57-4-201 - Alcoholic beverage commission to administer law Permits Procedure Rules and regulations.
57-4-201. Alcoholic beverage commission to administer law Permits Procedure Rules and regulations.
(a) (1) The commission created pursuant to chapter 1 of this title, has the authority to administer the provisions of parts 1-3 of this chapter.
(2) The commission shall make regulations, not inconsistent with this chapter, for clarifying, interpreting, carrying out and enforcing the terms of this chapter, for ensuring the proper and orderly conduct of business by licensees, and for regulating all advertising of alcoholic beverages by licensees.
(3) Expiration of the licenses granted pursuant to this chapter shall be as provided by § 57-3-213(a), (b) and (c).
(4) Further, all the provisions of §§ 57-3-214 and 57-3-404(a) and (b), shall apply to licensees under this chapter.
(b) (1) Any person, firm or corporation owning any hotel, convention center, premiere type tourist resort, restaurant, club, historic performing arts center, community theater, theater, historic interpretive center, urban park center, zoological institution, public aquarium, museum, historic mansion house site or commercial passenger boat company as defined in § 57-4-102, desiring to sell wine or other alcoholic beverages for consumption on its premises where food may be served, shall make application to the commission in duplicate on forms furnished by the commission for a permit so to do. The commission is authorized to issue a limited permit to a restaurant making application under § 57-4-101(c)(1), authorizing such restaurant to serve wine but not any other alcoholic beverages. Any person, firm or corporation desiring to sell wine or other alcoholic beverages for consumption on the premises of any terminal building of a commercial air carrier airport as defined in § 57-4-102, or of a commercial airline travel club as defined in § 57-4-102, or of a sports authority facility as defined in § 57-4-102, shall make application to the commission in duplicate on forms furnished by the commission for a permit to do so. No person, firm or corporation shall be authorized to engage in making such sales until the permit therefor is approved and issued by the commission.
(2) No license may be granted hereunder to any establishment when any person, firm or corporation having at least a five percent (5%) ownership interest in the establishment has been convicted within ten (10) years prior to the application for a license hereunder of a violation of the laws governing the sale or manufacture of alcoholic beverages or of any felony.
(c) (1) Any club seeking to obtain a license under this chapter shall, as a condition precedent to its obtaining such license, cause to be printed in a newspaper of general circulation in the county or municipality where such club is located a public notice that the club is seeking a license from the commission to sell liquor by the drink. The notice shall include the name and address of each officer of such club, the address of the location of the club, an indication of the number of regular dues paying members, and the name and address of the individual to be in actual charge of the sale of alcoholic beverages. The commission is authorized to promulgate rules and regulations further establishing the content and format of such notice.
(2) Any club seeking to obtain a license under this chapter shall submit with its application a certificate signed by the county executive or chairman of the county commission in which the club is located if outside the corporate limits of a municipality or, if within a municipality, from the mayor or a majority of the commission, city council or legislative body of the municipality by whatsoever name designated, or if the municipality has no mayor, from the highest executive of the municipality. The certificate must state that the persons to be in actual charge of the sale of alcoholic beverages are of good moral character and are personally known to the official or officials signing the certificate, or that such official or officials have made careful investigation of the person's or persons' general character, and from such investigation it is found to be good. In the event the club is unable to obtain such certificate from the proper certifying official, the applicant shall file with the commission with the applicant's application a petition in duplicate stating that the applicant has made application to the certifying official for the certificate and same has been wrongfully, illegally or arbitrarily refused, and otherwise setting forth reasons why the applicant is entitled to such license, notwithstanding the refusal aforementioned, and the manner in which the refusal is wrongful, illegal or arbitrary. The commission shall hold a hearing to determine whether the license shall be issued. The hearing shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission shall make such order granting or refusing the license as, in its discretion, the entire record at such hearing shall justify, and such order shall be effective from its date.
(3) The provisions of this subsection shall not be applicable to any club having a license on May 1, 1980, or to the renewal of a license for such club.
(d) The commission shall have authority to require an applicant, under oath, to disclose the following information:
(1) The name of the applicant;
(2) Location of the hotel, convention center, premiere type tourist resort, restaurant, club, historic performing arts center, community theater, theater, historic interpretive center, urban park center, zoological institution, public aquarium, museum, historic mansion house site, terminal building of a commercial air carrier airport, commercial airline travel club, commercial passenger boat company, or sports authority facility;
(3) Sufficient data to establish that applicant meets the requirements of §§ 57-3-110, 57-4-101, 57-4-102;
(4) The true owner thereof;
(5) That neither the applicant nor any person to be employed in the serving of beverages authorized herein shall be a person who has been convicted of any violation of the laws against possession, sale, manufacture or transportation of intoxicating liquor or of any felony within eight (8) years prior to the application for a license hereunder;
(6) That the manager and/or operator of the hotel, convention center, premiere type tourist resort, restaurant, club, zoological institution, public aquarium, museum, community theater, theater, historic interpretive center, historic performing arts center, establishment in a terminal building of a commercial air carrier airport, commercial airline travel club, commercial passenger boat company, or sports authority facility seeking such permit is of good moral character; and
(7) Such other relevant information as may be required by the commission.
(e) The commission is authorized to promulgate rules and regulations governing its procedure but it shall consider all applications promptly.
[Acts 1967, ch. 211, § 1; 1970, ch. 451, § 1; 1972, ch. 682, § 3; 1972, ch. 756, § 4; 1979, ch. 401, § 3; T.C.A., § 57-154; Acts 1980, ch. 895, § 2; impl. am. Acts 1980, ch. 898, § 1; Acts 1981, ch. 232, § 1; 1981, ch. 447, § 1; 1981, ch. 475, §§ 3, 4; 1983, ch. 52, §§ 3-5; 1983, ch. 300, § 4; 1983, ch. 469, §§ 3-5; 1984, ch. 975, §§ 3-5; 1986, ch. 643, § 1; 1986, ch. 899, §§ 4-6; 1987, ch. 444, §§ 5-7; 1991, ch. 219, § 3; 1992, ch. 674, §§ 3-5; 1998, ch. 939, §§ 4, 5; 2001, ch. 74, § 3.]