Legal Documents of Sweetwater
Code of Sweetwater
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Code of Sweetwater
Title 8 Alcoholic Beverages
Chapter 2 Beer
Title 8 Alcoholic Beverages
Chapter 2 Beer
Sweetwater
Title 8 : Alcoholic Beverages
Chapter 2 : Beer
8-218 : Grounds and procedure for suspension and revocation of beer permits.
- Denial. The beer board is authorized to suspend or revoke a beer permit for any of the reasons which would disqualify an applicant in the first instance.
- Suspension or revocation. Subject to the provisions of the Tennessee Responsible Vendor Act, Tennessee Code Annotated, § 57-5-601 et seq., all permits issued by the beer board under the provisions of this chapter shall be subject to suspension or revocation by the board for the violation of any of the provisions of the state beer act, the failure to sell beer according to their permit within six (6) months of issuance, or any of the provisions of this chapter.
- Authority of board. The beer board created by this chapter is vested with full and complete power to investigate charges against any permit holder and to cite any permit holder to appear and show cause why their permit should not be revoked for the violation of the provisions of this chapter or the provisions of the state beer act.
- Complaints. Suspension or revocation proceedings may be initiated by the chief of police, the city recorder, or by any member of the beer board. Complaints filed against any permit holder for the purpose of suspending or revoking beer permits shall be made in writing and filed with the board.
- Notice to appear; contents, service. When the board has reason to believe that any permit holder has violated any of the provisions of this chapter or any of the provisions of the state beer act, the board is authorized, in its discretion, to notify the pennittee of the violations and to cite the permittee by written notice to appear and show cause why his permit should not be suspended or revoked for the violations. The notice to appear and show cause shall state the alleged violations charged and shall be served upon the permittee either by registered letter or by a member of the police department of the city. The notice shall be served upon the permittee at least five (5) days before the date of the hearing.
- Hearing. At the hearing, the board shall publicly hear the evidence both in support of the charges and on behalf of the permittee. After the hearing, if the charges are sustained by the evidence, the board may, in its discretion, suspend or revoke the permit.
- Civil penalty in lieu of suspension. Subject to the provisions of the "Tennessee Responsible Vendor Act of 2006," Tennessee Code Annotated, § 57-5-601 et seq., the beer board may, at the time it imposes a suspension, revocation or suspension, offer a permit holder the alternative of paying a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each offense of making or permitting to be made any sales to persons under twenty one (21) years of age, or a civil penalty not to exceed one thousand dollars ($1,000.00) for any other offense. The amount of the civil penalties shall be governed by Tennessee Code Annotated, § 57-5-108, and if the amounts are modified, the Tennessee statute shall control. If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission of the violation charged by said permit holder and shall be paid to the exclusion of any other penalty that the city may impose. The violation admitted by payment of the civil penalty shall be held against said permit holder in the determination of any subsequent application, suspension or revocation.
- Limitations on civil penalties. Notwithstanding the foregoing, the beer board's authority to revoke or suspend beer permits or to impose civil penalties will be subject to the following limitations:
- Clerk sales to minors. The beer board may not revoke or suspend the permit of an off-premises permit holder for a clerk's illegal sale of beer to a minor if the permit holder and the clerk making the sale have complied with the requirements of state law to qualify as a responsible vendor, but may impose on the responsible vendor a civil penalty not to exceed one thousand dollars ($1,000.00) for each offense of making or permitting to be made any sales to minors or for any other offense.
- Underage sales over eighteen (18). The beer board may not revoke a permit on the grounds the permit holder or any person working for the permit holder sells beer to a minor over the age of eighteen (18) years if such minor exhibits an identification, false or otherwise, indicating the minor's age to be twenty one (21) or over, the minor's appearance as to maturity is such that the minor's age might reasonably be presumed to be twenty one (21) or over and the minor's age is unknown to the person making the sale. Under such circumstances, the permit may be suspended for a period not to exceed ten (10) days or a civil penalty up to one thousand five hundred ($1,500.00) may be imposed.
- Multiple violations. The beer board may permanently revoke a beer permit only when the permit holder has at least two (2) violations for underage sales within a twelve (12) month period.
- Effect of board action. The action of the board in all such hearings shall be final, subject only to review by the court as provided in the state beer act. When a permit is revoked, no new permit shall be issued hereunder for the sale of beer at the same location until the expiration of one (1) year from the date the revocation becomes final. However, the board may, in its discretion, issue a new permit on the same premises before the expiration of the one (1) year period if the individual applying for the permit is not the original holder of the permit, is not related to the original holder within four (4) degrees of consanguinity (first cousin or closer) or the agent of the original holder of the permit. (1982 Code, § 2-217, as replaced by Ord. #1009, March 2023 Ch8_08-05-24)
Date Last Updated: 08/05/2024
Codification Date: 03/01/2004
Officials at Date of Last Codification:
Mayor - Doyle F. Lowe
Vice Mayor - Sam Moser
Commissioner - Lamar Hughes
Commissioner - Johanna Jinks
Commissioner - Alan Richeson
Commissioner - James A. Stutts
Recorder - Sonya Crush
City Attorney - John Cleveland