§ 4-4. Application procedure and fees.

(a)

Any person wishing to sell beer within the unincorporated area of the county shall complete and file one original and three copies of beer permit applications with the county clerk. The applicant may obtain a beer permit application from the office of the county clerk located in the Old Knox County Courthouse, located at 300 Main St., Knoxville, TN 37902.

(b)

Upon filing an application, the applicant shall pay an application fee of $250.00 to the county clerk. No portion of the fee shall be refunded to the applicant, notwithstanding any action taken by the county commission.

(c)

In order to be placed on the county commission agenda, an applicant must file an application with the county clerk no fewer than 15 days prior to the next scheduled county commission meeting.

(d)

Each beer permit application shall be notarized two times, one time by the signature of the applicant and one time by the signature of the witnesses.

(e)

The applicant shall disclose the following information in the application:

(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 applicable zoning laws;

(4)

If beer will be sold at two or more businesses within the same building pursuant to the same permit as provided by subsection 4-3(c), a description of all such businesses;

(5)

Individuals, firms, corporations, joint-stock companies, syndicates, or associations having at least a five percent ownership interest in the applicant's business;

(6)

Identity and address of a representative to receive annual tax notices and any other communication from the county commission or county clerk;

(7)

That no person, firm, corporation or other entity having at least a five percent 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 years;

(8)

Whether the applicant is seeking a permit that would allow the sale of beer either for on-premises consumption or for off-premises consumption, or both. If a holder of a beer permit for either off-premises consumption or on-premises consumption desires to change the permit holder's method of sale, the permit holder shall apply to the county legislative body or committee appointed by such body for a new permit; and

(9)

Such other relevant information as may be required by the county commission.

(f)

An applicant or permit holder shall be required to promptly amend or supplement its application if a change in circumstances affects the responses provided in its application.

(g)

In order to receive a permit, the applicant must establish by sworn testimony before the county commission that:

(1)

The applicant is a resident of the state of;

(2)

The applicant understands and shall abide by the county beer laws;

(3)

The information contained in the applicant's beer permit application is current and accurate;

(4)

No beer will be sold except at places where such sale will not cause congestion of traffic or interference with schools, churches, or other places of public gathering, or otherwise interfere with the public health, safety, or morals, nor permit illegal gambling machines on the premises;

(5)

No sale shall be made to minors;

(6)

No person having at least a five percent 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 the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance, or any crime involving moral turpitude within the past ten years;

(7)

A permittee will not allow any consumption of any alcoholic beverages on the sidewalks, streets or property within the immediate vicinity of the permittee's business;

(8)

No alcoholic beverages will be kept for sale in such premises, except in the original containers or packages;

(9)

No person employed by the applicant in such distribution or sale has been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or the manufacture, delivery, sale or possession with intent to manufacture, deliver or sell any controlled substance that is listed in Schedules I through VI of T.C.A. § 39-17-401 et seq., convicted of a felony or any crime involving moral turpitude within the past ten years;

(10)

No sale shall be made for on-premise consumption unless the application so states; and

(11)

All licensees/permittees must complete a server training course approved by the county sheriff. Further, responsible vendors must likewise comply with all state licensing/training requirements.

(12)

Such other testimony as the county commission may require.

(h)

An applicant, other than a corporation or a limited liability company, shall report to the county sheriff's office of records for photographic and fingerprint identification prior to filing an application with the county clerk. The applicant shall return the photographic and fingerprint identification to the county clerk's office 15 days prior to the county commission meeting at which the application will be considered.

(i)

The applicant must obtain a valid county business tax license prior to filing a beer permit application. If the application is for an existing business, the previous owner(s) must file a final business tax return and close their account with the county clerk's office prior to filing an application.

(j)

The county fire marshal, the county code administration department, and the county health department must inspect and approve the location where beer is to be sold within 15 days of the date of application. The county sheriff's office alcohol and beverage inspector must also approve the application before the county clerk issues a permit.

(k)

If beer was sold at the location previously and the new applicant has purchased the existing business, any outstanding permit must be surrendered to the county clerk before the county commission may issue a new permit.

(l)

At the time the county clerk issues a beer permit, the permittee shall pay the state privilege tax as required by T.C.A. § 57-5-104.

(m)

Any knowingly false statement made by an applicant either in the beer permit application or in testimony before the county commission shall result in automatic revocation of the beer permit in question.

(Ord. No. O-09-3-107, § 1, 4-27-09; Ord. No. O-11-11-101, § 1, 12-19-11)