§ 4-8. Penalties, punitive.

Responsible vendor.

(a)

The county commission shall not, pursuant to T.C.A. § 57-5-608, revoke or suspend the permit of a responsible vendor for a clerk's illegal sale of beer to a minor, if the vendor and the clerk making the sale have complied with the requirements of T.C.A. § 57-5-606 as a responsible vendor under that part, but may impose upon the responsible vendor a civil penalty not to exceed $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 violations within a 12-month period and then only after the state alcoholic beverage commission revokes the permittee's status as a responsible vendor.

Non-responsible vendor.

(b)

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, T.C.A. § 57-5-601 et. seq., or to a participating vendor, if the vendor or clerk making a sale to a minor fails to comply with the requirements of T.C.A. § 57-5-606. With respect to such permittee, the county commission may, at the time it imposes a revocation or suspension, offer the permittee the alternative of paying a civil penalty not to exceed $2,500.00 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000.00 for any other offense. Notwithstanding the ability of the county commission to suspend or revoke a license of non-responsible vendors or in lieu of revocation or suspension, offer the vendor the opportunity to pay a civil penalty not to exceed $2,500.00, the county commission may, at its discretion, exercise the following penalty scheme:

(1)

First offense.

For sale to a minor: Offer the violator a choice between either a 30-day suspension or $500.00 fine;

For any other violation, a letter of admonition, mailed to the permittee with a copy to be maintained by the county clerk for 36 months.

(2)

Second offense.

For sale to a minor: Offer the violator a choice between either a 60-day suspension or $1,000.00 fine;

For any other violation, a 30-day suspension or $500.00 fine

(3)

Third offense.

For sale to a minor: Offer the violator a choice between either a 90-day suspension or $1,500.00 fine;

For any other violation, a 60-day suspension or $1,000.00 fine.

(4)

Fourth offense.

For sale to a minor: Offer the violator a choice between either a 180-day suspension or $2,500.00 fine;

For any other violation, a 90-day suspension or $1,500.00 fine.

(5)

Fifth offense (within 36 months of the first).

Revocation.

(c)

Revocation of beer permits applies only to that permittee, or agents of the permittee, at the location where the offense occurred. Revocation of beer permits shall not stay with the property if the property changes hands, nor may the county commission apply penalties, suspensions or revocations to other beer permits held by the permittee at other locations.

(d)

The county commission may consider revocation of a permittee's beer permit at one location as a disqualifying factor when considering the issuance of beer permits to such permittee at other locations, but such revocation should not be the sole disqualifying factor.

(e)

If a civil penalty is offered as an alternative to revocation or suspension, where allowed [in] subsection (b), the permittee shall have seven 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. The permittee's payment of a civil penalty shall not affect the holder's ability to seek review of the civil penalty pursuant to section 4-9.

(f)

The county may at any time accept the payment of a civil penalty, not to exceed the amounts set forth in subsection (b), by a permittee charged with a violation of this chapter, which payment shall be an admission by the permittee of the violation so charged and shall be paid to the exclusion of any other penalty that the county commission may impose.

(g)

Revocation, suspension, or imposition of civil penalty may be made for any violation of any provision of article chapter or whenever it shall satisfactorily appear that the premises of any person, firm or corporation holding a permit under this article are being maintained and operated in such manner as to be detrimental to the public health, safety, or morals. The board in considering the suspension or revocation of a permit shall consider repeated violations of any ordinance or state law involving prohibited sexual contact on the premises of an adult oriented establishment.

(h)

Where the county commission revokes a beer permit, no new permit shall be issued for the same premises until after the expiration of one year from the date revocation becomes final and effective. The board, in its discretion, may determine that issuance of a permit before the expiration of one year from the date of revocation becomes final is appropriate, if the individual applying for such issuance is not the original holder of the permit or any family member who could inherit from such individual under the statute of intestate succession.

(i)

The county commission may, at its discretion, revoke or suspend the permit of or impose a civil penalty pursuant to subsection (b) on any beer retailer within its jurisdiction who is found to possess beer on which the state beer barrelage tax, imposed by T.C.A. § 57-5-201, and the city and county wholesale beer tax, imposed by T.C.A. § 57-6-103, has not been paid.

(j)

The board 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 state statute or county ordinance or resolution. The board also may revoke or suspend any beer permit when the permittee fails or refuses timely to provide information which the permittee is required to provide by state statute or county ordinance or resolution. Further, the county clerk may revoke any permit for the sale of beer for the failure of the permittee to pay any state or county business tax in a timely manner.

(k)

The board may revoke or suspend any permit for the sale of beer when it is shown that the permittee either permits illegal gambling and/or is in possession of an illegal gambling machine or machines on the premises to which a county beer permit has been issued, regardless of whether the county district attorney general prosecutes said permittee for such an offense. With respect to such permittee, the county commission may, at the time it considers imposing a revocation or suspension, offer the permittee the alternative of paying a civil penalty identical to that which is offered permittees found to have sold beer to minors as provided in this section.

(Ord. No. O-09-3-107, § 1, 4-27-09; Ord. No. O-09-8-101, § 2, 9-28-09; Ord. No. O-10-1-101, § 1, 2-22-10)