Legal Documents of Sweetwater

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them herein, unless the text clearly indicates otherwise:

1. "Beer". Beer, ale or other malt beverages, or any other beverage having an alcoholic content of not more than eight percent (8%) by weight, except wine as defined in Tennessee Code Annotated, § 57-3-101; provided, however, that no more than forty nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other non-beverage ingredients containing alcohol. (If the statutory definition of "beer" in Tennessee Code Annotated, § 57-5-101 changes, the statutory definition shall govern.)
2. "Caterer permit". A permit issued for the retail sale of beer by a caterer who operates a permanent catering hall on an exclusive basis, has a complete and adequate commercial kitchen facility, and is licensed as a caterer by the Tennessee Department of Health, unless the catering hall is licensed as a restaurant. The caterer must provide food at any catered event.
3. "Convenience store". A store that maintains an inventory of basic food items such as luncheon meats, snack items, milk products, bread products, and canned goods.
4. "Craft beer enterprise". A craft beer business whose primary business is the retail sale of craft beer for consumption on the premises and/or off the premises. Said craft beer establishment shall have a seating capacity of at least twenty (20) people.
5. "Craft beer". Beer manufactured by breweries with an annual production of six million (6,000,000) barrels or less.
6. "Drug store". A business whose primary business is the sale of prescription drugs and associated items.
7. "Full line grocery store". A store that maintains an inventory of staple food items, including fresh meats, vegetables, produce, and fruits.
8. "Festival permit". A permit issued for retail sale of beer for consumption in the Downtown Festival District during an officially sanctioned celebration.
9. "Growler". A refillable rigid glass, plastic, aluminum or stainless steel container with a flip-top or screw-on lid that is no larger than two (2) liters (0.5283 gallons) into which craft beer or microbrewery beer is pre-filled, filled or refilled for off-premises consumption.
10. "Limited service restaurant permit". A permit issued for the retail sale of beer for consumption on the premises of a restaurant that has gross revenue food sales of less than fifty percent (50%) of its total revenues. The limited service restaurant shall have a seating capacity of at least forty (40) people at tables and shall have a menu of prepared food available to patrons.
11. "Microbrewery". A small brewery and/or restaurant engaged in the manufacture of beer or alcoholic content of not more than eight percent (8%) by weight, and which sells the aforesaid beer for consumption on the premises and/or off the premises, provided that the aggregate sales shall not exceed twenty five thousand (25,000) barrels of beer annually. Said micro brewery shall have a seating capacity of at least forty (40) people.
12. "Nonprofit club/organization". A corporation which has been recognized as exempt from federal taxes under Section 50l(c) of the Internal Revenue Code for two (2) consecutive calendar years, is organized and in good standing under the laws of the State of Tennessee, and is not for profit, but is solely for the promotion of some common object of fellowship, recreation and other nonprofit purposes other than the sale and consumption of beverages containing alcohol.
13. "Off-premises permit". A permit issued for the retail sale of beer for consumption off the premises of the permittee.
14. "On-premises permit". A permit issued for the retail sale of beer for consumption on the premises of the permittee.
15. "On- and off-premises permit". A permit issued for the retail sale of beer for consumption on and off the premises of the permittee in which the business is a microbrewery as defined in this chapter.
16. "Package liquor stores". Liquor stores that are licensed by the Tennessee Alcoholic Beverage Commission ("TABC") and authorized by the TABC to also sell beer.
17. "Permit". The permit required or issued pursuant to this chapter, and "permittee" thus means any person, firm, or corporation to whom such permit has been issued pursuant to this chapter.
18. "Restaurant". Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment and a seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. Said restaurant should serve at least one (1) meal per day at least four (4) days per week, with the exception of holidays, vacations and periods of redecorating. The serving of such meals shall be the principal business conducted (revenue sales from food must exceed fifty percent (50%), except where the restaurant is located in a hotel or motel which provides at least thirty (30) rooms or suites for guests, in which case, the restaurant business may be secondary to the hotel or motel business). In no case shall beer be sold at times other than when meals are being served.
19. "Special occasion permit". A permit issued for the retail sale of beer by a bona fide charitable or non-profit organization, or a bona fide political organization for a twenty four (24) hour period. The charitable/non-profit organization must have been in existence for at least two (2) consecutive calendar years and must expend at least sixty percent (60%) of its gross revenue for religious, educational or charitable purposes. The political organization must be either a political campaign committee as defined in Tennessee Code Annotated, § 2-10-102(a) or a political party as defined in Tennessee Code Annotated, § 2-13-101. Said permits cannot be issued more than twelve (12) times in a calendar year to the same organization. These permits may be issued for private property and limited areas approved by the beer board on application by application basis.
20. "Temporary permit". A permit that may be issued by the city recorder or their designee, to allow the continued sale of beer at a location which presently has a valid permit. Said permit may be issued in order to allow a new application to be administratively processed and considered by the beer board. The applicant for said permit shall meet all requirements set forth in these ordinances, and the temporary permit shall not be issued for more than thirty (30) days. The city recorder or their designee, shall be entitled to immediately revoke said temporary permit upon discovering any violation of this chapter. (1982 Code, § 2-201, as replaced by Ord. #1009, March 2023, and amended by Ord. #1022, June 2023 Ch8_08-05-24)