§ 4-12. General provisions.

(a)

All establishments with beer permits shall maintain at least one working telephone for incoming and outgoing calls at all times.

(b)

No owner or employee shall drink any alcoholic beverage while on duty. An owner or manager is assumed to be on duty at all times while in his establishment.

(c)

No beer shall be sold or served to persons under legal age. A person must be 21 years of age to buy, consume, or possess beer. The burden of ascertaining the correct age of all customers shall be upon the owner, operator and employees of the business. A beer permit holder shall be required to have all employees who serve and/or sell beer acknowledge in a form approved by resolution of the county commission the criminal penalties associated with selling or serving beer to persons under legal age. The beer permit holder shall maintain the acknowledgment form in the employee's personnel file. The acknowledgment form and proof that an employee engaged in the business of sale or service of alcoholic beverages has completed an appropriate alcoholic beverage server program shall be available on the premises at all times for inspection by the county sheriffs office alcohol and beverage inspector. Failure to keep such documentation available at all times for inspection shall constitute a civil penalty punishable at the discretion of the commission in accordance with the penalty scheme enumerated in subsection 4-8(b).

Note— By Resolution R-13-6-905, the Knox County Commission approved the form a beer permit holder shall be required to have all employees who serve and/or sell beer execute to acknowledge the criminal penalties associated with selling or serving beer to persons under legal age.

(d)

An owner or employee at any business engaged in the sale of beer shall call the county sheriff's office promptly to report a fight or disturbance.

(e)

Any owner or employee of a business engaged in the sale of beer shall cooperate fully with the county sheriff's office in any investigation.

(f)

Permittee shall not permit disorderly and unruly behavior on or about his premises. The permittee shall maintain an orderly establishment.

(g)

The permittee shall not be in violation of any health, building, or fire regulations.

(h)

The permittee shall not be in violation of any county ordinances, state statutes or federal laws.

(i)

The board shall revoke the beer permit of any permittee who permits or allows any person to appear in the establishment or on the premises for which the permit was issued and to:

(j)

(1)

Publicly or openly perform acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any other sexual acts prohibited by law;

(k)

(2)

Publicly or openly engage in the actual or simulated touching, caressing, or fondling of the breasts, buttocks, anus or genitals;

(l)

(3)

Publicly or openly engage in the actual or simulated displaying of the pubic hair, anus, buttocks, vulva, genitals, or breasts below the top of the areola of any person;

(m)

(4)

Publicly or openly wear or use any device or covering exposed to public view which simulates the human breasts, genitals, anus, pubic hair, or any portion thereof.

(n)

The county commission may revoke or suspend any permit for the sale of beer when it is shown that the permittee is delinquent in paying any fee or privilege tax, the payment of which is required by statute, ordinance or resolution. The board also may revoke or suspend any permit when the permittee fails or refuses timely to provide information which the permittee is required to provide by statute or ordinance.

(o)

The board may revoke or suspend any permit for the sale of beer for consumption on the premises if, in the operation, management and control of his establishment, the permittee allows any minor to loiter about such place of business, and the burden of ascertaining the age of minor customers shall be upon the permittee, as well as upon the owner or operator if such person is not the actual permit holder.

(p)

The board shall revoke the permit of any permittee who operates or allows his establishment to be operated in a disorderly manner. It shall be prima facie evidence that a permittee's establishment is being operated in a disorderly manner if disorderly conduct chronically occurs on the premises, if there is any breach of the peace or unusual disturbance on the premises, or if there is evidence that any violation of law has occurred on the premises.

(q)

Failure to comply with any of the above shall cause the permittee to appear before the county commission and give cause why their license shall not be suspended or revoked or why a fine should not be assessed.

(Ord. No. O-09-3-107, § 1, 4-27-09; Ord. No. O-13-5-103, § 1, 6-24-13)