Legal Documents of Gatlinburg

Each applicant for a license to sell alcoholic beverages for consumption on the premises of any hotel, restaurant or club must obtain, in addition to the certificate of good moral character, a certificate of compliance signed by the building official in the Department of Community Development. The certificate shall state:

1. That the proposed use is a permitted use or is existing legally and is allowable in the zone in which it is located; and
2. That the establishment for which the certificate is sought provides separate sanitary facilities, for men and women, conforming to the building code, located within the area where business is conducted; and
3. [Reserved]; and
4. That the establishment for which the certificate is sought has a seating capacity at least equal to the minimum requirements set out in state statutes concerning the issuance of liquor-by-the-drink licenses; and
5. That the establishment for which the certificate is sought is no closer to a church or school than is permitted under the minimum separation requirements set forth in § 8-206 below; and
6. That the premises either have:
   
   1. A "certificate of occupancy" issued by the City of Gatlinburg; or

   2. A memorandum signed by the building official in the Department of Community Development stating that the premises were constructed prior to the effective date of this chapter and does not have a certificate of occupancy; and that the city neither offers nor expresses an opinion as to the compliance (or lack thereof) of the premises with regard to any building, health or safety codes.

      It shall be grounds for denial of the Certificate of Compliance that the applicant fails to meet each and every requirement of this section. (1976 Code, § 2-129, as amended by Ord. #2443, Oct. 2012)