ALCOHOLIC BEVERAGES

TITLE 8

ALCOHOLIC BEVERAGES

CHAPTER
1. INTOXICATING LIQUORS.
2. BEER.

CHAPTER 1

INTOXICATING LIQUORS

SECTION
8-101. Prohibited generally.

8-101. Prohibited generally. Except as authorized by applicable laws and/or ordinances, it shall be unlawful for any person to manufacture, receive, possess, store, transport, sell, furnish, or solicit orders for any intoxicating liquor within this town. "Intoxicating liquors" shall be defined to include whiskey, spirituous, vinous, or malt liquors and beers which contain more than five percent (5%) of alcohol by weight. (Ord. #93-09-02, Sept. 1993)
CHAPTER 2

BEER

SECTION
8-201. Beer board established.
8-202. Meetings of the beer board.
8-203. Record of beer board proceedings to be kept.
8-204. Requirements for beer board quorum and action.
8-205. Powers and duties of the beer board.
8-206. "Beer" defined.
8-207. Permit required for engaging in beer business.
8-208. Beer permits shall be restrictive.
8-209. Types of consumption permits.
8-210. Public display of license required.
8-211. Interference with public health, safety, and morals prohibited.
8-212. Issuance of permits to persons convicted of certain crimes prohibited.
8-213. Prohibited conduct or activities by beer permit holders.
8-214. Suspension and revocation of beer permits.
8-215. Beer signs.
8-216. Privilege tax.
8-217. Civil penalty in lieu of suspension.

8-201. Beer board established. There is hereby established a beer board to be composed of the town council. The mayor shall be the chairman of the beer board. (Ord. #93-09-02, Sept. 1993)

8-202. Meetings of the beer board. All meetings of the beer board shall be open to the public. The board shall hold regular meetings in the town hall at such times as it shall prescribe. When there is business to come before the beer board, a special meeting may be called by the chairman, provided he gives a reasonable notice thereof to each member. The board may adjourn a meeting at any time to another time and place. (1989 Code, ? 2-202)

8-203. Record of beer board proceedings to be kept. The recorder shall make a record of the proceedings of all meetings of the beer board. The record shall be a public record and shall contain at least the following: The date of each meeting; the names of the board members present and absent; the names of the members introducing and seconding motions and resolutions, etc., before the board; a copy of each such motion or resolution presented; the vote of each member thereon; and the provisions of each beer permit issued by the board. (Ord. #93-09-02, Sept. 1993)

8-204. Requirements for beer board quorum and action. The attendance of at least a majority of the members of the beer board shall be required to constitute a quorum for the purpose of transacting business. Matters before the board shall be decided by a majority of the members present if a quorum is constituted. Any member present but not voting shall be deemed to have cast a "nay" vote. (Ord. #93-09-02, Sept. 1993)

8-205. Powers and duties of the beer board. The beer board shall have the power and it is hereby directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within this town in accordance with the provisions of this chapter. (Ord. #93-09-02, Sept. 1993)

8-206. "Beer" defined. The term "beer" as used in this chapter shall mean and include all beers, ales, and other malt liquors having an alcoholic content of not more than five percent (5%) by weight. (Ord. #93-09-02, Sept. 1993)

8-207. Permit required for engaging in beer business. It shall be unlawful for any person to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the beer board. The application shall be made on such form as the board shall prescribe and/or furnish, and pursuant to Tennessee Code Annotated, ? 57-5-101(b), and shall be accompanied by a non-refundable application fee of two hundred and fifty dollars ($250.00). Said fee shall be in the form of a cashier's check payable to the Town of Oliver Springs. Each applicant must be a person of good moral character and he must certify that he has read and is familiar with the provisions of this chapter. (Ord. #93-09-02, Sept. 1993)

8-208. Beer permits shall be restrictive. All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his permit. It shall likewise be unlawful for him not to comply with any and all express restrictions or conditions which may be written into his permit by the beer board. (Ord. #93-09-02, Sept. 1993)

8-209. Types of consumption permits. Permits may be applied for and issued to grocery businesses, for the sale of beer for off premises consumption only.
The store must have $5,000.00 wholesale inventory of groceries. For the purpose of this chapter a "grocery business" is hereby defined as a place for the selling of general supplies for the table and household use.
Permits may be applied for and be issued to restaurants for the sale of beer for on premises consumption only. The restaurant shall serve both noon and evening meals; offer a family dining atmosphere; and serve meals which may be consumed within the interior of the restaurant at tables or booths. For the purpose of this chapter, a "restaurant" is defined as a structure in a commercial zoned district which is designed for, and engaged primarily in, the preparation and sale of meals served by waiters and waitresses for consumption within the structure. Any business which offers drive-up or drive-through service is not a restaurant for the purpose of this paragraph.
All establishments within the town limits of Oliver Springs engaged in the lawful and licensed sale of beer for either on premises or off premises consumption prior to July 14, 1984, may continue such lawful sale of beer in accordance with their applicable license until such time as they discontinue beer sales for a continuous period of at least 100 days. (Ord. #93-09-02, Sept. 1993)

8-210. Public display of license required. (1) Any business that is issued a permit to sell beer is required to publicly display a license to sell beer in accordance with the laws of the State of Tennessee.
(2)The beer board shall issue said license at the same time that it issues the permit to sell beer to the applicant's business.
(3)The failure of a business to comply with the requirement to publicly display said license shall be a violation of the laws of the State of Tennessee and the Town of Oliver Springs. (Ord. #93-09-02, Sept. 1993)

8-211. Interference with public health, safety, and morals prohibited. No permit authorizing the sale of beer will be issued when such business would cause congestion of traffic or would interfere with hospitals, schools, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals. In no event will a permit be issued authorizing on premise consumption of beer to restaurants within five hundred (500) feet of any hospital, schools, churches, or other places of public gathering. The distance shall be measured in a straight line from the nearest point on the property line upon which sits the building from which the beer will be sold, manufactured or stored to the nearest point on the property line of the hospital, school, church or other place of public gathering. (Ord. #93-09-02, Sept. 1993)

8-212. Issuance of permits to persons convicted of certain crimes prohibited. No beer permit shall be issued to any person who has been convicted for the possession, sale, manufacture, or transportation of intoxicating liquor, or any crime involving moral turpitude within the past ten (10) years. (Ord. #93-09-02, Sept. 1993)

8-213. Prohibited conduct or activities by beer permit holders. It shall be unlawful for any beer permit holder to:
(1)Employ any person convicted for the possession, sale, manufacture, or transportation of intoxicating liquor, or any crime involving moral turpitude within the past ten (10) years.
(2)Employ any person under eighteen (18) years of age in the sale, storage, distribution or manufacture of beer. (This provision shall not apply to grocery stores selling beer for off-premises consumption only.)
(3)Make or allow any sale of beer between the hours of 3:00 A.M. and 6:00 A.M. during any night of the week; 3:00 A.M. till Noon on Sunday.
(4)Allow any loud, unusual, or obnoxious noises to emanate from his premises.
(5)Make or allow any sale of beer to any person who is not allowed to purchase or consume beer under Tennessee State Law.
(6)Allow any person under twenty-one (21) years of age to loiter in or about his place of business.
(7)Make or allow any sale of beer to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.
(8)Allow drunk persons to loiter about his premises.
(9)Serve, sell, or allow the consumption on his premises of any alcoholic beverage with an alcoholic content of more than five percent (5%) by weight.
(10)Allow dancing on his premises.
(11)Allow pool or billiard playing in the same room where beer is sold and/or consumed.
(12)Fail to provide and maintain separate sanitary toilet facilities for men and women.
In addition, it shall be unlawful for any Class 2 on premises permit holder to employ any person under the age of eighteen (18) on the premises in any capacity whatsoever. (Ord. #93-09-02, Sept. 1993, as amended by Ord. #96-10-17, Oct. 1996, modified)

8-214. Suspension and revocation of beer permits. The beer board shall have the power to suspend or revoke any beer permit issued under the provisions of this chapter when the holder thereof is guilty of making a false statement or misrepresentation in his application or of violating any of the provisions of this chapter. However, no beer permit shall be suspended or revoked until a public hearing is held by the board after reasonable notice to all the known parties in interest. Suspension or revocation proceedings may be initiated by the police chief or by any member of the beer board. (1989 Code, ? 2-214)

8-215. Beer signs. No alcoholic beverage signs shall be visible from the outside of any establishment. (Ord. #93-09-02, Sept. 1993)

8-216. Privilege tax. There is hereby imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of one hundred dollars ($100). Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax on January 1, 1994, and each successive January 1, to the Town of Oliver Springs, Tennessee. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date. (Ord. #93-09-02, Sept. 1993)

8-217. Civil penalty in lieu of suspension. The beer 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 $1,500.00 for each offense of making or permitting to be made any sales to minors or, a civil penalty not to exceed $1,000.00 for any other offense. If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be deemed withdrawn. (Ord. #93-09-02, Sept. 1993)