§ 7.08.110. Suspension and revocation of permit—Authority.

A.

The metropolitan beer permit board shall have the power to revoke or suspend, and shall be charged with the duty of revoking or suspending, any permits issued by it, upon notice to the permittee and a hearing thereon, for any violation of any provision of state law regulating the sale, storage and transportation of alcoholic beverages or for any violation of any provision of this code or any other ordinance of the metropolitan government or of any private act, county court resolution or City of Nashville ordinance which has the effect of an ordinance of the metropolitan government regulating beer or other intoxicating beverage, or when the permittee:

1.

Operates a disorderly place;

2.

Permits boisterous or disorderly conduct on the premises;

3.

Has been convicted by final judgment of a court of competent jurisdiction of a crime involving moral turpitude;

4.

Permits minors to congregate about the premises;

5.

Sells or transfers the equipment or assets of the business authorized by his permit to another for the purpose of conducting the business on the same premises, unless he shall notify the board in writing immediately upon such sale or transfer, and shall surrender his license within thirty days after said sale or transfer;

6.

Has made a false statement of a material fact in any application or notice to the board;

7.

Sells or allows to be sold on the premises of the permittee any beer to any person under the age of twenty-one years; or

8.

Sells or allows to be sold on the premises of the permittee beer to any person using food stamps issued pursuant to state or federal law for the purchase of such beer.

B.

Pursuant to Tennessee Code Annotated § 57-5-608, the beer board shall not revoke or suspend a permit because of the sale of beer to a minor if, at the time of the sale: (1) the permit holder was a responsible vendor, and (2) the clerk who made the sale was certified under the Responsible Vendor Program, or had been employed for sixty-one days or less. If the permit holder's certification has been revoked, the permit holder shall be punished by the beer board as if the vendor were not certified as a responsible vendor.

C.

In lieu of any suspensions that might have been imposed but for the restrictions set forth in subsection B; the beer permit board may impose a civil penalty not to exceed one thousand dollars. If the beer board determines that a clerk of an off-premises beer permit holder certified under the Responsible Vendor Program sold beer to a minor, the beer board shall report the name of the clerk to the alcoholic beverage commission within fifteen days after such determination by the board.

(Ord. BL2009-459 §§ 4, 5, 2009; Ord. 99-1794 §§ 8 (part), 9, 1999; prior code § 5-1-23)