Legal Documents of Sweetwater

It shall be unlawful for any beer permit holder, employee, or person engaged in the sale of beer to:

1. Servers. Employ any server that does not possess a valid server permit issued by the State of Tennessee Alcoholic Beverage Commission. Said permit must be on the person of the server, or dispenser or upon the premises of the licensee at all times subject to inspection by the city's duly authorized agent.
2. Crimes. Employ any person convicted for the possession, sale, manufacture, or transportation of intoxicating liquor, or any crime involving moral turpitude within the past ten (10) years.
3. Minors. Employ any minor under eighteen (18) years of age in the sale, storage, distribution or manufacture of beer.
4. Hours. It shall be unlawful for any person to sell, furnish, or distribute beer within the city between the hours of 3:00 A.M. and 6:00 A.M. on Sunday. (If the statutory hours of operation set forth in Tennessee Code Annotated, § 57-5-30l(b) changes, the statutory definition shall govern.)
5. No underage drinking. Make or allow any sale or distribution of beer to any person under the legal drinking age as mandated by state law. Pursuant to Tennessee Code Annotated, § 57-5-301(f), permit holders shall post signs on the premises informing customers of the permit holder's policy against selling beer to underage persons. The signs shall be not less than eight and one-half inches by five and one-half inches (8-1/2" x 5-1/2"), and shall contain the following language: "IF YOU ARE NOT 21 AND ARE IN POSSESSION OF BEER, YOU COULD LOSE YOUR DRIVER LICENSE."
6. No drinking by owner or staff. Allow an owner, co-owner, operator, proprietor, or employee to drink or be under the influence of any of the beverages regulated by this chapter while on the premises when the establishment is open to the public except an owner, co-owner, operator, proprietor, or employee of a micro-brewery as defined in § 8-201 for the limited purpose of sampling and testing beer produced on premises.
7. No minors loitering. Allow any person under the legal drinking age as mandated by state law to loiter in or about their place of business.
8. No drunk customers. Make or allow any sale of beer to any person who appears, or would reasonably appear to be under the influence of any intoxicant whatsoever.
9. No drunks loitering. Allow intoxicated person(s) to loiter about the premises.
10. No gambling. Provide for or allow any gambling or games of chance involving exchange of 1noney on the premises, excepting activities authorized pursuant to the Tennessee Education Lottery Implementation Law codified at Tennessee Code Annotated, § 4-51-101 et seq.
11. Prohibited conduct. Knowingly or intentionally permit or allow any person to appear in the establishment or on the premises for which the permit was issued and to:
    1. No sex acts. Publicly or openly perform acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any other sexual acts prohibited by law; or
    2. No intimate touching. Publicly or openly engage in the actual or simulated touching with the hand, facial area or mouth, or caressing, or fondling of the breasts, buttocks, anus or genitals; or
    3. No genital display. Publicly or openly engage in the actual or simulated display to public view of any portion of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the display of the female breast with less than a fully opaque covering of the areola, or the showing of covered male genitals in a discernibly turgid state; or
    4. No simulation. Publicly or openly wear or use any device or covering exposed to public view which simulates the display to public view of any portion of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the display of the female breast with less than a fully opaque covering of the areola, or the showing of covered male genitals in a discernibly turgid state; or
    5. Server clothing. Employ, use or allow any person in the sale or service of food, beer or other alcoholic beverages while such person is publicly or openly unclothed or in such attire, costume or clothing as to expose to view any portion of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the female breast with less than a fully opaque covering of the areola, or the showing of covered male genitals in a discernibly turgid state; or
    6. Host clothing. Employ, use or allow the services of any host, hostess or other person to mingle with patrons while such hostess or other person is unclothed or in such attire, costume or clothing as to expose to view any portion of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the female breast with less than a fully opaque covering of the areola, or the showing of covered male genitals in a discernibly turgid state; or
    7. Prohibited devices. Publicly or openly permit any person to use artificial devices or any inanimate objects to depict any prohibited activities described above; or
    8. Prohibited conduct by other persons. For the owner of the property, or the owner of any business operated thereon, or any employee thereof to allow or permit any person to remain in or upon the premises who is exposing to public view any portion of the human male or female genitals, pubic area, buttocks with less than a fully opaque covering, the female breast with less than a fully opaque covering of the areola, or the showing of covered male genitals in a discernibly turgid state; or

    9. Prohibited visual presentations. Publicly or openly show films, videotapes, laser discs, CD ROMS, electronic reproductions or other visual reproductions that involve movement depiction of any of the following:

       A. No sex acts. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; or

       B. No groping. Any person being touched, caressed, or fondled on the breasts, buttocks, anus or genitals; or

       C. No genitals displayed. Scenes wherein the person displays the vulva, the anus or the genitals; or

       D. Prohibited animation. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

    10. Swimming attire allowed. Nothing contained in this section shall be construed to prohibit persons of either sex from engaging in swimming or related activities while clad in attire customarily worn in the community for such purpose;
12. Broadcast display allowed. Nothing contained in this section shall be construed to prohibit the broadcast or display of any television program subject to regulation by the Federal Communications Commission of the United States on the permitted premises.
13. Disorderly conduct prohibited. Operate a disorderly place or allow boisterous and/or disorderly conduct on the premises. Such prohibited disorderly conduct and operation of a disorderly place shall mean and include any conduct that may pose a threat to public health or safety and that may be deemed to create a public nuisance. (1982 Code, § 2-214, as replaced by Ord. #1009, March 2023 Ch8_08-05-24)