This memo discusses the Tennessee Governmental Tort Liability Act (TCA §§ 29-20-101 to -408). The GTLA preserves local governmental entities’ immunity from suit “except as otherwise provided.” The Act contains four parts: (I) General Provisions; (II) Removal of Immunity; (III) Claims Procedure; and (IV) Funding and Insurance.

To: Rachel Jackson {rjackson@lexverum.com]

Good morning Rachel,

Ripley has posed this query:

We  have a contingent interested in discussing with BOMA the possibility of hosting New Year’s Eve and similar events in the City Park or in other public parks, where alcohol is served.  Presently, our ordinances provide for no alcohol in those places.

BOMA asked me to do a little preliminary investigation into whether other municipalities in West Tennessee (or elsewhere, perhaps) have such ordinances so that we might have a discussion with them of the pros/cons.

Examples of city code provisions are located below. First, I’ll address the authority to permit such sales. Whether alcohol or beer may be legally served at city parks depends on the entity that will be serving the alcohol. Unless the person/entity has a catering license or is a “charitable, nonprofit or political organization,” there is no authority for the city to issue a beer permit or the Alcoholic Beverage Commission (“ABC”) to issue a liquor-by-the-drink permit to an individual or entity for use in a municipal park. 

PC889, Acts of 2024, amended T.C.A. § 57-4-101(g), and now provides:

(g)(1) It is lawful for a charitable, nonprofit or political organization possessing a special occasion license pursuant to § 57-4-102 to serve or sell wine and other alcoholic beverages as defined in § 57-4-102, and beer as defined in § 57-6-102, to be consumed on the designated premises, or sold or donated in sealed containers for off-premises consumption within the boundaries of a political subdivision wherein the sale of alcoholic beverages at retail has been approved pursuant to § 57-3-106 or wherein the sale of alcoholic beverages for consumption has been approved pursuant to § 57-4-103. A special occasion license may also be issued for an event within the unincorporated portion of a county if at least one (1) municipality in such county has approved the sale of alcoholic beverages at retail pursuant to § 57-3-106 or the sale of alcoholic beverages for consumption pursuant to § 57-4-103.

(2) Notwithstanding subdivision (g)(1) to the contrary, a special occasion license may be issued in a jurisdiction wherein the sale of alcoholic beverages for consumption on the premises has not been approved pursuant to § 57-4-103, with written approval to hold an event by and in such jurisdiction that is signed by the executive officer or chair of the legislative body of such jurisdiction.

With the amended language, ABC may issue special occasion licenses to serve or sell wine and other alcoholic beverages “for a charitable, nonprofit or political organization.”  These special occasion licenses may be issued “within the boundaries of a political subdivision wherein the sale of alcoholic beverages at retail has been approved pursuant to § 57-3-106 or wherein the sale of alcoholic beverages for consumption has been approved pursuant to § 57-4-103.”

For entities that are not one of the enumerated premises listed in T.C.A. § 57-4-101 and who are not “a charitable, nonprofit or political organization” desiring to sell or consume liquor-by-the-drink during a special event, the current authority requires that a company with a liquor-by-the-drink caterer’s license provide that service pursuant to title 57, chapter 4, part 1, which defines “caterer” in T.C.A. § 57-4-102 as:

(6)(A) “Caterer” means a business engaged in offering food and beverage service for a fee at various locations, which:

(i) Operates a permanent catering hall on an exclusive basis or restaurant;

(ii) Has a complete and adequate commercial kitchen facility; and

(iii) Is licensed as a caterer by the Tennessee department of health;

(B) “Caterer” also means a business engaged in offering food and beverage service for a fee at various locations that:

(i) Operates a permanent catering hall on an exclusive basis or a restaurant;

(ii) Has a complete and adequate commercial kitchen facility;

(iii) Is licensed by the Tennessee department of agriculture; and

(iv) Is a retail food store that has a license to sell wine under § 57-3-803;

Many jurisdictions have a population bracket that expands the definition of “premises,” “public aquarium,” “restaurant,” etc., which are defined in T.C.A. § 57-4-102, and authorizes specific places/businesses to have a liquor/wine on premises permit.  

Below are regulations of the Alcoholic Beverage Commission applying to special occasion permits and caterers:

(1) Special Occasion Permits are a one-day (1) permit allowing the sale, service, and/or otherwise dispensing of alcoholic beverages at designated areas by qualified entities. Special Occasion Permits are required if an entity does not otherwise hold an on-premises consumption liquor license, and/or if the entity is selling, serving, or otherwise dispensing alcoholic beverages to invited guests or the public. Special Occasion permittees are subject to the laws and rules governing the sale and service of alcoholic beverages.

(2) To obtain a Special Occasion Permit, the following documents must be submitted to the Commission at least two (2) calendar weeks prior to the date of the event:

(a) A complete application submitted in a manner specified by the Commission;

(b) Certification of recognition of 501(c) status from the IRS, and/or financial records for two (2) years preceding the date of the application indicating that at least sixty percent (60%) of the gross revenues have been used exclusively for religious, educational, or charitable purposes;

(c) If the applicant is a bona fide political organization, then the applicant will submit documentation that it is either a political campaign committee as defined at T.C.A. § 2-10-102(a) or that it is a political party as defined at T.C.A. § 2-13-101;

(d) Proof that the applicant is registered with the Secretary of State's Office as a charitable, non-profit organization;

(e) Application fee;

(f) Letter of permission from the owner of the property where the event will be held granting permission to the applicant to sell or serve alcoholic beverages on its premises; and

(g) Any other documentation that the Commission may request.

(3) All proceeds generated from the sale of alcoholic beverages pursuant to the Special Occasion Permit must be deposited into the Special Occasion permittee's monetary account(s).

Tenn. Comp. R. & Regs. 0100-01-.07

(1) Commission licensed caterers shall have available for inspection at catered events involving the sale or dispersion of alcoholic beverages by that caterer, its catering license or a copy as issued by the Commission.

(2) Only employees of a licensed caterer who are in possession of a valid server's permit may serve alcoholic beverages at any event, whether at the caterer's designated premises or a remote venue.

(3) Commission licensed caterers may only sell alcoholic beverages on a by-the-drink basis, collecting appropriate taxes, and only in cities, municipalities, and/or counties where such sales are authorized.

(4) Commission licensed caterers may provide alcohol if there are some food items present and available for consumption that was prepared by the licensed caterer in the licensee's commercial kitchen or in a kitchen where the event will be held. New catering applicants are required to have a commercial kitchen, which must include a fixed stove or cooktop, an oven, a refrigerator, a freezer, a sink, and counter space necessary to prepare food for commercial purposes.

(5) Commission licensed caterers must submit electronic notice of any catered event involving the sale or distribution of alcohol at least two (2) calendar days prior to the event during state business hours, prevailing time. Such notice should include the date, address, host, and time of the event. The Commission will confirm receipt of the notification.

(6) If a Commission licensed caterer is providing and selling the alcohol at a catered event, then all proceeds generated from the sale of alcoholic beverages at the catered event shall be deposited into the caterer's monetary account(s). No third party shall receive any proceeds from the sale of alcoholic beverages at a catered event.

(7) Alcohol may be transported by the caterer to the premises of the catered event no earlier than 8:00 am. At the conclusion of the catered event, all alcohol must be removed from the premises no later than 12:00 p.m. of the following day. No one other than the licensed caterer or its employees may serve, sell, or otherwise dispense, and/or have access to any alcohol on the premises of the catered event.

(8) During the duration of the catered event, the licensed caterer is responsible and liable for full compliance with all laws of Tennessee, Commission rules and regulations, federal statutes, and ordinances and laws of the municipality and/or county where licensed premises are located at all times.

Tenn. Comp. R. & Regs. 0100-01-.06

As you note, Ripley will need to amend its municipal code if the BOMA approves sales of alcohol and/or beer during special events at city parks. Collierville and Clarksville both have code provisions on the subject.

Below are some examples from cities that hold events at city parks or on city-owned property:

Collierville, permits:

§ 116.32 PERMIT REQUIRED FOR ENGAGING IN BEER BUSINESS.

   (A)   It shall be unlawful for any person or business entity to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the Beer Board. The application shall be made on such form as the Beer Board shall prescribe and furnish, and shall be accompanied by a nonrefundable application fee, in the amount determined by resolution of the Board of Mayor and Aldermen, which shall be paid in advance by the applicant as a prerequisite to further consideration of the applicant for a beer permit. Each applicant must be of good moral character and must certify that it is familiar with the provisions of this subchapter.

   (B)   Permits shall be issued by class as follows:

      (1)   Class I - "On-premises" permits shall be limited to on-premises consumption only.

      (2)   Class II - "Off-premises" permits shall be limited to off-premises consumption only.

      (3)   Class III - Combination of on-premises and off-premises permit. Where Growlers will be sold for off-premises consumption under a Class III permit, all restrictions and requirements applicable to Class V Growler permits shall apply to Class III permits except the prohibition against consumption of beer on the premises.

      (4)   Class IV ("Special private club permit") - An on-premises consumption permit may be granted for any club or lodge while it is incorporated and operates under a charter and by-laws in which the officers are elected by regular membership requiring a substantial membership or initiation fee of its members and has a purpose of organization and existence other than the sale of beer.

      (5)   Class V ("Growler" permit) - A Class V Growler permit is a beer permit issued for the retail sale of beer contained in "Growlers" as defined at § 116.25 of this chapter. To qualify for a Growler permit, an establishment must meet all of the other applicable regulations contained within this chapter, including, but not limited to, distance requirements and hours of operation. Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler or from the brewery equipment of a duly licensed manufacturer. Only professionally sanitized and sealed Growlers may be filled and made available for retail sale. Each Growler must be securely sealed and removed from the premises in its original sealed condition. Consumption of beer on the premises of any Class V permit is strictly prohibited, except samples of tap beers offered for sale may be made available, but individual samples shall not exceed one ounce per sample, nor shall any one individual be offered or consume more than five one-ounce samples (five ounces) per business day. Growler permits shall be solely issued for those businesses whose primary source of revenue shall be from the sale and refilling of beer Growlers. Such determination shall be made at the sole discretion of the Collierville Beer Board.

      (6)   Class VI (“Town owned property” permit) - A public premises permit may be granted, in the discretion of the Board of Mayor and Aldermen and upon such conditions and/or restrictions as it may reasonably impose, so as to allow the sale of beer solely for on-premises consumption on Town owned property, notwithstanding any separate restrictions that may otherwise be imposed by the Town Code upon the sale or consumption of beer on Town owned property. Applicants shall comply with the provisions of division (A) hereof, except that issuance of said Class VI permits shall only be granted upon approval by the Board of Mayor and Aldermen, and not the Beer Board. With respect to Class VI permits, the powers that would otherwise be vested in the Beer Board, including those set forth under §§ 116.30, 116.31, 116.35, 116.36, 116.37, 116.38, 116.41, 116.43, and 116.46 of the Town Code, shall instead be vested in the Board of Mayor and Aldermen.

(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2021-08, passed 6-14-21; Am. Ord. 2023-11, passed 11-27-23)

§ 116.38 RESTRICTIONS ON THE ISSUANCE OF BEER PERMITS.

   The Beer Board shall be guided by the following restrictions and limitations in the deliberation and issuance of beer permits within the corporate limits of the Town of Collierville:

******

(R)   For Class VI permits, all profits from the sale of beer by the not-for-profit corporation shall be used in furtherance of the purposes of the organization.

(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10; Am. Ord. 2015-06, passed 3-9-15; Am. Ord. 2017-03, passed 2-13-17; Am. Ord. 2019-18, passed 1-13-20; Am. Ord. 2023-11, passed 11-27-23)

The Franklin Code:

Sec. 8-211. - Special event permits.

(1) The beer board is authorized to issue special event permits to bona fide charitable, nonprofit or political organizations for special events.

(2) The special event permit shall not be issued for longer than one 48-hour period unless otherwise specified, subject to the limitations on the hours of sale imposed by law. The application for the special event permit shall state whether the applicant is a charitable, nonprofit or political organization, include documents showing evidence of the type of organization, and state the location of the premises upon which alcoholic beverages shall be served and the purpose for the request of the license.

(3) For purposes of this section:

(a) Bona fide charitable or nonprofit organization means any corporation which has been recognized as exempt from federal taxes under section 501(c) of the Internal Revenue Code.

(b) Bona fide political organization means any political campaign committee as defined in T.C.A. § 2-10-101(a) or any political party as defined in T.C.A. § 2-13-101.

(4) No charitable, nonprofit or political organization possessing a special event permit shall purchase, for sale or distribution, beer from any source other than a licensee as provided pursuant to state law.

(5) Failure of the special event permittee to abide by the conditions of the permit and all laws of the State of Tennessee and the City of Franklin will result in a denial of a special event beer permit for the sale of beer for a period of one year.

(Ord. No. 2007-84, § I, 11-13-2007

Sec. 8-212. - Events not subject to permit; notice required.

Any event which is catered and the caterer has a valid TABC license to serve alcohol is not required to obtain a special event permit. For the safety and welfare of the citizens of Franklin, the beer board requires prior notice of each event which is catered and not required to obtain a permit. Event coordinators shall furnish to the beer board a copy of the form submitted to the TABC no later than five days prior to the event.

(Ord. No. 2007-84, § I, 11-13-2007)

Clarksville Code, possession:

• Sec. 2-401. - Use or sale of alcoholic beverages in city parks; ejection.

It shall be unlawful for any person, organization, association or entity to possess, use, consume, sell, distribute or otherwise provide any alcoholic beverage while upon, on, or inside the boundary of any city park or recreational center or facility, except may otherwise be provided in this chapter. Any person, organization, association or entity in violation of this chapter, or other state laws of general application, or local ordinances, may be required to leave the premises by any employee of the city department of parks and recreation, or by any city employed security officer, and ejected and removed from the premises by any city law enforcement officer. It shall be unlawful, a trespass, and a violation of this section, for any person, organization, association or entity to refuse to leave the premises upon request by any employee of the city department of parks and recreation, or by any city employed security officer, or city law enforcement officer.

(Ord. No. 4-2012-13, § 1, 8-2-12; Ord. No. 49-2020-21, § 2, 12-17-20)

• Sec. 2-501. - Hours during which consumption of alcoholic beverages is prohibited within the entertainment district premises.

(a) Notwithstanding any provision of the city beer ordinance (City Code, Title 2, Chapter 1) to the contrary, the hours for consumption of alcoholic beverages, beer, and wine obtained from any licensee or permittee upon the premises defined by T.C.A. § 57-4-102(29)(D) are restricted and prescribed as follows:

(1) Regarding Riverside Drive and any city-owned property, city-owned right-of-way, or city-owned sidewalks within the premises of the entertainment district as defined by T.C.A. § 57-4-102(29)(D) and adjacent to Riverside Drive, consumption of alcoholic beverages, beer, and wine on any such property, right-of-way, or sidewalks shall be prohibited at all times except as may be approved by special event permit obtained from the city.

(2) For all other property within the premises of the entertainment district as defined by T.C.A. § 57-4-102(29)(D) and not adjacent to Riverside Drive, consumption of alcoholic beverages, beer, and wine obtained from any licensee or permittee on any public streets, rights-of-way, or sidewalks, shall be prohibited daily between the hours of ten o'clock p.m. (10:00 p.m.) and three o-clock p.m. (3:00 p.m.) the next day.

(3) Notwithstanding the above provisions, consumption of alcoholic beverages, beer, and wine obtained from any licensee or permittee on any public streets, rights-of-way, or sidewalks within the entertainment district shall be allowed at any dates/times as designated by the mayor and approved by special event permit obtained from the city.

(b) The above established limitations on hours of consumption, as outlined in subsection a., shall not apply to consumption of such alcoholic beverages inside any building, residence, or any privately owned property within the premises of the entertainment district as defined by T.C.A. § 57-4-102(29)(D).

(Ord. No. 28-2021-22, § 1, 11-4-21; Ord. No. 24-2022-23, § 1, 10-6-22)

• Sec. 10-229. - Possession or consumption of alcoholic beverages in public parks or docks.

Except as otherwise authorized by resolutions adopted by the city council, it shall be illegal for any person to possess or consume alcoholic beverages, including beer, at or within the public parks and/or boat docks of the city, or parks or docks within the city patrolled or maintained by the city.

Notwithstanding the foregoing, consumption of beer is permitted during any public function, festival, street fair or other similar celebration being conducted pursuant to section 5-1002, provided that a special events beer permit has been obtained in accordance with section 2-105(4) of the Official Code of the City of Clarksville, and that the service and consumption is in accordance with regulations imposed by the agency designated in section 5-1002 (2).

Clarksville Code, permits:

Sec. 2-105. - Classes of permits.

There shall be five (5) classes or kinds of permits issued by the beer permit board as follows:

(1)Manufacturers. A manufacturer's permit to a manufacturer of beer, for the manufacture, possession, storage, sale, distribution, and transportation of the product of the manufacturer which product may be consumed upon the premises of the manufacturer to the extent permitted by state law of general application.

(2)Off-sale. An "off-sale" permit to any person or legal organization engaged in the sale of beer where it is not to be consumed by the purchaser upon or near the premises of the seller.

(3)On-sale. An "on-sale" permit to any person or legal organization engaged in the sale of beer where it is to be consumed by the purchaser or his guests upon the premises of the seller, and provided beer may also be sold in hotel rooms of regularly conducted hotels and in regularly incorporated clubs and lodges upon their obtaining the required permit.

a. Anyone applying for or obtaining an on-sale permit may also sell beer to go so a patron may take beer with him purchased at such place after consuming beer. This will be known as a "joint" permit and shall cost an additional two hundred fifty dollars ($250.00) at the time the application is made, or at any subsequent time when it is sought to change the type permit.

b. No alcoholic beverage shall be consumed in the parking lot of any establishment possessing an on-sale permit, except that, with prior approval of the city's chief of police or his/her designee and the beer permit board, for special events no longer than five (5) consecutive calendar days, permittees may allow consumption of alcoholic beverages sold by the permittee within an area that is roped off or otherwise separated by a continuous fence or other type of barrier from the remaining portion of their parking lot, both ends of which terminate at the permittee's building, deck, porch, patio, or other such attached structure, and provided further, that such permittee provides for an adequate number of private security personnel, which may be employees of the permittee, identified by their clothing as security, to patrol the premises to prevent unlawful use or possession of alcoholic beverages and to enhance public safety.

(4) Special events permit. A "special events" permit, for on premises consumption only, may be issued to any nonprofit organization, or to any "manufacturer", "off-sale", "on-sale", or "joint" permit holder where the beer is to be consumed by the consumer upon the premises where the special event is to be held. The special events permit application fee shall be fifty dollars ($50.00). The special events beer permit application must be submitted, in writing, at least ten (10) calendar days prior to the monthly beer board meeting that precedes the special event for which the permit is sought. Each permit will be issued for a specific date and a specific period of time and shall only be valid for a maximum of five (5) consecutive calendar days. The specific period of time shall not contradict any state law of general application or any other city ordinance. Nonprofit organizations, or beer permit holders holding a current, valid beer permit, may receive no more than six (6) special event permits during a calendar year.

(5) Caterer permit. A "caterer" permit to any person or legal organization conducting a food and beverage catering business who or which has been previously issued a liquor by the drink certificate from the Tennessee Alcoholic Beverage Commission. The liquor by the drink certificate must be current and not expired or revoked at the time of application for the caterer permit. The caterer permit will be issued for the fee of two hundred fifty dollars ($250.00), after approval by the Clarksville police department and the Clarksville beer board.

(6) With regard to any "on sale," "special event," or "caterer" beer permit application, or such beer permit issued, in connection with any event to be held or located at the "Downtown Commons," the definition of "premises" (or permit "location") shall mean and include any closed and blocked off or barricaded street contiguous to the Downtown Commons, as well as the boundaries of the Downtown Commons (said Downtown Commons property being owned by Montgomery County, which has exclusive authority and jurisdiction pursuant to state law of general application to issue, suspend, revoke beer permits and to otherwise regulate the sale, distribution, manufacture, storage, and possession of beer, as defined in state law of general application, within the real property boundaries of the Downtown Commons). It is the intent of this subsection that "beer trucks," "beer trailers," and "beer tent" owners, sellers, and distributors, that are located within any closed and blocked off or barricaded street contiguous to the Downtown Commons, during an event being held at the Downtown Commons, after having paid the applicable fee and being issued the appropriate permit, shall not be subject to revocation, suspension, or civil penalty, due to lawful consumers possessing, consuming, or carrying open containers of beer from the aforesaid beer trucks, trailers or tents, into and onto the Downtown Commons. Any such application and/or issued permit shall specify the street name, and whether the permit is for a beer truck, trailer or tent, in addition to all other application and/or permit information otherwise required by state law of general application, this chapter of the City Code, or by the beer board.

(1963 Code, § 4-13; Ord. No. 18-1984-85; Ord. No. 80-1985-86, 8-7-86; Ord. No. 30-1992-93, § 1, 12-3-92; Ord. No. 7-1998-99, § 4, 10-1-98; Ord. No. 14-2013-14, 10-3-13; Ord. No. 72-2013-14, 6-5-14; Ord. No. 52-2018-19, 5-2-19; Ord. No. 93-2022-23, 5-4-23)

Knoxville has been doing this for many years, so I have included provisions from the Knoxville Code. Possession:

• Sec. 4-1. - Possession or consumption on certain property prohibited or restricted.

(a) For the purposes of this section, an open container is one which has any opening through which its contents may pass in order to be consumed by any person.

(b) It shall be unlawful for any person to:

(1) Possess an open container containing beer or alcoholic beverages or to consume beer or alcoholic beverages on the premises of any retail beer sales outlet which does not have an on-premises permit;

(2) Possess an open container containing beer or alcoholic beverages, or consume beer or alcoholic beverages, on any public street, sidewalk, playground, school property, public park or recreational facility or public parking lot within the corporate limits of the city, unless such possession or consumption is exempted pursuant to subsection (d) of this section;

(3) Possess an open container of beer or consume beer on any privately owned parking lot held open to use by the public; or

(4) Possess an open container of beer or consume beer in Chilhowee Park or the Knoxville Zoological Park.

(c) Consumption of alcoholic beverages may be permitted on the Lower Second Creek site in connection with a city-sponsored or authorized event in accordance with a permit granted by the city.

(d) Possession of an open container of beer or alcoholic beverages and the consumption of beer or alcoholic beverages may be permitted in the areas specified in section 4-76 of this Code, provided that such possession or consumption is either:

(1) Authorized by a special permit granted by the beer board in accordance with section 4-76, or

(2) Pursuant to 4-76(g), for an event held wholly within Lakeshore Park, the individual or entity has obtained a facilities use permit and

a. The beer or alcoholic beverage is sold or distributed by the holder of a liquor by the drink caterer's license issued by the state alcoholic beverage commission or

b. The individual or entity engages a professional bartending company or service whose servers hold current and valid server permit cards issued by the Tennessee Alcoholic Beverage Commission.

c. Further, the individual or entity obtaining the facilities use permit shall comply with the insurance requirements required by the city for comparable events at city parks and facilities.

(Code 1962, §§ 9-29, 28-757; Ord. No. O-361-97, §§ 1, 2, 8-26-97; Ord. No. O-56-2017, § 1, 4-11-17; Ord. No. O-16-2022, § 1, 2-22-02)

Knoxville Code, permits:

• Sec. 4-77. - Special events permits.

(a) The beer board of the city is authorized to issue special occasion licenses to bona fide charitable, nonprofit or political organizations for special events. With the exception of events occurring on the Second Creek redevelopment site, which shall not be controlled by the provisions of this section, special occasion licenses to bona fide charitable, nonprofit or political organizations shall be limited to three (3) one-day events per organization in any twelve-month period, or two (2) events lasting up to three (3) consecutive days each per organization per any twelve-month period.

(b) Taking into consideration the limitations on the hours of sale imposed by law, the special occasion license shall not be issued for longer than one (1) twenty-four-hour period, unless a multiple-day permit is issued by the Board in accordance with section (a). The application for the special occasion license shall state whether the applicant is a charitable, nonprofit or political organization, include documents showing evidence of the type of organization, and state the location of the premises upon which alcoholic beverages shall be served and the purpose for the request of the license.

(c) The fee for each special occasion license shall be fifty dollars ($50.00).

(d) For purposes of this section: Bona fide charitable or nonprofit organization means any corporation which has been recognized as exempt from federal taxes under section 501(c) of the Internal Revenue Code.

Bona fide political organization means any political campaign committee as defined in T.C.A. § 2-10-101(a) or any political party as defined in T.C.A. § 2-13-101.

(e) No charitable, nonprofit or political organization possessing a special occasion license shall purchase, for sale or distribution, beer from any source other than a licensee as provided pursuant to state law.

(Code 1962, § 9-42; Ord. No. O-469-93, § 7, 8-17-93; Ord. No. O-170-2015, § 1, 9-15-15; Ord. No. O-54-2016, § 1, 4-12-16)

• Sec. 4-76. - Special permits for sale in certain areas.

(a) Second Creek redevelopment site. 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 on the Second Creek redevelopment site, which is bounded on the east by Henley Street, on the south by Cumberland Avenue, on the west by Eleventh Street, and on the north by Jackson Avenue, at such times and events and under such terms, conditions, rules and regulations as the beer board may establish which are not inconsistent with state law regulating the sale of beer.

(b) Neyland Drive. The beer board is further authorized and empowered in its discretion to permit the sale of beer on Neyland Drive, in an area generally adjacent to and around the Henley Street Bridge at Neyland Drive, at such times and events and under such terms, conditions, rules and regulations as the beer board may establish which are not inconsistent with state law regulating the sale of beer.

(c) Market Square Mall.

(1) The beer board is further authorized and empowered in its discretion to permit the sale of beer on Market Square Mall, at such times and events and under such terms, conditions, rules and regulations as the beer board may establish which are not inconsistent with state law regulating the sale of beer.

(2) The beer board is also authorized and empowered to permit any person holding a valid retailer's on and off premises or on and off premises with dancing beer permit for a business located on Market Square Mall to sell beer within an outdoor serving area, which is contiguous to the exterior of the building on Market Square Mall. Such sale shall be under terms, conditions, rules and regulations as the beer board shall establish, including but not limited to the length and periods of time during which a special permit may be valid, which are not inconsistent with state law regulating the sale of beer.

Any person desiring to utilize an outdoor serving area under this subsection (2) shall complete and submit an application to the city business tax office on forms provided by that office. Such application shall include, but not necessarily be limited to, the following information:

a. The identity of such person that is requesting the special permit;

b. Information sufficient to determine whether such person possesses a valid retailer's on and off premises or on and off premises with dancing beer permit for the usual premises;

c. The site plan for the outdoor seating area showing where any beer is to be sold and consumed, the specific location of any furniture and equipment and how the area of public right-of-way is to be separated from the remainder of Market Square Mall;

d. The length and periods of time for which such special permit is requested;

e. The safety and liability measures already taken and those that shall continue to be taken by such person with respect to the outdoor serving area.

Upon receipt of the application as required herein, the special permit request shall be posted and advertised in accordance with section 4-61 and subsequently placed on the beer board agenda for consideration by the beer board. The person requesting the special permit shall send representative(s) to the beer board meeting to address any questions or issues that may arise regarding the request.

Notwithstanding any other provisions of this article to the contrary, beer shall not be dispensed from any outdoor bar or serving station. Further, the issuance of a special permit by the beer board pursuant to this subsection (2) does not authorize any person to utilize public right-of-way within and on Market Square Mall for any purpose without express permission granted by the city in the form of a written lease approved by city council.

(d) Old City Neighborhood. 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 on the site of the Old City Neighborhood which is bounded by East Jackson Avenue at Sullivan Street to West Jackson at the west side of Hewgley Park and by South Central Street from Willow Street to North Central at Depot Street, at such time and events, including, but not necessarily limited to, St. Patrick's Day celebration, Dogwood Arts Festival events, and Fourth of July celebration, and under such terms, conditions, rules and regulations, including the temporary closure of public rights-of-way within the area with the express permission and cooperation of the city police department, which terms, conditions, rules and regulations are not inconsistent with state law regulating the sale of beer.

Any person, organization or other entity conducting a special event in the Old City Neighborhood during which beer is to be sold at locations other than within the premises of a permit holder shall provide at least forty-five (45) days advance written notice to the chairman of the beer board, with a copy to the city recorder, of the intent to conduct such a special event. The notice required by this part shall include, but not necessarily be limited to, the following information:

(1) Date and time of the event;

(2) The sponsor of the event;

(3) The specific location where any beer is to be sold outside the premises of an establishment for which a beer permit previously has been issued;

(4) The identity of any permit holders, together with the number of the current beer permit for each such holder, who shall participate in dispensing beer outside of the usual premises;

(5) Any plans for proposed temporary closure of public rights-of-way;

(6) Plans for security and policing of the event; and

(7) The anticipated number of persons attending the event.

Upon receipt of the notice as required herein, the proposed special event shall be placed on the beer board's agenda at its next regularly scheduled meeting following receipt of the notice and the sponsor of the proposed event shall send a representative or representatives to the beer board meeting to address any questions or issues arising out of the proposed special event.

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(several other locations named in code section)

I encourage you to reach out to the City’s insurer for further guidance. It is my understanding there is a rider policy for events serving alcohol on city property, and the insurer also needs advance notice of a decision to permit such sales.