May 12, 2016 - Town of Farragut

Transcription

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FARRAGUT BOARD OF MAYOR AND ALDERMEN
May 12,2016
BEER BOARD MEETING
6:00 PM
BOARD OF MAYOR & ALDERMEN WORKSHOP
Farragut Business Alliance
6:45 PM
BOARD OF MAYOR & ALDERMEN MEETING
Gancelled, No Business ltems
DzuVE I FARRAGUT, TN 37934 I 865.966.7057
WWW.TOWNOFFARRAGUT.ORG
It is the policy of the Town of Faragut not to discriminate on the basis of race, color, national origin, age,
sex, or disability pursuant to Title VI of the civil Rights Act of 1964, Public Law 93-ll2 and l0l-336 in
its hiring, employment practices and programs. To request accommodations due to disabilities, please call
865-966-7057 in advance of the meeting.
I I4O8 MLTNICIPAL CENTER
&lfa'rîag.rt
FARRAGUT BEER BOARD
May L2,2OL6
6:00 PM
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Approval of Minutes
A. April 28,20L6
Hearing to address Big Kahuna Wings, t2828 Kingston Pike, beer
permit violation(s) of Town of Farragut Code of Ordinances S 8-2OL
et seq.
Hearing to address Casual Pint, 143 Brooklawn Street, beer permit
violation(s) of Town of Farragut Code of Ordinances S 8-2Ot et seq.
Hearing to address China Pearl, 115 Brooklawn Street, beer permit
violation(s) of Town of Farragut Code of Ordinances I 8-2Ot et seq.
Hearing to address El Paraiso, 11110 Kingston Pike, Suite 140, beer
permit violation(s) of Town of Farragut Code of Ordinances 5 8-2OL
et seq.
Hearing to address Hana Sushi & Hibachi, LLL45 Kingston Pike, beer
permit violation(s) of Town of Farragut Code of Ordinances I 8-2OL
et seq.
Hearing to address Mind Yer P's and Clis, tz7L4Kingston Pike, Suite
104, beer permit violation(s) of Town of Farragut Code of
Ordinances S 8-201 et seq.
Hearing to address Snappy Tomato, tL5O7 Kingston Pike, beer
permit violation(s) of Town of Farragut Code of Ordinances S 8-201
et seq.
11408 Mr.rNrCIpAL CENTER
DRIVE I FARRAGUT, TN 37934 | 865.966.1057
WV/W.TOWNOFFARRAGUT. ORG
It is the policy of the Town of Farragut not to discriminate on the basis of race, color,
national origin, age, sex, or disability pursuant to Title VI of the civil Rights Acf of 1964,
Public Law 93-ll2 and 101-336 in its hiring, employment practices and programs. To
request accommodations due to disabilities, please call 865-966-7057 in advance of the
meeting.
FARRAGUT BEER BOARD
Minutes
April 28,2016
Ron Pinchok, Chairman, called the beer board meeting to order at 6:55 PM
Elected officials present were Mayor McGill, Aldermen Markli, Pinchok and
Povlin; Alderman LaMarche was absent.
Approval of Minutes
Motion was made to approve the minutes of March 10,2016 as presented.
Moved by Alderman Povlin, seconded by Alderman Markli; voting yes, Mayor
McGill, Aldermen Markli, Pinchok and Povlin; Alderman LaMarche was absent;
no nays; motion passed.
Business Items
Approval of a Class 2, On-Premise Other Beer Permit for:
Kroger #686, 189 Brooklawn Street
Motion was made to approve the Class 2, On-Premise Other Beer Permit
for Kroger#686, 189 Brooklawn Street. Moved byAlderman Markli, seconded by
Alderman Povlin; voting yes, Mayor McGill, Aldermen Markli, Pinchok and Povlin;
Alderman LaMarche was absent; no nays; motion passed.
Crossfit Farragut, 10863 Kingston Pike
Motion was made to approve the Class 2, On-Premise Other Beer Permit
for Crossfit Farragut, 10863 Kingston Pike. Moved byAlderman Povlin,
seconded by Alderman Markli; voting yes, Mayor McGill, Aldermen Markli,
Pinchok and Povlin; Alderman LaMarche was absent; no nays; motion passed.
Approval of a Class 5, Off-Prem¡se Beer Permit for:
The Fresh Market #21,11535 Kingston Pike
Motion was made to approve the Class 5, Off-Premise Beer Permit for:
The Fresh Market #21 , 11535 Kingston Pike. Moved by Alderman Povlin,
seconded by Alderman Markli; voting yes, Mayor McGill, Aldermen Markli,
Pinchok and Povlin; Alderman LaMarche was absent; no nays; motion passed
Beer Board meeting adjourned at 7:00 PM
Ron Pinchok, Chairman
Allison Myers, Town Recorder
AGENDA NUMBER
1[.
MEETING DATE Mav 12,2016
REPORT TO THE BEER BOARD
PREPARED BY: Allison Myers,
SUBJECT: Hearing
Town Recorder
to address Big Kahuna Wings violation(s) of Town of Farragut Gode of Ordinances g
8-201et seq
INTRODUCTION:
The purpose of this agenda item is to address Big Kahuna Wings, 12828 Kingston Pike violation(s) of
the Town of Farragut Code of Ordinance 58-201 et seq.
DISCUSSION:
The Knox County Sheriff's Department performed a beer sting on various businesses within the Town
of Farragut on April 2L, 20t6. During the operation, an employee of Big Kahuna Wings sold alcohol to a minor
A copy of the Knox County Citation is attached.
The Farragut Beer Board, per section 8-22I, has the power to revoke or suspend Big Kahuna Wings
beer permit or per section 8-223, can offer a civil penalty as an alternative to revocation or suspension. With
respect to such permittee, the beer board may, at the time it imposes a revocation or suspension, offer the
permittee the alternative of paying a civil penalty not to exceed 52,500 for each offense of making or
permitting to be made any sales to minors. The permit holder shall have seven (7) days within which to pay
the civil penalty before the revocation or suspension shall be imposed. lf the civil penalty is not received
within seven (7) days the revocation or suspension shall begin eight (8) days after the beer board hearing. lf
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 by the holder of
the violation so charged and shall be paid to the exclusion of any other penalty that the town may impose.
RECOMMENDATION BY:
Allison Myers, Town Recorder, for approval
PROPOSED MOTION:
7.
Motion to find Big Kahuna Wings suiltv OR not euilty of the violation of selling beer to a minor
lf found guilty:
2. Motion to give a penalty of
for violation for selling beer to a minor at Big Kahuna
Wings.
BOARD ACTION:
MOTION BY
VOTE/TOTAT
YES
NO
ABSTAIN
SECONDED BY
MCGILT
LAMARCHE
MARKLI
PINCHOK
POVTIN
TOWN OF FARRAGUT, TENNESSEE
BDDR BOARD,
v
MAÎT BEDLER
)
)
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NOTICE OF HEARING
TO:
BIG KÁ.HUNA \ilINGS
c/o Matt Beeler
12828 Kingston Pike
Farragut, TN 37934
You ate hereby commanded to appear before the Town of Farragut, Tennessee Beer Board on
Tlrrrrsday, May 12,2Aß at 6:00 P,M. at the Town of Farragut Town Hall located at 11408 Municipal
Center Drive, Farragut, Tennessee.
At that place and time,
Code of Ordinançes $ 8-20
I
et
a hearing
will take place to
address your violation(s) of Town of Farragut
seq. Specifically, on or about A pril 20
and 2l , 2016 an employee of your
business was cited for selling alcohol to a minor in violation of Tenn, Code Ann, g 57-4-203(b) and
Farragut Cocle $ 8-220(6). A copy of the citation evidencing this violation is attached as Exhibit ¡\ to this
Notice. The Town of Fzuragut, Tonnessee Beer Board shall at that time review the facts of this matter
and
determine what penalty, if any, is appropriate under the citcumstances including, but not lirnited,
tevocation ol suspension of your beer pernit, Permit No. 0287, as provided by Town of Farragut Codc
of
Ordinances ç S-223 andlor levying a civil penaþ as provided by Town of Falragut Code of Ordinances
g
8-224.
This 28tr'day of April, 2016,
M, Hale, Esq.
Attorney, Town of Førragut
Iftamsr Rayson LLP
P.O. Box 629
Knoxville, TN 37901
(86s) s2s-s134
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I UNDERSTAND THE AEOVE ÇITATION, ANDTHAT MY SIGNATURE
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AGENDA
NUMBER:ffi
MEETING DATE Mav
t2,2Ot6
PREPARED BY: Allison Myers, Town Recorder
SUBJECT: Hearing
to address Casual Pint violation(s) of Town of Farragut Code of Ordinances $ 8-201 et
seq
INTRODUCTION:
The purpose of this agenda item isto address Casual Pint, 143 Brooklawn Street, violation(s)of the
Town of Farragut Code of Ordinance 58-201 et seq.
DISCUSSION:
of FarragutonApril 20,20L6. Duringtheoperation,anemployeeof theCasual Pintsoldalcoholtotwo(2)
minors. A copy of the Knox County Citations are attached.
The Farragut Beer Board, per section 8-22I, has the power to revoke or suspend the Casual Pint's beer
permit or per section 8-223, can offer a civil penalty'as an alternative to revocation or suspension. With
RECOMMENDATION BY:
Allison Myers, Town Recorder, for approval.
PROPOSED MOTION:
1,. Motion to find the Casual Pint euilty
OR not
lf found guilty:
suiltv of the violation of selling beer to a minor.
for violation for selling beer to a minor at the Casual
Pint.
BOARD ACTION:
MOTION BY
VOTE/TOTAL
YES
NO
ABSTAIN
SECONDED BY:
MC6rrL
TAMARCHE
MARKLI
PINCHOK
POVTIN
TOWN
OX' f,'ARRAGUT, TEN¡IESSEE
BDDR BOARD,
v
BARBARA O'BRIEN
)
)
)
)
)
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NOTICE ON'HEARING
TO¡
THE CASUALPINT
c/o Barbara O'Brien
143 Brooklawn Street
Farragut, TN 37934
You are horeby commanded to appear before the Town of Farragnt, Tennessee Beer Board on
Thursday, May 12, 2016 at 6:00 P,M. at the Town of Fanagut Town Hall located at 11408 Municipal
Center Drive, Farragut, Tennessee,
At that place and time, a hearing will take place to
address your violation(s) of Town of Fatragut
Code of Ordinances $ 8-201 et seq. Specifically, on or about A,pril 20 and2l,2016 an employee of your'
business was cited for selling alcohol to a minor in violation of Tenn. Code Ann. $ 57-4-203(b) and
Faragut Code $ 8-220(6). A oopy of the sitation evidencing this violation is attaohed as Exhibit A to this
Notice. The Town of Faruagut,
Tennessee Beer Board shall at that time review the facts
ofthis matter
and
determine what penalty, if zury, is appropriato under the circumstances includirrg, but not limited,
revocation or suspension of your beer pelmit, Pelmit No. 0038, as provided by Town of Farragut Code
of
Ordinances ç 8-223 and/or levying a civil penaþ as provided by Town of Farragut Code of Ordinanoes
8-224.
This 28tr' clay of April, 2016.
-lu6z,.--)L'
i$**
Thomas M. Hale, Esq.
Attorney, Town of Fawagut
I(ramer Rayson LLP
P.O, Box 629
Knoxville, TN 37901
(86s) s25-5134
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AGENDA
NUMBERL
PREPARED BY: Allison Myers, Town Recorder
SUBJECT: Hearing
to address Ghina Pearl violation(s) of Town of Farragut Gode of Ordinances $ 8-201
et seq
INTRODUCTION:
The purpose of this agenda item is to address China Pearl, 115 Brooklawn Street violation(s)of the
DISCUSSION:
of Farragut on April 2I,20L6. During the operation, an employee of China Pearl sold alcohol to a minor. A
copy of the Knox County Citation is attached.
The Farragut Beer Board, per section 8-22I, has the power to revoke or suspend China Pearl's beer
permit or per section 8-223, can offer a civil penalty as an alternative to revocation or suspension. With
RECOMMENDATION BY:
PROPOSED MOTION:
!.
Motion to find China Pearl guiltv OR not suiltv of the violation of selling beer to a minor
lf found guilty:
for violation for selling beer to a minor at China Pearl.
BOARD ACTION:
MOTION BY
VOTE/TOTAt
YES
NO
ABSTAIN
SECONDED
MCGttt
TAMARCHE
MARKLI
PINCHOK
POVUN
TO\ryN Of,' f,'ARRAGUT, TENNESSEtr
BDER BOARD,
v.
)
)
)
)
)
MEI LIEN WANG
)
NOTICE OF'IIEARING
TO:
CHIN.A,PEARL
c/o Mei Lien Wang or Manager
115 Brooktawn Street
f,'arragut, TN 37934
You are hereby commanded to appear before the Town of Fanagut, Tennessee Beer Board on
Tlrursday, May 12,2016 at ó;00 P,M, at the Town of Farragut Town Hall located at 11408 Municipal
Center Drive, Farragut, Tennessee
At that place and titne,
a hearing
will take place to address your violation(s) of Town of Farragut
Code of Ordinances $ 8-201 et seq. Specifically, on oraboutAprit 20 and2l,2016 an employee of your
business was citod for selling alcohol to a minor in violation of Tenn. Code Ann, $ 57-4-203(b) and
Fat'ragut Code
$ S-220(6>. A copy of the citation evidencing this violation
Noticc, Thc Town of Faragut,
ís attached as
Exhibit A to this
Tennessee Beer Boald shall at that time review the facts of this matter and
detennine what penalty, if any, is appropriate under the circumstances including, but not lirnited,
revocation or suspension of your beer permit, Permit No. 0286, as provided by Town of Farragut Code
of
Otdinances ç 8-223 and/or levying a civil penalty as provided by Town of Farragut Code of Ordinances
g
8-224.
This 28tr'day of April, 2016
)t,. {4(*Thomas M. Hale, Esq,
,4ttorney, Town of Farragut
I(ramet Rayson LLP
P,O. Box 629
Knoxville, TN 37901
(86s) s2s-s134
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DAYOF
HAVINq BEEN DULY SWORN, I DO HERÉBY ATTESTTHATTHE ABOVÉ IS A TRUE AND COMPLETE COPY OFTHE ORIGINAL CITATION,
AND THAT THE INFORMATION CONTA]NED THEFEIN IS TRUE AND CORBECT fO THE BEST OF MY KNOWLEDGE.
SWORN TO AND SUBSCRIBÉD AEFORE ME THIS
SIGNATURE OF OFFICER
INTHE
f,l
2A
DAY OF
JUDGE/CLERK
qENEHAL SESSIONS COURÎOF KNOX COUNW, KNOXVILLE,TN
JUVENILE COUBT
rruox couNTY oRDtNANcE crrATroN
I UNDEFSTAND THE ABOVE
IS NOT AN AOMISSION OF GUILT
MYSIGNATUHE
$TATE OF TENNESSEE T.C.A. CIÏATION
To THts otf^ftoN on
FFOCESSINO W¡TL REgUtT INìOUñ
^T
^ssroNED
AññE8T FOR ASçPAFATE CFIâ'INÂL OFFENgE WHTOH IE PUNIOHAELÊ FYå JåIL SENTENCÉ
oF uP TO StX (61 HoHflts^NoronA ¡s{r FINË, I u NDESSTAND THE ASOVE NOÍICE, ANO
THAT MV SIGN¡ÛURE IS NOT
OF
^N ÔT{I8sION
VIOLAÏOR'S
EULÏ
AGENDA NUMBER
V
PREPARED BY:
SUBJECT: Hearing
to address El Paraiso violation(s) of Town of Farragut Code of Ordinances $ 8-201 et
seq
INTRODUCTION:
The purpose of this agenda item is to address El Paraiso, L1"L10 Kingston Pike, Suite L10 violation(s) of
DISCUSSION:
The Knox County Sheriffs Department performed a beer sting on various businesses within the Town
of FarragutonApril 21,2OL6. Duringtheoperation,anemployeeof
of the Knox County Citation is attached.
El
Paraisosoldalcoholtoaminor. Acopy
The Farragut Beer Board, persection 8-22L, hasthe powerto revoke orsuspend El Paraiso's beer
within seven (7) days t.he revocation or suspension shall begin e¡eht (8) days after the beer board hearing. lf
RECOMMENDATION BY:
PROPOSED MOTION:
L.
Motion to find El Paraiso suiltv OR not euiltv of the violation of selling beer to a minor
lf found guilty:
for violation for selling beer to a minor at El Paraiso.
BOARD ACTION
MOTION BY
VOTE/TOTAL
YES
NO
ABSTA¡N
SECONDED BY:
MCGITL
LAMARCHE
MARKII
PINCHOK
POVLIN
TOWN
OF'
f,'ARRAGUT, TENNESSEE
BEER BOARD,
v.
DÄVID BLANCO
)
)
)
)
)
)
NOTICE OT HEARIIIG
TO:
ELPARAISO
c/o David Blanco or Manager
11110 Kingston Pike Suite 140
f,'arragut, TN 37934
Yon are hereby commanded to appear before the Town of Farragut, Tennessee Beet Board on
Thut'sday, May 12,2016 at 6:00 P,M. at the Town of Faragut Town Hall located at 11408 Municipal
Center Drive, Falragut, Tennessee
a hearing
will take place to addrçss your violation(s) of Town of Fan'agut
Code of Orclillances $ 8-201 er seq. Specifically, on ol about April 20 and21,2016 anemployee of your
br¡siness was cited for selling aloohol to a minor in violation of Tenn. Code Ann. g 57-4-203(b) and
Farragut Code $ 8-22A(q. A oopy of the citation evidencing this violation is attached as Exhibit A to this
Notice, Thc Town of Farragut, Tcnncssee Beer Board shall
at that time reyiow the facts of this matter and
deteuníne what penalty, if any, is appropriate under the circumstances including, but not lirnited,
revocstion or suspension ofyoul beer permit, Permit No. 0046, as provided by Town of Farragut Code
of
Ordinattces ü 8-223 and/or levying a civil penalty as provided by Town of Fan'agut Code of Ordinances
g
8-224.
This 28tr'day of April,20l6.
lti.7L¿'.
)t.
.
AÍtorney, Town of Farragut
Klamer Rayson LLP
P,O, Box 629
Knoxville, TN 37901
(865) 52s-s r34
AL
T.
2t;'611:154tu1
LJ,
OF
þO sr*,
KNOX
[lo.
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T.C.A. CITATION
NANCE CITATION
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KCo- L20407
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COMPLAINT.
tltE
No.
5237
DH¡VER UCE|¡|SE
r¡ r
[[e
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ãPOODE
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DID UNTAWFULLY OPEFATÛPARK A MOÍOR VÊHIOLE:
I OCAI
uPgn¡gfREEftHt{¡H$t
sßl
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AFORES tD OIOÌ{El| AÀofHEf,E COr¡MtTIHE FOLLqwtNc oFFENSE:
I
t
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I
SPEED
IN
l) ESPEEDING
LIMIT AZONE trPACING
MPH
O IMPROPER
r
(!
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Q RADAR EITFAFFICCONTFOL DEVICE
E RECKLESS DRIVING
PASSING E¡ FOLLOWING fOO CLOSELY E¡ PASSING SCHOOL BUS
EESUIPMENTVIOU|{flON.MOTORCYCTE trEOUIPMÉNTVIOLAÍION-AUTOMOBILE trCHILDRESTRAINT OWNDOWTINT
oHANotcAppEo pABKrNc E¡vror¡TroN oF NotsE oRotNANiE
T.C^4,
ORDINANCE
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THE UNDERSIGNED FURTHER STATES THAT HF/SHE
JUST AND REASONABLE GHOUNDS TO BELTEVE AND DOES EELIEVÉ,
THAT THE PERSON NAMED ABOVE COMMITTED THE OFFENSE HEREIN SEf FORTH, CONTRARY TO THE I.AW.
HAVING BEEN DULY SWORN, I DO HEREBY ATTEST THAT THE ABOVE IS A TRUE AND COMPLETE COPY OF THE ORIGINAL O¡TATION,
AND THAT TnE tNFoHMATtoN coNTAtNED THeReru ls rnûE AND coHHEcr ro rHE sEsr oF My KNowLEDcE.
SWORN TO AND SUBSCHIBED BEFORE ME THIS
SIGNATURE OF OFF]CER
1
fN
ÏI-IE
COURT
{þuRT
JUOGE/CLERK
OF KNOX COUNTY KNOXVTLLE, TN
ON
THE
VIOIÁTOR'S
THATMY
(
_-
DAY
OF-
20-
TIME
SÍATE OF TENNESSEE T.C.A, CITATION
KNOX GOUNTY ORDìNANCE CITATION
I UNDERSTANDTHE ABOVE CITAT]ON,
IS NOT AN ADMISSION OF GUILT.
20
OAYOF
-
TO AppEAR ttt couFr otl fHE oAfÉ AcstoNED To ïHlo ctT^ltoN off Ar
POLIC€ STANON ÉOñ EæKINO ANO PßOCESSINC WIl- FESUIT IN YOUH
ARREET FOR A SEPAFATE oñllálllAl OFFENSE WHICH l9 PUNlStlÊt€ BY A J IL SEtúlEltlcE
oF up 1o srx (6t nONrr{S ANorOfi A ¡50 FIN€. I UN OEßSlrlNO THE ,tEollE NOTICE, ANO
lltaf uv Slol{AÌuñE 18 NtrAN AÐl¡l$gK)rl oF GulLT.
-
2/-/þ
AGENDA NUMBER
VI
PREPARED BY: Allison Myers,
SUBJECT: Hearing
Town Recorder
to address Hana Sushi & Hibachi violation(s) of Town of Farragut Gode of
Ordinances $ 8-201 et seq
INTRODUCTION:
The purpose of this agenda item is to address Hana Sushi & Hibachi, LLt45 Kingston Pike violation(s) of
DISCUSSION:
of Farragut on April 2L, 2016. During the operation, an employee of Hanna Sushi & Hibachi sold alcohol to
minor. A copy of the Knox County Citation is attached.
a
The Farragut Beer Board, per section 8-22L, has the power to revoke or suspend Hana Sushi &
Hibachi's beer permit or per section 8-223, can offer a civil penalty as an alternative to revocation or
suspension. W¡th respect to such permittee, the beer board may, at the time it imposes a revocation or
suspension, offer the permittee the alternative of paying a civil penalty not to exceed 52,500 for each offense
of making or permitting to be made any sales to minors. The permit holder shall have seven (7) days within
which to paythe civil penalty before the revocation or suspension shall be imposed. lf the civil penalty is not
received within seven (7) days the revocation or suspension shall begin eight (8) days after the beer board
hearing. lf 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 by the
holder of the violation so charged and shall be paid to the exclusion of any other penalty that the town may
impose.
RECOMMENDATION BY:
PROPOSED MOTION:
L.
Motion to find Hana Sushi & Hibachi suiltv OR not suiltv of the violation of selling beer to a minor
lf found guilty:
for violation for selling beer to a minor at Hana Sushi
& Hibachi.
BOARD ACTION:
MOTION
VOTE/TOTAt
YES
NO
AESTAIN
SECONDED BY:
MCGITL
TAMARCHE
MARKLI
PINCHOK
POVTIN
TQWN OF FARRÀGUT} TEIYNESSEE
BEtrR BOARD,
v.
)
)
)
)
)
)
CHIH-YUN CHEN
NOTICE OF'HEARING
TO;
ITANA SUSHI & HIBACHI
c/o Chln-Yun Chen or Manager
11145 KÍngston Pike
tr'arragut, TN 37934
You are hereby commanded to appear before the Town of Falragut, Tennessee Beer Boald on
Tlrursday, May 12,2016 at 6:00 P.M, at the Town of Famagut Town Hall located at I1408 Municipal
a hearing
will take place to address your violation(s) of Town of Farragut
Cocie of Ordinances $ 8-201 et seq. Speaifically, on or about April 20 and 21, 2016 an employee of your'
busiuess was cited for selling alcohol to a minor in violation of Tenn. Code Ann. $ 57-a-203(b) and
Farmgut Code $ 8-220(6). A copy of the eitation evidenoing this violation is attached as Exhibit A to this
Notice. T[re Town of Farragul Tenuessee Beer Board shall
at
that tilne rcview the facts of this rnattel and
determine what penalty, if any, is appropriate under the circumstances including, but not lirnited,
revocatiou or suspension of your beer pormit, Permit No. 005 1, as provided by Town of Farragut Code
of
Ordinanoes $ 8-223 and/ot' levying a civil penalty as provided by Town of Fan'agut Code of Ordinances
g
8-224.
This 28ll' day
of
April,20l6.
(-;
I wc,*-\'t ' ç\oêu*
Attovney, Town of Farragut
Kratner Rayson LLP
P.O. Box 629
Knoxville, TN 37901
(865) 52s-s 134
,4p
r. 23, 2{li5 1 I : 1í4tu1
No,5237 P,
6 smre
ESSEE T,C.A. CITATION
rruox
ORDINANCE CITATION
O
[(tÛ431
COMPLAINT -
rHE UNoEAsnflED 6En{ô O{,LYS}VORN
No.
t(oî/
5
KCo- L20409
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NUM¡ER
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DID UNTAWFULLY OPEFAÍE/PARK A MOTOR VEHICLE:
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y,rat
sÍl.l
aInErpHKrHwAY
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PASSINO SCHooL BUg
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trREcKLESS
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AUTOMOBILE
EAUIPMENT VIOLATION
O EOUIPMENT VIOLATION - MOTORCYCLE
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OF
NOISE
ORDINANCE
PARKING
I
I
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ORDINANCE:
N
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V
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/l/-a,;n
THAT HE/SHE HAS JUSTAND REASONABLÉ GROUNDSTO BETIEVE ANO OOES BELIEVE'
THE
THATTHE PEBSON NAMED ABOVE COMMITTED THE OFFENSE HEBEIN SET FORTH, CONTRAHYTO THE I.AW.
THIS
dÈ
DAYOF
ilr Lollo,*,eßzi;i,
NO.
ORIG]NAL CITATION.
HAVING BEÉN DULY SWORN, I DO HEREBY ATTESTTHATTHE ABOVE IS ATRUE AND COMPLETE COPY OFTHE
AND THAT THE INFORMATION CONTAINED THEREIN S TÊUE AND CORFECT TO TI'IE EEST OF MY KNOWLEOGE.
f
SWOnru
20--
DAY OF
tO ¡t¡D SUBSCRIBEO BEFORE METHIS
JUDGÚCLÊRK
SIGNATUBE OF OFFICER
sEssroNs couRl oF KNOX CouNü KNoXVILLE, TN
IN
THE
2
OOURT
ON-
I UNDEESTANO THE ABQVE CITATION. AND
IS NOT AN AOMISSION OF GUILT.
vlol-AToR's
ÍHAT MY SIGNATUBE
\Uø'q þoø,
THE '
DAYOF-
20_
OF TENNESSËE T.C.A. CITATION
ïtME
_
AGENDA NUMBER
VI
PREPARED BY:
SUBJECT: Hearing
S
to address Mind Yer P's and Q's violation(s) of Town of Farragut Gode of Ordinances
8-20f etseq
INTRODUCTION:
The purpose of this agenda item is to address Mind Yer P's and Qs,12744 Kingston Pike, Suite 104
violation(s) of the Town of Farragut Code of Ordinance 58-201 et seq.
DISCUSSION:
The Knox County Sheriffs Department performed a beer sting on various businesses within the Town
of Farragut on April 2L, 20L6. During the operation, an employee of Mind Yer P's and C[s sold alcohol to
minor. A copy of the Knox County Citation is attached.
a
The Farragut Beer Board, per section 8-22L, has the power to revoke or suspend Mind Yer P's and C[s
beer permit or per section 8-223, can offer a civil penalty as an alternative to revocation or suspension. With
RECOMMENDATION BY:
PROPOSED MOTION:
7.
Motion to find Mind Yer P's and Cs guiltv OR not euiltv of the violation of selling beer to a minor.
lf found guilty:
2,Motiontogiveapenaltyof-forviolationforsellingbeertoamínoratMindYerP,s
and (s.
BOARD ACTION:
MOTION BY:
VOTE/TOTAL
YES
NO
ABSTAIN
SECONDED
MCGttt
TAMARCHE
MARKTI
PINCHOK
POVLIN
TOWN OF F'.ARRAGUT, TENNDSSEE
BEIR BOARD,
v.
MARCI STILDS
)
)
)
)
)
)
NOTICE OF'HEARING
TO:
MIND YERP's & Q's
c/o Marci Stiles
l2744King¡sfon Pike, Suite 104
Farragut, TN 37934
You
at'e hereby commancled
to appeal before the Town of Farragut, Tennessee Beer Board on
Thrusday, May 72,2016 at 6:00 P.M. at the Town of Faruagut Town Hall located at 11408 Municipal
Center Drive, Farragut Tennessee.
At that place
and tirne, a hearing
wilt take place to address your violation(s) of Town of Farragut
Code of Ordinances $ 8-201 et seq. Specifically, on or about
Aptil 20 and27,2016
an cmployee of your
business was cited fbr selling alcohol to a minor in violation of Tenn. Code Ann. $ 57-4-203(b) and
Falragut Cocle $ 8-22A$\. A copy of the citation evidencing this violation is attached as Exhibit A to this
Notice, The Town of Farragut,
Teunessee Beer Board shall at that tirne review the facts of this matter and
determine what penalty, if any, is appropriate under the oirournstances including, but not limitecl,
revocation or suspension of your beer permit, Pelmit No. 0039, as provided by Town of Farragut Code
of
Ordinances 5 8-223 andlor levying a civ il penalty as provided by 'lown of Farragut Code of Ordinances
$
8-224.
Tlris 28tr'clay of April,
2016.
I
\\-- (-;LLe-.*tyt" ç\nC-Thomas M. Hale, Esq.
,4.ttorney, Town of Førragut
Iü'amer Rayson LLP
P,O, Box 629
Knoxville, TN 37901
(86s) s2s-5134
Ap
fi
r, 23. 2'):6
11
STATE OFTE
EI
i\0,5237 P, 2
: 15Al/]
v1
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T,C.A.CITATION
KNOX
CITATION
No.
KCo- L20405
tt-oo
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T}{E ÚI{OEñSIOilED AE¡KI OUTY SV'OÈ{ UPOTI Hls O^TI{ ÞEFOSES:
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CIcHtLD
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o
EeurpMENTvtolAnoN
AuroMoBtLE
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-L]MIT
o
OHDINANCE:
N
d
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f
t44
,//e
E
IGNED FURTHER STATES THAT HqSHE HAS JUST AND REASONABLE GROUNDS TO BELIEVE AND DOES BELIEVE,
THAT THE PEFSON NAMED AEOVE COMMITTED THE OFFENSE HEREIN SET FORTH, CONTRARY TO TI.IE I.AW
TFIE
AM
n ,õT DAY OF
THIS .¿,
,,
/
Ú ,,*,
gfM
I.IAVING BEEN DULY SWOBN, I DO HEFEBY ATTEST TTIAT THE ABOVE IS A TRUE ANO COMPLETE COPY OF TI.IE OH¡GINAL CITATION,
AND THATTHE INFORMATION CONTAINED THEHEIN ISTRUE AND COHRÉCTTO THE BSST AF MY KNOWLEDGE.
SWORN TO AND SUBSORIEEO BÉFORE ME THIS
20_
DAYOF
JUDGgCLEBK
SIGNATUßE OF OFFICER
GENEHAL SSSSIONS COUFTOF KNOX COUNTY KNOXVILLE, TN
IN THE
o JUVENILE
COUHT
ON
B
r¡lox couNTY oRDINANoE ctrATtoN
I UNDERSTANDTHE ABOVE CIfATION, ANDTHAT MY SIGNATURE
IS NOTAN ADMISSION OFGUILT.
THE '
DAYOF-
STAÍE OF TENNESSEE T.C.A. CITATION
F^|LURE TO APPE^B rN C€U¡ff oN fH€ OÀTE Â$SICNEO TO lXlS CllAnoN oñ Af
PROCESSIÍ{G WILL RESULï lÑ\otJR
AFFROPfiIôTE PoucE ST TìOil FOA SOOI(NG
AñBÊTT FOR A SEPARATE ONIMIilAI- OFFENSE W}IIC}I
^NOIS PUNISTüAELE f'Y A JAIL TE}IIENCE
OF UP
AIID/OF A T5O FINE- I UilOEN9TANO TIIE ABOYE XOTICE, AND
AoMrssroñ oF GUflf
fltE
^¡l
VIOLATOR'S SIGNATURE
åO-TIME-
AGENDANUMBER
VIII.
MEETING DATE Mav 12,2OL6
PREPARED BY:
SUBJECT: Hearing
201 et seq
to address Snappy Tomato violation(s) of Town of Farragut Code of Ordinances $ 8-
INTRODUCTION:
The purpose of this agenda item is to address Snappy Tomato, LL5O7 Kingston Pike violation(s) of the
DISCUSSION:
of Farragut on April 2L,20L6. During the operation, an employee of Snappy Tomato sold alcohol to a minor.
A copy of the Knox County Citation is attached.
The Farragut Beer Board, per section 8-221, has the power to revoke or suspend Snappy Tomato's beer
RECOMMENDATION BY:
PROPOSED MOTION:
t.
Motion to find Snappy Tomato guiltv OR not euiltv of the violation of selling beer to a minor.
lf found guilty:
2.Motiontogiveapenaltyof-forviolationforsellingbeertoaminoratSnappy
Tomato.
BOARD ACTION
MOTION BY:
VOTE/TOTAt
YES
NO
AESTAIN
SECONDED
MCGrrr
TAMARCHE
MARKTI
PINCHOK
POVTIN
TOWN OF FARRAGUT, TENNESSEE
BEER BOARD,
)
)
)
)
)
)
v
SIMONKROSS
NOTICE OFHEARING
TO:
SNAPPY TOMATO
c/o Simon Kross
11507 KÍngston Pihe
Farragut, TN 37934
You are hereby cornmanded to appear before the Town of Farragul, Tennassee Beer Board on
Tlrr.usday, May 12,2016 at 6:00 P,M. at the Town of Faragut Town Hall located at I 1408 Munioipal
At that place
ancl time, a hearing
will take place to address your violation(s) of Town of Faragut
Code of Ordinances $ 8-201 et seq. Specifically, on or about
April20 and2l,2016
an employee of your
bnsiness was cited fol selling alcohol to a rninor in violation of Tenn. Code Ann, $ 57-4-203(b) and
Farragut Code $ 8-220(6'). A copy of the citation evidencing this violation is attached as Exhibit A to this
Notice. The Town of Farragut, Tennessee Beer Boald shall
determitre what penalty,
if
at that time review the facts of this rnattel'and
any, is appropriate undel the sircumstances inoluding, but not limited,
levocation or suspension of your beer permit, Permit No. 0294, as provided by Town of Fatragut Code
of
Ordinances $ 8-223 andlor levying a civil penaþ as provided by Town of Falragut Code of Ofdinances
g
8-224,
This 28tr'day of Aplil, 2016.
-fivaoo.'Yt', , þf
,id.¿
Altorney, Town of Farcagut
Kramer Rayson LLP
P.O. Box 629
Knoxville, TN 37901
(86s) s2s-s134
t
b
Ap
r,
28,
20ì5
11:lóAM
SÏATE OF
T.C,A. CITATION
KNOX COU
(!M?:ftÑl
CITATION
COMPLAINT-
IT
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sl{oRfl uPoN Hls
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No.KCo- L20408
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DID UNTAWFULLY OPERATE/PAFK A MOTON VËHICLE:
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trEQUIPMENTVIOIjTION - MOTORCYCLE O CQUIPUC¡¡TVIOLATION " AUTOMOBILE OCHILO RESTRAINT trWNOOWTINT
ï trHANDICAPPED
NOISE ORDINANCE
t-
E¡ RECKLESS
-LIMIT
I
o
N
e
FUBTHÉB
THAÍ HSSHE HAS JUST AND REASONABLE OFOUNDS fO BELIEVÉ AND DOES BELIEVE,
THAT THE PERSON NAMED ABOVE COMMITTED THE OFFENSE HEREIN SET FOFTH, CONTRARYTOTHE LAW.
THE
Ørtb
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Farragut,
I
N uodeoÌurdtnances
CHAPTER 2. - BEER
FOOTNOTE(S):
--
(2)
--
Editor's note-Ord. No. 14-05,5
1, adopted May 22,2014, amended the Code by repealing former Ch.2,
and enacting a new chapter as set out herein. Former Ch. 2 pertained to similar content,
-8-225,
and deríved from Ord. No. 11-24, adopted November 15,2011.
SS 8-201
Sec. 8-201. - Beer
board establ¡shed.
There is hereby established a beer board to be composed of the board of mayor and aldermen.
(Ord. No. 14-05, 5 1, 5-22-2014)
Sec.8-202. - Meetings of the beer board.
All meetings of the beer board shall be open to the public. The beer board shall hold regufar meetings
upon the second and fourth Thursday of each month when there ís business to come before the beer
board. A special meeting may be called by the chairman, provided reasonable notice thereof to each
member. The board may adjourn a meeting at any time to another tíme and place.
(Ord. No. 14-05, g 'l,5-22-2014)
Sec. 8-203. - Record
of beer board proceedings to be kept.
The recorder shall make a record of the proceedings of all meetings of the beer board. The record
shall be a public record and shall contain at least the following: The date of each meeting; the names of
the board members present and absenÇ the names of the members introducing and seconding motions
and resolutions, etc., before the board; a copy of each such motion or resolution presented; the vote of
each member thereon; and the provisions of each beer permit issued by the board.
(Ord. No. 14-O5,5 1,5-22-2014)
Sec. 8-204. - Requirements
for beer board quorum and action.
The attendance of at least a majority of the members of the beer boar:d shall be required to constitute
a quorum for the purpose of transacting business. Matters before the. board shall be decided by a
majority of the members present if a quorum is constituted. Any member present but not voting shall be
deemed to have cast a "nay" vote.
(Ord. No. 14-05, 5 1,5-22-20141
Sec. 8-205. - Powers and duties of
the beer board.
The beer board shall have the power and it is hereby directed to regulate the selling, storing for sale,
distribut¡ng for sale, and manufacturing of beer within this municipality in accordance with the provisions
of this chapter.
(Ord. No. 14-05, 5 1,5-22-2014)
Sec. 8-206. -
Definitions.
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1.
2.
Applicant shall mean the person on whose behalf an application for beer permit is filed.
Adequote public notice shall consist of publication, where possible, of notice of a meeting or hearing
scheduled by the beer board, either regular or special, in a newspaper of general circulation within
the corporate limits of the Town of Farragut.
3.
Adult entertainment consists of businesses which either directly or indirectly provide sex-related
products and services.
4.
5.
Adult mqterials shall consist of any media material with explicit sexual content available to the public.
Beer means beer, ale or other malt beverages, or any other beverages having an alcoholic content of
not more than five (5) percent by weight, except wine as defined in Tennessee Code Annotated 5 57-3-
101; provided, however, that no more than forty-nine (49) percent of the overall alcoholic content of
such beverage may be derived from the addition of flavors and other nonbeverage ingredients
containing alcohol. Tennessee Code Annotated S 57-5-101 .
6.
Beer boord or board means that administrative body organized and empowered under the authority
ofTennessee Code Annotated 5 57-5-106.
7.
Church means a building or property where a congregation regularly meets at least one (1) day per
week for religious worship.
8.
Certified clerk shall mean a clerk who has successfully satísfied the training requirements contained in
this part, or who has received certification from a responsible vendor training program.
9.
Clerk shall mean any person working in a capability to sell beer directly to consumers for off-premise
consumption.
10.
11
.
Commission shall mean the Tennessee Alcoholic Beverage Commíssion.
Responsible vendor means a person, corporation or other entity that has been issued a permit to sell
beer for off-premise consumption and has received certification by the Tennessee Alcoholic
Beverage Commission under the "Tennessee Responsible Vendor Act of 2006," Tennessee Code
Annotated 5 57-5-601 et seq.
12. Responsible
Vendor Troining Program shall mean a training program related to the responsible sale of
beer for off-premise consumption which has met all the statutory and regulatory requirements set
forth in Tennessee Code Annotated g 57-5-601 et seq.
13.
14.
1
5.
Permit means any permit issued pursuant to this article.
Permittee means any person to whom any permit has been issued pursuant to this article.
Person shall mean any private individual, partnershíp, joint venture, corporation, and any other
business entity or association.
16.
Premise shall mean the property owned, leased, or controlled by the permittee and so connected
with the beer business in which the permittee'is engaged as to form a component or integral part of
it, including, but not limited to, the building and the parking areas surrounding it. Premise includes all
decks, patios and other well-defined outdoor serving and consumÍng areas that are contiguous to the
exterior of the building in which the business is located and that are operated by the business
identified in the permit. A permit shall be valid for all decks, patios and other well-defined outdoor
serving areas that are contiguous to the exteríor of the building in which the business is located, that
are operated by the business and only for a business operating under the name identified in the
permit.
17.
Restqurant shall mean a business establishment whose primary business is the sale of prepared food
to be consumed on the premise.
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1
8.
of
Storoge shall mean the storing or possessing of beer or other alcoholic beverages for the purpose
resale by the permit holder.
19. The pronouns he him and hrs shall refer to persons of the female as well as the male gender, as
applicable.
20. IABC shall mean the Tennessee Alcoholic Beverage Commission.
(Ord. No. 14-05,
S 1, 5-22-2014')
Sec. 8-207. - Permit required for engaging in beer business.
(1) Permit required.lt shall be unlawful for any person to sell, store for sale, distribute for sale, or
manufacture beer without first making application to and obtaining a permit from the beer board.
Each applicant must be a person of good moral character and must certitr/ that he has read and is
familiar with the provisions of this chapter. Five (5) types of permits may be issued by the beer board.
(a)
Class 1 on-premises permit shall be issued for the consumption of beer only on the premises of a
resta u ra nt
(b)
Class 2 on-premises, other permit. Other establishments making application for a permit to sell
beer for consumption on the premíses, which do not qualify, or do not wish to apply for, a class
1
on-premises permit, but which otherwise meet all qther regulations and restrictíons in this
chapter, shall apply for a class 2 on-premises permit.
(c) Class 3 on-premises hotel/motel, permits for operation as a hotel or motel.
(d) Class 4 on-premise tavern, where beer is sold for consumption at a tavern. Tavern shall mean a
business establishment whose primary business is or is to be the sale of beer to be consumed on
the premises. There shall not be more than a total of three (3) taverns located within the
corporate limits of the Town of Farragut.
(e)
Class 5 off-premises permit.
(f)
Class 6, special occasion beer permit. The special occasion beer permit request shall be made on
such form as the board shall prescribe and/or furnish and shall be accompanied by a nonrefundable application fee of one hundred dolf ars ($100.00).
(1
)
The beer board is authorized to issue a special occasion beer permit to bona fide charitable
or nonprofit organizations for special events.
(2)
The special occasion beer permit shall not be issued for longer than one (1) forty-eight-hour
period, unless otherwise specified by the beer board, subject to the limitations on the hours,
imposed by law.
(3)
The application for the special occasion beer permit shall state whether the applicant ís a
charitable or nonprofit organízation, include documents showing evidence of the type of
organization, and state the location of the premise upon which alcoholic beverages shall be
served and the purpose for the request of the license.
(4)
For purposes of this sectio n, bona fide chqritqble or nonprofit orgonization means any
corporation or other legal entity which has been recognized as exempt from federal taxes
under section 501(c) of the lnternal Revenue Code.
(5)
No charitable or nonprofit organization possessing a special occasion beer permit shall
purchase, for sale or distribution, beer from any source other than a licensee as provided
pursuant to state law.
(6)
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Failure of the special occasion permittee to abide by the cond¡tions of the permit and all laws
of the State of Tennessee and the Town of Farragut will result in a denial of a special occasion
beer permit for the sale of beer for a period of two (2) years.
Permits shall at all times be subject to all ot the limitatíons and restrictions provided under this Code and
the laws of the State of Tennessee.
(2)
Permits shall be issued to the owner of the business, whether a person, firrn, corporation, joint stock
company; syndicate, or association.
(3)
The applicant or a representative must appear in person before the board and subject himself to
examination upon any and all questions appertaining to his qualifícations under this ehapter and
amendments thereto. lf the applicant fails to appear before the board the permit request will be
postponed until the next regularly scheduled beer board meeting.
(Ord. No. 14-05, 5 1,5-22-2014)
Sec. 8-208. - Application fees and privilege tax.
(1) Application fee.The application shall be made on such form as the board shall prescribe and/or
furnish, and pursuant to Tennessee Code Annotated 5 57-5-104(a), shall be accompanied by a nonrefundable application fee of two hundred fifty dollars ($250.00), or such larger amount as may be
authorized by the laws of the State of Tennessee.
(2) Privilege føx. There is hereby imposed on the business of selling, distributing, storing or
manufacturing beer a privilege tax of one hundred dollars ($100.00), or such larger amount as may
be authorized by the laws of the State of Tennessee. Any person, firm, corporation, joint stock
company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer
shall remit the tax each successiveJanuary 1 to the Town of Farragut, Tennessee. At the time a new
permit is issued to any business subject to this tax, the permit holder shall be required to pay the
privilege tax on a prorated basis for each month or portion thereof remaining untíl the next tax
payment date.
(Ord, No. 14-05, 5 1,5-22-2014)
State law reference- Tennessee Code Annotated
S
57-5-104(b).
Sec. 8-209. - Public consumption of alcoholic beverages prohibited.
None of the beverages regulated by this chapter shall be consumed upon any public street, public
market not governed by an on-premise permit, alley, boulevard, brídge, nor upon the grounds of any
cemetery or public school.
(Ord. No. 14-05, 51,5-22-20'14)
Sec. 8-210. - Police record check.
The town recorder shall submit all applications to the Knox County Sherriff's Office for a records
check prior to time of the beer board meeting at which the application will be considered.
(Ord. No. 14-05, 51,5-22-2014)
Sec. 8-211. - Application-Requirements and conditions.
Each applicant for a beer permit shall be required to complete a formal, written application in a form
approved by the beer board. Each applicant must explicitly and affirmatively state all of the following:
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1.
The owner or owners of such premise.
2.
Name of applicant's business and whether the applicant is a person, partnership, corporation,
limited liability company or associat¡on.
3.
Location of premise of the business by street address and tax map and parcel.
Telephone number at the location.
4.
lf beer will be sold at two (2) or more restaurants or other businesses, within the same building as
provided by Tennessee Code Annotated 5 57-5-103(aX4), a description of all such businesses.
6. Any fírm, corporation, joint stock company, syndicate, partnership, limited liability company or
association having at least a five (5) percent ownership in the applicant must provide the names
of all owners, stockholders, partners, and members, together with the addresses, telephone
numbers, social security numbers and Federal Tax lD numbers of such individuals. lf an owner,
stockholder, partner or member of the applicant is also a legal entity other than a person. The
same information for its owners is required.
7
ldentity and address, telephone number, and email address of a representative to receive annual
tax notices and other communication from the town.
8
Whether any person, firm, corporation, joint stock companies, syndicate or associations having at
least a five-percent ownership interest ín the applicant or any person employed in the
distribution or sale of beer has been convicted of any violation of the laws against possession,
sale, manufacture, or transportation of beer or other alcoholic beverages or any crime ínvolving
moral turpitude within the past ten (10) years.
9
Whether the applicant is seeking a permit which would allow the sale of beer for on-premise
consumption of beer or for off-premise consumption or both types of consumptíon.
10. The name, address, and telephone number of the owner of the property where the applicant's
business will be located and a copy of the lease governing the applicant's possession of the
premises.
5.
11
The application shall authorize a police records check and shall waive any right the applicant
may have to privacy concerning arrests reflecting on the moral character of the applicant.
12
That the applicant will not engage in the sale of such beverages except at the place or places for
which the beer board has issued a permit or permits to such applicant.
13. That no sales of such beverages will be made except in accordance with the permit granted.
14. The application shall be submitted to the town recorder at least fifteen (15) days prior to the
beer board meetíng at which it is to be considered.
15
Applications shatl at all times be kept on file by the town recorder and shall be open to
inspection of the general public within the limits of federal, state and local law, and any person,
firm, corporation or association knowingly making any false statement in the application shall
forfeit his permit or right to a permit and shall not be eligible to receive any permit for a period of
one (1) year thereafter
16
No applicant for a beer permit for on-premise consumption shall be issued a permit unless the
town recorder has obtained approval of the premise from the building inspector and fire
marshal, and a background report from the Knox County Sheriff's Office recommending approval.
17.
Any other information as may be deemed material and requested by the beer board and/or
town staff.
(Ord. No. 1 4-05, 5 1, 5-22-201 4)
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Sec.8-212. - Reserved.
Sec. 8-213. - Beer perm¡ts shall be restríct¡ve.
All beer permits shall be restrictive as to the type of beer business authorized under them. Separate
permits shall be requíred for selling at retail, storíng, distributing, and manufacturing. Beer permits for
retail sale of beer may be further restricted so as to authorize sales only for either off-premise or onpremise consumption. lt shall be unlawful for any beer permit holder to engage in any Çpe or phase of
the beer business not expressly authorized by his permit. lt shall likewise be unlawful for holder of a
permit not to comply with any and all express restrictions or conditíons in the permit.
Where an owner operates two (2) or mo!"e restaurants or other businesses u¡ithín the same building,
the owner may, in the owner's díscretion, operate some or all such businesses pursuant to the same
permit.
(Ord. No. 14-05, S 1,5-22-2014]'
State law reference- Tennessee Code Annotated 5 57-5-301(a) provides that neither beer permit
holders nor persons employed by them may have been "convicted of any violation of the laws against
possession, sale, manufacture and transportation of intoxicatÍng lÍquor or any crime involving moral
turpitude" within the previous ten years. Under Tennessee Code Annotated S 57-5-301(b), violations are
punishable under state law as a Class A misdemeanor. Under Tennessee Code Annotated 5 16-1 8-302,
town courts may only enforce local ordinances that mirror, substantially duplicate or incorporate by
reference Class C misdemeanors. Town courts are thus prohibited from enforcing ordinances making
violations of Tennessee Code Annotated 5 57-5-301 (a) a local offense.
Sec. 8-214. - Permits not
transferable; permitted locations for consumption.
(1) The beer permit is only for the owner to whom the permit is issued and cannot be transferred to
another owner. lf the owner is a corporation, a change in ownership shall occur when control of at
least fifty (50) percent of the stock of the corporation is transferred to a new owner.
(2) The beer permit is only for a singf e location, except as provided in section 8-213, and cannot.be
transferred to another locatíon. A permit shall be valid for all decks, patios and other outdoor serving
areas that are contiguous to the exterior of the building in which the business is located and that are
operated by the business.
(3) Notwithstanding any provision of this part to the contrary, when a permittee applies for a new permit
based solely upon a change of the name under which the business operates with no change
whatsoever in the ownership of the business or the location of its operation, upon completion of the
appropriate application form and payment of any required fees, the town recorder shall be
authorized to íssue the new permit without further review by the beer board.
(Ord. No. 14-05,5 1 ,5-22-2014)
Sec. 8-215. - Display
of permit.
The permit required by this chapter shall be posted in a conspicuous place on the premise.
(Ord. No. 14-05, 5 1,5-22-2014)
Sec. 8-216. -
lnterference with public health, safety, and morals prohibited.
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No permit authorizing the sale of beer will be issued when, as determined in the discretion of the
board, such business would cause congestion of traffic or would interfere with schools, residences,
churches, or other places of public gathering, or would otherwise interfere with the public health, safety,
and morals.
ln no event wíll a permít be issued authorizing the manufacture or storage of beer, or the sale of beer
within three hundred forty (340) feet of any school or church. The distances shall be measured in a
straight line from the nearest point on the building from which the beer will be manufactured, stored or
sold to the nearest point on the building of the school or church. No permit shall be suspended, revoked
or denied on the basis of proximity of the establishment to a school or church if a valid permít had been
issued to any business on that same location, unless beer ís not sold, distributed or manufactured at that
location during any continuous six-month period.
ln no event will a permit of any type required by this chapter be issued for use in conjunction with an
establishment in which there is permitted:
(1)
Any female to appear or remain on the premise so costumed or dressed that one (1) or both
breasts are wholly or substantially exposed to public view. "Wholly or substantially exposed to
public view," as it pertains to such exposure shall mean the showing of the female breast with
less than a fully opaque covering of any portion of the breast below the top of the nipple.
(2)
Any person to appear or remain upon the premise so costumed or dressed that the pubic hair,
anus, or genitals are exposed to public view.
(Ord. No. 14-05, g 1,5-22-2014)
Sec. 8-217. - lssuance of permits to persons convicted of certain crimes prohibited.
No beer permit shall be issued to any person who has been convicted of a crime related to the
possession, sale, manufacture, or transportation of intoxicating liquor or illegal drugs, or any crime
involving moral turpitude within the past ten (10)years.
(Ord. No. 14-05,
S
1,5-22-2014)
Sec. 8-218. - Classes of consumption permits.
Permits issued by the beer board shall consist of five (5) classes:
1
Class 1 on-premises permit.
A class 1 on-premises permit shall be issued for the consumption of beer only on the premises.
To quali! for a class 1 on-premises permit, an establishment must, in additíon to meeting the
other regulations and restrictions in this chapter:
a.
Be a restaurant or an eating place regulated, monitored and rated by the State of Tennessee;
and
b.
c.
Provide adequate and sanitary kitchen and dining room equipment on the premise; and
The establishment for which a permit for on-premise consumption is sought must sell food
prepared for on-premise consumption as a normal, regular and integral part of its everyday
activities and such food is available for purchase duríng the same hours that beer is sold for
on-premise consumption; and
d.
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Be able to seat a minimum of fifteen (15) people, including children, in booths and at tables,
in addition to any other seatíng it may have; and
e.
f.
2.
Have all required seating in the interíor of the building under a permanent roof; and
To satisfu the requlrement that it sell food for on-premise consumption as a normal, regular
and integral part of its business, the on-premise permit holder must generate a minimum of
sixty (60) percent of the gross revenues of the establishment from food sales. Reporting
procedures for establishments holding an on-premise permit are herewith established.
Reporting forms shall be provided to establishments holding an on-premise permit and shall
detailfood sale and alcoholic beverage sale percentages on an annual basis and shall be due
on or before June 30. The permit hoider wiii submit copies of aii saies tax returns and iiquor
by the drink returns, with appropriate documentation. These returns shall be subject to audit
by the town. Reporting year shall beJanuary 1 through December 31 of the previous year.
The town recorder shall keep a record of such compliance and noti¡/ the beer board of an
establishment which fails to meet the sixty (60) percent ratio.
Class 2 on-premises permit, other. Other establishments making application for a permít to sell
beer for consumptíon on the premises, which do not qualifi7, or do not wish to apply for, a class
1
on-premises permit, but which otherwise meet all other regulations and restrictions in this
chapter, shall apply for a class 2 on-premises permit. To qualify for a class 2 on-premises permit,
an establishment must, in addition to meeting the other regulations and restrictions in this
chapter:
a.
g¡-premise permit holder must generate a minimum of ninety-five (95) percent of the gross
revenues of the establishment from sales other than alcoholic beverages. Reporting
procedures for establishments holding an on-premise permit are herewith established.
Reporting forms shall be provided to establishments holding an on-premise permit and shall
detail sales and alcoholic beverage sale percentages on an annual basis and shall be due on
or beforeJune 30. The permit holder will submit copies of all sales tax returns with
appropriate documentatíon. These returns shall be subject to audit by the town. Reporting
year shall be January 1 through December 31 of the previous year. The town recorder shall
keep a record of such compliance and notify the beer board of an establíshment which fails
to meet the ninety-five (95) percent ratio.
3.
Class 3 on-premises hotel/motel permits for operation as a hotel or motel.
lf a hotel or motel otherwise meets the requirements of thís code and the laws of the State of
Tennessee for either on-premise consumption permit or for an off-premise consumption permit,
it ís eligible to hold two (2) separate permits. All on-premise consumption permits for
hotels/motels are subject to the following additional conditions:
a.
b.
The hotel/motel that holds the permit must have fifty (50) or more guest rooms;
c.
The permit holder may only sell beer at the front desk for the establíshment, or through
retail convenience shop that is within the hotel/motel building and that ís regularly
maintained as such by the motel/motel; and
d.
The total receipts of the hotel/motel resulting from the sale of beer and other alcoholic
beverages may not exceed forty (40) percent of the total revenues received by the permit
The permit holder may only sell beer to guests of the hotel/motel, but only for consumption
within the guest room assigned to the guest;
a
holder hotel/motel.
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l-arragut, TN Code of Ord¡nances
for consumption at a tavern. Tavern shall mean a
primary
business establishment whose
business is or is to be the sale of beer to be consumed on
premises.
There
shall
not
be
more
the
than a total of three (3) taverns located within the
corporate limits of the Town of Farragut. To qualify for a class 4 on-premises permit, an
establishment must, in addition to meeting the other regulations and restrictions in thís chapter:
a. Be housed in building space and/or tenant space that does not exceed three thousand
(3,000) gross square feet.
Class 4 on-premise tavern where beer is sold
b.
c.
d.
5.
Not make or âllow the sale of beer between the hours of 12:00 a.m. and 12:00 p.m. on
Sundays, and between 12:00 a.m. and 1 0:00 a.m. on all other days of the week.
ln no event will a permit be issued authorizing the manufacture or storage of beer, or the
sale of beer within three hundred forty (340) feet of any school or church. The distances shall
be measured in a straight line from the nearest point on the building from which the beer will
be manufactured, stored or sold to the nearest point on the buílding of the school or church.
No permit shall be suspended, revoked or denied on the basís of proximity of the
establishment to a school or church if a valid permit had been issued to any business on that
same location, unless beer is not sold, d¡stríbuted or manufactured at that location during
any cont¡nuous six-month period.
Provide throughout with an approved, supervised autonìatic fire sprinkler system installed in
accordance with NFPA_1 3.
Class 5 off-premises permit.
A retailer's "off-premise permit" shall be issued to any person engaged in the sale of beer where
the beer is not io be consumed by the purchaser or his guest upon or near the premise of the
seller.
6.
Class 6 special occasion beer permit.
The special occasion beer permit request shall be made on such form as the board shall
prescribe and/or furnish and shall be accompanied by a non-refundable application fee of one
hundred dollars ($1 00.00).
a.
The beer board ís authorized to issue a special occasion beer permit to bona fide charitable
or nonprofit organizations for special events.
b.
The special occasion beer permit shall not be issued for longer than one (1) forty-eight-hour
period, unless otherwise specified by the beer board, subject to the limitations on the hours,
imposed by law.
c.
The application for the special occasion beer permit shall state whether the applicant is a
charitable or nonprofit organization, include documents showing evidence of the type of
organization, and state the location of the premise upon which alcoholic beverages shall be
served and the purpose for the request of the license.
d.
For purposes of this section:
1.
Bona fide charitable or nonprofit organization means any corporation or other legal
as exempt from federal taxes under section 501(c) of
.';| il.ii:îli:î:'.nä::n'"0
e.
No charitable or nonprofit organization possessing a special occasion beer permit shall
purchase, for sale or distribution, beer from any source other than a licensee as provided
pursuant to state law.
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5t5t2016
f.
Failure of the spec¡al occasion permittee to abide by the conditions of the permit and all laws
of the State of Tennessee and the Town of Farragut will result in a denial of a special occasion
beer permit for the sale of beer for a period of two (2) years.
(Ord. No. 14-05, g "1,5-22-2014)
Sec. 8-219. - Prohibited conduct or activities by
beer permit holders, employees and persons engaged in
the sale of beer.
The following acts or conduct on licensed premised are deemed contrary to public policy, safety,
health and morals and it shall be unlawful for any beer permit holder, employee or person engaged in the
saie of beer to:
(1)
Employ any person convicted of a crime related to the possession, sale, manufacture, or
transportation of intoxicating liquor, or any crime involving moral turpitude within the past ten
(1 0) years.
(2)
Employ any minor under eighteen (18) years of age in the sale, storage, distribution or
manufacture of beer.
(3)
Make or allow the sale of beer between the hours of 3:00 a.m. and 10:00 a.m. on Sundays, and
between 3:00 a.m. and 5:00 â;ffl. or'l all other days of the week.
(4)
Allow any loud, unusual, or obnoxious noises to emanate from the premise of the beer permit
holder.
(s)
Allow any person under twenty-one (21) years of age to loiter ín or about the place of business of
the beer permit holder.
(6)
Make or allow the sale of beer to a minor under twenty-on e (21) years of age.
(7)
Operate or permit any employee or any other person to operate any gambling device or game of
chance whatsoever.
(8)
Bring, cause or allow to be brought onto the premises of any permittee any prohibited drugs
under the provisions and within the meaning of the Tennessee Code Annotated.
to provide and maintain separate sanitary toilet facilities for men and women or fail to
comply with any state, county or local health laws and regulatíon.
(10) Exhibit any motion pictures for which a fee for entrance to the theater is charged.
(1 1) Allow the sale of beer in any establishment where adult entertainment occurs or adult
materials, novelty or other adult items are sold or stored.
(12) Employ, use or allow any person in the sale or service of alcoholic beverages or malt beverages
in or upon the licensed premises while such person is unclothed or in such attire, costume or
clothíng as to expose to view any portion of the female breast below the top of the areola or of
any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(13) Employ, use or allow the services of any hostess or other person to mingle with the patrons
while such hostess or other person is unclothed or in such attire, costume or clothing as
(e)
Fail
described in subsection t(12)1.
(14) Encourage or permit any person ton the licensed premises to touch, caress or fondle the
breasts, buttocks, anus or genitals of any other person.
(1s)
Permit any employee or person to wear or use any device or covering, exposed to view, which
simulates the breast, genitals, anus, pubic hair or any portion thereof.
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(16)
Allow any person on the licensed premises under the guise of entertainment to perform acts or
simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any other sexual acts prohibited by law; engage in the actual or simulated touching,
caressing, orfondling of the breasts, buttocks, anus orgenitals; engage in the actual orsimulated
displaying of the pubic hair, anus, buttocks, vulva, genitals, or breasts below the top of the areola
of any person; wear or use any device or covering exposed to public view which simulates the
human breasts, genitals, anus, pubic hair, or any portion thereof.
(Ord. No. 14-05, 5 1, 5-22-2014)
Sec. 8-220. - lssuance.
After all inspectíons have been made and the applicant for a beer permít has met all requirements of
this article, afterall necessaryfees and charges have been paid bythe applicant, and afterthe beer board
has determined the applicant has complied with all other requirements contained in this article, the board
shall approve the application. Within a reasonable time following final approval of the application, a beer
permit shall be issued to the applicant. The permittee shall retain such beer permit for as long as he shall
wish to do business at the premise for which it was issued; provided that such permit is not revoked or
susþended by the board.
(Ord. No. 14-05, g 1,5-22-2014')
Sec.8-221. - Revocation or suspension of beer permits.
The beer board shall have the power to revoke or suspend any beer permit issued under the
provisions of this chapter when the holder thereof is guilty of making a false statement or
misrepresentation in his applicatíon for failing to take actions required by this chapter or of violating any
of the provisions of this chapter, including, but not limited to, the provisions of section 3-220. However, no
beer permit shall be revoked or suspended until a public hearing is held by the board after reasonable
notice to all the known parties in interest. Revocation or suspension proceedings may be initiated by the
town administrator or member of the beer board.
Pursuant to Tennessee Code Annotated 5 57-5-608, the beer board shall not revoke or suspend the
permit of a "responsible vendor" qualified under the requirements of Tennessee Code Annotated S 57-5606 for a clerk's illegal sale of beer to a minor if the clerk is properly certified and has attended annual
meetings since the clerk's original certification, unless the vendor's status as a certified responsible vendor
has been revoked by the alcoholic beverage commission. lf the responsible vendor's certification has been
revoked, the vendor shall be punished by the beer board as if the vendor were not certified as a
responsible vendor. "Clerk" means any person working in a capacity to sell beer directly to consumers for
off-premise consumption. Under Tennessee Code Annotated 5 57-5-608, the alcoholic beverage
commission shall revoke a vendor's status as a responsible vendor upon notification by the beer board
that the board has made a final determination that the vendor has sold beer to a minor for the second
time in a consecutive twelve-month period. The revocation shall be for three (3)years.
(Ord. No. 14-05, 5 1,5-22-2014)
Sec.8-222. - Fire and building inspection.
No beer permit of any type shall be issued unless and until the premise to which such permit is
applicable have been inspected and have passed the minimum fire and building codes adopted by the
town.
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51512016
Farragut, TN Codeof Ordinances
The beer board shall have the power to revoke any beer permít issued under the provisions of this
chapter when the premise are found to be in violation of the minimum fire and life safety codes and
building codes. No beer permit shall be revoked until a public hearing is held by the beer board after
reasonable notice to all the known parties in interest. Revocation proceedings may be initiated by the
town administrator, or a member of the beer board.
(Ord. No. 1 4-O5, 5 1, 5-22-201 4)
Sec. 8-223. - Civil penalty in lieu
A.
B.
C.
of revocation or suspension.
Responsible vendor. The beer board shall not, pursuant to Tennessee Code Annotated S 57-5-608,
revoke or suspenci the permit of a responsibíe vencior for a cierk's iiiegai saie of beer to a minor, if the
vendor and the clerk making the sale have complied with the requirements of Tennessee Code
Annotated 5 57-5-606 as a responsible vendor under that part, but may impose upon 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 violation of this article or state law. Permanent
revocation of beer permits issued to responsible vendors may only be applied when a responsible
vendor permittee commits at least two (2) violations within a twelve-month period and then only after
the state alcoholic beverage commission revokes the permittee's status as a responsible vendor.
Non-responsible vendor. The prohibition of subsection (A) concerning the revocation or suspension of
the vendor's permit shall not apply to any vendor who is not a responsible vendor under the
Responsible Vendor Act, Tennessee Code Annotated 5 57-5-601 et seq., or to a participat¡ng vendor, if
the vendor or clerk making a sale to a minor fails to comply with the requirements of Tennessee Code
Annotated 5 57-5-606. With respect to such permittee, the beer: board may, at the time it imposes a
revocation or suspension, offer the permittee 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 minors, or a civil penalty not to exceed one thousand dollars ($1,000.00) for any other
offense.
lf a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven
(7) days within which to pay the civíl penalty before the revocation or suspension shall be imposed. lf
the civil penalty is not received within seven (7) days the revocation or suspension shall begin eight (8)
days after the beer board hearing. lf the civil penalty is paid withín that time, the revocation or
suspension shall be deemed withdrawn.
Payment of the cívil penalty in lieu of revocation or suspension by a permit holder shall be an admission
by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the
town may impose.
(Ord. No. 14-05, S 1,5-22-2014)
Sec. 8-224. - Violations.
Any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable
by a penalty under the general penalty provision of this code. Each day a violation shall be allowed to
continue shall constitute a separate offense.
(Ord. No. 14-05, 5 1,5-22-2014)
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AGENDA NUMBER
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PREPARED BY: Allison Myers, Town RecorderÆreasurer
SUBJECT: Farragut Business Alliance Workshop
Materials will be available at the workshop.

May 12, 2016 - Town of Farragut

Transcription

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