Knowledgebase-Applicant for Beer Permit at Site in Proximity to Church


Information Product

Title:Applicant for Beer Permit at Site in Proximity to Church
Summary:MTAS was asked this question: Where a church located itself within 300 feet
of an establishment selling beer and that establishment subsequently went out
of business, is an applicant for a beer permit at the same establishment entitled
to the permit.
Original Author:Hemsley, Sid
Co-Author:
Product Create Date:04/03/96
Last Reviewed on::05/30/2017
Subject:Beer; Beer--Licenses and permits; Businesses--Laws and regulations; Businesses--Licenses and permits; Zoning--Laws and regulations; Church buildings
Type:Legal Opinion
Legal Opinion:

Reference Documents:

Text of Document: April 3, 1996

You have the following question: Where a church located itself within 300 feet of an establishment selling beer and that establishment subsequently went out of business, is an applicant for a beer permit at the same establishment entitled to the permit?

The answer is yes, unless six continuous months have passed during which there were no beer sales at the establishment.

There is a 300 feet distance regulation in Section 8-221 of the your municipal code. The last sentence of Section 8-221 says:

No permit shall be suspended, revoked or denied on the basis of proximity of the establishment to a school, church, or other place of public gathering if a valid permit had been issued to any business on that same location as of January 1, 1993, unless beer is not sold, distributed or manufactured at that location during any continuous six-month period after January 1, 1993.

That sentence essentially tracks Tennessee State Law on the same subject Tennessee Code Annotated, section 57-5-109 declares that:

A city or county shall not suspend, revoke or deny a permit to a business engaged in selling, distributing or manufacturing beer on the basis of the proximity of the business to a school, church, or other place of public gathering if a valid permit had been issued to any business on that same location as of January 1, 1993. This section shall not apply if beer is not sold, distributed or manufactured at that location during any continuous six-month period after January 1, 1993.

It is clear that under both Tennessee Code Annotated, section 57-5-109 and Section 8-221 of your municipal code an applicant for a beer permit at a location at which beer was sold on or after January 1, 1993, is entitled to a permit, unless "beer is not sold, distributed or manufactured at that location during any continuous six-month period after January 1, 1993." For that reason, if the beer establishment in question held a valid beer permit on January 1, 1993, applicants for a beer permit at that site are entitled to a beer permit (assuming the applicant meets all other conditions of the city's beer ordinance) unless six continuous months have lapsed without beer sales at the establishment.

Let me know if I can help you further in this or any other matter.

Sincerely,



Sidney D. Hemsley
Senior Law Consultant

SDH/

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.