TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 INTOXICATING LIQUORS

Transcription

1 Change 7, June 28, CHAPTER 1. INTOXICATING LIQUORS. 2. BEER. TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 INTOXICATING LIQUORS SECTION Definition of alcoholic beverages Consumption of alcoholic beverages on premises Privilege tax on retail sale of alcoholic beverages for consumption on the premises Annual privilege tax to be paid to the town clerk Definition of alcoholic beverages. As used in this chapter, unless the context indicates otherwise: Alcoholic beverages means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine or beer, where the latter contains an alcoholic content of five percent (5%) by weight, or less. (1975 Code, 2-101, Ord. #153D,, modified, as replaced by Ord. # , June 2011) Consumption of alcoholic beverages on premises. Tennessee Code Annotated, title 57, chapter 4, inclusive is hereby adopted so as to be applicable to all sales of alcoholic beverages for on premises consumption which are regulated by the said code when such sales are conducted within the corporate limits of Spring City, Tennessee. It is the intent of the mayor and board that the said Tennessee Code Annotated, title 57, chapter 4, inclusive, shall be effective in Spring City, Tennessee, the same as if said code sections were copied verbatim. (as added by Ord. # , June 2011) Privilege tax on retail sale of alcoholic beverages for consumption on the premises. Pursuant to the authority contained in Tennessee Code Annotated, , there is hereby levied a privilege tax (in the same amounts levied by Tennessee Code Annotated, title 57, chapter 4, State law reference 1 Tennessee Code Annotated, title 57.

2 Change 7, June 28, section 301, for the Town of Spring City General Fund to be paid annually as provided in this chapter) upon any person, firm, corporation, joint stock company, syndicate, or association engaging in the business of selling at retail in the Town of Spring City alcoholic beverages for consumption on the premises where sold. (as added by Ord. # , June 2011) Annual privilege tax to be paid to town clerk. Any person, firm, corporation, joint stock company, syndicate or association exercising the privilege of selling alcoholic beverages for consumption on the premises in the Town of Spring City shall remit annually to the town clerk the appropriate tax described in Such payments shall be remitted not less than thirty (30) days following the end of each twelve (12) month period from the original date of the license. Upon the transfer of ownership of such business or the discontinuance of such business, said tax shall be filed within in thirty (30) days following such event. Any person, firm, corporation, joint stock company, syndicate, or association failing to make payment of the appropriate tax when due shall be subject to the penalty provided by law. (as added by Ord. # , June 2011)

3 Change 7, June 28, CHAPTER 2 BEER 1 SECTION Beer board Meetings of the beer board Record of beer board proceedings to be kept Requirements for beer board quorum and action Powers and duties of the beer board "Beer" defined Permit required for engaging in beer business Privilege tax Beer permits shall be restrictive Permits issued for sale of beer within corporate limits for off premises and on premises consumption Transfer of permits Proximity to schools, churches restricted Issuance of permits to persons convicted of certain crimes prohibited Prohibited conduct or activities by beer permit holders Revocation of beer permits Civil penalty in lieu of suspension Sign restriction Beer board. The board of commissioners shall serve as the beer board and the mayor shall serve as chairman and the vice mayor shall serve as chairman in the absence of the mayor. (Ord. #254-96, Feb. 1996) Meetings of the beer board. All meetings of the beer board shall be open to the public. The board shall hold regular meetings in such places and 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 at least a twenty-four (24) hour written notice thereof to each member and the press. The board may adjourn a meeting at any time to another time and place. (Ord. #254-96, Feb. 1996) Municipal code references 1 Minors in beer places, etc.: title 11, chapter 1. Tax provisions: title 5. State law reference For a leading case on a municipality's authority to regulate beer, see Watkins v. Naifeh, 635 S.W.2d 104 (Tenn. 1982).

4 Record of beer board proceedings to be kept. The city 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 and/or resolution presented; the vote of each member thereon; and the provisions of each beer permit issued by the board. (Ord. #254-96, Feb. 1996) 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. #254-96, Feb. 1996) 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 municipality in accordance with the provisions of this chapter. (Ord. #254-96, Feb. 1996) "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. #254-96, Feb. 1996) 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, (A), and there shall be a non-refundable application fee of two hundred and fifty dollars ($250.00). 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. #254-96, Feb. 1996) Privilege tax. There is hereby imposed on the business of selling and distributing beer a privilege tax of one hundred dollars ($100). Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale or distribution of beer shall remit the tax at the time a permit is issued and on January 1st of each year thereafter. The cost of the permit will be prorated on a monthly basis when first application is made. (Ord. #254-96, Feb. 1996) Beer permits shall be restrictive. All beer permits shall be restrictive as to the type of beer business authorized them. Separate permits 8-4

5 Change 7, June 28, shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for retail sale of beer may be further restricted by the beer board so as to authorize SALES ONLY for off premises consumption. 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. (Ord. #254-96, Feb. 1996) Permits issued for sale of beer within corporate limits for off premises and on premises consumption. No permit for the sale of beer shall be issued to any person, persons, firm, corporation, joint stock company, syndicate, partnership, or association for the sale of beer or other alcoholic beverage with an alcohol content not exceeding five percent (5%) by weight within the corporate limits of Spring City, Tennessee, except as defined by the following classes of business: (1) Class A off premises consumption. To qualify for a Class A off premises consumption permit an establishment must, in addition to meeting the other regulations in this chapter: (a) Be a grocery store or a convenience type market; and (b) In either case, be primarily engaged in the sale of grocery and personal and home care and cleaning articles, but may also sell gasoline. (c) The business privilege sales, and ad valorem taxes are maintained in a paid status at all times, and the majority of the gross sales of said businesses are derived from the retail sales of groceries, and which is not located within two hundred feet (200') of a church or other public gathering place, and which is not located within five hundred feet (500') of a school. No beer will be sold, warehoused, or distributed from any building other than the one to which the permit is for sale in the said grocery store shall be permitted. Any beer or alcoholic beverage sold by a Class A permit holder shall not be opened or consumed on the licensed premises. (2) Class A on premises consumption. To qualify for a Class A on premises consumption permit, an establishment must, in addition to meeting other regulations and restrictions in this chapter: (a) Be primarily a restaurant or an eating place; and (b) Be able to seat a minimum of thirty (30) people, including children, in booths and at tables, in addition to any other seating it may have; and (c) Have all seating in the interior of the building under a permanent roof; and on premises consumption permit shall not exceed fifty percent (50%) of the gross sales of the establishment. Any such establishment which for two (2) consecutive months or for any three (3) months in any calendar year has beer sales exceeding fifty percent (50%) of its gross sales shall have its beer permit revoked. The business privilege sales, and ad valorem taxes are maintained in a paid status at

6 Change 7, June 28, all times, and the majority of the gross sales of said businesses are derived from the retail sales of groceries, and which is not located within two hundred feet (200') of a church or other public gathering place, and which is not located within five hundred feet (500') of a school. (Ord. #254-96, Feb. 1996, as replaced by Ord. # , July 2011) Transfer of permits. There shall be no transfer of a beer permit from one licensee to another. (Ord. #254-96, Feb. 1996) Proximity to schools, churches restricted. (1) It shall be unlawful to store or sell at wholesale or retail beer in the corporate limits of the city within two hundred fifty (250) feet from the front door of any active school or active church building for sales for all Class 1 off-premises consumption permits or for wholesale distributors within the corporate limits of the city. (2) The distances provided for herein shall be measured in a straight line by beginning at the front door of the business location and going from that point to the front door of any active church house or active school. (3) A drawing shall be furnished the beer board prior to the consideration of the application for a license by the beer board, and verified by the beer board. (Ord. #254-96, Feb. 1996) 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. No person, firm, corporation, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant shall have 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 (10) years. (Ord. #254-96, Feb. 1996) 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 minor under 18 years of age in the sale, storage, distribution or manufacture of beer. (3) Make or allow any sale of beer to a person under twenty-one (21) years of age. (4) Make or allow any sale of beer on Sunday. (5) Allow any person under twenty-one (21) years of age to loiter in or about his place of business.

7 Change 7, June 28, (6) Make or allow any sale of beer to any intoxicated person. (7) Allow the consumption on his premises of any alcoholic beverage. (8) Allow drunk persons to loiter about his premises. Under the provision of Tennessee Code Annotated, (d)(5) the Town of Spring City elects to opt out of any extensions of hours granted by the State of Tennessee Alcoholic Beverage Commission. (Ord. #254-96, Feb. 1996, as amended by Ord. # , June 2011) Revocation of beer permits. The beer board shall have the power to 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 revoked until a public hearing is held by the board after reasonable notice to all the known parties in interest. Revocation proceedings may be initiated, in writing, by the police chief or by any member of the beer board. (Ord. #254-96, Feb. 1996) 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 for each offense of making or permitting to be made any sales to minors or, a civil penalty not to exceed $1,000 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 imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. (Ord. #254-96, Feb. 1996) Sign restriction. No outdoor sign, advertisement or display that advertises beer that is visible from the outside of the building wherein a retail beer outlet is located, may be erected or maintained on the property on which a retail beer establishment is located other than one sign, advertisement or display which makes reference to the fact that the establishment sells beer but does not use brand names, pictures, numbers, prices or diagrams relating to beer. The above restrictions also apply to indoor signs. (Ord. #254-96, Feb. 1996)