Legal Documents of Baxter

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 pursuant to Tennessee Code Annotated, § 57-5-101, within the corporate limits of Baxter, Tennessee, except as defined by the following classes of businesses:

1. Class A off-premises consumption. To qualify for a Class A off-premises permit, an establishment must, in addition to meeting the other regulations in this chapter:
   
   
   
   1. Be a grocery store or a convenience type market; and
   2. In either case, be primarily engaged in the sale of grocery and personal and home care and cleaning articles, but may also sell gasoline.
   3. 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:
   
   
   
   1. Be primarily a restaurant or an eating place;
   2. 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;
   3. Have all seating in the interior of the building under a permanent roof; and
   4. In addition, the monthly beer sales of any establishment which holds a Class A 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 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 two hundred feet (200') of a school.
3. Class B on-premises consumption. The property located at 8401 Ditty Road, Baxter, Tennessee, known as Tennessee Motor Speedway, is not located within one thousand feet (1,000') of a church or other public gathering place, and which is not within one thousand five hundred feet (1,500') of a school. No outside advertising of beer, or of various brands of beer, for sale on the said licensed premises shall be permitted. Any beer or alcoholic beverage sold by the permit holder shall not be removed from the premises, or left on the premises when the purchaser exits the facility. All sales and consumption of beer or alcoholic beverage on the licensed premises shall occur only inside the paid entrance gate of the facility, and shall be subject to such other rules and regulations as the operator of the facility deems necessary. Should Tennessee Motor Speedway be operated as a business other than primarily as a racetrack, such Class B on-premises consumption permit shall be null and void. (2011 Code, § 8-305, as amended by Ord. #2022-11, March 2023, modified)