Legal Documents of Maryville
Code of Maryville
Title 8 Alcoholic Beverages
Chapter 2 Beer
8-207 : Beer permits.
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No permit shall be issued except on application in writing of the owner or owners of the business made to the Maryville Beer Board which application shall be sworn to by the applicant. All applications shall be made on a form provided for that purpose and shall be filed with the secretary of the beer board. In no event shall a permit be issued without the written approval of the application by a majority of the beer board. The business must operate in the same name as identified on the permit application.
Prior to the consideration of an application, the City of Maryville shall collect an applicant fee of two hundred fifty dollars ($250.00) in accordance with Tennessee Code Annotated, § 57-5-104. For special event permits, the city may, in the discretion of the city manager, provide an incentive payment of up to two hundred fifty dollars ($250.00) per approved application to the applicant with such payment being made upon the conclusion of the special event if the permit holder participates in the special event and complies with all of the requirements of this title.
- Except for special event permits, permits shall be issued for an indefinite period of time, except that the Maryville Beer Board may issue a permit for a shorter or probationary period if, in its discretion, it deems such action proper and reasonable under the circumstances.
- Except for special events permits, there is hereby imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of one hundred dollars ($100.00). Any person, firm, corporation, joint stock company, syndicate, or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax on January 1, 1994, and on each successive January 1, to the City of Maryville, Tennessee. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month, or portion thereof, remaining until the next tax payment date, all as provided in Tennessee Code Annotated, § 57-5-104.
- Except for catering permits, no permit now in force or hereinafter issued shall be good or valid except at the location described in the application upon which it is based, nor shall any such permit be transferrable. If any permit holder is a corporation or limited liability company, a change in ownership requiring the issuance of a new permit shall occur when control of fifty percent (50%) or more of the stock of the corporation or limited liability company is transferred to a new owner.
- The applicant or a representative may be required to appear in person before the board and subject himself to examination upon any and all questions appertaining to his qualifications under this chapter and amendments thereto.
- No permit may be granted hereunder to any establishment when any person, firm or corporation having at lest a five percent (5%) ownership in the establishment has been convicted within ten (10) years prior to the application for a permit hereunder of a violation of the laws governing the possession, sale or manufacture of alcoholic beverages, or of any felony or crime involving moral turpitude, or has had a beer permit revoked or suspended within the past ten (10) years. No person employed by any beer business shall be a person who has been convicted of any violation of the laws against possession, sale, manufacture and transportation of alcoholic beverages or any felony or crime involving moral turpitude within the last ten (10) years.
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Except for caterer's permits and special event permits, every permit issued pursuant to this chapter shall be displayed in a conspicuous place in the place of business owned and described in the permit.
For caterers, the permit shall be prominently displayed at a location of the catered event.
For special events permits, the permit shall be displayed in a conspicuous way at the location where the beer is sold.
Except for caterer's licenses, a permit shall be valid only for a single location and cannot be transferred to another location except where an owner operates two (2) or more restaurants or businesses within the same building then the owner may, in the owner's discretion, operate some or all of such businesses pursuant to this same permit. A permit shall be valid for all decks, patios and other outdoor serving areas which are contiguous to the exterior of the building in which the business is located and are operated by the business.
- No permit or license shall be issued pursuant to this chapter unless the applicant establishes to the satisfaction of the board that he has obtained all permits and paid all required fees and privilege taxes, and has met all of the requirements of the laws of the State of Tennessee and the United States.
- The holder of a permit issued pursuant to this chapter desiring to voluntarily surrender the permit shall tender said permit to the beer board. The beer board shall take such action upon the offer to surrender as it may determine necessary and advisable under the circumstances, and it shall have the absolute authority to refuse to accept the surrender of any permit.
- Upon notice by the Maryville Chief of Police, or his agent, that the city has reasonable cause to conclude that a permit holder is ineligible to hold a permit and/or falsified information in order to obtain a permit, the permit will be immediately temporarily suspended. The permit holder may request a hearing before the board within seven (7) working days of the suspension.
- If any false or misleading information is found in any material submitted to the board by or on behalf of an applicant for a beer permit, the application shall be cancelled and the applicant and any person who submitted false or misleading information shall not be permitted to apply for a beer permit for a period of ten (10) years from the date of the cancellation of the application.
- If any false or misleading information is found in any material submitted to the beer board by or on behalf of a holder of a beer permit, the permit shall be revoked immediately by the beer board and the permit holder and any person who submitted false or misleading information shall not be permitted to apply for a beer permit for a period of ten (10) years from the date of the revocation of the permit.
- A permit holder must return to the beer board all permits issued to the permit holder by the beer board within fifteen (15) days of termination of the business, change in ownership, relocation of the business or change of the business's name; provided, that notwithstanding the failure to return a beer permit, the permit shall expire on the termination of the business, change in ownership, relocation of the business or change in the business's name.
- Except for special events permits or caterer's permits, generally there shall be one (1) permit holder per location with a beer permit. During a period of time where a beer business is in the process of being sold or transferred, there may be two (2) permits issued for the same location for a period of up to sixty (60) days of overlap. If there is a violation of this chapter during that overlapping period of time, the permit holder who had actual control over the person or persons violating the chapter will be held responsible. In the event that it cannot be reasonably determined which permit holder is in control of such person or persons, then both permit holders shall be responsible for the violation. If more than sixty (60) days passes from the date of issuance of the second permit for the same location for a beer business and two (2) permits remain in place for the same address, the newer permit shall become null and void with no refund or compensation due to its holder. (1999 Code, § 8-207)
Officials at Date of Last Codification:
Mayor - Andy White
Vice-Mayor - Fred Metz
Council Member - Sarah Herron
Council Member - Tommy Hunt
Council Member - Drew Miles
City Manager - Greg McClain
Assistant City Manager - Kevin Stoltenberg
City Recorder/Financial Services Director - Sherri Phillips
City Attorney - Melanie Davis