Legal Documents of Maryville

Whenever used in this chapter, the following terms shall have the following meanings unless the context necessarily requires otherwise:

1. "Alcoholic beverage." Alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, and wine capable of being consumed by a human being other than medicine or beer as defined in Tennessee Code Annotated, § 57-5-101. Products or beverages including beer containing less than one-half percent (1/2%) alcohol by volume, other than wine as defined in this section, shall not be considered "alcoholic beverage" and shall not be subject to regulation or taxation pursuant to this chapter unless specifically provided.
2. "Applicant." A person applying for a local liquor store privilege license or a certificate of compliance, as the context provides.
3. "Applicant group." More than one (1) person joining together to apply for a local liquor store privilege license or certificate of compliance, as the context provides, to operate a single liquor store pursuant to the same application.
4. "Application." The form or forms, or other information an applicant or applicant group is required to file with the city in order to attempt to obtain a local liquor store privilege license or certificate of compliance, as the context provides.
5. "Certificate of compliance." The certificate required in Tennessee Code Annotated, § 57-3-208, as the same may be amended, supplemented or replaced, and subject to the provisions set forth in this chapter for issuance of such a certificate.
6. "City." The City of Maryville, Tennessee.
7. "Co-licensees." Persons who together hold a single local liquor store privilege license for a single liquor store.
8. "Federal statutes." The statutes of the United States now in effect or as they may hereafter be changed.
9. "Inspection fee." The monthly fee a licensee is required by this chapter to pay the amount of which is determined by a percentage of the gross sales of a licensee at a liquor store. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, such inspection fee shall be the same as if the local liquor store privilege license were held by a single licensee.
10. "License fee." The annual fee a licensee is required by this chapter to pay prior to the time of the issuance or renewal of a local liquor store privilege license. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, only one (1) license fee is required.
11. "Licensee." The holder or holders of a local liquor store privilege license. In the event of co-licensees, each person who receives a certificate of compliance and local liquor store privilege license shall be a licensee subject to the rules and regulations herein.
12. "Liquor store." The building or part of a building where a licensee conducts any of the business authorized by the local liquor store privilege license and state liquor license held by such licensee.
13. "Local liquor store privilege license." A local liquor store privilege license issued under the provisions of this chapter for the purpose of authorizing the holder or holders thereof to engage in the business of selling alcoholic beverages at retail in the city at a liquor store. Such a local liquor store privilege license will only be granted to a person or persons who has or have a valid state liquor retailer's license. One (1) local liquor store privilege license is necessary for each liquor store to be operated in the city.
14. "Manufactured." A structure, transportable in one (1) or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation.
15. "Person." Any natural person as well as any corporation, limited liability company, partnership, firm or association or any other legal entity recognized by the laws of the State of Tennessee.
16. "Retail sale" or "sale at retail." The sale to a consumer or to any person for any purpose other than for resale.
17. "State law, rules and regulations." All applicable laws, rules and regulations of the State of Tennessee applicable to alcoholic beverages as now in effect or as they may hereafter be changed including, without limitation, the Local Option Liquor Rules and Regulations of the Tennessee Alcoholic Beverage Commission.
18. "State liquor retailer's license." A license issued by the Alcoholic Beverage Commission of the State of Tennessee pursuant to Tennessee Code Annotated, §§ 57-3-201, et seq., permitting its holder to sell alcoholic beverages at retail in Tennessee.
19. "Wholesaler." Any person who sells at wholesale any beverage for the sale of which a license is required under the provisions of this chapter.
20. "Wine." The product of normal alcoholic fermentation of juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climactic, saccharine, and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. (1999 Code, § 8-301)