Legal Documents of Maryville

1. An applicant that wishes to apply for a common area permit where beer will be sold and consumed on any part of the applicant's privately owned common area shall complete and submit a completed common area permit application to the city recorder's office on forms provided by that office. The applicant shall file with its application a site plan which shall indicate the specific area of the common area they wish to utilize ("permitted area"). The permitted area shall be under the common ownership and control of the applicant. The proposed permitted area shall be consistent with the site plan approved by the fire marshal, codes enforcement and the police department.
2. Any applicant desiring to sell beer under this section of the code shall have obtained all permits and passed all inspections required by the city prior to seeking approval from the beer board.
3. The common area permit application shall include, but not necessarily be limited to, the following information:
   1. The identity of such person or entity that is requesting the permit;
   2. The site plan for the common area, clearly showing where any beer is to be sold and consumed;
   3. The specific location of any vendors, stalls, bathrooms, stages, furniture and equipment to be located in the common area;
   4. Plans for necessary signage, security and cleaning of the permitted area to ensure unattended containers of beer are promptly removed;
   5. A plan for server compliance, including procedure for carding individuals, preventing over-consumption of beer or other alcoholic beverages and restricting beer or other alcoholic beverages to the permitted area; and
4. The applicant for the common area permit should attend or send a representative or representatives to the beer board meeting to address any questions or issues arising out of the application.
5. Rules and regulations for the permitted area are as follows:
   1. Notwithstanding any other laws governing the hours for the sale of beer, it shall be unlawful for any permittee to sell, barter, give away or otherwise dispense beer under the provisions of this section after midnight.
   2. Subject to the limitations set forth in this section and otherwise provided by law, it shall be lawful for persons operating under a permit as provided herein to sell, barter, give away or otherwise dispense beer in the permitted area and for persons over the age of twenty-one (21) to consume beer within the permitted area.
   3. Within the permitted area, it shall be unlawful for any person to possess or consume beer or other alcoholic beverages from any container other than a container not exceeding a volume of sixteen (16) fluid ounces which is provided to a customer by a subordinate retailer permittee distinctly bearing the name, mark or logo of the vendor and the container shall be white.
   4. It shall be unlawful for the permittee, or any servers or staff, to provide any individual with beer or other alcoholic beverage within the permitted area without re-checking the individual's identification.
   5. It shall be unlawful for any person to re-use or to knowingly allow the re-use of an approved container for beer or other alcoholic beverages and nothing in this section shall be construed to authorize the same.
   6. It shall be unlawful for any person to possess, dispense or consume beer or other alcoholic beverages in the permitted area unless that beer or other alcoholic beverages was provided by a licensed permitted subordinate retailer in an approved container.
   7. It shall be unlawful for an individual to enter or exit the permitted area with any container holding any beer or other alcoholic beverages. Containers must be emptied prior to entering or exiting the permitted area.
   8. It shall be unlawful to use any recreational vehicle, tent, truck or other facility within the permitted area for tailgating, serving, consuming or possessing beer or other alcoholic beverages except by licensed permittees from the licensed retail premises.
   9. Permittee shall install signage (not less than one foot by one foot (1' by 1') and not more than four (4) square feet in size) in conspicuous locations throughout the permitted area, including but not limited to each entrance and exit, designating where the permitted area begins and ends, and advising patrons that beer or other alcoholic beverages shall not be taken or consumed outside the "permitted area and "common area" and that underage drinking is illegal. These informational signs shall not include a business logo.
   10. Permittee shall take steps necessary to ensure that unattended containers of beer or other alcoholic beverages are promptly removed.
   11. Permittee shall notify in writing the city recorder office within ten (10) days of any of the following events: the suspension, temporary closure or termination of the business of a tenant with a subordinate retailer's permit, the termination of a tenant's lease if the tenant has a subordinate retailer's permit, or the permittee obtaining a final detainer judgment against a tenant with a subordinate retailer's permit. A subordinate retailer's permit shall expire automatically if any of the above events occur. The tenant is required to return the subordinate retailer's permit to the city recorder office immediately.
   12. Subordinate permits shall be invalid if there is no valid common area permit.
6. Nothing in this section shall be construed to authorize any person to violate the open container law set forth in § 11-101 of this code.
7. Nothing in this section shall be construed to authorize any person to violate the state and city laws against underage drinking.
8. The holder of a common area permit shall be subject to compliance with all local ordinances and state laws regulating beer. Failure to comply with these ordinances and state laws may result in the common area permit being suspended or revoked.

Subordinate retailer's on-premise permit under a common area permit. This permit may only be held by a tenant of a holder of a valid common area permit for the retail sale of beer for consumption in the "permitted area" and the "common area." An applicant that wishes to apply for a subordinate retailer's on-premise permit where beer will be sold and consumed on any part within the permitted area or the subordinate retailer's premises shall submit a completed subordinate retailer's on-premise permit application to the city recorder office on forms provided by the office.

In its application, the applicant shall include:

1. Written permission from the holder of the common area permit that applicant is a tenant within the common area;
2. The date the tenant's lease expires (including any renewal periods);
3. The specific location within the common area that tenant is leasing; and
4. A depiction of the applicant's uniquely labeled container and required color, if applicable, it will use to serve beer or other alcoholic beverages. (1999 Code, § 8-218, as replaced by Ord. #2025-14, July 2025 Ch1_12-2-25)