§ 7.08.010. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Authorized wholesaler" means a Tennessee wholesaler holding a valid wholesale permit.

"Beer" means beer, ale or any other beverage having an alcoholic content of not more than eight percent by weight.

"Caterer" means a business engaged in offering food and beverage service for a fee at various locations, which (1) operates a permanent catering hall on an exclusive basis; (2) has a complete and adequate commercial kitchen facility; and (3) is licensed as a caterer by the Tennessee Department of Health.

"Clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption.

"Manufacturer" means any person who manufacturers beer on its premises.

"Manufacturer beer permit" means a permit issued by the metropolitan beer permit board to a beer Manufacturer.

"Metropolitan beer permit board" or "board" means that administrative body organized and empowered under the authority of Tennessee Code Annotated, Title 57, Chapter 5 (T.C.A. § 57-5-101 et seq.) and created by Section 7.04.010 of this code.

"Minor" with respect to purchasing, consuming or possessing beer means any person who has not attained the age of twenty-one years.

"Park" means a place or property either owned or maintained by the metropolitan government or by a utility district or an incorporated city, where persons regularly gather for recreational purposes or as spectators; provided, however, that such places or property shall not include those places and properties within the downtown code (DTC) district and core commercial frame district (CF) as defined in Title 17 of this code; provided, further, that such places or property shall not include parks within the boundary described herein as: beginning at the point of the intersection of Interstate 40 and Herman Street, then East to the intersection of Herman Street and 9th Ave. North, then north to the intersection of 9th Ave. North and Jefferson Street, then east to the intersection of Jefferson Street and Interstate 65, then south to the intersection of Interstate 65 and Interstate 40, then west to the point of beginning.

"Performing arts facility" means the following:

1.

A facility owned by a governmental entity and administered by a not-for-profit corporation which facility is located within the downtown code (DTC) district or core commercial frame district (CF) as defined in Title 17 of this code and in which meetings, festivals, live theatrical, musical, and other performances and events are regularly presented; or

2.

A facility possessing each of the following characteristics:

a.

Is located on a tract or tracts of land having at least five contiguous acres;

b.

Is located directly adjacent to property owned or leased by an airport authority created under state law;

c.

Has an enclosed facility of at least twenty thousand square feet and one room with more than fourteen thousand square feet;

d.

Has an exterior garden or gardens with sculpture; and

e.

Is leased or owned by a not-for-profit corporation that qualifies under § 501(c)(3) of the Internal Revenue Code.

3.

A facility totaling more than one hundred seventy-five thousand square feet in size that is owned by a not-for-profit corporation, is located within the downtown code (DTC) district as defined in Title 17 of this code, and includes a concert hall at which live symphonic music is regularly performed.

4.

A performing arts facility meeting the definition in subsections 2. and .3 above may enter into a management agreement with a concessionaire for the provision of food or beverage service (including beer) on its premises, provided that the concessionaire obtains a beer permit pursuant to this chapter. Such concessionaire shall also be considered a performing arts facility under this subsection. The premises of a performing arts facility meeting the definition in subsections 2. and 3. above shall include all enclosed and outdoor areas of the property.

"Permit" means any permit issued pursuant to this chapter.

"Permittee" means any person to whom any permit has been issued pursuant to this chapter.

"Place of worship" means a building or property where a congregation regularly meets at least one day per week for religious worship.

"Premises" means a building, portion of a building, or property that is utilized for a particular business enterprise.

"Resident" means any person who at present is living within Davidson County within the intent that his permanent home shall be within such county.

"Responsible vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the Tennessee Alcoholic Beverage Commission under the "Tennessee Responsible Vendor Act of 2006," Tennessee Code Annotated § 57-5-601, et seq.

"Responsible vendor program" means the program under which vendors and clerks can be certified.

"Retailer" means any person licensed by the metropolitan beer permit board who sells beer for consumption and not for resale.

"Retailer off-sale permit" means a permit issued by the metropolitan beer permit board to a retailer engaged in the sale of beer which is not to be consumed by the purchaser upon the premises of such permittee.

"Retailer on-sale permit" means a permit issued by the metropolitan beer permit board to a retailer engaged in the sale of beer which is to be consumed by the purchaser only upon the premises of such permittee.

"Retailer special events permit" means an on-sale beer permit issued by the metropolitan beer permit board to a retailer engaged in the sale of beer in conjunction with activities which will last for a specified period of time, including, but not limited to, fairs, bazaars, and similar public or private social events.

"School" means a public or private daycare, preschool, kindergarten, elementary, middle or high school.

"Sell" means and includes taking or receiving an order for, keeping or exposing for sale, delivering for value, keeping for intent to sell and trafficking in beer.

"Vendor" means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption.

"Wholesale beer permit" means a permit issued by the metropolitan beer permit board to distributors selling beer solely to retailers.

"Wholesaler" means any person who sells beer to retailers.

(Ord. BL2018-1405 § 1, 2018; Ord. BL2017-654 § 3, 2017; Ord. BL2017-584 § 3, 2017; Ord. BL2016-383 § 1, 2016; Ord. BL2014-822 § 1, 2014; Ord. BL2014-781 § 1, 2014; Ord. BL2009-587 § 1, 2009; Ord. BL2009-459 §§ 1—3, 2009; Ord. BL2004-498 § 1, 2005; Ord. 2002-984 § 1, 2002; Ord. 99-1794 §§ 2, 7 (part), 1999; Ord. 98-1430 § 2, 1998; Ord. 95-1492 § 1, 1995; prior code § 5-1-7)