§ 7.08.140. Prohibited acts—By permit holders, agents or employees.

It is unlawful for any beer permit holder or his agent or employee:

A.

To employ any person convicted for the possession, sale, manufacturing or transportation of intoxicating liquor or any crime involving moral turpitude within the past ten years;

B.

To employ any person that has been released from incarceration within the past ten years for conviction of any crime involving moral turpitude. For purposes of this subsection, "moral turpitude" means premeditated murder, all sex related crimes, the illegal sale of Schedule I and II controlled substances, and crimes of fraud or embezzlement.

C.

To make or permit to be made any sale of beer to a person under twenty-one years of age;

D.

To sell, give away, or allow beer to be consumed on any premises granted a permit under this chapter from three o'clock (3:00) a.m. to six o'clock (6:00) a.m. on weekdays and from three o'clock (3:00) a.m. to ten o'clock (10:00) a.m. on Sundays. This provision shall not apply to any beer permit holder that is permitted by Section 57-4-203(d)(6) of the Tennessee Code Annotated, as enacted by House Bill 1289 (2017 Tenn. Pub. Ch. 371), to sell or give away alcoholic beverages at any time of day except for the hour between three o'clock (3:00) a.m. and four o'clock (4:00) a.m. Such permit holders may sell, give away, or allow the consumption of beer on their premises during any hours they are permitted by state law to sell or give away alcoholic beverages;

E.

To allow any person under eighteen years of age to loiter or congregate about the premises. The burden of ascertaining the age of minor persons shall be on the permit holder and his agent or employee. When a minor is seated at a table, there shall be no beer served at the table unless such minor is accompanied by one or both of his parents, but only if served in conjunction with food;

F.

To make false statement of a material fact in his application for any beer permit;

G.

To operate a disorderly place;

H.

To knowingly allow beer to be passed from a lawful purchaser or possessor to a minor for consumption on the premises of the permit holder. The burden of ascertaining the age of persons who may not lawfully possess beer shall be on the permit holder and his agent or employee;

I.

For a retailer to knowingly sell to a lawful purchaser who purchases beer for consumption by a minor. The burden of ascertaining the age of persons who may lawfully possess beer shall be on the permit holder and his agent or employee;

J.

To permit boisterous or disorderly conduct on the premises;

K.

To sell or transfer the equipment or assets of the business authorized by his permit to another for the purpose of continuing the business on the same premises, unless he shall notify the board in writing immediately upon such sale or transfer, and unless he shall give the name and address of the purchaser within said notice. A beer permit holder shall surrender his license to the board within thirty days after the sale or transfer is consummated;

L.

Make or allow any sale to any intoxicated person or to any feebleminded, insane or otherwise mentally incapacitated person;

M.

Allow any intoxicated person to loiter on or about his premises;

N.

For a retailer or wholesaler, to store beer in any place other than the address listed on the permit;

O.

To sell or allow 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;

P.

To allow gambling or gambling devices of any kind or description contrary to state law on the premises;

Q.

To allow solicitation for purposes of prostitution on the premises;

R.

To allow or engage in any criminal activity on the premises.

(Ord. BL2018-1440 § 1, 2019; Ord. BL2017-834 § 1, 2017; Ord. BL2014-654 § 1, 2014; Ord. BL2013-633 § 1, 2014; Ord. BL2013-592 § 1, 2013; Ord. BL2008-349 § 2, 2008; Amdt. 1 with Ord. 2003-1363 § 1, 2003; Ord. 99-1794 §§ 8 (part), 11, 1999; Ord. 93-669 §§ 1, 2, 1993; Amdt. 1 to Ord. 91-2, 10/15/91; Ord. 91-2 § 1, 1991; prior code § 5-1-23.3)