retail sell of beer may be 

further restricted by the beer board so as to authorize the sell of beer for 

off premises consumption only. 

(c) Permits for the sale, distribution, manufacture or storage of 

beer within the territorial boundaries of the municipality shall be issued 

only to the owner of the business for which the permit is issued, whether 

such owner is a person, firm, corporation, joint-stock company, 

association or other business entity and shall be valid: 

(i) Only for the owner to whom the permit is issued and 

cannot be transferred to another owner. If the owner is a 

corporation, a change in ownership shall occur when control of at 

least fifty percent (50%) of the stock of the corporation is 

transferred to a new shareholder or to new shareholders; 

(ii) Only for a single location, except that where the 

owner operates two (2) or more restaurants or other businesses 

within the same building, the owner may in the owner's discretion 

operate some or all of such businesses under the same permit. 

(iii) Only for a business operating under the name 

identified in the permit application. 

(d) A permit holder must return and surrender to the 

municipality any permit issued pursuant to this ordinance within fifteen 

(15) days of the termination of the business for which the permit was 

issued, a change in the ownership of the business, a relocation of the 

business, or a change of the business' name; provided, that 

notwithstanding the failure of the permit holder to return a beer permit, 

such permits shall expire on the termination of the business, a change in 

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the business ownership, a relocation of the business, or a change of the 

business' name. 

(e) A permit issued pursuant to this ordinance shall expire upon 

the death of the permit holder; provided that the administrator or 

executor of the deceased permittee's estate shall have a period of sixty 

(60) days immediately following the death of such permittee within which 

to make application for a permit to continue operating the deceased 

permittee's business. During such sixty (60) day period, the permit of the 

deceased permittee shall continue to be valid provided that the heirs or 

beneficiaries of the deceased permittee's property and estate shall, by 

written instrument duly executed and acknowledged upon oath or 

affirmation accept and assume full responsibility for the continued 

operation of such business in full compliance with the terms, conditions, 

restrictions, understandings and agreements contained in the permit and 

in full compliance with the provisions of this ordinance and the provisions 

of Tennessee Code Annotated, §§ 57-5-101, et seq., to the same extent and 

in the same manner as was required of the deceased permittee. Upon the 

submission of an application by the administrator or executor of the 

deceased permittee's estate as aforesaid, if such administrator or executor 

shall be otherwise qualified as an applicant under the provisions of this 

ordinance, a new permit for the operation of the business at the deceased 

permittee's location shall issue in the name of such applicant in the 

applicant's capacity as such administrator or executor of the deceased 

permittee's estate, which new permit shall continue to be valid until such 

time that either the estate the deceased permittee is closed, the 

administrator or executor is discharged from his or her duties as such 

administrator or executor, the business is sold or terminated, the permit 

is revoked or suspended as elsewhere provided in this ordinance, or the 

permit shall expire as is provided in subsection (d) of this section. 

(f) Within ten (10) days after the issuance of a permit to sell, 

distribute or manufacture beer, the permittee shall file with the 

municipality a copy of a valid certificate indicating that the permittee's 

purchases of beer are "for resale" as that term is used in Tennessee Code 

Annotated, § 67-6-102(23)(A), and shall, at all times thereafter, maintain 

on file with the municipality, copy of a valid resale certificate. 

(4) Application–requirements of application-application fee–false 

statement in application. (a) The owner of a business desiring to sell, distribute, 

manufacture or store beer within the territorial boundaries of the 

municipality; or, the owner of a business holding a valid permit to sell 

beer for either off-premises consumption or on-premises consumption 

desiring to change the method of sale; or the owner of a business holding 

a valid permit at one location desiring to transfer the permit to another 

location; or the owner of a business holding a valid permit desiring to 

change the name under which such owner is doing business, shall file 

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with the beer board, a written application for such permit. The 

application shall be submitted by the applicant on the forms therefor 

provided by the municipality, as shall from time to time be approved and 

adopted by the board, and shall fully disclose, set forth, and contain 

therein, the following information, understandings and agreements: 

(i) The full legal name of the applicant; 

(ii) The name by or under which the applicant is or will 

be doing business at the location for which the permit is desired; 

(iii) A description of the particular place or location for 

which the permit is desired, designated by street and number, if 

available, and if not, by such other geographical description as well 

as definitely locate the place to such degree of specificity that an 

accurate determination of the distance and territorial 

requirements of § 8-104(5)(f), (g) and (h) of this chapter can be 

made; 

(iv) The name and address of the owner of the premises 

at which the business for which the permit is desired is to be 

carried on; 

(v) 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 for both onpremises 

and off-premises consumption; 

(vi) If beer is to be sold at two (2) or more restaurants or 

other businesses located within the same building under one 

permit as is provided by Tennessee Code Annotated, 

§ 57-5-103(a)(4), a complete description of all such businesses; 

(vii) Whether the person actually signing the application 

will conduct the operations of the business in person or whether 

such signatory is acting as agent for any another person, firm, 

corporation, syndicate, joint stock company, association or other 

business entity, and if so acting as agent, the full name, home 

address and telephone number of the person who will actually 

conduct the operation of the business at the location for which the 

permit is desired; 

(viii) If the applicant is an individual, the applicant's date 

of birth and social security number; the applicant's home telephone 

number; the applicant's complete home mailing and street address; 

and, the length of applicant's residence at such place; 

(ix) If the applicant is a business entity other than an 

individual, the type or kind of such business entity; the complete 

mailing and street address of the applicant's principal business 

office; the telephone number of applicant's principal business 

office; the date and place such business entity was established, 

whether by charter or otherwise; and, if applicable, the name and 

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address of the applicant's registered agent for service of process in 

the State of Tennessee together with a statement from the 

applicant that such business entity is valid and exists and is not 

under revocation of charter or other suspension of activity, as of 

the date of the application; 

(x) The name and address of all persons, firms, partners, 

corporations, joint-stock companies, syndicates, or associations 

having at least a five percent (5%) ownership interest in the 

applicant; 

(xi) The identity and address of a representative of the 

applicant to receive annual tax notices and other communications 

from the legislative body of the municipality, the beer board or the 

city recorder; 

(xii) A statement that neither the applicant nor any 

person, firm, joint-stock company, syndicate, association or other 

entity having at least a five percent (5%) ownership interest in the 

applicant's business has been convicted of any violation of the laws 

against the possession, sale, manufacture or transportation of beer 

or other alcoholic beverages or of any infamous crime or of any 

crime involving moral turpitude within the past ten (10) years; 

(xiii) A statement that the applicant has not had a license 

or permit for the sale of beer or other alcoholic beverage or 

beverages in the State of Tennessee revoked within the past ten 

(10) years; 

(xiv) A statement that no brewer or distiller of beer or of 

any other alcoholic beverage has any interest, financial or 

otherwise, in the premises at or upon which the permit is desired; 

(xv) A statement that no brewer or distiller of beer or any 

other alcoholic beverage has any interest, financial or otherwise, 

in the business for which the permit is desired; 

(xvi) A statement of any other relevant information the 

beer board may require; 

(xvii) Applicant's understanding and agreement that in the 

event a permit shall be approved and issued to the applicant, the 

applicant will not thereafter, during the period that any permit 

issued pursuant to such application shall be in force, either: 

(A) Convey or grant to any brewer or distiller of 

beer or any other alcoholic beverage any interest in either 

the business of applicant which is being permitted or in the 

premises or any property at which such business shall be 

carried on; or, 

(B) Contract any indebtedness or financial 

obligation to any brewer or distiller of beer or other alcoholic 

beverage other than for the purpose of purchasing beer

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directly from such brewer or distiller for re-sale by applicant 

in the normal course of the business of applicant which is 

being permitted at the premises in which such business is 

to be conducted; 

(xviii) Applicant's understanding and agreement that in the 


applicant will not thereafter employ any person in the sell, 

distribution, storage or manufacture of alcoholic beverages who 

has been convicted of any violation of the laws against the 

possession, sale, manufacture or transportation of beer or other 

alcoholic beverages or of any infamous crime or of any crime 

involving moral turpitude within the ten (10) year period 

immediately preceding such person's employment; 

(xix) Applicant's understanding and agreement that in the 


applicant will not sell or store or allow any alcoholic beverage other 

than beer as defined by § 8-102(4) of this chapter to be sold or 

stored at, in or upon the premises so permitted; 

(xx) Applicant's understanding and agreement that in the 


applicant will not sell or allow any alcoholic beverages to be sold 

at, in or upon the premises permitted, to any person under the age 

of twenty-one (21) years; 

(xxi) Applicant's understanding and agreement that in the 


applicant will not allow any person under the age of twenty-one 

(21) years to drink, consume or be in the possession of any 

alcoholic beverage at or upon the premises permitted; 

(xxii) Applicant's understanding and agreement that in the 

event a permit shall be approved and issued to the applicant for on 

premises consumption, the applicant will not employ in the sale, 

storage, distribution or manufacture of alcoholic beverages, at or 

upon the premises so permitted, any person under the age of 

eighteen (18) years; 

(xxiii) Applicant's understanding and agreement that in the 


premises consumption, the applicant will not permit or allow any 

person or persons under the age of eighteen (18) years to loaf about 

or loiter at or upon the premises so permitted; 

(xxiv) Applicant's understanding and agreement that in the 


applicant will not sell or allow any alcoholic beverage to be sold, 

opened or consumed at, in or upon the premises so permitted on 

any Sunday or upon any election day until after the close of the

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polls of the election which is being conducted and applicant's 

further understanding an agreement that on all other days, the 

applicant will not sell or allow any alcoholic beverage to be sold, at 

or upon the premises so permitted between the hours of twelve 

(12:00) o'clock midnight and six (6:00) o'clock A.M. and that the 

applicant will not allow or permit any such beverage, either in 

bottle, can or other container to be opened for consumption or 

consumed at or upon the premises so permitted after the hour of 

twelve fifteen (12:15) o'clock A.M. 

(xxv) Applicant's understanding and agreement that in the 


applicant will not allow or permit the gathering together or 

visitation to said premises or the production and presentation at, 

in or upon said premises, of any show, display or demonstration by 

or of any person or group of persons for prostitution, nudity or 

nude dancing, or for any other lewd, lascivious, indecent or 

immoral purposes; 

(xxvi) Applicant's understanding and agreement that in the 


applicant will not sell or allow any alcoholic beverage to be sold to 

or to be consumed by any person at, in or upon the premises so 

permitted, who is in a drunken condition or who is visibly under 

the influence of alcoholic beverages or intoxicating drugs or 

narcotics; and that it shall be the affirmative duty of the applicant 

to notify the municipal police of any person at or upon the 

premises in a drunken, partly drunken or intoxicated condition; 

(xxvii) Applicant's understanding and agreement that in 

the event a permit shall be approved and issued to the applicant, 

the applicant will not sell or allow any alcoholic beverage to be sold 

or consumed by any person, at or upon the premises so permitted, 

who is feeble minded, insane or otherwise mentally incapacitated; 

(xxviii) Applicant's understanding and agreement that in 

the event a permit shall be approved and issued to the applicant, 

the applicant will not allow or permit any gambling or any 

gambling devise, or any game of chance, whatsoever, to be located, 

used, played or operated at or upon the premises so permitted; 

(xxix) Applicant's understanding and agreement that in the 


premises consumption, the applicant will at all times provide 

separate toilet facilities for men and women and will keep and 

maintain each such separate toilet facility in a clean and sanitary 

condition and in good working order; 

(xxx) Applicant's understanding and agreement that in the 

event a permit shall be approved and issued to the applicant, the

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applicant will not operate or use the permit the use or operation of 

any musical instrument, television, radio, speaker, or any other 

machine or devise in a manner such that any loud, unusual, 

offensive or obnoxious noise will emanate from the premises so 

permitted or such that a nuisance will be or is thereby created; 

(xxxi) Applicant's understanding and agreement that in the 

event a permit shall be approved and issued to the applicant,no 

outdoor sign, advertisement or display that advertises beer may be 

erected or maintained upon the premises so permitted other than 

one (1) sign, advertisement or display which makes reference to 

the fact that the establishment sells beer but does not use brand 

names, pictures, numbers, prices or diagrams relating to beer; 

(xxxii) Applicant's understanding and agreement that in 

the event a permit shall be approved and issued to applicant, it 

shall be the duty of applicant to return the permit to the beer 

board within fifteen (15) days of a termination of the business, a 

change in the ownership of the business, a relocation of the 

business or a change in the name of the business; provided, that 

notwithstanding the failure of the applicant to return the permit, 

the permit shall expire immediately as of the termination of the 

business, change in ownership, relocation of the business, or 

change of the business name; 

(b) Each applicant for a permit to sell, distribute, manufacture 

or store beer within the territorial boundaries of the Town of Caryville, 

Tennessee; to change a permit holder's allowable methods of sale; to 

transfer a permit holder's permit from one location to another; or to 

change the name under which the permit holder is doing business shall, 

with the filing of such application, pay an application fee to the Town of 

Caryville, Tennessee, in the amount of two hundred fifty dollars 

($250.00), no portion of which shall be refunded to the applicant 

notwithstanding whether the application is approved or denied. No 

application for a permit shall be considered filed until the required 

application fee is paid. 

(c) Any applicant making a false statement in the application 

shall forfeit such applicant's permit and shall not be eligible to receive 

any permit for a period of ten (10) years. 

(5) Issuance of permit–conditions, limitations and restriction–hearing. 

(a) No permit for the sale, storage, distribution or manufacture 

of beer within the territorial boundaries of the municipality shall be 

approved or issued except upon the submission of an application therefor 

complying in all respects with the requirements for such applications 

provided in § 8-104(4) of this chapter. 

(b) No permit for the sale, storage, distribution or manufacture 

of beer shall be approved or issued unless the application for a permit is

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supported by the affidavit or affirmation of the applicant that the facts 

stated in the application are true. 

(c) No permit for the sale, storage, distribution or manufacture 

of beer shall be approved or issued except to persons who are of good 

moral character and who have not been convicted of any violation of the 

laws against the possession, sale, manufacture or transportation of beer 

or other alcoholic beverages or of any infamous crime or of any crime 

involving moral turpitude within the ten (10) year period immediately 

preceding the filing of the application; nor shall any permit be approved 

or issued to any firm, corporation, syndicate, joint stock company, 

association or other business entity whose members, officers, 

stockholders, and employees do not have or possess such qualifications. 

(d) No permit for the sale, distribution or manufacture of beer 

shall be approved or issued until the applicant has obtained all required 

business licenses, has obtained the required "re-sale" certificate as that 

term is used in Tennessee Code Annotated, § 67-6-102(23)(A), has paid all 

required fees and privilege taxes, and has met all other requirements of 

the State of Tennessee, the United States of America, and of the 

municipality. 

(e) No permit for the sale of beer shall be approved or issued for 

places so located that the operation of such business would cause the 

congestion of traffic or would interfere with schools, churches, public 

playgrounds, public parks or other such places of public gather or would 

otherwise interfere with the public health, safety, and morals. 

(f) No permit for the sale, storage, distribution or manufacture 

of beer shall be approved or issued for places located within two thousand 

(2,000) feet of any school, church, public playground, public park or other 

such place of public gathering as measured in a straight line from the 

nearest corner of the property line of the school, church, playground, park 

or other such place of public gathering to the nearest corner of the 

structure where the beer is to be sold. 

(g) No permit for the sale of beer shall be approved or issued for 

places located within three hundred (300) feet of a residential dwelling, 

measured from building to building, over the objection of the owner or an 

occupant of the residential dwelling, provided such owner or occupant 

shall appear in person before the beer board and object to the issuance of 

such permit. This provision shall not apply to locations where a permit 

has been previously issued prior to the date of the adoption of this 

ordinance or to an application for a change in the permittee at such 

locations. This provision shall apply, however, to locations where a 

permit has been previously issued for off-premises consumption only and 

the application is for a change in the method allowable sales to include 

on-premises consumption.

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(h) No permit for the sale of beer shall be approved or issued for 

any place of business within the territorial boundaries of the municipality 

except places of business which are located within those areas of the 

municipality zoned highway commercial. 

(i) No permit for the sale of beer for on-premises consumption 

shall be approved or issued for any place of business which does not have 

existing, separate, enclosed sanitary toilet facilities, in good working 

order, for both men and women. 

(j) No permit for the sale of beer shall be approved or issued for 

any place of business within the period of one (1) year after the date that 

a prior permit issued for a business at the same location has been 

revoked, provided that the beer board, in its discretion, may approve the 

issuance of a permit at the same location before the expiration of one (1) 

year from the date of revocation if the applicant for such issuance is not 

the original permit holder, is not an owner or officer of the prior permit 

holder or is not a family member of the former permit holder who could 

inherit from the prior permit holder under the statutes of interstate 

succession. 

(k) No permit for the sale, distribution, manufacture or storage 

of beer shall be approved or issued to any applicant within ten (10) years 

after the date that a prior permit issued to that applicant by any licensing 

or permitting authority has, for any reason, been revoked. 

(l) Before any permit for the sale, storage, distribution or 

manufacture of beer within the territorial boundaries of the municipality 

shall be approved and issued, the beer board shall cause to be published 

in a newspaper of general circulation a notice in which the name of the 

applicant; the address of the location for which the permit is sought; 

whether the application is for the sale of beer for off premises 

consumption or for both on and off premises consumption; and, the date 

and time of the beer board meeting at which such application shall be 

considered. Such meeting shall be a public hearing for the purpose of 

hearing the statements of any person or such person's attorney on the 

application and the applicant shall be entitled to such public hearing 

before the issuance of a permit on such application may be refused, 

provided that where the issuance of a permit has been refused or denied 

three (3) times to the same applicant, that applicant shall not be allowed 

to again apply for a permit at the same location or be entitled to a public 

hearing before the board upon any subsequently submitted application 

until after the expiration of one (1) year from the date of the third such 

refusal. 

(m) Any applicant seeking a permit for the sale, storage, 

distribution or manufacture of beer within the territorial boundaries of 

the municipality who is qualified under the requirements, terms, 

conditions and provisions of this ordinance; whose application is

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submitted in strict compliance with the terms, requirements, conditions 

and provisions of this ordinance; and, whose business premises for which 

the permit is sought meets, complies and exists in strict conformity with 

and to all of the requirements, terms and provisions of this ordinance, 

shall be entitled to the issuance of a permit. 

(6) Privilege tax imposed–notice of tax due date–revocation, 

suspension or civil penalty for failure to pay tax–tax prorated at time of new 

permit. (a) In conformity with Tennessee Code Annotated, § 57-5-104 there is 

hereby imposed on the business of selling, distributing, storing or 

manufacturing beer within the territorial boundaries of the municipality, 

an annual privilege tax of one hundred dollars ($100.00). 

(b) Any person, firm, corporation, joint-stock company, 

syndicate, association or other business entity engaged in selling, 

distributing, storing or manufacturing beer within the territorial 

boundaries of the municipality shall, on January 1 of each year, remit the 

tax to the city recorder. 

(c) The city recorder shall mail written notice to each permit 

holder of the payment date of the annual tax at least thirty (30) days 

prior to January 1. Such notice shall be mailed to the address specified 

by the permit holder in its permit application. If a permit holder does not 

pay the tax by January 31 or within thirty (30) days after written notice 

of the tax was mailed, whichever is later, then the city recorder shall 

notify the permit holder by certified mail that the tax payment is past 

due. If the permit holder does not pay the tax within ten (10) days after 

receiving notice of its delinquency by certified mail, then the beer board 

shall suspend or revoke the permit or impose a civil penalty pursuant to 

§ 8-104(8) of this chapter. 

(d) At the time a new permit is issued to any business subject 

to this tax, the permittee shall be required to pay the privilege tax on a 

prorated basis for each month or portion thereof remaining until the next 

annual payment date. 

(7) Violations. (a) It shall be unlawful, within the territorial 

boundaries of the municipality, for any person, firm, corporation, joint-stock 

company, syndicate, association or other entity to engage in the sell, 

distribution, manufacture or storage of beer without a valid permit duly 

approved by the beer board and issued by the recorder pursuant to such 

approval in accordance with the provisions of this ordinance. 

(b) It shall be unlawful for any person, firm, corporation, jointstock 

company, syndicate, association or other business entity to whom 

a permit to sell, distribute, manufacture or store beer has been issued: 

(i) To engage in any type or phase of the beer business 

not expressly authorized by the permit; 

(ii) To violate or fail to strictly comply:

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(A) With any express restriction or condition which 

may be contained or written into the permit by the beer 

board; 

(B) With any express term, condition, restriction, 

understanding or agreement set forth and contained in the 

permit holder's application for the permit; 

(C) With any provision of Tennessee Code 

Annotated, § 57-5-101, et seq.; or 

(D) With any provision of this ordinance. 

(c) It shall be unlawful for any person, firm, corporation, jointstock 


a permit for the retail sale of beer has been issued, whether issued for off 

premises consumption or for both on and off premises consumption or 

whether issued before or subsequent to the effective date of this 

ordinance, hereafter: 

(i) To convey or grant to any brewer or distiller of beer 

or any other alcoholic beverage any interest in either the business 

of the permit holder or in the premises or any property at which 

the permit holder's business is carried on; 

(ii) To contract any indebtedness or financial obligation 

to any brewer or distiller of beer or other alcoholic beverage other 

than for the purpose of purchasing beer directly from such brewer 

or distiller for re-sale by the permit holder in the normal course of 

the permit holder's business at the permitted premises; 

(iii) To employ any person in the sell or distribution of 

alcoholic beverages who has been convicted of any violation of the 

laws against the possession, sale, distribution, manufacture, 

transportation or storage of alcoholic beverages or of any crime, 

infamous crime or of any crime involving moral turpitude within 

the ten (10) year period immediately preceding such person's 

employment; 

(iv) To sell or store or allow to be sold or stored in or upon 

the permitted premises any alcoholic beverage, other than beer; 

(v) To sell or distribute or to allow any alcoholic beverage 

to be sold or distributed to any person under the age of twenty-one 

(21) years; 

(vi) To sell or distribute or to allow any alcoholic beverage 

to be sold or distributed on any Sunday; 

(vii) To sell or distribute or to allow any alcoholic beverage 

to be sold or distributed on any day between the hours of twelve 

(12:00) o'clock midnight and six (6:00) o'clock A.M.; 

(viii) To sell or distribute or to allow any alcoholic beverage 

to be sold or distributed on any election day until after the polls of 

the election which is being conducted have been closed;

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(ix) To sell or distribute or to allow any alcoholic beverage 

to be sold or distributed to any person who is in a drunken 

condition or who is visibly under the influence of alcoholic 

beverages or of intoxicating drugs or narcotics; 

(x) To knowingly sell or distribute or to knowingly allow 

any alcoholic beverage to be sold or distributed to any person who 

is feeble minded, insane or otherwise mentally incapacitated; 

(xi) To allow or permit any gambling, gambling devise, or 

any game of chance, whatsoever, to be located, used, played or 

operated at or upon the permitted premises; or, 

(xii) To erect or maintain at or upon the permitted 

premises any outdoor sign, advertisement or display that 

advertises beer; provided, however, that one (1) outdoor sign, 

advertisement or display may be erected or maintained at or upon 

the permitted premises which makes reference to the fact that the 

beer is sold but which does not use brand names, pictures, 

numbers, prices or diagrams relating to beer. 

(d) It shall be unlawful for any person, firm, corporation, jointstock 


a permit for the retail sale of beer has been issued for off premises 

consumption only, whether such permit was issued before or subsequent 

to the effective date of this ordinance, hereafter to permit or allow any 

alcoholic beverage to be opened or consumed at or upon the permitted 

premises. 

(e) It shall be unlawful for any person, firm, corporation, jointstock 


a permit for the retail sale of beer has been issued for on premises 

consumption, whether such permit was issued before or subsequent to the 

effective date of this ordinance, hereafter: 

(i) To allow or permit any person, at, in or upon the 

permitted premises, who is under the age of twenty-one (21) years 

either to purchase, open, drink, consume or be in possession of any 

alcoholic beverage; 

(ii) To employ in the sell, distribution, manufacture or 

storage of alcoholic beverages, at, in or upon the permitted 

premises, any person who is under the age of eighteen (18) years; 

(iii) To permit or allow any person or persons under the 

age of eighteen (18) years to loaf or loiter at, in or upon the 

permitted premises; 

(iv) To allow or permit any alcoholic beverage to be 

opened or consumed at, in or upon the permitted premises on any 

Sunday; 

(v) To allow or permit any alcoholic beverage to be 

opened or consumed at, in or upon the permitted premises on any

8-16 

election day until after the close of the polls of the election which 

is being conducted; 

(vi) To allow or permit any alcoholic beverage, either in 

bottle, can or other container to be opened for consumption or 

consumed at or upon the permitted premises, on any day, after the 

hour of twelve fifteen (12:15) o'clock A.M.; 

(vii) To allow or permit at, in or upon the permitted 

premises, the gathering together, visitation, or the production and 

presentation of any show, display or demonstration by or of any 

person or group of persons for prostitution, nudity or nude dancing, 

or for any other lewd, lascivious, indecent or immoral purposes; 

(viii) To allow or permit any alcoholic beverage to be 

consumed at, in or upon the permitted premises by any person who 

is in a drunken condition or who is visibly under the influence of 

alcoholic beverages or intoxicating drugs or narcotics; 

(ix) To fail to notify the municipal police of the presence 

of any person or persons at, in or upon the permitted premises who 

is in a drunken, partly drunken or intoxicated condition; 

(x) To knowingly allow or permit any person who is 

feeble minded, insane or otherwise mentally incapacitated to 

purchase, drink or consume any alcoholic beverage at, in or upon 

the permitted premises; or, 

(xi) To operate, use or permit the use of any musical 

instrument, television, radio, speaker or any other machine or 

devise at, in or upon the permitted premises in a manner such that 

any loud, unusual, offensive or obnoxious noise emanates 

therefrom or such that a nuisance is thereby created. 

(f) It shall be unlawful for any person who is an owner, officer, 

agent or employee of any person, firm, corporation, joint-stock company, 

syndicate, association or other business entity to whom a permit for the 

retail sale of beer has been issued: 

(i) To sell or distribute any alcoholic beverage at or from 

the permitted premises other than beer; 

(ii) To sell or distribute any alcoholic beverage at or from 

the permitted premises to any person under the age of twenty-one 

(21) years; 

(iii) To sell or distribute any alcoholic beverage at or from 

the permitted premises to any person who is in a drunken 

condition or who is visibly under the influence of alcoholic 

beverages or of intoxicating drugs or narcotics; 

(iv) To knowingly sell or distribute any alcoholic beverage 

at or from the permitted premises to any person who is feeble 

minded, insane or otherwise mentally incapacitated;

8-17 

(v) To sell or distribute any alcoholic beverage at or from 

the permitted premises on any Sunday; 

(vi) To sell or distribute any alcoholic beverage at or from 

the permitted premises on any election day until after the close of 

the polls of the election which is being conducted; or, 

(vii) To sell or distribute any alcoholic beverage at or from 

the permitted premises on any day between the hours of 12:00 

o'clock midnight and six (6:00) o'clock A.M. 

(g) A violation of any of the provisions of this section by a 

person who is an owner, officer, agent or employee of the permit holder 

shall be deemed to be a violation by the permit holder. 

(h) Any person, firm, corporation, joint-stock company, 

syndicate, association or other business entity who shall violate any of the 

provisions of this section, or who shall violate any other of the provisions 

of this ordinance, or who shall fail to perform any of the duties imposed 

by this ordinance shall be guilty of a municipal offense, triable before the 

municipal court, and upon conviction thereof shall be fined not less than 

fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for 

each such violation. Each such violation shall constitute a separate 

offense and each day's continuance of a violation shall likewise constitute 

a separate offence. 

(i) Notwithstanding the provisions contained in subsection (h) 

of this section, nothing therein shall be construed so as to prevent the 

prosecution of any conduct declared by this ordinance to be a municipal 

offense which would also constitute a violation of the criminal laws of the 

State of Tennessee, whether misdemeanor or felony, from being charged 

and prosecuted as a violation of the criminal laws of the State of 

Tennessee in the appropriate state court. 

(8) Revocation or suspension of permits–civil penalties–hearing. 

(a) Permits issued pursuant to this chapter may be revoked or 

suspended by the beer board on grounds or for reason: 

(i) Of any violation by the permit holder or by any owner, 

officer, agent or employee of the permit holder of any provisions of 

Tennessee Code Annotated, § 57-5-101 et seq.; 

(ii) Of any violation of § 8-104(7) of this chapter by the 

permit holder or by any owner, officer, agent or employee of the 

permit holder; 

(iii) Of any violation of § 8-104(6) of this chapter by the 

permit holder; 

(iv) Of any violation of § 8-102(1) of this chapter by the 


permit holder at, in or upon the permitted premises;

8-18 

(v) Of any violation of § 8-103 of this chapter by the 


permit holder at, in or upon the permitted premises; 

(vi) Of any violation or breach by the permit holder of any 

express term, condition, restriction, understanding or agreement 

contained in the permit holder's application for the permit; 

(vii) Of any criminal conviction of the permit holder, or 

any owner or officer of the permit holder, in the courts of any State 

or of the United States of America, of any violation of law 

pertaining to the unlawful possession, sale, distribution, 

manufacture or transportation of beer or other alcoholic beverages 

or of any infamous crime involving moral turpitude; 

(viii) Of any failure on the part of the permit holder to 

perform any of the duties imposed upon permit holders under any 

provision of this chapter; or, 

(ix) Whenever it shall satisfactorily appear that the 

permitted premises are being maintained and operated in such 

manner as to be detrimental to public health safety or morals; 

provided that no permit shall be revoked upon the sole ground or for the 

sole reason that the permit holder or any owner, officer, agent or 

employee of the permit holder sells beer to a purchaser who is over the 

age of eighteen (18) years but under the age of twenty-one (21) years if 

such purchaser exhibits an identification, false or otherwise, indicating 

the purchaser's age to be twenty-one (21) years or over, if that purchaser's 

appearance as to maturity is such that he or she might reasonably be 

presumed to be of such age and the purchaser is unknown to the person 

making the sale; provided further, however, that in such case the permit 

may be suspended for a period not to exceed ten (10) days or a civil 

penalty of up to one thousand five hundred dollars ($1,500.00) may be 

imposed pursuant to subsection (b) of this section. 

(b) The beer board, at the time it imposes a revocation or 

suspension, may offer the permit holder the alternative of paying a civil 

penalty not to exceed one thousand five hundred dollars ($1,500.00) for 

each violation or offense of making or permitting to be made any sales to 

persons under the age of twenty-one (21) years or a civil penalty not to 

exceed one thousand dollars ($1,000.00) for any other violation or offense. 

If a civil penalty is offered as an alternative to revocation or suspension, 

the permit holder shall have seven (7) days within which to pay the civil 

penalty before the revocation or suspension shall become effective. If the 

civil penalty is not paid within that time the revocation or suspension 

shall thereupon be and become effective without further action or notice. 

If the civil penalty is paid within that time the revocation or suspension 

shall be deemed withdrawn.

8-19 

(c) The beer board, on behalf of the municipality, may authorize 

the city recorder to accept from a permit holder, who is charged with a 

violation of this ordinance, the payment of a civil penalty, not to exceed 

the amounts set forth in subsection (b) of this section, which payment, if 

so made and accepted prior to the date and time set for hearing on such 

charged violation, shall be an admission by the permit holder of the 

violation so charged, shall dispense with the necessity of a hearing, and 

shall be paid to the exclusion of any other penalty that the beer board or 

the municipality might otherwise impose against such permit holder. 

(d) The permit holder shall be entitled to a public hearing upon 

reasonable notice before any permit is revoked or suspended. Revocation 

or suspension proceedings may be initiated by the chief of police or by any 

member of the beer board. (Ord. #99-5, Sept. 1999) 

8-105. Miscellaneous offense. (1) Violations by and relating to person 

under the age of twenty-one (21) years–punishment. (a) It shall be unlawful 

within the territorial boundaries of the municipality for any person under 

the age of twenty-one (21) years to: 

(i) Possess or transport any intoxicating liquor as 

defined by § 8-103 of this chapter; 

(ii) Purchase or attempt to purchase any alcoholic 

beverage as defined by § 8-102(1) of this chapter; 

(iii) Knowingly make a false statement or exhibit false 

identification to the effect that he or she is twenty-one (21) years 

of age or older to any person engaged in the sale of alcoholic 

beverages for the purpose of purchasing or obtaining the same; 

(b) It shall be unlawful within the territorial boundaries of the 

municipality for any person over the age of twenty-one (21) years to 

purchase any alcoholic beverage as defined by § 8-102 of this chapter for 

or at the request of a person under the age of twenty-one (21) years. 

(c) Any person who shall violate any of the provisions of this 

section shall be guilty of a municipal offense, triable before the municipal 

court and upon conviction shall be fined not less than fifty dollars 

($50.00) nor more than one hundred dollars ($100.00) for each such 

violation. 

(d) Any person who shall be found to have violated subsection 

(a)(i) of this section shall, without regard to the final disposition of such 

violation, have the right to have the record of such violation destroyed 

after the passage of six (6) months from the date of the violation, without 

cost to such person, upon motion to the court. 

(e) In the case of a person under the age of twenty-one (21) 

years but eighteen (18) years of age or older found to have violated 

subsection (a)(i) or subsection (a)(ii) of this section, the court, within five 

(5) working days of the conviction shall prepare and send to the

8-20 

Tennessee Department of Safety, Driver Control Division, an order of 

denial of driving privileges for the offender. 

(f) In the case of a person eighteen (18) years of age or older 

found to have violated subsection (a)(iii) of this section, the offender, in 

addition to the fine imposed by subsection (c) of this section of this section 

shall be punished by not more than thirty (30) days community service. 

(g) In the case of a person twenty-one (21) years of age or older 

who shall be found to have violated subsection (b) of this section, the 

offender, in addition to the fine imposed by sub-part (c) of this section 

shall be punished by not more than thirty (30) days community service. 

(h) Nothing hereinabove contained shall be construed so as to 

prevent the prosecution of any conduct declared by this section to be a 

municipal offense which conduct would also constitute a violation of the 

criminal laws of the State of Tennessee, whether misdemeanor or felony, 

from being charged and prosecuted as a violation of the criminal laws of 

the State of Tennessee in the appropriate state court. 

(2) Consumption or open container in motor vehicle–penalty. 

(a) (i) It shall be unlawful for the operator, or any occupant 

or passenger of a motor vehicle as defined by Tennessee 

Code Annotated, § 55-8-101 to consume any alcoholic 

beverage or possess an open container of any alcoholic 

beverage while such motor vehicle is being operated upon 

any public highway, street, boulevard, road, alley or on the 

premises of any shopping center, trailer park, apartment 

complex, or any other premises generally frequented by the 

public at large within the territorial boundaries of the 

municipality. 

(ii) For purposes of this section: 

(A) "Open container" means any container 

containing an alcoholic beverage the contents of which are 

immediately capable of being consumed or the seal of which 

has been broken; 

(B) A motor vehicle is in operation if its engine is 

operating, whether or not the motor vehicle is moving. 

(b) Any person who shall violate any of the provisions of this 


court and upon conviction shall be fined not less than fifty ($50.00) nor 

more than one hundred ($100.00) dollars for each such violation. 

(c) Nothing herein contained shall be construed so as to prevent 

the prosecution of any conduct declared by this section to be a municipal 

offense which conduct would also constitute a violation of the criminal 

laws of the State of Tennessee from being charged and prosecuted as a 

violation of the criminal laws of the State of Tennessee in the appropriate 

state court.

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(3) Consumption or open container in public places–penalty. 

(a) (i) It shall be unlawful within the territorial boundaries 

of the municipality, for any person to consume any alcoholic beverage or 

possess an open container of any alcoholic beverage upon any public 

highway, street, boulevard, road, alley, or bridge; or upon the grounds of 

any cemetery, school, park, or playground; or upon the grounds of any 

church, shopping center or other premises generally frequented by the 

public at large; or upon any vacant lot located within two hundred (200) 

feet of any such public highway, street, boulevard, road, alley, bridge, 

cemetery, school, park, playground, church, shopping center or other 

premises frequented by the public at large; or in any vacant or abandoned 

structure not owned by the person consuming such alcoholic beverage or 

possessing such open container. 

(ii) For purposes of this section "open container" means 

any container containing an alcoholic beverage the contents of 

which are immediately capable of being consumed or the seal of 

which has been broken; 



court and upon conviction shall be fined not less than fifty dollars 

($50.00) nor more than one hundred dollars ($100.00) for each such 

violation. 

(4) Public intoxication–penalty. (a) It shall be unlawful for any 

person to appear in a public place within the territorial boundaries of the 

municipality while under the influence of any alcoholic beverage or 

intoxicating substance to the degree that: 

(i) Such person may be endangered; 

(ii) There is endangerment to other persons or property; 

or, 

(iii) Such person unreasonably annoys other people in the 

vicinity. 



court, and upon conviction shall be fined not less nor more than fifty 

dollars ($50.00) for each such violation. 

(c) Nothing herein contained shall be construed so as to prevent 

the prosecution of any conduct declared by this section to be a municipal 

offense which conduct would also constitute a violation of the criminal 

laws of the State of Tennessee from being charged and prosecuted as a 

violation of the criminal laws of the State of Tennessee in the appropriate 

state court. (Ord. #99-5, Sept. 1999)

8-1 State law reference Tennessee Code Annotated, title 57 ... - MTAS

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