Legal Documents of Sweetwater

All beer permits shall be restrictive as to the type of beer business authorized by them.

1. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. It shall be unlawfol for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by their permit. It shall likewise be unlawful for him not to comply with any and all express restrictions or conditions that are written into their permit by the beer board.

2. No on-premises permit shall be issued for a premise other than a nonprofit club, restaurant, limited service restaurant, microbrewery or craft beer enterprise. No on-premise and off-premise permit shall be issued for a premise other than a microbrewery and/or craft beer enterprise. For purposes of this chapter, "on premise," and "on- and off-premise" shall include the interior of the business enclosed by permanent walls and covered by a permanent roof, as well as all decks, patios and other outdoor serving areas that are contiguous to the exterior of the building in which the business is located, and in the case of a nonprofit club, a golf course that is a part of the establishment. An outdoor serving area shall be defined as a patio, deck, roof, courtyard or other outdoor area where the permitted establishment provides service to the outdoor serving area that is:

   1. Contiguous to the exterior of the building in which the business is located,
   2. Operated and controlled by the business, and
   3. Fenced or surrounded on all sides except for designated entrances and exits.

   The fencing or surrounding barrier need not be permanent, but must consist of a barrier not less than forty inches (40") above the surface and must be constructed of a substantial material without gaps or spaces that would allow ingress and egress of the premises except through designated entrances and exits. Examples of substantial material includes, but is not limited to, securely connected cattle gates, planters, decorative fencing or other decorative architectural or landscaping material. An outdoor serving area may not include all or any part of an area otherwise used by the business or by the public for parking.

3. No off-premise permit shall be issued for a premise other than full line grocery stores, drug stores, craft beer enterprises, micro breweries, package liquor stores or convenience stores.
4. Each holder of a beer permit shall continuously maintain in this city:
   1. A registered office which may be the same as the permitted place of business, and
   2. A registered agent, who shall be an individual whose business office is identical with the registered office.
5. With the exception of a microbrewery and/or craft beer enterprise, no brewer, wholesaler or manufacturer of beer, nor any agent of such brewer, wholesaler or manufacturer, shall be permitted to make a loan of money or furnish any fixtures of any kind or have any interest either directly or indirectly in the business of any retailer of beer, or in the premises occupied by such retailer. No person holding and/or exercising a valid permit issued pursuant to this chapter shall while so doing convey or grant or contract to convey or grant any interest in the business located at the place named on the permit, or an interest in the premise or any property therein, to any brewer, wholesaler or manufacturer of beer regulated by this chapter. No person holding and/or exercising a valid permit issued pursuant to this chapter shall incur or contract any indebtedness or financial obligation to any brewer, wholesaler or manufacturer of beer regulated by this chapter, except for the purchase of the beverages. No permit shall be granted under this chapter to any applicant who at the time of making application, is indebted or financially obligated to any such brewer, wholesaler or manufacturer, except for the purchase of the beverages.
6. Downtown festival district. Nothing in this chapter 2 shall be construed to authorize sales, service or consumption of liquor, wine, beer or any other spirits on the streets and property of the City of Sweetwater, without a special occasion permit.
7. Special occasion permit.
   1. Beer. Notwithstanding any other provisions of this article to the contrary, the beer board is hereby authorized and empowered in its discretion to permit the sale of beer for consumption on private property or public property designated by the beer board on an application by application basis at such times and under such terms, conditions, rules and regulations as the beer board may establish for the special occasion.
   2. Wine. In the event the TABC issues a special occasion license to a non-profit association described in Tennessee Code Annotated, § 57-4-102(m)(1) to conduct a wine festival as defined in Tennessee Code Annotated, § 57-4-102(34)(A), for participating wineries licensed under Tennessee Code Annotated, § 57-4-207(b) to serve complimentary samples as described Tennessee Code Annotated, § 57-4-102(m)(2) and to sell wine produced by the wineries for consumption off-premises pursuant to Tennessee Code Annotated, § 57-4-102(m)(3), in festival settings substantially similar to those authorized by this section, then such licensee, who wishes to sell wine for consumption within the Downtown Festival District, must comply with the requirements of this section, not preempted by TABC regulations, as they apply to the sale of beer.
      1. Geographic boundaries. The Downtown Festival District created hereby shall include all of the Main Street District. A map of the Downtown Festival District (Main Street District) shall be maintained in the city recorder's office.
      2. Festival district beer application. Any person or organization desiring to conduct an event in the Downtown Festival District, where beer will be sold and consumed on any part of the public streets, sidewalks, or public areas described above, shall complete and submit a complete festival district beer application to the office of the city recorder on forms provided by that office no later than forty-five (45) days in advance of the proposed event. Any person or organization desiring to conduct an event under this section of the code shall also have obtained a special events permit from the city prior to approval of a beer permit by the beer board. An applicant is not required to use the entire Downtown Festival District for their event in order to obtain a permit; the applicant shall indicate the specific area of the Downtown Festival District they wish to utilize on their site plan submitted with this application ("permitted area"). The proposed permitted area shall be consistent with the festival site plan approved by the main street board. Only one (1) permittee may use the permitted area at a time.
      3. Festival permit(s) required. Any person or organization desiring to conduct an event under this section of the code shall have obtained any and all permits required by Main Street prior to seeking approval from the beer board and shall comply with all terms and conditions set forth in the special events guide throughout the entire festival.
      4. Festival district beer application. The application shall include, but not necessarily be limited to, the following information:
         1. Date and time of the event;
         2. The identity of such person or organization that is requesting the special permit;
         3. The site plan for the festival event area, showing where any beer is to be sold and consumed;
         4. The specific vendor stall at which beer is to be distributed by the permittee from a canopy, tent, trailer, food truck or similar facility;
         5. Plans for proposed temporary closure of public rights-of-way, that have been approved by the Sweetwater Police Department prior to submission of a festival district application;
         6. The length and periods of time for which such special permit is requested;
         7. (skipped)
         8. Plans for necessary signage, security and policing of the event;
         9. A plan for server compliance, including procedure for carding individuals and preventing over-consumption of alcohol; and
         10. The anticipated number of persons attending the event.
   3. Beer board meeting attendance required. Upon receipt of the festival district permit application as required herein, the proposed festival event shall be placed on the beer board's agenda at its next regularly scheduled meeting following receipt of the application. The applicant for the special permit shall attend or send a representative or representatives to the beer board meeting to address any questions or issues arising out of the proposed festival event application.
   4. Rules and regulations for festival district events are as follows:
      1. Dispensing hours. Notwithstanding any other laws governing the hours for the sale of beer, it shall be unlawful for any festival event permittee to sell, barter, give away or otherwise dispense beer under the provisions of this section until the festival begins and after one hour before the end of the festival.
      2. Consumer liability. It shall be unlawful for any person to possess or consume alcoholic beverages on any public street, sidewalk, playground, school property, public park or recreational facility or public parking lot that is not a part of the permitted Festival Event Area.
      3. Container requirements. Within the permitted festival event area, it shall be unlawful for any person to possess or consume alcoholic beverages from any container in the festival event area other than a non-glass container not exceeding a volume of sixteen (16) fluid ounces.
      4. Certified alcohol server. The permittee shall ensure that alcohol is dispensed only by a certified alcohol server, who has completed a TABC certified alcohol awareness program and has a TABC server permit.
      5. Wristbands required. All patrons who are consuming beer or other alcoholic beverages at the festival event shall be provided with a customized wristband for the event. The permittee shall ensure that the only individuals provided with wristbands are individuals who are twenty-one (21) years of age or older.
      6. Verification for each service. It shall be unlawful for the festival event permittee, or any of the permittee's servers, to provide any individual with beer or other alcoholic beverage within the downtown festival district without re-checking the individual's identification, and ensuring that the individual is wearing the wristband provided to the individual by the permittee.
      7. No refills. It shall be unlawful for any person to re-use or to knowingly allow the re-use of an approved container for an alcoholic beverage and nothing in this section shall be construed to authorize the same.
      8. Unlawful consumption. It shall be unlawful for any person to possess, dispense or consume any alcohol in the Downtown Festival District unless that alcohol was provided by the licensed permittee or festival approved vendor in an approved container.
      9. No alcohol to enter or leave premises. It shall be unlawful for an individual to enter or exit the festival event area with any container holding any alcoholic beverage. Cups and cans must be emptied prior to entering or exiting the festival event area.
      10. Only permittees allowed. It shall be unlawful to use any recreational vehicle, tent, truck or other facility within the festival event area for tailgating, serving, consuming or possessing alcoholic beverages except by licensed permittees from the licensed retail premises.
      11. Signs. Permittee(s) shall install temporary signs throughout the festival event area, including but not limited to at every public intersection, designating where the festival event area begins and ends, and advising patrons that beer and alcoholic beverages shall not be taken or consumed outside the festival event area.
   5. Open container law. nothing in this section shall be construed to authorize any person to violate the open container law set forth in § 8-218 of the Municipal Code of the City of Sweetwater.
   6. Underage drinking unlawful. Nothing in this section shall be construed to authorize any person to violate the state and city laws against underage drinking.
   7. Festival intervals. There shall be a minimum of twenty four (24) hours between festivals or events. (as replaced by Ord. #1009, March 2023 Ch8_08-05-24)