Knowledgebase-Sample City Code Provisions Restricting the Number of Alcoholic Beverage Permits


Information Product

Title:Sample City Code Provisions Restricting the Number of Alcoholic Beverage Permits
Summary:MTAS was asked to compile a list of cities with restrictions on the number of alcoholic beverage and beer permits that can be issued.
Original Author:Norris, Margaret
Co-Author:
Product Create Date:12/11/2009
Last Reviewed on::06/19/2017
Subject:Beer--Licenses and permits; Alcoholic beverages; Licenses and permits--Laws and regulations
Type:General
Original Document: sample city code provisions restricting the number of alcoholic beverage permits.pdf

Reference Documents:

Text of Document: Sample City Code Provisions Restricting the Number of Alcoholic Beverage Permits
(Provisions pertain to beer permits unless otherwise designated)


Baneberry
The maximum number of permits permitted under this chapter shall be three until such time as the population of the city reaches one thousand six hundred (1600) at which time one additional permit may be granted.

Dandridge
The beer board shall not issue permits exceeding ten (10) for retail beer sales for off-premises consumption and ten (10) for retail beer sales on-premises. Businesses annexed into the town's corporate limits, which possess a valid beer permit or license at the time of annexation, shall not be denied a permit based upon the limitation of the number of permits to be issued by the town set forth by this section; however, the annexed businesses with permits shall be included thereafter in the number of permits allowed.

Doyle
The beer board may issue a maximum of one beer permit per up to 2,500 population within the corporate limits of Doyle.

East Ridge
The number of Class 2 licenses for the sale of beer shall be limited to 8. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this ordinance shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Elkton
The number of permittees engaged in the retail sale of beer for off premises consumption only, shall be limited to no more than three (3). The number of permittees engaged in the on premises sale of beer, even though the permit may allow sale for off premises consumption also, shall be limited to no more than five (5).

Harrogate
The number of licenses for the sale of beer shall be limited to two per each one thousand (1,000) people residing within the city limits as of the most recent official federal census. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of the ordinance comprising this chapter shall continue to be renewed. No new permits shall be issued by the beer board until the population is of the amount provided herein. A new permit, however, may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Hornbeak
The number of licenses for the sale of beer shall be limited to three (3). Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this chapter shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Huntsville
There shall be no limit on the number of Class 1 On Premises Permits and Off Premises Permits. There shall be no more than three Class 2 On Premises Permits issued and outstanding at any time.

Jacksboro
The number of permits for the off premise sale of beer shall hereby be limited to three (3) permits, at one time.

Jefferson City
There shall be no limit on the number of permits issued by the beer board.

LaFayette
There shall be no more than one permit per 500 city residents as of the most recent census, issued and outstanding at any time.

La Grange
There shall be no more than three permits issued and outstanding at any time.

Lakewood
Liquor
Not more than two retail liquor licenses shall be issued for each five thousand (5,000) persons or any fraction thereof residing in the City of Lakewood by the federal census of 1960 or any subsequent federal census.

Loretto
The number of permits issued by the beer board shall not exceed two (2) for each one thousand (1,000) citizens residing within the corporate limits of the city as of the most recent official federal census. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this code shall continue to be renewed. No new permits shall be issued by the beer board until the population is of the amount provided herein. A new permit, however, may be issued to a qualified purchaser of an existing establishment in which a permit is now held or the sale of beer, and the permit used only within the establishment or building purchased.



Louisville
There shall be no limit on the number of on premises permits and off premises permits.

Madisonville
There shall be no limit on the number of Class 1 On Premises Permits and Class 3 Off Premises Permits. There shall be no more than three Class 2 On Premises Permits issued and outstanding at any time.

Mason
The number of licenses for the sale of beer shall be limited to one. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of the ordinance comprising this chapter shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Milan
On-premise consumption permits are limited to twelve (12) permits. Current holders of permits are grand fathered and will continue to be so until the total number is reduced to twelve (12) through attrition.

Minor Hill
At no time shall the number of beer permits issued by the beer board and outstanding in the City of Minor Hill for off premises consumption exceed two (2).

Morristown
The beer board shall not issue permits for beer sales that would result in the number of permits in effect numbering more than one hundred (100). The limiting number is based on the 1990 Federal Census and shall be adjusted by one (1) permit for each change of the population by two hundred fifty (250) persons as established by a Federal Census or any special census conducted by the City of Morristown or the State of Tennessee. Businesses which may be annexed, and which possess a valid beer license at the time of their annexation; and business which had been issued a valid permit which is existing at the time of the final passage of this ordinance, but which experience a change of control (ownership) such as would require application for issuance of a new permit, shall not be denied a permit on the basis of the limitation of the number of permits to be issued by the city.

Mount Pleasant
Liquor
The number of licenses for the retail sale of alcoholic beverages within the corporate limits of the City of Mount Pleasant, Tennessee shall be limited to thereof one for each one thousand (1,000) or major fraction thereof population. The population to be ascertained from time to time based upon the latest U.S. Census.
Beer
The maximum number of retail across the counter beer licenses at any time shall be ten (10).
The maximum number of retail packaged beer licenses at any time shall be fifteen (15).
The maximum number of retail combination across the counter and packaged beer licenses at any time shall be three (3).
Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of the ordinance comprising this chapter shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Obion
The beer board shall limit the number of beer permits issued in the Town of Obion as follows:
(1) On-premises permits: not to exceed two (2) permits.
(2) Off-premises permits: not to exceed four (4) permits.
There shall be no limit on the number of permits issued for the storage, distribution, or manufacture of beer.

Pegram
There shall be no limit on the number of class 1 on premises permits and class 3 off premises permits. There shall be no more than three class 2 on premises permits issued and outstanding at any time.

Portland
The number of licenses for the sale of beer shall be limited to 24. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this section shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased. The number of additional permits hereafter allowed shall be increased by one for each 750 citizens of the City of Portland which are added to the census of the city by any new verified census hereafter taken for the City of Portland. Any permit heretofore or hereafter issued by the Alcoholic Beverage Board of the City of Portland shall automatically terminate if not used or exercised by the permit holder within 180 days of the date of issuance of permit or for any period of 90 consecutive days after the expiration of six (6) months from the date of issuance of the permit. The failure of the alcoholic beverage board to enforce the termination of the permit immediately shall not operate as a waiver to enforce the termination of the permit at a subsequent time. A holder of a beer permit may submit a written application to the alcoholic beverage board for an extension of the time periods set forth herein setting forth in the application of the reasons therefore but the reasons given must state with specific clarity the hardship providing the basis for the extension.



Red Boiling Springs
The number of licenses for the sale of beer shall be limited to five (5). Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of this chapter shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit shall be used only within the establishment or building purchased.

Rockford
There shall be no limit on the number of Class 1 On Premises Permits and Class 2 Off Premises Permits.

Sharon
The number of permits issued by the ABC board shall not exceed one Type I permit per four hundred (400) residents of the Town of Sharon, Tennessee, and one Type II permit per sixteen hundred (1600) residents (or major fraction thereof) of the Town of Sharon, Tennessee, based on the Federal Census of 1980 and each subsequent census taken thereafter.

Soddy-Daisy
There shall be no limit on the number of off premises permits. There shall be no more than one on premises permit issued and outstanding at any time for any single location.

South Pittsburg
Liquor
No more than five (5) licenses shall be issued and outstanding at any time under the provisions of this chapter. No person shall make application for, 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.
Beer
There shall be no limit on the number of Class 1 On Premises Permits and Off Premises Permits. There shall be no more than three Class 2 On Premises Permits issued and outstanding at any time.

Tellico Plains
The total number of permits shall be limited to four (4). Permit location shall be limited to property bordering Bank Street from Mecca Pike to State Hwy. 165 and property bordering State Highway within the corporate limits.


Tracy City
Liquor
No more than three (3) retail licenses for the sale of alcoholic beverages shall be issued under this chapter.
Beer
There shall be no limit on the number of Class 1 On Premises Permits and Off Premises Permits. There shall be no more than three Class 2 On Premises Permits issued and outstanding at any time.

Trenton
Liquor
There shall be no more than three (3) retail stores for the sale of alcoholic beverages as herein above defined.
Beer
The number of permits for taverns as defined in 8-208 shall be limited to nine (9).

Trezevant
There shall be no more than five (5) beer establishments in the corporate limits of the Town of Trezevant.

Unicoi
There shall be four (4) permits allowed to be outstanding in the town. The present holders of the two (2) valid county beer permits for establishments that came into the town upon its incorporation on the 4th day of August, 1994, shall upon application fee provided for in 8-107 of this chapter, each be entitled to one (1) of those permits. If and when any of the two (2) permit holders goes out of business for any reason, or has his permit revoked, the permit shall be issued to another applicant qualified to receive one under this chapter. Any beer permit issued under this chapter shall apply only to the person to whom, and at the establishment for which, it was issued.

White Pine
The beer board shall not issue permits for beer sales that would result in the number of permits in effect numbering more than fourteen (14). The limiting number is based on the 1990 Federal Census and shall be adjusted by one (1) permit for each change of the population by two hundred fifty (250) persons as established by a Federal Census or any special census conducted by the Town of White Pine or the State of Tennessee. Businesses which may be annexed, and which possess a valid beer license at the time of their annexation; and business(es) which had been issued a valid permit which is existing at the time of the final passage of the ordinance comprising this chapter, but which experience a change of control (ownership) such as would require application for issuance of a new permit, shall not be denied a permit on the basis of the limitation of the number of permits to be issued by the city.
At least two (2) of the fourteen (14) beer permits described above shall be reserved for full line grocery store(s), at least six (6) of the fourteen (14) beer permits described above shall be reserved for "convenience stores," at least two (2) of the fourteen (14) beer permits described above shall be reserved for "restaurants," and at least two (2) of the fourteen (14) beer permits described above shall be reserved for "restaurants located in a hotel or motel."

Winchester
Liquor
No more than three (3) retail licenses for the sale of alcoholic beverages shall be issued under this chapter.
Beer
The number of licenses for the sale of beer shall not be limited. Provided that all requirements of this chapter are complied with, all existing permits for the sale of beer within the corporate limits of the city at the date of the passage of the ordinance comprising this chapter shall continue to be renewed. A new permit may be issued to a qualified purchaser of an existing establishment in which a permit is now held for the sale of beer, and the permit used only within the establishment or building purchased.

Woodland Mills
With respect to the granting of permits for the sale of beer at retail, the following schedule shall apply:
POPULATION MAXIMUM NUMBER OF PERMITS ALLOWED
1 to 1,500 1
1,500 to 3,000 2