57-4-103 - Applicability of chapter Referendum Form of question.
57-4-103. Applicability of chapter Referendum Form of question.
(a) (1) The provisions of this chapter shall be effective in any jurisdiction which authorizes the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106.
(2) (A) Except as provided in subdivision (a)(2)(B), if the county election commission receives the necessary petition requesting the referendum not less than forty five (45) days before the date on which an election is scheduled to be held, except for referenda scheduled to be held with the regular November general election which shall be held pursuant to § 2-3-204, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
(B) In counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000) according to the 1990 federal census or any subsequent federal census, if the county election commission receives the necessary petition requesting the referendum not less than thirty (30) days before the date on which an election is scheduled to be held, the county election commission shall include the referendum question contained in subsection (b) on the ballot.
(3) If any county has authorized the sale of alcoholic beverages for sale for consumption off premises pursuant to § 57-3-106, then any municipality wholly or partially within the boundaries of the county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of the municipality.
(4) (A) If any municipality located in any county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by § 57-3-106, then any other municipality located within the boundaries of such county may conduct a referendum to authorize the sale of alcoholic beverages for consumption on the premises within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(12) or § 57-3-106(b)(1). Notwithstanding the provisions of § 57-3-106(c) requiring such elections to be held at the next regular election of the municipality, the county election commission shall place the question on the ballot of the November 2008 general election; provided, that the municipal governing body of the municipality to which this subdivision (a)(4) applies calls for the referendum by July 15, 2008; and provided, further, that all costs associated with the referendum election shall be paid for by the calling municipality.
(B) The question submitted to the voters shall be in the following form for this election:
For legal sale of wine (T.C.A. 57-3-101(a)(21)) for consumption on the premises in _____________________________________________________________________ (here insert name of political subdivision).
Against legal sale of wine (T.C.A. 57-3-101(a)(21)) for consumption on the premises in _____________________________________________________________________ (here insert name of political subdivision).
(5) When a municipality is located partly within a county that has a metropolitan form of government and the county has approved sales of alcoholic beverages for consumption on the premises and partly within another county that has not approved sales of alcoholic beverages for consumption on the premises, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not approved sales of alcoholic beverages for consumption on the premises. The referendum result shall not affect the sale of alcoholic beverages for consumption on the premises in the portion of the municipality located in the county having a metropolitan form of government.
(b) At any such election, the only question submitted to the voters shall be in the following form:
For legal sale of alcoholic beverages for consumption on the premises in _______________________________________ (here insert name of political subdivision).
Against legal sale of alcoholic beverages for consumption on the premises in _______________________________________ (here insert name of political subdivision).
[Acts 1967, ch. 211, § 4; 1971, ch. 59, § 1; 1972, ch. 510, § 1; 1975, ch. 71, §§ 1, 2; 1977, ch. 445, § 1; modified; T.C.A., § 57-164; Acts 1984, ch. 877, § 1; 1987, ch. 456, § 2; 1988, ch. 551, § 1; 1992, ch. 711, § 1; 1993, ch. 518, §§ 18, 21; 1998, ch. 618, § 2; 2005, ch. 262, § 1; 2006, ch. 607, § 1; 2007, ch. 52, § 1; 2008, ch. 778, §§ 1, 2.]