§ 7.08.150. Suspension and revocation of permit—Civil penalty options.

A.

In addition to its authority in Section 7.08.110, the beer permit board may, at the time it imposes a suspension, offer a permit holder the alternative of paying a civil penalty not to exceed one thousand dollars provided however that the amount of the civil penalty may be increased to an amount not to exceed two-thousand five hundred dollars in the case of a sale to a minor by a permit holder that is not a responsible vendor. If a civil penalty is offered as an alternative to revocation or suspension, the holder 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 If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn. Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that may be imposed.

B.

Revocation, suspension or imposition of a civil penalty may be made where it appears satisfactorily that the premises of any person, firm or corporation holding a beer permit under this chapter are being operated in such manner as to be detrimental to public health, safety and morals.

C.

The action of the board in connection with the issuance of any order revoking or suspending a beer permit or imposition of a civil penalty may be reviewed by statutory writ of certiorari, with a trial de novo as a substitute for an appeal, the petition of certiorari to be addressed to the circuit or chancery court of Davidson County. The procedures in Tennessee Code Annotated Section 57-5-108 are the sole method for review of decisions under this section, as they may be amended.

D.

Where a permit is revoked, no new license shall be issued to permit sale of beer on the same premises until the expiration of one year from the date the revocation becomes final and effective. The board may, in its discretion, determine that issuance of a license or 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 license or any family member who could inherit from such individual under the statute of intestate succession, or, if any new owner is not in any way associated with the owner whose permit was revoked.

E.

The board may revoke or suspend a permit or impose a civil penalty on any beer retailer who is found to possess beer on which the state beer barrelage tax and the county wholesale beer tax has not been paid. The burden of proof shall be on the permit holder to show the taxes on the beer have been paid by showing that the beer was purchased from a Tennessee beer wholesaler by providing a bill of sale or invoice showing name and address of the retailer and wholesaler and the number of containers of each brand purchased, and which shall be signed by the retailer.

F.

A beer permit of a responsible vendor may be permanently revoked only if the permit holder has had two or more violations of selling beer to a minor within a twelve month time period.

(Amdt. 1 to Ord. BL2009-459 § 6, 2009; Ord. BL2009-459 §§ 6, 7, 2009; Ord. 99-1794 § 12, 1999)