Subject: 9969/City Code/Ch.5/Alcoholic Beverages Date: Tue, 7 Sep 1993 15:21:49 -0500 ORDINANCE NO. 9969 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, SECTIONS 5-71, 5-75 AND 5-82, RELATIVE TO ALCOHOLIC BEVERAGES. _________________________ WHEREAS, with the enactment of Chapter 297 of the Public Acts of 1993, the application fee charged to beer permit applicants has increased to $250.00, and an annual privilege tax is levied on beer permitees, and municipalities are permitted to obtain fines in lieu of suspension or revocation of beer permits for violations of this Ordinance; and WHEREAS, the City of Chattanooga desires to amend the Ordinance regulating alcoholic beverages and beer permits to reflect the changes made to the law by Chapter 297, Public Acts of 1993, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, SECTION 1. That Chattanooga City Code Part II, Chapter 5, be and the same hereby is amended so as to delete Sections 5-71(c) and 5-71(d) in their entirety and substitute in lieu thereof the 0C following new Section 5-71(c),(d) and add Section 5-71(h). The new Sections shall read: (c) The applicant for a permit for the sale of beer or other beverage of like alcoholic content shall pay to the city treasurer an application fee of two hundred fifty dollars ($250.00), imposed for the cost of investigating the location and the character of the applicant, for each location for which a beer permit is sought. Such fee shall apply to all applications for each and every classification of beer permit including any initial or first time application and shall further apply to applications for a transfer of a permit to a new owner or a new location, as well as applications for a temporary thirty (30) day permit. This fee is non-refundable and shall be in addition to any other fees or taxes specified herein. (d) The application shall distinctly state: (1) Name of the applicant; (2) Name of applicant's business; (3) Location of business by street address or other geographical description to permit an accurate determination of conformity with the requirements of this section; (4) If beer will be sold at two (2) or more restaurants or other businesses within the same building pursuant to the same permit. (5) Identity and addresses of persons, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent (5%) ownership interest in the applicant; (6) Identity and address of a representative to receive annual tax notices and any other communication from the county legislative body or its committee; (7) That no person, firm, joint-stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant nor any person to be 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 involving moral turpitude within the past ten (10) years; (8) Whether or not the applicant is seeking a permit which would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both of the foregoing; and 0C (9) Such other information as may be required by the Beer Board of the City of Chattanooga. An applicant or permit holder shall be required to amend or supplement its application promptly if a change in circumstances affects the responses provided in its application. Any applicant making false statement in the application shall forfeit the permit and shall not be eligible to receive any permit for a period of ten (10) years. * * * (h) There is hereby imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of ONE HUNDRED DOLLARS ($100.00). Any person, firm, corporation, joint stock company, syndicate or association, engaged in the sale, distribution, storage or manufacture of beer shall remit the tax on January 1, 1994, and each successive January 1, to the City of Chattanooga, 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 until the next tax payment date. SECTION 2. BE IT FURTHER ORDAINED, That the Chattanooga City Code Part II Chapter 5 be and the same hereby is amended so as to delete Sections 5-75(b) and 5-75(e) in their entirety and substitute in lieu thereof the following new Section 5-75(b), Section 5-75(e) and add Section 5-75(f) and the new Sections shall read: (b) The sale of beer or other beverages of like alcoholic content for consumption on the premises within five hundred (500) feet, or two hundred (200) feet for consumption off the premises, as measured from any doorway entrance to the building of the applicant regularly used for public ingress or egress to the nearest doorway entrance to the school, church, or other place of public gathering regularly used for public ingress or egress shall be prohibited; provided however, 0C this prohibition shall not apply to any proposed permit location within the area zoned C-3 central business district; provided, further, that this distance proximity prohibition shall not apply to any location that has heretofore been issued a valid permit to sell, store or manufacture beer or other beverages of like alcoholic content under previous distance proximity restrictions contained in Ordinance No. 6777, dated July 23, 1974, Ordinance No. 6978, dated November 18, 1975, Ordinance No. 7679, dated June 7, 1980, or Ordinance No. 8021, dated July 20, 1982, but if any such permittee shall cease or discontinue the sale of beer for six (6) months, then the distance proximity prohibition contained in this section shall thereafter apply to such locations. * * * (e) To the extent that it shall be called to the attention of the beer board that it may hereafter have issued any beer permit to a location not qualified under the provision of this section or that a nonconforming permittee within the prohibited distance provision has ceased to sell beer for more than six months, then it shall be the duty of the beer board, upon notice to the permittee and an opportunity for the permittee to be heard, to revoke any permits which have been issued in violation of this section. (f) No permit required by this division shall be issued where a person, firm, corporation, joint stock company, syndicate, or association having at least a five percent (5%) ownership interest in the applicant has been convicted of any violation of the laws against possession, sale, manufacture or transportation of beer or other alcoholic beverages or any crime involving moral turpitude within the past ten (10) years, or has had a permit under this Chapter revoked within one year or is currently under suspension. SECTION 3. The Chattanooga City Code Part II, Chapter 5 be and the same is hereby amended so as to add the following Section 5-82(b) which shall read: 0C (b) The beer board may, at the time it imposes a revocation or suspension, offer a permit holder the alternative of paying a civil penalty not to exceed ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) for each offense of making or permitting to be made any sales to minors or a civil penalty not to exceed ONE THOUSAND DOLLARS ($1000.00) for any other offense. If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. SECTION 4. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law. PASSED on Third and final Reading October 26, 1993. s/s________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: ______ DATE: October 27, 1993. s/s________________________________ MAYOR DMC:meb