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CHAPTER 1 SECTION 8-101. Definitions. Whenever used in this title, the following terms shall have the following meanings unless the context necessarily requires otherwise. Words importing the masculine gender shall include the feminine and the neuter, and the singular shall include the plural. (1) "Alcoholic beverage" means and includes alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits or wine and capable of being consumed by a human being, other than patented medicine, beer or wine, where either of the latter has an alcoholic content of five percent (5%) by weight or less. (2) "Applicant" means the party applying for a certificate of good moral character or a license. (3) "Application" means the form or forms an applicant is required to file in order to obtain a certificate of good moral character or a license. (4) "Bottle" means any container, vessel, bottle or other receptacle used for holding any alcoholic beverage. "Unsealed bottle" means a bottle with the original seal, cork, cap or other enclosing device either broken or removed, or on which the federal revenue strip stamp has been broken. (5) "Certificate of good moral character" means the certificate provided for in of Tennessee Code Annotated, title 57, chapter 2 in connection with the prescribed procedure for obtaining a state liquor retailer's license. (6) "City" means the City of Jackson, Tennessee. (7) "City recorder" means the city recorder of the city. (8) "City council" or "council" means the city council of the City of Jackson. (9) "Corporate limits" means the corporate limits of the city as the same now exist or may hereafter be changed. (10) "Distiller" means any person who owns, occupies, carries on, works, conducts or operates any distillery, either by himself or by his agent. (11) "Distillery" means and includes any place or premises wherein any alcoholic beverage is manufactured for sale. (12) "Establishments dealing in alcoholic beverages or beer." Any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the state for sale and/or service of alcoholic beverages or beer, and any bottle club; hotel; motel; restaurant; night club; country club; cabaret; meeting facility utilized by any religious, social, fraternal; or similar organization; business or commercial establishment where any substance, element, product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage or beer on the premises of said business or commercial establishment; or business or commercial establishment where the consumption of alcoholic beverages or beer is permitted. A private residence, whether permanent or temporary in nature, is not an establishment dealing in alcoholic beverages or beer. (13) "Federal statutes" means the statutes of the United States now in effect or as they may hereafter be changed. (14) "Inspection fee" means the monthly fee a licensee is required by this chapter to pay, the amount of which is determined by a percentage of the gross sales of a licensee. (15) "License" means a license issued by the state under the provisions of this chapter for the purpose of authorizing the holder thereof to engage in the business of selling alcoholic beverages at retail in the city. (16) "License fee" means the fee a licensee is required by this chapter to pay at or prior to the time of the issuance of a license. (17) "Licensee" the holder of a license. (18) "Liquor district" means and includes the geographical area within the corporate limits of the city for each of the six (6) separate areas designated as districts one (1) through six (6), inclusive, all as shown on a map, dated September 7, 1979, entitled: "Liquor Store District Map of the City of Jackson," including any future amendments to the map. (19) "Liquor store" means the building or the part of a building where a licensee conducts any of the business authorized by his license. (20) "Manufacturer" mean and includes a distiller, vintner and rectifier of alcoholic beverages. "Manufacture" means and includes distilling, rectifying and operating a winery or any device for the production of alcoholic beverages. (21) "Person" shall mean and include an individual, partner, association or corporation. (22) "Rectifier" means and includes any person who rectifies, purifies or refines any alcoholic beverage by any process other than as provided for on distillery premises, and also any person who, without rectifying, purifying or refining an alcoholic beverage, shall, by mixing an alcoholic beverage with any other material, thereby manufacture any imitation thereof, or who compounds an alcoholic beverage for sale under the name of: whiskey, brandy, gin, rum, wine, spirits, cordials, bitters or any other name. (23) "Retail sale" or "sale at retail" means a sale of any alcoholic beverage to a consumer or to any person for any purpose other than for resale. (24) "Sale" or "sell" means and includes the exchange or barter of alcoholic beverages, and also any delivery made otherwise than gratuitously of alcoholic beverages; and soliciting or receiving of an order for alcoholic beverages; and the keeping, offering or exposing alcoholic beverages for sale. (25) "School" means public schools within the city school system and/or other school grades K-12, inclusive. (26) "State" means the State of Tennessee. (27) "State alcoholic beverage commission" means the Tennessee Alcoholic Beverage Commission, provision for which is made in the state statutes, including without limitation the provisions of Tennessee Code Annotated, title 57, chapter 1. (28) "State liquor retailer's license" means a license issued under the state statutes (including the provisions contained in Tennessee Code Annotated, title 57, chapter 1) for the purpose of authorizing the holder thereof to engage in the business of selling alcoholic beverages at retail. (29) "State rules and regulations" mean all applicable rules and regulations of the State of Tennessee applicable to alcoholic beverages as now in effect or as they may hereafter be changed, including without limitation the local option liquor rules and regulations of the state. (30) "State statutes" mean the statutes of the State of Tennessee now in effect or as they may hereafter be changed. (31) "Vintner" means any person who owns occupies, carries on, works, conducts or operates any winery, either by himself or by his agent. (32) "Wholesale sale or sale at wholesale" means a sale to any person for purposes of resale. (33) "Wholesaler" means any person who sells at wholesale any alcoholic beverage for the sale of which a license is required under the provisions of Tennessee Code Annotated, title 57, chapter 1. (34) "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 and seasonal conditions, including also champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced or unless designated as an artificial or imitation wine. (35) "Winery" means and includes any place or premises wherein wine is manufactured or brandies are distilled as the byproduct of wine or where cordials are compounded. (Ord. no. 1972-20 § 1; Ord. no. 1972-21, § 1; Ord. no. 1979-2, § 1; Ord. no. 1979-22, § 1; Ord. no. 1991-12, § I) 8-102. Federal, state and local regulations applicable. It shall be unlawful for any person either to engage in the business of selling, storing, transporting or distributing any alcoholic beverage within the corporate limits of the city, or to sell, store, transport, distribute, purchase or possess any alcoholic beverage within the corporate limits of the city, except as provided by the state statutes, by the state rules and regulations, by the federal statutes and by this chapter. (Ord. no. 1972-20, § 1)8-103. Manufacture prohibited. It shall be unlawful for any person to manufacture any alcoholic beverage within the corporate limits of the city. (Ord. no. 1972-20, § 1) 8-104. Granting of wholesaler's license; wholesalers located outside city conducting business in city. (1) Unless hereafter authorized by an ordinance of the city, no wholesaler's license shall be granted to any person for the operation within the corporate limits of the city of any business for the sale at wholesale of any alcoholic beverage. (2) Any wholesaler, whose business is located outside the city and who holds a valid state license, and who has paid to the city all privilege taxes and fees applicable to such wholesale business, may sell at wholesale any alcoholic beverage to a licensee in the city, and such licensee may purchase any alcoholic beverage from such wholesaler, but only as provided by the state statutes, the state rules and regulations, the federal statutes and by this chapter. (Ord. no. 1972-20, § 1) 8-105. Sale by licensee legalized. It shall be lawful for a licensee to sell any alcoholic beverage at retail in a liquor store within the corporate limits, provided such sales are made in compliance with applicable federal statutes, state statutes, state rules and regulations and the provisions of this chapter. (Ord. no. 1972-20, § 1) 8-106. Qualifications of applicant for certificate of good moral character. To be eligible to apply for or to receive a certificate of good moral character, an applicant must satisfy the requirements of this chapter, and of the state statutes and state rules and regulations for a holder of a state liquor retailer's license, and must have been a resident of Madison County at least two (2) consecutive years immediately preceding the date when the application is filed with the city recorder. If the applicant is either a partnership or a corporation, then each partner of the partnership and each stockholder, director and officer of the corporation shall have been a resident of the county during the two (2) consecutive years immediately preceding the date when the application is flied with the city recorder. If the applicant is a corporation, then such corporation shall be incorporated under the laws of the state and shall have its principal office in the city. (Ord. no. 1972-20, § 1; Ord. no. 1972-21, § 1) 8-107. Application for certificate of good moral character.2 (1) Each applicant for a certificate of good moral character shall file with the city recorder a completed form of application, on a form to be provided by the city recorder, which shall contain the following information: (a) The name and street address of each person to have any interest, direct or indirect, in the licensee as owner, partner or stockholder, director, officer or otherwise; (b) The name of the liquor store to be operated under the license; (c) The address of the liquor store to be operated under the license and the zoning and liquor map designation applicable to such location; (d) The statement that each applicant has been a resident of the county during the two (2) consecutive years immediately preceding the date the application is filed; (e) The names and addresses of at least three (3) residents of the county who have known each applicant for at least two (2) years; (f) The agreement of each applicant to comply with the state statutes, federal statutes, this chapter and with the state rules and regulations with reference to the sale of alcoholic beverages; and (g) The agreement of each applicant that he will be actively engaged in the retail sale of alcoholic beverages at the liquor store described in the application within ninety (90) days after the license is granted to such applicant. (2) The application form shall be accompanied by a copy of each application and each questionnaire form and other material to be filed by the applicant with the state alcoholic beverage commission in connection with this same application, and shall also be accompanied by five (5) copies of a plan drawn to a scale of not less than one (1) inch equals twenty (20) feet, giving the following information: (a) The shape, size and location of the lot upon which the liquor store is to be operated under the license; (b) The shape, size, height and location of all buildings, including exterior sign location, whether they are to be erected, altered, moved or existing, upon the lot; (c) The off-street parking space and the off-street loading and unloading space to be provided, including the vehicular access to be provided from these areas to a public street; and (d) At a scale of one (1) inch equals fifty (50) feet, the identification of every parcel of land within three hundred (300) feet of the lot upon which the liquor store is to be operated indicating ownership thereof and the locations of any structures situated thereon, and the use being made of every such parcel. (3) The application form shall be signed and verified by each person to have any interest in the licensee either as owner, partner or stockholder, director, officer or otherwise. (4) If at any time the applicable state statutes shall be changed so as to dispense with the requirement of a certificate of good moral character, no original or renewal license shall be issued until an application in the same form has been filed with the city recorder. (5) The city recorder shall review each application, note any apparent questions, errors and insufficiencies and submit same to the council for consideration and action. (Ord. no. 1972-20, § 1; Ord. no. 1972-21, § 1) 8-108. Misrepresentation or concealment of material facts. A misrepresentation or concealment of any material fact in any application shall constitute a violation of this chapter, and the city recorder shall forthwith report such violation to the state alcoholic beverage commission together with the request that the state alcoholic beverage commission take action necessary to revoke or refuse to grant or renew a license to an applicant guilty of such misrepresentation or concealment. (Ord. no. 1972-20, § 1) 8-109. General restrictions on issuance of certificates of good moral character. (1) The board is authorized to refuse to consider the issuance of a certificate of good moral character whenever there has been previously issued two (2) outstanding certificates of good moral character, or where there are two (2) outstanding licenses for the liquor district in which the applicant seeks a license to operate a liquor store. (2) No certificate of good moral character shall be issued unless a license issued on the basis thereof to such applicant can be exercised without violating any provision of this chapter, the state statutes, the state rules and regulations or the federal statutes. (3) Issuance of certificate to Person convicted of felony involving moral turpitude; effect of conviction following issuance of license. No certificate of good moral character shall be issued to a person who has been convicted of a felony involving moral turpitude within ten (10) years prior to the time he or the legal entity with which he is connected files application therefor; provided, however, that this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction; and provided, further, that in the case of any such conviction occurring after a license has been issued and received, the said license shall immediately be revoked, if such convicted felon be an individual licensee, and if not, the partnership, corporation or association with which he is connected shall immediately discharge him as an employee, and such convicted felon shall forthwith divest himself of all interest in the business of the licensee, either as a partner, officer, director, stockholder or otherwise. (4) Issuance of certificate to person convicted of offense under federal, state or local regulations; effect of conviction following issuance of license. No certificate of good moral character shall be issued to any person who, within ten (10) years preceding application therefor, shall have been convicted of any offense under the state statutes, state rules and regulations, the federal statutes, this chapter or of the statutes of any other state or of the United States prohibiting or regulating the sale, possession, transportation, storing, manufacturing or otherwise handling of alcoholic beverages, or who has, during said period, been engaged in business alone or with others in violation of any of the state statutes, state rules and regulations, the federal statutes or the laws, rules and regulations of any other state, county or city of the United States; and provided further that in case of any such conviction occurring after a license has been issued and received, it shall be recommended that the said license shall immediately be revoked. (5) Public officers and employees: Ineligible to receive certificate, interest in retail business. No certificate of good moral character shall be issued to a person who is a holder of a public office, either appointive or elective, or who is a public employee, either national, state, city or county; and it shall be unlawful for any such person to have any interest in the liquor retail business, directly or indirectly, either proprietary or by means of any loan, mortgage, or lien, or to participate in the profits of any such business. (6) The city recorder shall not sign and/or certify any certificate of good moral character for any applicant until: (a) Such applicant's application has been filed with the city recorder; (b) The location stated in the certificate has been approved by the board as a suitable location for the operation of a liquor store; and (c) The application has been considered at a meeting of the board and approved by the vote of at least two (2) members thereof. (Ord. no. 1972-20, § 1; modified) 8-110. Application fee. A nonrefundable fee of two hundred fifty dollars ($250.00) shall accompany the application for a certificate of good moral character. (Ord. no. 1982-20, § 1; modified) 8-111. Miscellaneous restrictions on licensees and their employees. (1) Manufacturer's, wholesaler's interest in licensee's rental or revenues. It shall be unlawful for any manufacturer or wholesaler to have any interest in the licensee's rental or revenues. (2) Disclosure of interest in business. It shall be unlawful for any person to have ownership in, or to be a partner in or a stockholder, director or officer, or to participate, either directly or indirectly, in the profits of, any business for which a license is granted hereunder, unless his interest in said business and the nature, extent and character thereof shall appear on the application; or if the interest is acquired after the issuance of a license, unless it shall have been fully disclosed in writing by supplement to the application filed with the city recorder and approved in writing by him before such interest is acquired. Where such interest is owned by any person on or before the application for a license, the burden shall be upon such person to see that this section is fully complied with, whether he, himself, signs or prepares the application, or whether the same is prepared by another; or if such interest is acquired after the issuance of the license, the burden of the required disclosure of the proposed acquisition of such interest shall be upon both the seller and the purchaser. (3) Employment of persons under 18; permitting minors on premises. No licensee shall employ in the storage, sale or distribution of alcoholic beverages a person under the age of eighteen (18) years, and it shall be unlawful for any licensee to permit a minor in its place of business to engage in the storage, sale or distribution of alcoholic beverages. (4) Employment of persons convicted of felony involving moral turpitude; discharge of convicted employee. No licensee shall employ in the sale of alcoholic beverages, any person who, within ten (10) years prior to the date of his employment, shall have been convicted of a felony involving moral turpitude, and in case an employee should be convicted, he shall immediately be discharged; provided, however, that this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored, or judgment of infamy has been removed by a court of competent jurisdiction. (5) Soliciting, receiving orders. No licensee shall employ or otherwise use the services of any canvasser, agent, solicitor or representative for the purpose of receiving an order from a consumer for any alcoholic beverage at the residences or places of business of such consumer, nor shall any such licensee receive or accept any such order which shall have been solicited or received at the residence or place of business of such consumer. This paragraph shall not be construed as to prohibit the solicitation by a state licensed wholesaler of any order from any licensee at the licensee's premises. (6) Manner of making retail sales. All retail sales shall be confined to the premises of the licensee. No curb service shall be permitted, nor shall there be permitted drive-in windows. (7) Location of liquor stores on ground level; requirements for ingress and egress. Liquor stores shall be located in the city on the ground floor level only. Each liquor store shall have only one (1) main entrance for use by the public as a means of ingress and egress for the purpose of purchasing alcoholic beverages at retail; provided, however, that any liquor store adjoining the lobby of a hotel or motel may maintain an additional entrance into such lobby so long as said lobby is open to the public.(8) Additional provisions applicable if licensee a corporation. If a licensee is a corporation, then in addition to the other provisions of this chapter: (a) No person owning stock in, or who is an officer or director in, such corporate licensee shall have any interest as an owner, stockholder, officer, director or otherwise in any business licensed to engage in the sale at wholesale or retail of alcoholic beverages in the state or in any other place; (b) No stock of such corporate licensee shall be transferred by sale, gift, pledge, operation of law or otherwise to any person who has not been a resident of the city for the two (2) consecutive years immediately preceding the date of any such transfer; nor shall any of said stock be so transferred to any person who would not be otherwise qualified as an original stockholder of an initial corporate applicant for a license hereunder. (9) Recorder's duty upon licensee's failure to operate during normal business hours. If any licensee, for any reason, shall not be actively engaged in and keep open its liquor store during normal business hours for a period of fifteen (15) work days in any calendar year, then the city recorder shall forthwith report such fact to the state alcoholic beverage commission and take such other action as may appear necessary or proper to have the license of such licensee revoked. (10) Management of liquor store. Each liquor store licensed hereunder shall be personally and actively managed by the holder of the license, if the licensee is an individual, or by a partner or corporate officer, if the licensee is a partnership or corporation. In every case where any alcoholic beverage is sold by a licensee that is either a partnership or a corporation, the name and address of the managing partner or the corporate officer who will be in active control and management of the liquor store shall be designated in the application, and any future changes in such manager shall be reported forthwith in writing to the city recorder. The holder or manager must be a resident of the City of Jackson. (Ord. no. 1972-20, § 1; Ord. no. 1972-21, § 1; modified) 8-112. License deemed a privilege; revocation or suspension. (1) The issuance of a license hereunder shall vest no property rights in the licensee, and such license shall be a privilege subject to revocation or suspension as provided by the state statutes and state rules and regulations. (2) In the event of any violation of the state statutes, state rules and regulations, federal statutes or of the provisions of this chapter by a licensee, or by any person for whose acts the licensee is responsible, then the city recorder shall forthwith report such violation to the Tennessee Alcoholic Beverage Commission or its successor and shall take such action before the Tennessee Alcoholic Beverage Commission or other appropriate state board to have the license of such licensee suspended or revoked as provided by law. (Ord. no. 1972-20, § 1) 8-113. Display of license. The licensee shall display and post, and keep displayed and posted, his license in a conspicuous place in the licensee's liquor store at all times when any activity or business authorized thereunder is being done by the licensee. (Ord. no. 1972-20, § 1) 8-114. Maximum number of licenses. No more than twelve (12) licenses shall be issued and outstanding at any time under the provisions of this chapter, and only two (2) such licenses shall be issued for each of the six (6) liquor districts provided for in section 8-115 below. No person shall make application, nor shall any person have on file and pending at any time an application, for more than one (1) certificate of good moral character or for more than one (1) license to operate a liquor store, and such application shall be limited to only one (1) location in the city. (Ord. no. 1972-20, § 1) 8-115. Location of liquor stores in liquor and zoning districts.3 (1) For the purposes of this chapter, the city is hereby divided into six (6) separate liquor districts, and the area covered by each liquor district is shown on a map of the city dated September 22, 1972, entitled "Liquor Store District Map of the City of Jackson." Not more than two (2) liquor stores shall be operated and maintained in any one of the six (6) liquor districts shown on said map, and then only if such liquor store also shall be located within a zoning district classified as either a B-3, B-4, B-5, SC-1 and I-0 District, as provided in the Zoning Ordinance of the City of Jackson, Tennessee, and as shown on the Zoning Map of Jackson, Tennessee, as in effect on the date of any application for a license hereunder. (2) The Liquor Store District Map of the City of Jackson shall be maintained on file in the office of the city recorder. (3) All provisions of the Zoning Ordinance of the City of Jackson, Tennessee, including but not limited to those provisions relating to the required yard area, off-street loading and unloading of vehicles and off-street parking, which are applicable to the zoning district in which a liquor store is authorized to operate hereunder, shall be complied with by each licensee as a condition precedent to the operation of any liquor store authorized by this chapter. No radios, televisions, record players, pinball machines or other amusement devices and no seating facilities other than for employees shall be permitted in any liquor store. No political advertising of or for any candidate or party by poster, card, matches or otherwise and no campaign material shall be placed, displayed or dispensed on the premises of any liquor store. (4) A liquor store shall not be located within Liquor Zone 1 within one hundred (100) feet of any church edifice, school, public park, or playground, as measured in a direct line from the center of the front door of the licensee's place of business. A liquor store shall not be located within Liquor Zones 2-4 within three hundred (300) feet of any church edifice, school, public park or playground, as measured in a direct line from the center of the front door of the licensee's place of business.4 To assure that these requirements are satisfied, no original or renewal license and no original or renewal certificate of good moral character for an applicant for a license shall be issued for any location until a majority of the members of the council have approved the proposed location as being suitable for a liquor store after a consideration of this matter at a meeting of the council. (Ord. no. 1972-20, e 1; Ord. no. 1976-10, § 1) 8-116. Transferability of license. A licensee shall not sell, assign, give, pledge or otherwise transfer his license or any interest therein to any other person. No license shall be transferred from the licensee by operation of law through any proceedings in bankruptcy, insolvency or receivership, or by execution, garnishment or other similar proceedings. No license shall be transferred from one location to another location without the prior written approval of the board, and then only within the same liquor district of the city wherein such license was last granted. (Ord. no. 1972-20, § 1) 8-117. Minors, persons visibly intoxicated and habitual drunkards. It shall be unlawful for any licensee to sell, furnish or give away any alcoholic beverage to any person who is under twenty-one (21) years of age, or to any person who is visibly intoxicated. It shall be unlawful for any such person to enter or remain in a liquor store, or to loiter in the immediate vicinity of a liquor store. It shall be unlawful for a licensee to allow any such person to enter or remain in the licensee's liquor store or any part of the licensee's premises adjacent to the liquor store. It shall be unlawful for any such person to buy or receive any alcoholic beverage from any licensee or from any other person. It shall be unlawful for a person under twenty-one (21) years of age to misrepresent his age in an attempt to gain admission to a liquor store or in an attempt to buy any alcoholic beverage from a licensee. It shall be unlawful for any person to purchase any alcoholic beverage from any licensee for the purpose of selling or giving such alcoholic beverage to such person. (Ord. no. 1972-20, § 1; modified) 8-118. Consumption on premises of liquor store. It shall be unlawful for any licensee to sell or furnish any alcoholic beverage for consumption in such licensee's liquor store or on the premises used by the licensee in connection therewith. It shall be unlawful for any person to consume any alcoholic beverage in a liquor store or in the immediate vicinity of a liquor store. It shall be unlawful for any licensee to allow any person to consume any alcoholic beverage in such licensee's liquor store or on the premises used by the licensee in connection therewith. (Ord. no. 1972-20, § 1) 8-119. Public drinking and display prohibited. It shall be unlawful for any person to drink any alcoholic beverage or visibly and openly possess, display, exhibit or show an unsealed bottle containing any alcoholic beverage in the parking area of any drive-in restaurant, or on any public street or sidewalk, or in any public park, playground, theater, stadium, school or school ground. (Ord. no. 1972-20, § 1) 8-120. Inspection fee.5 Under the authority of Tennessee Code Annotated, section 57-3-501, there is hereby levied on each licensee of the city an inspection fee in the amount of five percent (5%) of the wholesale price of alcoholic beverages supplied in the city. The inspection fee shall be collected and paid to the city as prescribed by Tennessee Code Annotated, section 57-3-502--503. (Ord. no. 1972-20, § 1; modified) 8-121. Funds derived from inspection fees. All funds derived from the inspection fees imposed herein shall be paid into the general fund of the city. The city shall defray all expenses in connection with the enforcement of this chapter, including particularly the payment of the compensation of officers, employees or other representatives of the city in investigating and inspecting licensees and applicants and in seeing that all provisions of this chapter are observed. (Ord. no. 1972-20, § 1; modified) 8-122. Violations of federal and state regulations by licensee deemed violation of chapter. Any licensee, who in the operation of such licensee's liquor store, shall violate any federal statute, any state statute or any state rule or regulation concerning the purchase, sale, receipt, possession, transportation, distribution or handling of alcoholic beverages shall be guilty of a violation of the provisions of this chapter. (Ord. no. 1972-20, § 1; modified) SECTION 8-201. Sale, transport, and distribution regulated. It shall be lawful within the City of Jackson to transport, store, sell, distribute, possess, receive, and/or manufacture beer of alcoholic content of not more than five (5) percent by weight, or any other beverage of like alcoholic content, subject however to the rules and regulations and restrictions hereinafter provided and subject to the restrictions and conditions which may be attached to any permit issued hereunder by the beer permit board of the City of Jackson, Tennessee. (1972 Code, § 5-13) 8-202. Beer permit board created; membership; terms. There is hereby created a board of three members, to be known as the beer permit board of the City of Jackson, Tennessee. The three members of such board shall be appointed of the council of the City of Jackson upon the recommendation of the mayor. The term of office of each board member shall be one (1) year from the date of appointment. (1972 Code, § 5-14; Ord. no. 1989-1, § 1) 8-203. Permit required to sell, store, distribute, manufacture beer. No person shall engage in the storing, selling, distributing or manufacturing of beer of alcoholic content of not more than such weight, volume or alcoholic content as is allowable by the statutory laws of the State of Tennessee, or other beverage of like alcoholic content within the city, until he shall receive a permit to do so from the beer permit board, which permit shall at all times be subject to all of the limitations and restrictions herein provided and such special restrictions or conditions as may be applied to a specific permit. (1972 Code, § 5-15) 8-204. Classes of permits. There shall be three (3) classes or kinds of permits issued by the beer permit board as follows: (1) Manufacturers. A manufacturer's permit to a manufacturer of beer, or any other beverage of an alcoholic content of not more than five (5) per cent by weight, for the manufacture, possession, storage, sale, distribution and transportation of the product of such manufacture, not to be consumed by the purchaser upon or near the premises of such manufacturer. (2) Off-sale. An "off-sale" permit to any person or legal organization engaged in the sale of such beverages where they are not to be consumed by the purchaser upon or near the premises of such seller. (3) On-sale. An "on-sale" permit to any person or legal organization engaged in the sale of such beverages where they are to be consumed by the purchaser or his guests upon the premises of the seller, and provided such beverages may also be sold in hotel rooms or regularly conducted hotels and in regularly incorporated clubs and lodges upon their obtaining the required permit. (1972 Code, § 5-16) (4) Special occasion permit. Special occasion permit to engage in the sale of such beverages, for a limited period of time, where they are to be consumed by the purchaser or his guests upon the premises for which the permit was issued. (Ord. no. 1992-29) 8-205. Limitations upon issuance of beer permits. No permit shall be issued by the beer permit board: (1) In violation of any provisions of state law. (2) In violation of the zoning ordinance of the City of Jackson. (3) At any location where the sale of beer or other beverage will cause congestion of traffic, interference with schools, churches, or other places of public gathering, or otherwise interfere with public health, safety, and morals. The judgment of the beer permit board in such matters shall be final except as same as subject to review in courts of law. (4) At any location which does not offer restrooms for both sexes complete with commode and wash basin, provided however, the Beer Board of the City of Jackson may waive the requirement for the washbasins when issuing special occasion permits for open-air functions. (1972 Code, § 5-17; Ord. no. 1986-24, § 1, Ord. no. 1992-29) (5) No permit shall be issued for the sale of beer on any city property except a special occasion permit which may be issued to a bonafide charitable or nonprofit organization. Prior to making application for a permit, the applicant shall have written approval of the head of the City Department having authority and control over the property for which the permit is to be issued. (Ord. no. 1992-29) 8-206. Contents of application for permit; qualifications of applicant; application fee. Before any permit is issued by the beer permit board, the applicant therefor shall file with the beer permit board a sworn petition in writing on forms prescribed by and furnished by the board, and shall establish the following: (1) The location of the premises at which the business shall be conducted. (2) The owner or owners of such premises. (3) That the applicant will not engage in the sale of such beverages except at the place or places for which the beer permit board has issued a permit or permits to such applicant. (4) That no sale of such beverages will be made except in accordance with the permit granted. (5) That if the application is for a permit to sell "not for consumption on the premises," no sale will be made for consumption on the premises and that no consumption will be allowed on the premises. (6) That no sale will be made to minors, and that the applicant will not permit minors or disorderly or disreputable persons heretofore connected with the violation of liquor laws to loiter around the place of business. (7) The beer permit board may require the applicant to secure a certificate or a statement from the health officer that the premises which the applicant covers meets the requirements of section 8-221 of this chapter. (8) That the applicant will not allow gambling or gambling devices on his premises. (9) That the applicant will not allow any beer with alcoholic content greater than such weight, volume or alcoholic content as is allowed by the laws of the State of Tennessee, to be consumed on his premises. (10) That neither the applicant nor any persons employed or to be employed by him in such distribution or sale of such beverage, has ever been convicted of any violation of the law against prohibition, sale, manufacture or transportation of intoxicating liquor, or of any crime involving moral turpitude within the past ten (10) years. (11) That the applicant will conduct the business in person for himself, or if he is acting as agent, the applicant shall state the person, firm or corporation, syndicate, association or joint stock companies for whom and only for whom, the applicant intends to act. (12) No manufacturer, wholesaler or retailer, or any employee thereof, engaged in the physical manufacture, storage, sale or distribution of alcoholic beverages shall be a person under the age of eighteen (18) years, and it shall be unlawful for any wholesaler or retailer to employ any person under eighteen (18) years of age for the physical storage, sale or distribution of alcoholic beverages, or to permit any such person under said age on its place of business to engage in the manufacture, storage, sale or distribution of alcoholic beverages. (13) All persons employed by any person engaged in the sale of beer or other beverages of alcoholic content must have a certificate of good health, generally known as a health card, which certificate must be signed by the Madison County health officer, and which certificate, if temporary in nature, shall not be good for more than a twenty-one (21) day period from the date of issue. Each applicant at the time of filing an application for a permit as provided hereunder shall pay a nonrefundable application fee of two hundred fifty dollars ($250.00) to defray the cost of investigation of such application and no such application shall be considered until said fee has been paid to the city recorder. In addition to the application fee, there shall be a privilege tax of one hundred dollars ($100), as prescribed in Section 57-5-103, Tennessee Code Annotated. Any person, form, corporation, joint stock company, syndicate or association engaged in selling, distribution, storing or manufacturing beer shall remit the tax on January 1, 1994, and an equal amount each successive January 1 to the City Recorder. Notice for this tax shall be given, payments shall be made, and delinquencies shall be cured or permits revoked, according to this Section of Tennessee Code, as amended. (1972 Code, § 5-18; Ord. no. 1978-26, § 1; Ord. no. 1986-24, § 1; modified; Ord. no. 1993-23) 8-207 Suspension, revocation or expiration of permits and civil penalty. (1) All permits subject to suspension, revocation. All permits issued by the beer permit board under the provisions of this chapter shall be subject to suspension or revocation by said board for the violation of any of the provisions of the state beer act or any of the provisions of this chapter. The Beer Board may, in lieu of suspension or revocation of a permit, charge up to $1,500 in civil penalty to the permit holder. (2) Authority of board. The board created by this chapter is vested with full and complete power to investigate charges against any permit holder and to cite any permit holder to appear and show cause why his permit should not be suspended or revoked for the violation of the provisions of this chapter or the provisions of the state beer act. (3) Complaints. Complaints filed against any permit holder for the purpose of suspending or revoking such permits shall be made in writing and filed with the board. (4) Notice to appear; contents, service. When the board shall have reason to believe that any permit holder shall have violated any of the provisions of this chapter or any of the provisions of the state beer act, the board is authorized, in its discretion, to notify the permittee of said violations and to cite said permittee by written notice to appear and show cause why his permit should not be suspended or revoked for such violations. Said notice to appear and show cause shall state the alleged violations charged and shall be served upon the permittee either by registered letter or by a member of the police department of the city. The notice shall be served upon the permittee at least five (5) days before the date of the hearing. (5) Effect of board action. The action of the board in all such hearings shall be final, subject only to review by the court. When a permit is revoked, no new permit shall be issued hereunder for the sale of beer at the same location, until the expiration of one (1) year from the date said revocation becomes final. (1972 Code, § 5-19; Ord. no. 1972-9, § 1; modified) 8-208. Permits for hotels, clubs, lodges. It shall be lawful for the beer permit board to issue a permit for the sale of any beverage coming within the provisions of this chapter to hotels, clubs or lodges, subject to the limitations and restrictions contained in the state law and the rules and regulations promulgated thereunder, and subject to all the limitations and restrictions contained in the permit required by this chapter and any amendment to this chapter. (1972 Code, § 5-20; modified) 8-209. Beer permit to be displayed. The permit required by this chapter shall be posted in a conspicuous place on the premises of the permit holder. (1972 Code, § 5-22) 8-210. Beer permits not transferable. Permits issued under the provisions of this chapter are not transferable, either as to location or to successor by purchase or otherwise, of the business for which the permit was issued, and in either case a new permit is required in the manner provided herein. (1972 Code, § 5-23) 8-211. Certain activities by permittees prohibited. It shall be unlawful and it is hereby declared to be a misdemeanor for any person engaged in the business regulated hereunder: (1) To make or to permit to be made, any sales or distribution of such beverages to persons under the age of twenty-one (21) years or to persons intoxicated. (2) To sell or distribute such beverages to persons who are feebleminded, insane or otherwise mentally incapacitated. (4) To sell or distribute beverages at any place where pool or billiards are played, unless the sale or distribution of such beverage is made in the front of such room or place where a partition wall separates the place from the pool or billiard parlor. (5) To permit persons under the age of twenty-one (21) or disorderly or intoxicated persons to loiter on the premises. (6) To permit gambling or gambling devices in, on or about the premises. (7) To permit any person to be employed on the premises in violation of any provision of this chapter. (8) To knowingly permit, or allow to be performed, on the premises for which the beer permit is issued, any of the following acts or conducts: Any acts defined as publicly indicent by Tennessee Code Annotated, section 39-13-511, et seq., or the types of conduct prohibited by Section 8-301 of this Code. (1972 Code, § 5-24; Ord. no. 1972-21, § 2; Ord. no. 1982-3, § 1; Ord. no. 1990-22; modified) 8-212. Location, lighting, layout of licensed premises. (1) Street level location glass front. No license to permit the retail sale or distribution of beverages, coming within the provisions of this chapter, shall be issued for the operation of any place except one on street level and with so much of the front enclosed in glass and of such design that the interior can be easily seen from the sidewalk or street in front of such place. Chartered clubs may be exempt from the provisions of this section, at the discretion of the beer permit board. (2) Minimum lighting. At all establishments selling beverages within the meaning of this chapter there shall be lighting at any place in such establishment which will equal two (2) foot candles of light; the foregoing requirement shall be subject to the approval of the beer board of the city. (1972 Code, § 5-25) 8-213. Unobstructed view into licensed premises required. No curtains, drapes, blinds, screens or other thing shall be used in any place where the sale of beverages coming within the provisions of this chapter, is permitted, that in any way hinders a clear and unobstructed view of the whole interior of such place from any point on the sidewalk or street in front of such place. (1972 Code, § 5-26) 8-214. Sale, consumption must be on ground floor; exceptions. In any building or on any premises where the retail sale of beverages coming within the provisions of this chapter is permitted and under licenses hereafter issued, no alcoholic beverage shall be sold, served or consumed in any basement room or room other than on the ground floor, excepting hotel bedrooms. Chartered clubs may be exempt from the provisions of this section at the discretion of the beer permit board. (1972 Code, § 5-27) 8-215. Wholesalers, distributors, manufacturers--restrictions as to places of business. No wholesaler of alcoholic beverages regulated herein shall maintain more than one place of business. However, the beer permit board in its discretion may issue a special permit to any distributor to allow said distributor to store beer in a warehouse or building apart from the building from which the business is conducted. In addition, such distributors are authorized to store draft beer for refrigeration purposes only, in one additional ice house or refrigeration plant under the following conditions: (1) For the purpose of this chapter, any employee of such ice house or refrigeration plant who may be in any manner connected with the sale or distribution of beer stored therein shall be deemed to be an employee of the wholesaler or distributor when beer is so stored, and any violation of this chapter or any provisions of the beer law by such employees shall be deemed to be a violation by said wholesaler or distributor. (2) Except sales from trucks from duly authorized salesmen, or as otherwise provided herein, no beer shall be transferred from, sold in, stored in, brought to rest in, sold from, possessed in, receipted for at, manufactured, wholesaled or distributed from any other place, building or location, except from said building, place or location set out and called for in the wholesaler's, distributor's or manufacturer's beer permit, and/or said ice house or refrigeration plant, and no beer shall be transferred to a retailer or any other purchaser except from the location called for in said wholesaler's, distributor's or manufacturer's beer permit, and/or said ice house or refrigeration plant, by any wholesaler, distributor or manufacturer, their salesmen or authorized representatives. (1972 Code, § 5-28) 8-216. Hours for delivery; Saturday, Sunday delivery prohibited. It shall be unlawful for any holder of a wholesaler's, distributor's or manufacturer's beer permit, their agents, servants, employees or bailees, to deliver beer, or use, operate or cause to be operated by vehicles carrying beer within the city after 6:00 p.m., or before 6:00 a.m. daily, central standard time. This provision shall not apply to trucks returning to the warehouse in the city. It shall be unlawful for any holder of a wholesaler's, distributor's or manufacturer's beer permit, their agents, servants, employees or bailees, to deliver beer, or use, operate or cause to be operated any vehicle carrying beer within the city at any time on Saturday or Sunday of each week. (1972 Code, § 5-29; modified) 8-217. Only sale to permittee authorized. It shall be unlawful for any wholesaler, distributor or manufacturer of beer, or any of their salesmen or representatives, to sell or deliver beer enroute, or from delivery vehicles, to any persons, other than the holders of valid retail beer permits, and it shall be the duty of such wholesaler, distributor or manufacturer, their salesmen or representatives, to ascertain whether or not such purchaser is a holder of a valid retail beer permit. (1972 Code, § 5-29) 8-218. Reserved. 8-219. Minors; certain acts prohibited. (1) Purchase, possession. It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase any beverage hereunder and the possession of such beverage by any person under the age of twenty-one (21) years upon the premises of an on-premises permittee shall be prima facie evidence of such unlawful purchase. It shall be unlawful for any person under the age of twenty-one (21) years to have in his or her possession beer for any purpose, and it shall be unlawful for any such person to transport beer for any purpose. (2) Falsifying age. It shall be unlawful for any person under the age of twenty-one (21) years to present or offer to permittee, his agent or employee, any written evidence of his age which is false, fraudulent, or not actually his own, for the purpose of purchasing or attempting to purchase or otherwise procuring or attempting to procure such beverage. (3) Court having jurisdiction. Any person under the age of twenty-one (21) years in violation of any one or more of the provisions of this section shall be deemed guilty of a misdemeanor and if eighteen (18) years of age or older, shall be tried by the city court, if seventeen (17) years of age or less, he shall be taken before the Juvenile Judge of Madison County for appropriate disposition. (1972 Code, § 5-32; Ord. no. 1990-22, § 1) 8-220. Hours of sale, consumption in licensed premises. It shall hereafter be unlawful and it is hereby declared to be a misdemeanor for any person, firm, or corporation, or any agent thereof, to sell or distribute any of the beverages regulated hereunder, within the City of Jackson between the hours of 3:00 A.M. and 6:00 A.M. daily, Monday through Saturday, and before Noon on Sunday. No such beverage shall be consumed or opened for consumption on or about the premises of a permittee, in either bottle, glass, or other container after 3:15 A.M. (1972 Code, § 5-33; Ord. no. 1976-7, §§ 1, 2; Ord. no. 1976-12, § 1) 8-221. Sanitation requirements, standards for licensed premises; inspections. (1) Any person holding a permit under this chapter for sale for consumption on the premises, shall keep and maintain the premises in a clean and sanitary condition, the requirements of which shall be the equivalent of that required for a rating of class "B", or better, as established by the Tennessee State Department of Conservation, Division of Hotel and Restaurant Inspections. (2) The city health officer or any properly authorized person is hereby authorized to enter the premises of an on-premises permittee at all reasonable hours, for the making of such inspections as may be necessary. The determination of the sanitary conditions is solely a question for the city. (1972 Code, § 5-34) 8-222. Violation of this chapter declared a misdemeanor. Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the general penalty provisions of this municipal code of ordinances. That penalty is in addition to, and separate from, any action the beer board may take to suspend or revoke a beer license for violation of this chapter. (1972 Code, §§ 5-35 and 5-36) CHAPTER 3 SECTION 8-301. Types conduct prohibited. It shall be unlawful for any person to engage in ny of the following activities in any establishment dealing in alcoholic beverages or: (1) No person shall expose to public view his or her genitals, pubic areas, vulva, anus, anal cleft or cleavage or buttocks or any simulation thereof in an establishment dealing in alcoholic beverages or beer. (2) No female person shall expose to public view any portion of her breast below the top of the areola or any simulation thereof in an establishment dealing in alcoholic beverages or beer. (3) No person maintaining, owning, operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, pubic area, vulva, anus, anal cleft or cleavage or buttocks or simulation thereof within the establishment dealing in alcoholic beverages or beer. (4) No person maintaining, owning, or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breast below the top of the areola or any simulation thereof in an establishment dealing in alcoholic beverages or beer. (5) No person shall engage in and no person maintaining, owning, or operating an establishment dealing in alcoholic beverages shall suffer or permit any sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching, caressing or fondling of the breasts, buttocks, anus or genitals or the simulation thereof within an establishment dealing in alcoholic beverages or beer. (6) No person shall cause and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit the exposition of any graphic representation, including pictures or the projection of film, which depicts human genitals, pubic area, vulva, anus, anal cleft or cleavage, buttocks, female breasts below the top of the areola, sexual intercourse, masturbation, sodomy, beastiality, oral copulation, flagellation, any sexual act prohibited by law, touching, caressing or fondling of the breasts, buttocks, anus, or genitals, or any simulation thereof with any establishment dealing in alcoholic beverages or beer. (Ord. no. 1991-12, II) 8-302. Violation; penalty. Any person violating this chapter shall be guilty of a misdemeanor and shall be punished and penalized according to the general penalty provision of this code of ordinances. (Ord. no. 1991-12, II) |
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SECTIONS OF THE CITY OF JACKSON MUNICIPAL CODE City of Jackson Municipal Code Preface . . . Title 2 - Vacant Property Review and Acquisition |
