CHAPTER 2 PACKAGE BEER
SECTION
8-201. Beer board established.
8-202. Powers.
8-203. Members.
8-204. Terms.
8-205. Administration.
8-206. Officers.
8-207. Meetings.
8-208. Record of proceedings to be kept.
8-209. Requirements for beer board quorum and action.
8-210. “Beer” defined.
8-211. Beer business lawful but subject to regulation.
8-212. permit required for engaging in beer business.
8-213. Beer permits shall be restrictive.
8-214. Permits for certain premises prohibited.
8-215. Application for and issuance or refusal of
permit.
8-216. Filing, investigation of, and action on
applications.
8-217. Permits not transferable.
8-218. Permits to be posted.
8-219. Privilege tax.
8-220. Sales and consumption prohibited during certain
hours.
8-221 Prohibited conduct or activities by beer
holders.
8-222 Suspension or revocation or permit; civil
penalty.
8-223. Sales to minors prohibited; employment of
ex-convicts prohibited.
8-224. Employees liable for violations of this
chapter.
8-225. Penalities; violation.
8-226. Continued existence.
8-201. Beer board established. There is hereby
established a Beer Board for the City of Brownsville,
Tennessee. (Ord. # 863 Aug. 16, 2008)
8-202. Powers. The beer board shall have the power
to and is hereby directed to regulate the selling,
storing for sale, distributing for sale and
manufacturing of in the city of Brownsville,
Tennessee. The beer board is authorized to make and
establish reasonable bylaws beer, rules and
regulations as may be necessary for their own
government and for the full and complete execution of
their powers and duties. The beer board is hereby
vested with all authority to issue, deny, revoke and
suspend permits for the sale of beer, as provided by
the laws of the State of Tennessee and in accordance
with the rules and procedures set forth in this
chapter. The beer board shall operate in accordance
with the provisions of this chapter in accordance with
such other rules and procedures as may be promulgated
by said board.
8-203. Members. The beer board shall be composed of
three (3) members who shall be residents of the City
of Brownsville and who shall be appointed by the Mayor
and approved by the City Board. All members of the
beer board shall serve without compensation. Members
may not serve more than eight (8) consecutive years on
the board.
8-204. Terms. The terms of the members of the beer
board shall be staggered to provide continuity and
experience on the board. One member shall serve for
two (2) years, the next member shall serve for three
(3) years, and the final member shall serve for four
(4) years. The next term each member will serve four
(4) years each. Members of the board may be removed by
the Mayor and Board of aldermen for neglect of duty,
conflict of interest, malfeasance in office, violation
of the ethics ordinance, or other just cause, or for
unexcused absence for more than three (3) consecutive
meetings or more than five (5) non-consecutive
meetings during the member’s term of appointment. It
is the duty of the City of Brownsville City Clerk to
advise the city Board when removal is recommended or
necessary based on the provisions herein. The decision
of the Mayor and Board of Aldermen will be final with
no appeal. Board members who are unable to attend
regular meetings are expected to tender their
resignation. Any vacancy shall be filled by the Mayor
and Board of Aldermen for the remainder of the
unexpired term.
8-205. Administration. To facilitate its
deliberations, the beer board shall be assisted by the
City Clerk, and/or employees designated by the City
clerk.
8-206. Officers. The beer board shall annually
elect a chairman from among its membership to preside
over its deliberations. Likewise, the beer board shall
annually elect a vice-chairman from among its
membership to preside over the beer board’s
deliberations in the absence of the chairman. The City
Clerk, or another employee designated by the City
Clerk, shall be the ex-officio secretary of the beer
board.
8-207. Meetings. The beer board shall hold regular
meetings at such place and time as it shall prescribe.
When there is business to come before the beer board,
a special meeting may be called by the chairman
provided he gives reasonable notice to all members.
The beer board may adjourn a meeting at any time to
another time and place. All meetings shall be open to
the public.
8-208. Record of proceedings to be kept. The
secretary shall make a record of the proceedings of
all meetings of the beer board. The record shall be a
public record and shall contain at least the
following: the date of each meeting; the names of the
board members present and absent; the names of the
members introducing and seconding motions and
resolutions before the board; a copy of each motion or
resolution presented; the vote of each member thereon;
and the provisions of each beer permit issued by the
board.
8-209. Requirements for beer board quorum and
action. The attendance of at least a majority of the
members of the board shall be required to constitute a
quorum for the purpose of transacting business.
Matters before the board shall be decided by a
majority of the members present if a quorum is
constituted.
8-210. “Beer” defined. The term “beer” as used in
this chapter shall be defined in accordance with
Tennessee Code Annotated, 57-5-101 as beer, ale or
other malt beverages, or any other beverages having an
alcoholic content of not more than five percent (5%)
by weight, except wine as defined in Tennessee Code
Annotated, 57-3-101 (a)(20); provided, however, that
no more than forty none percent (49%) of the overall
alcoholic content of such beverage may be derived from
the addition of flavors and other non beverage
ingredients containing alcohol.
8-211. Beer business lawful but subject to
regulation. It shall hereafter be lawful to transport,
store, sell, distribute, possess, receive, and/or
manufacture beer within the corporate limits of the
City of Brownsville subject to all regulations,
limitations, and restrictions provided by Tennessee
Code Annotated, title 57, chapter 5, or other laws of
the state and subject to the rules, regulations,
limitations, and restrictions subsequently provided
herein. No signs pertaining to beer sales shall be
displayed so as to be visible from outside of
business. Permits will not be issued to locations that
are within 300 feet of a church or school.
8-212. Permit required for engaging in beer
business. It shall be unlawful for any person, firm,
corporation, including a municipal corporation or any
subdivision thereof, joint-stock company, syndicate or
association to sell, store for sale, distribute for
sale, or manufacture beer without first making
application to and obtaining a permit from the beer
board. The application shall be made on such form as
the board shall prescribe and/or furnish and shall be
accompanied by a non-refundable application fee as set
forth in Tennessee Code Annotated 57-5-104(a). Said
fee shall be in the form of a check payable to the
City of Brownsville. Each applicant must be a person
of good moral character and he must certify that he
has read and is familiar with the provisions of this
chapter.
8-213. Beer permits shall be restrictive. All beer
permits shall be restrictive as to the type of beer
business authorized under them. Separate permits shall
be required for selling at retail, storing,
distributing, and manufacturing. Beer permits for the
retail sale of beer may be further restricted by the
beer board so as to authorize sales only for
off-premises consumption. It shall be unlawful for any
beer permit holder to engage in any type or phase of
the beer business not expressly authorized by such
holder’s permit. It shall likewise be unlawful for any
such beer permit holder not to comply with any and all
express restrictions or conditions which may be
written into such holder’s permit by the beer board.
8-214. Permits for certain premises prohibited. No
permit shall be issued to sell beer or other beverage
coming within the provisions of this chapter in
violation of any provision of state law, or where such
sale will cause congestion of traffic or will
interfere with schools, or churches, or will otherwise
interfere with the public health, safety, or morals.
In no event will a permit be issued authorizing the
manufacture, storage, or sale of beer within three
hundred (300) feet of any school or church. For
purposes of this section, distances shall be measured
in a straight line from the closest point of the
applicant’s building to the closest point of the
building, of the school or church. If the applicant
leasing space in a shopping center or strip mall the
distance shall be measured in a straight line from the
closest point of the nearest interior wall of the
applicant’s leased space to the closest point of the
building of the school or church.
8-215. Application for and issuance or refusal of
permit. Before any permit is issued by the beer board,
the applicant therefore shall file with the city clerk
a sworn application in writing establishing the
following facts which are hereby made conditions of
any permit issued and any misstatement of fact shall
be sufficient for cause for the revocation of such
permit:
(1) The applicant shall be a citizen of the United
States or a legal resident alien, or if a firm,
syndicate, association or other business entity, the
members thereof holding an interest greater than forty
nine percent (49%) shall be citizens or legal resident
aliens of the United states, and no applicant shall be
less than twenty-one (21) years of age. The applicant
shall designate the location of the premises where the
business will be conducted and shall name the owner or
owners (including members, shareholders, officers
and/or mangers) of the premises.
(2) No person shall be employed in the storage,
sale, or manufacture of such beverage except citizens
of the United States or legal resident aliens.
(3) The applicant shall not engage in the sale of
such beverages except at the place or places for which
the beer board has issued a permit or permits to said
applicant.
(4) No sale of such beverage shall be made except
in accordance with the following conditions:
a) If the application is for a permit to sell not
for consumption on the premises, no sale will be made
for consumption on the premises. Furthermore, no
consumption shall be allowed on the premises. No such
beverage will be kept for sale on said premises except
in the original packages or containers.
(5) No sale shall be made to persons under twenty
one (21) years of age.
(6) Neither the applicant, nor any person employed
by him in the sale, storage, or distribution of beer,
nor any person, firm, corporation, joint-stock
company, syndicate, or association having at least
five percent (5%) ownership interest in the applicant,
has been convicted of any violation of the laws
against possession, sale, manufacture or
transportation of beer or other alcoholic beverages,
or any crime involving moral turpitude or any
conviction for a crime violating a drug or alcohol law
or a crime involving physical violence, within the
last ten (10) years. If an applicant has a
disqualifying criminal cause pending against him at
the time of application for a beer permit, then the
board may require that the applicant report to the
town clerk within thirty (30) days of resolution of
the pending criminal matter, the final outcome of the
matter, which outcome or resolution may cause the
applicant’s beer permit to be placed on the beer board
agenda for consideration of suspension or revocation
in accordance with 8-223. Failure to timely report in
accordance with this provision shall be considered by
the board in its deliberations.
(7) The applicant shall conduct the business in
person for himself. If the applicant is acting as
agent, the application shall state the person for whom
the applicant intends to act.
(8) The applicant shall comply with the by-laws and
rules of procedure of the City of Brownsville Beer
Board.
The applicant shall not purchase beer except from
manufacturers or distributors licensed to manufacture
or distribute such beverage in this state. No
manufacturer or distributor shall sell beer for resale
except to those who have been licensed by the beer
board.
The beer board shall consider each application file
and grant or refuse the permit according to its best
judgment of the facts and circumstances. Revocation of
a beer permit at one location shall not be the sole
disqualifying factor in considering the issuance of
beer permits at other locations. The action of the
beer board in granting or refusing a permit shall be
final except as same is subject to court review.
Any applicant making a false statement in the
application shall forfeit such applicant’s permit and
shall not be eligible to receive any permit for a
period of ten (10) years.
8-216. Filing, investigation of, and action on
applications.
Applications for permits shall be filed with the
secretary, who shall make an investigation. The police
department and the codes enforcement and inspection
division shall assist in the investigation. Upon
completion of said investigation, the secretary shall
submit the application to the beer board at its next
meeting. The beer board shall consider the application
and shall endorse its action thereon. If approved, the
secretary shall issue a permit.
8-217. Permits not transferable. (1) A permit shall
be valid only for the owner to whom the permit is
issued and cannot be transferred to another owner. If
the owner is a corporation, a change of ownership will
occur when control of at least fifty percent (50%) of
the stock of the corporation is transferred to a new
owner. In addition, a permit shall be valid only for a
business operation under the name identified in the
permit application.
(2) Except as provided in 8-213, a permit is valid
only for a single location and cannot be transferred
to another location. A permit shall be valid for all
decks, patios, and other outdoor serving areas that
are contiguous to the exterior of the building in
which the business is located and that are operated by
the business; provided, however, that if a deck or
patio is added subsequent to the initial permitting
process, it must comply with all applicable distance
requirements in this code.
(3) A permit holder must return such holder’s
permit to the City of Brownsville within fifteen (15)
days of termination of the business, change in
ownership, relocation of the business or change of the
business’s name; provided, that notwithstanding the
failure to return a beer permit, a permit shall expire
on termination of the business, change in ownership,
relocation of the business change of the business’s
name.
8-218. Permit to be posted. The permit required by
this chapter shall be posted in a conspicuous place on
the premises by the permit holder, together with all
other permits, licenses and stamps as required by law.
8-219 Privilege tax. There is hereby imposed on the
business of selling, distributing, storing or
manufacturing beer an annual privilege tax as set
forth in Tennessee Code Annotated, 57-5-104(b)(1). Any
person, firm, corporation, joint-stock company,
syndicate or association engaged in the sale,
distribution, storage or manufacture of beer shall
remit the tax on January 1 of each year to the City of
Brownsville, Tennessee. At the time a new permit is
issued to any business subject to this tax, the permit
holder shall be required to pay the privilege tax on a
prorated basis for each month or portion thereof
remaining until the next tax payment date. The City of
Brownsville shall mail written notice to each permit
holder of the payment date of the annual tax at least
thirty (30) days prior to January 1. Notice shall be
mailed to the address specified by the permit holder
on its permit application. If a permit holder does not
pay the tax by January 31 or within thirty (30) days
after the written notice of the tax is mailed,
whichever is later, then the City of Brownsville shall
notify the permit holder by certified mail that the
tax payment is past due. If a permit holder does not
pay the tax within ten (10) days after receiving
notice of its delinquency by certified mail, then the
beer board may suspend or revoke the permit or impose
a civil penalty pursuant to 8-223.
8-220. Sales and consumption prohibited during
certain hours. No sale, disposition, use or
consumption of any beverage coming within the
provisions of this chapter shall be made within the
hours of 3:00 A.M. and 6:00 A.M. Nor shall any permit
holder give away or otherwise dispense any beverage
coming within the provisions of this chapter to any
person during the hours prohibited in the immediately
preceding sentence.
8-221. Prohibited conduct or activities by beer
permit holders. It shall be unlawful for any beer
permit holder to:
(1) Be convicted of any violation of the laws
against possession, sale, manufacture or
transportation of beer or other alcoholic beverages,
any crime involving moral turpitude or any conviction
for a crime violating a drug or alcohol law or a crime
involving physical violence, within the last ten years
(10) If a permit holder shall become convicted of an
aforementioned crime, then he shall have the duty to
report said conviction to the city clerk within ten
(10) days of such conviction, which conviction may
cause the permit holder’s beer permit to be placed on
the beer board agenda for consideration of suspension
or revocation in accordance with 8-223. Failure to
timely report in accordance with this provision shall
be considered by the board in its deliberation;
(2) Employee any person convicted of any violation
of the laws against possession, sale, manufacture or
transportation of beer or other alcoholic beverages,
any crime involving moral turpitude, or any conviction
for a crime violating a drug or alcohol law or a crime
involving physical violence, within the last ten (10)
years. If a permit holder shall employ any person who
becomes convicted of an aforementioned crime, then he
shall have the duty to report said conviction to the
city clerk within (10) days of such conviction, which
conviction may cause the permit holder’s beer permit
to be placed on the beer board agenda for
consideration of suspension or revocation in
accordance with 8-223. Failure to timely report in
accordance with this provision shall be considered by
the board in its deliberations.
(3) Employ any minor under eighteen (18) years of
age in the sale, storage, distribution or manufacture
of beer, except as permitted under state law;
(4) Make or allow any sale of beer to a person
under twenty-one (21) years of age;
(5) Allow gambling or gambling devices of any kind
or description on the premises (other than as
authorized by state law);
(6) Allow any person under twenty-one (21) years of
age to loiter in or about such permit holder’s place
of business.
(7) Make or allow any sale of beer to any
intoxicated person.
(8) Allow any intoxicated, disorderly or
disreputable person, or any person previously
convicted for violation of the laws relating to beer
or other alcoholic beverages to loiter in or about
such permit holder’s place of business;
(9) Allow any beverages of alcoholic content
greater than five (5) percent by weight to be brought
into such permit holder’s premises for consumption
therein unless such permit holder also has a license
to sell liquor by the drink;
(10) Distribute or sell beverages in bottles or
other containers unless such containers shall bear a
label or cap showing the name of the manufacturer
thereof;
(11)Allow any loud, unusual or obnoxious noises to
emanate from such permit holder’s premises;
(12) Allow such permit holder’s place of business
to become a public nuisance or a nuisance to law
enforcing agencies of the Haywood County create a
nuisance or materially contribute to creating or
maintaining a public nuisance;
(13) Operate a disorderly place of business or
permit or allow fighting or boisterous or disorderly
conduct on the premises; or
(14) Allow or engage in any criminal activity on
the premises.
8-222. Suspension or revocation of permit; civil
penalty. (1) The beer board shall have the power to
revoke or suspend any permit for any violation of any
provision of this chapter. Whenever it shall be
brought to the attention of the beer board that any
declaration of fact contained in the application is
false, or that there has been any violation of any
provision or state or federal law regulating the sale,
storage or transportation of alcoholic beverages or
any statue of the State of Tennessee regulating beer
or other alcoholic beverages, or that there has been
any violation of any provision of this chapter,
expressly including the prohibited acts herein, or
that the limitations and condition of the permit have
been violated, or that the permit holder fails to file
a report or pay any tax or license fee required, the
beer board may revoke or suspend such permit. No
permit shall be revoked or suspended until a public
hearing is held by the beer board after reasonable
notice is given to the public and to all known parties
interest. Revocation proceedings may be initiated by
the chief of police or by any member of the beer
board.
(2) Notwithstanding any other provision here in,
pursuant to Tennessee Code Annotated, 57-5-608, the
beer board shall not revoke or suspend the permit for
off-premises sale of beer of a “responsible vendor”
qualified under the requirements of Tennessee Code
Annotated, 57-5-606 for a clerk’s illegal sale of beer
to a minor if the clerk is properly certified and has
attended annual meetings since the clerk’s original
certification and/or is otherwise in compliance with
the Tennessee Responsible Vendor Act, unless the
vendor’s status as a certified responsible vendor has
been revoked by the alcoholic beverage commission. The
beer board may permanently revoke or suspend the beer
permit of a responsible vendor when the permit holder
has at least two (2) violations for the sale of beer
to a minor within a twelve (12) month time period.
If the responsible vendor’s certification has been
revoked, the vendor shall be punished by the beer
board as if the vendor were not certified as a
responsible vendor.
“Responsible vendor” shall mean 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. “Clerk” shall mean any person
working in a capacity to sell beer directly to
consumers for off-premises consumption.
Pursuant to Tennessee Code Annotated, 57-5-608, the
alcoholic beverage commission shall revoke a vendor’s
status as a responsible vendor upon notification by
the beer board that the board has made a final
determination that the vendor has sold beer to a minor
for the second time in a consecutive twelve-month
period. The revocation shall be for three (3) years,
It is the duty of the permittee to advise the beer
to advise the beer board of participation and provide
proof thereof, in the responsible vendor program at
the time of the hearing.
Upon determination that a sale to a minor has been
made by the beer board, the beer board shall report
the sale to the alcoholic beverage commission within
fifteen (15) days of the determination of the sale.
Additionally, if the beer board determines that a
clerk of an off-premises beer permit holder certified
under Tennessee Code Annotated, 57-5-606, sold beer to
a minor, the beer board shall report the name of the
clerk to the alcoholic beverage commission within
fifteen (15) days of determination of the sale. The
certification of the clerk shall be invalid, and the
clerk may not reapply for a new certificate for a
period of one year from the date of the beer board’s
determination.
(3) The beer board may, at the time it impose a
revocation or suspension, offer a permit holder that
is not a responsible vendor, or a permit holder that
is a responsible vendor but who is non-compliant with
the provisions and requirements of the Tennessee
Responsible Vendor Act, the alternative of paying a
civil penalty not to exceed two thousand five hundred
dollars ($2,500.00) for each offense of making or
permitting to be made any sales to minors, or a civil
penalty not to exceed one thousand dollars
($1,000,000) for any other offense.
The beer board may impose on a responsible vendor,
as defined in subsection (2), a civil penalty not to
exceed one thousand dollars ($1,000.00) for each
offense of making or permitting to be made any sales
to minors or for any other offense. If a civil penalty
is offered as an alternative to revocation or
suspension, the holder shall have seven (7) 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 suspension or revocation
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 the town may
impose.
(4) Where a permit has been revoked, no new permit
may be issued to permit the sale of beer on the same
premises until after the expiration of one (1) year
from the date the revocation becomes final and
effective. The beer board, in its discretion, may
determine that issuance of a license or permit before
the expiration of one (1) year from the date of the
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
statue of interstate succession.
8-223. Sales to minors prohibited; employment of
ex-convicts prohibited. A permit holder engaging in
the business regulated hereunder or any employee
thereof shall not make or permit to be made any sales
to minors. Neither the person engaging in such
business nor persons employed by that person shall be
a person who has been convicted of any violation of
the laws against possession, sale, manufacture and
transportation of beer or any other alcoholic
beverages or any crime involving moral turpitude or
any conviction for a crime violating a drug or alcohol
law or a crime involving physical violence, within the
last ten years.
8-224. Employees liable for violations of this
chapter. Any employee of any permit holder who
violates the provisions of this chapter or any
provision of Tennessee Code Annotated, title 57,
chapter 5, while so employed by such permit holder
shall be guilty of a misdemeanor which shall be
punishable by a fine of not to exceed the state
authorized maximum, in addition to any suspension,
revocation or civil penalty in lieu thereof which may
be imposed on the permit holder by the beer board
pursuant to 8-223.
8-225. Penalties; violation. Except provided in
8-223, any violation of this chapter shall constitute
a misdemeanor and shall, upon conviction, be
punishable by a penalty under the general penalty
clause of this code. Each day a violation shall be
allowed to continue, and each sale which violates the
provisions of this chapter, shall constitute a
separate offense.
8-226. Continued existence. Notwithstanding
anything herein to the contrary, the members of the
beer board, as the beer board exists on the effective
date of this chapter, shall continue to serve for the
remainder of their respective terms, or until their
earlier resignation or removal.
Ordinance No. 862/08/15
AN ORDINANCE OF THE CITY OF BROWNSVILLE,
TENNESSEE TO AMEND ORDINANCE NUMBER 835 KNOWN AS THE
LIQUOR AND BEER SALES ON PREMISE AND OFF PREMISE AND
ADOPTING A PRIVILEGE TAX ON RETAIL SALE OF ALCOHOLIC
BEVERAGES FOR CONSUMPTION ON PREMISES AND OFF
PREMISES.
Be It Ordained by the Board of Mayor and Aldermen
of the City of Brownsville, Tennessee as follows:
Section 1: Chapter 2 Section 8-210 of Ordinance No.
835 be amended so that such section shall read as
follows:
“(c) No license under this ordinance shall be
granted for off-premise location which does not
maintain at all times an inventory at wholesale of $
10,000 and yearly retail sales of $ 300,000. The
inventory and sales must consist of food items for
consumption by humans. Sales of beer, petroleum fuel
products, cigarettes and lottery tickets can not be
included in total sales.”
Section 2: Section 8-211 of Ordinance No. 835 be
amended so that such section shall read as follows:
“It shall be unlawful for any beer permit holder to
allow, if his permit is for off-premises consumption
only, any dispensing or sale of beer in any other
container not originally sealed at and shipped from
the factory. This provision is specifically intend to
prohibit the open dispensing of any beer on draft or
from any other open source on the premises of a permit
holder who may sell only for off-premises consumption.
This provision is further intended to prohibit the
transfer of beer out of any other container, even
though the second container may be sealed by capping,
stapling, or otherwise. It is the intention of this
provision that sales for off-premises consumption only
must be sales of the original bottles, cans, or other
original manufacturer’s packaging methods. No signs
pertaining to beer sales shall be displayed so as to
be visible from outside of business. Permits will not
be issued to locations which are within 300 feet of a
church or school.”
Section 3: All ordinances and parts of ordinances
in conflict herewith are hereby repealed.
Section 4: This Ordinance shall take affect upon
its passage, the public welfare requiring it.
Chapter 11
Provisions Governing Signs
Ordinance No. 862/08/15
AN ORDINANCE OF THE CITY OF BROWNSVILLE,
TENNESSEE TO AMEND ORDINANCE NUMBER 835 KNOWN AS THE
LIQUOR AND BEER SALES ON PREMISE AND OFF PREMISE AND
ADOPTING A PRIVILEGE TAX ON RETAIL SALE OF ALCOHOLIC
BEVERAGES FOR CONSUMPTION ON PREMISES AND OFF
PREMISES.
Be It Ordained by the Board of Mayor and Aldermen
of the City of Brownsville, Tennessee as follows:
Section 1: Chapter 2 Section 8-210 of Ordinance
No. 835 be amended so that such section shall read
as follows:
“(c) No license under this ordinance shall be
granted for off-premise location which does not
maintain at all times an inventory at wholesale of $
10,000 and yearly retail sales of $ 300,000. The
inventory and sales must consist of food items for
consumption by humans. Sales of beer, petroleum fuel
products, cigarettes and lottery tickets can not be
included in total sales.”
Section 2: Section 8-211 of Ordinance No. 835 be
amended so that such section shall read as follows:
“It shall be unlawful for any beer permit holder
to allow, if his permit is for off-premises
consumption only, any dispensing or sale of beer in
any other container not originally sealed at and
shipped from the factory. This provision is
specifically intend to prohibit the open dispensing
of any beer on draft or from any other open source
on the premises of a permit holder who may sell only
for off-premises consumption. This provision is
further intended to prohibit the transfer of beer
out of any other container, even though the second
container may be sealed by capping, stapling, or
otherwise. It is the intention of this provision
that sales for off-premises consumption only must be
sales of the original bottles, cans, or other
original manufacturer’s packaging methods. No signs
pertaining to beer sales shall be displayed so as to
be visible from outside of business. Permits will
not be issued to locations which are within 300 feet
of a church or school.”
Section 3: All ordinances and parts of ordinances
in conflict herewith are hereby repealed.
Section 4: This Ordinance shall take affect upon
its passage, the public welfare requiring it.
Approved on First Reading
__________________________
Approved on Second Reading
________________________
Mayor City Clerk_________________________________
City Attorney___________________________________
ORDINANCE NO. 857/08/10
AN ORDINANCE REGULATING SOLICITING AND
PEDDLING, AND REPEALING ORDINANCE NO. 776/04/02
BE IT ORDAINED by the Mayor and Board of Aldermen
of the City of Brownsville as follows:
SECTION I.
The Code of Ordinances of the jurisdiction is
hereby amended by repealing Ordinance
Number776/04/02 and the following is adopted in its
place:
SECTION II. DEFINITIONS
1. Definitions. For purposes of this Ordinance,
the following words shall have the following
meanings:
(a) “Solicitor” means any person or persons
engaged in the activity of door-to-door solicitation
by going to and into any residence or business
located within the jurisdiction, without being
requested or invited to do so by the owner or
occupant thereof, and is a term used interchangeably
with the terms “peddler”, “canvasser”, “hawker”, or
“itinerate merchant”.
(b) “Soliciting” or “Peddling” relative to
door-to-door solicitations are interchangeable terms
for the purposes of this Ordinance and mean and
include the activity of a solicitor passing from one
residence or business to another for the purpose of
selling, canvassing, peddling, or offering goods,
wares, merchandise or personal services for sale, or
soliciting charitable contributions or patronage or
services from any person or business by word of
mouth, gesture, or by distributing handbills or
other printed materials, or offering any such
merchandise or service by traveling by foot, vehicle
or any other type of transportation, from
house-to-house or business-to-business, within the
jurisdiction.
(c) “Clerk” or “Office of the Clerk” refers to
that local governmental position whose official
capacity oversees regulation and licensure of the
activities hereby covered.
(d) “Law Enforcement” refers to that agency of
the jurisdiction principally charged with protecting
and serving the Public’s safety in the jurisdiction,
including the activities hereby covered.
(e) "Registered Solicitor" means any person who
is subject to this Ordinance who has obtained a
valid permit from the appropriate authority of the
jurisdiction.
(f) "Residence" means any living unit contained
within any building or structure that is occupied by
any person as a dwelling.
SECTION III. REGISTRATION REQUIREMENTS.
1. Registration. All persons desiring to engage
in soliciting in the jurisdiction shall first apply
with the Clerk’s Office or its designee, at a cost
of no more than Twenty-five Dollars ($25.00) per
application, for an annual permit for soliciting.
Upon submission of the fee and permit application,
the permit will be executed by or for the Clerk,
shall be maintained in the Clerk’s Office, and a
legible copy shall be provided to and carried by the
registered solicitor at all times while soliciting.
The registered solicitor will conspicuously display
the permit on his or her person while engaged in
soliciting in the jurisdiction and, upon request,
will allow an agent of Law Enforcement of the
jurisdiction or an occupant of a residence to
inspect the permit.
2. Permit Application. The jurisdiction will
provide a standard form for use for registration of
solicitors. Each applicant shall state upon oath or
affirmation that the information submitted in the
application is truthfully provided. The applicant
shall supply upon the form the following
information:
(a) Applicant's true, correct, and legal name,
including whether self-employed or the name and
address of the entity employing the applicant for
soliciting, as the case may apply.
(b) Address of applicant’s permanent home and
address of any temporary lodging or residence of the
applicant.
(c) The purpose for which the soliciting will be
done.
(d) A brief description of the method of
presentation that will be made (such as
presentation of samples and taking of written
orders).
(e) The begin date and anticipated end date when
soliciting is planned.
3. Proof of Identification Required. The
application shall be accompanied by a true copy of
one of the following:
(a) A valid drivers license; or
(b) A valid United States Uniform Service
Identification, or
(c) A valid visa or passport, or
(d) Valid identification issued by any agency of
a state for the purpose
of identification of the holder.
4. Fingerprints. The applicant shall either
provide the jurisdiction a standard set of the
applicant’s complete fingerprints or submit to
fingerprinting by Law Enforcement of the
jurisdiction or its designee. If the jurisdiction
charges applicant a fee for fingerprinting, the fee
shall not exceed $10.00 per set of fingerprints
5. Disqualification. A person is disqualified
from holding a permit for soliciting under this
Ordinance if that individual is reported as a
registered sex offender (as that term is defined
under applicable law) or has been convicted of a
felony in the immediately previous ten years.
6. Form of Permit. Each permit shall be numbered,
shall list the name of the registered solicitor, the
expiration date of the permit, and shall be marked
or signed by the Clerk’s Office as being approved
thereby.
7. Records. The Clerk’s Office will maintain for
public inspection a record of every permit
application received and acted upon, together with
any information pertaining thereto, copies of all
permits and renewed permits so issued, and all
denials of applications. Each application shall be
numbered in consecutive order as filed, and each
permit issued shall be assigned a number exclusive
to the registrant. Every permit renewed shall be
identified with the duplicate number of the
application upon which it was initially issued.
8. Renewal. Permits issued under this Ordinance
shall be valid for ten (10) days running from the
date of issuance of the permit and shall
automatically expire at sunset on the tenth(10th)
day of issuance, subject to earlier renewal, if
applicable. A registered solicitor is entitled to
renewal of the applicable permit upon payment of a
renewal fee of no greater than $25.00 each, unless
having been convicted of violation of felony or any
ordinance of the jurisdiction.
SECTION IV. EXEMPTIONS FROM REGISTRATION.
1. The registration provisions of this Ordinance
do not apply to:
(a) Persons making solicitations solely for a
church, religious organization or charitable
organization, including any unincorporated
association or corporation under the supervision and
control of any church, charitable organization or
religious organization, if the church or
organization is tax-exempt under the provisions of
the United States Internal Revenue Code; provided,
however, that any person who seeks to solicit a
charitable contribution shall first file with the
Clerk’s Office a notice describing the charitable
purpose, signed by at least two officers or
authorized representatives of the charitable
organization.
(b) Local school students, church youth and civic
organizations soliciting contributions to finance
either events sponsored by the applicable school,
church or civic organization or extracurricular
social, athletic, artistic, scientific or cultural
programs, as the case may apply; provided that the
solicitation and its purpose have been approved by
the principal of the students’ school or the
president, adult sponsor or coach of the
organization promoting the solicitation.
(c) Persons canvassing for the purpose of
distributing political literature or materials on
behalf of a political party, candidate or public
issue or introducing themselves as supportive of a
candidate, political party, cause or issue.
2. Notwithstanding the exceptions herein set
forth, solicitors involved in the exempted
solicitations shall nonetheless remain subject to
and comply with all other laws and ordinances of the
jurisdiction and the rights of residents and
property owners in the jurisdiction.
SECTION V. DECEPTIVE PRACTICES PROHIBITED.
1. No solicitor shall intentionally make any
materially false or fraudulent statement in the
course of soliciting in the jurisdiction.
2. No solicitor shall represent, directly or by
implication, that the jurisdiction or any of its
sub-divisions endorse the solicitation or that the
granting of a permit implies any endorsement of the
solicitor's products or services or of the
individual solicitor.
SECTION VI. PERMIT REVOCATION.
1. Any permit for soliciting issued under this
Ordinance may in the discretion of the Clerk or the
chief of the Law Enforcement agency of the
jurisdiction be revoked or suspended upon the
registrant being convicted of a violation of this
Ordinance or any felony or serious misdemeanor,
subject to any successful appeal thereof. Notice of
revocation shall be given immediately in writing to
the registrant, by personal service or by certified
mail to the local address listed on the application.
Immediately upon the giving of such notice, the
permit shall become null and void and shall remain
so unless the revocation is ordered rescinded or
unless the Clerk or the chief of the Law Enforcement
agency of the jurisdiction decides only to suspend
permit privileges until such time as the grounds for
revocation or suspension have been removed or
satisfactorily explained.
SECTION VII. APPEAL.
1. Any applicant whose registration is not timely
issued or any registrant whose permit privileges
have been revoked or suspended as herein outlined
shall have the right to appeal such action to the
chief executive of the jurisdiction, or his or her
designee, for a hearing and reconsideration. Any
appeal must be demanded in writing, personally
delivered or sent by certified mail to the Clerk or
legal representative of the jurisdiction, within
fourteen (14) days of the action giving rise to the
appeal. The notice of appeal must state facts
sufficient to provide reasonable notice of the
action complained of and the grounds of appeal. The
right of appeal is not in derogation of any other
rights in law or equity. The appeal will be heard
by, and at the next docketed regular session of, the
legislative body of the jurisdiction, or within
fourteen (14) days of the appeal being noticed,
whichever is earlier. The applicant or registrant
and any affected owners or occupants of residences
in the jurisdiction have the right to be heard in
any such appeal. A controlling decision on the
appeal will be issued in writing within three (3)
days of having heard the appeal.
SECTION VIII. RESIDENTIAL NOTICE.
1. Any adult owner or tenant of a residence
desiring to secure protection under this Ordinance
shall give notice of his or her desire to refuse
solicitors by displaying a clearly visible
weatherproof placard no smaller than 15 square
inches stating in bold lettering, "No Soliciting" or
“No Trespass”, or words to that same effect, which
shall be posted on or near the main entrance door of
the resident’s dwelling.
2. The display of the placard shall be deemed to
constitute notice to any solicitor that the
inhabitant of the residence does not desire to
invite solicitors.
3. A solicitor’s intentional avoidance of any
such signage as herein outlined shall be a violation
of this Ordinance. The conspicuous nature and
clarity of the message of such signage will go to
the weight of proof relative to the solicitor’s
intent.
SECTION IX. PERMITTED TIMES.
1. It is a violation of this Ordinance for any
person, whether registered as a solicitor or not, to
solicit any occupant of a residence in the
jurisdiction before 8:00 a.m. or after sunset (as
determined by the U.S. Department of Commerce,
National Oceanic and Atmospheric Administration,
www.noaa.gov) ,
local time, unless the owner or adult occupant of
the residence has granted the individual permission
or an appointment to come to the residence outside
of said hours.
SECTION X. PENALTY.
1. Any person who engages in soliciting, without
complying with the registration requirements of this
Ordinance, or who otherwise fails to comply with the
provisions of this Ordinance, is chargeable with a
violation and shall, on conviction, be fined not
more than Fifty and 00/100 Dollars ($50.00) per
violation plus costs.
SECTION XI. CONFLICTING ORDINANCES VOID.
1. Any ordinance or provision of the
jurisdiction’s Code of Ordinances which conflicts
with the provisions of this Ordinance is herewith
repealed.
SECTION XII. SEVERABILITY
1. If any provision of this Ordinance is held by
a court of competent jurisdiction to be
unconstitutional or invalid for any reason, such
finding shall not affect the validity of the
remaining provisions, which are adopted separately
and independently.
This Ordinance shall become effective immediately
upon passage.
Passed on 1st Reading ___________________________
Passed on 2nd Reading ___________________________
____________________________.
WEBB F. BANKS, MAYOR
____________________________
WILLIAM JERRY TAYLOR, CLERK
ORDINANCE 854/08/07
AN ORDINANCE TO REGULATE THE KEEPING OF ALL TYPES OF
ANIMALS WITHIN THE CITY LIMITS OF BROWNSVILLE
CHAPTER
1. GENERAL – ANIMAL CONTROL
2. PIT BULLS & OTHER DOGS DECLARED VICIOUS
3. PENALTIES, REPEALS, AND SEVERABILITY
CHAPTER 1
IN GENERAL – ANIMAL CONTROL
SECTION
10-101 Running at large prohibited.
10-102 Pen or enclosure to be kept clean.
10-103 Adequate food, water, and shelter, etc., to
be provided.
10-104 Keeping in such manner as becoming a nuisance
prohibited.
10-105 Cruel treatment prohibited.
10-106 Seizure and disposition of animals.
10-107 Dog Fighting
10-108 Confining or isolating dogs upon suspicion of
rabies.
10-109 Noisy dogs prohibited.
10-110 Seizure and disposition of dogs.
10-111 Summary destruction.
10-112 Rabies vaccination and registration required.
10-113 Dogs to wear tags.
10-101 Running at large prohibited. It shall be
unlawful for any person owning or being in charge of
any cows, swine, rabbits, sheep, horses, mules,
goats, chickens, ducks, geese, turkeys, lions,
tigers, dogs, cats, deer, or other domestic or wild
animals, cattle or livestock of any type to
knowingly or negligently permit any of the above to
run at large (or run loose) within the corporate
limits of Brownsville, Tennessee
.
10-102 Pen or enclosure to be kept clean. When
animals or fowl are kept within the corporate
limits, the building, structure, corral, pen or
enclosure in which they are kept shall at all times
be maintained in a clean and sanitary condition.
10-103 Adequate food, water, and shelter, etc. to be
provided. No animal or fowl of any kind shall be
kept or confined in any place where the food, water,
shelter and ventilation are not adequate and
sufficient for the preservation of its health, safe
condition, and wholesomeness for food if so
intended.
10-104 Keeping in such manner as becoming a nuisance
prohibited. No animal or fowl shall be kept in such
a place or condition as to become a nuisance either
because of noise, odor, contagious disease,
endangering the public health, or other reason.
10-105 Cruel treatment prohibited. It shall be
unlawful for any person to unnecessarily beat or
otherwise abuse or injure any animal or fowl.
10-106 Seizure and disposition of animals. Any
animal or fowl found running at large or otherwise
being kept in violation of this chapter may be
seized by the animal control officer or by any
police officer and be confined in a shelter provided
or designated by the Brownsville Board of Mayor and
Alderman. If the owner is known he shall be given
notice in person, by telephone, or by certified
letter addressed to his last-known mailing address,
and the animal or fowl will be humanely destroyed or
adopted out if not claimed and the shelter costs not
paid within five (5) days. If not claimed by the
owner within the specified period, the animal or
fowl shall be adopted out, humanely destroyed, or
otherwise disposed of as authorized by this
ordinance.
10-107 Dog fighting. No person, firm, corporation,
organization or department shall possess or harbor
or maintain care or custody of any dog for the
purpose of dog fighting, or train, torment, badger,
bait or use any dog for the purpose of causing or
encouraging the dog to attack human beings or
domestic animals.
10-108 Confining or isolating dogs upon suspicion of
rabies. If any animal has bitten any person or is
suspected of having bitten any person or is for any
reason suspected of being infected with rabies, the
Brownsville City Clerk may cause such animal to be
confined or isolated at the owner’s expense for such
reasonable time as deemed necessary to determine if
such an animal is rabid.
10-109 Noisy dogs prohibited. No person shall own,
keep or harbor any dog which, by loud and frequent
barking, whining or howling, annoys or disturbs the
peace and quiet of any neighborhood.
10-110 Seizure and disposition of dogs The
provisions of section 10-106 shall apply to any dog
running at large or otherwise being kept in
violation of this chapter. However, in no event
shall a dog be released from the shelter unless it
has been vaccinated and has a tag placed on its
collar.
10-111 Summary destruction When because of its
viciousness or apparent infection with rabies, a dog
found running at large cannot be safely impounded it
may be summarily destroyed by a police officer.
10-112 Rabies vaccination and registration required.
It shall be unlawful for any person to own, keep or
harbor any dog without having the same duly
vaccinated against rabies and registered in
accordance with the provisions of the “Tennessee
Anti-Rabies Law” (section 68-8-101 to 68-8-114,
Tennessee Code Annotated).
10-113 Dogs to wear tags. It shall be unlawful for
any person to own, keep or harbor any dog which does
not wear a tag evidencing the vaccination and
registration required by the preceding section.
CHAPTER 2
PIT BULL DOGS & OTHER DOGS DECLARED VICIOUS
WHEREAS, the breeds of dogs known as “pit bulls”
include any American Pit Bull Terrier, American
Staffordshire Terrier, Staffordshire Bull Terrier,
or any dog which has the appearance and
characteristics of being predominantly of any one or
more of the aforementioned breeds; and
WHEREAS, the characteristics selectively bred into
or otherwise commonly found in those dogs include:
(1) A strong fighting instinct, together with a low
level of fighting inhibitions which make pit bulls
or those dogs declared vicious a hazard to humans as
well as other animals;
(2) A strong chase instinct which, experts believe,
causes pit bulls or those dogs declared vicious to
be a danger around running children;
(3) A tendency to attack even those who exhibit no
provocative behavior;
(4) A diminished tendency to bark, growl, or
otherwise warn their prey of an intent to attack;
(5) A tendency to fight to the death and never quit
a fight once engaged, which results in more severe
injuries than those inflicted by other breeds;
(6) The ability to withstand great pain, which makes
it difficult for a person or animal to fight off an
attack;
(7) Powerful jaws capable of hanging on to victims
even while the animal withstands infliction of
injury or pain;
(8) A tendency to tear flesh, which has resulted in
grotesque injuries to human victims; and
(9) A combination of agility, stamina, and strength,
together with a genetic predisposition to
aggressiveness, that makes pit bulls or those dogs
declared vicious uniquely dangerous, even to their
owners, among all breeds of dogs especially where
improperly raised or trained; and,
WHEREAS, other municipalities have found that pit
bulls and those dogs declared vicious are so
dangerous to humans and other animals that special
legislation restricting or prohibiting their
ownership has been enacted; and
WHEREAS, the mere possession of pit bulls or those
dogs declared vicious poses a significant threat to
the health, welfare, and safety of Brownsville’s
citizens; and
WHEREAS, current methods of control by pit bull
owners or those dogs declared vicious owners in the
city have proven to be insufficient in protecting
the public; and
WHEREAS, the Brownsville Board of Mayor and Aldermen
believes it is necessary to prohibit pit bulls and
those dogs declared vicious, subject to certain
exceptions, within the City in order to protect the
health, welfare, and safety of citizens of the City
of Brownsville; and
WHEREAS, the Brownsville Board of Mayor and Aldermen
has found that the keeping of other breeds of dogs
which are vicious or dangerous is a public nuisance
and a serious threat to the health, welfare, and
safety of citizens of Brownsville.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR
AND ALDERMEN OF THE CITY OF BROWNSVILLE AS FOLLOWS:
SECTION 1 DEFINITIONS - The words, terms, and
phrases, and their derivations as used in this
ordinance, except where the context clearly
indicates otherwise, shall have the following
meanings;
(1) “Pit Bull” means and includes any of the
following dogs:
The bull terrier breed of dog;
The Staffordshire bull terrier breed of dog;
The American pit bull terrier breed of dog;
The American Staffordshire breed of dog;
Dogs of mixed breed or of other breeds than above
listed which breed or mixed breed is known as pit
bull terrier, Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier,
and any other breed commonly known as pit bulls, pit
bull dogs or pit bull terriers; or a combination of
any of these breeds.
(2) “Vicious dog” means a dog of any breed other
than a pit bull which:
(a) approaches any person in an aggressive, menacing
or terrorizing manner or in an apparent attitude of
attack, if such person is upon public ways,
including streets and sidewalks, or any public or
private property; or
(b) has a known propensity, tendency, or disposition
to attack, inflict injury to or to otherwise
endanger the safety of persons or domestic animals;
or
(c) without provocation, bites or inflicts injury or
otherwise attacks or endangers the safety of any
person or domestic animal; or
(d) is trained for dog fighting or which is owned or
kept primarily or in part for the purpose of dog
fighting
(2) Predominately” means knowledge through
identification procedures or otherwise, or admission
by owner, keeper, or harborer that a dog is more
than fifty percent (50%) pit bull. Predominately
also means that the dog exhibits the physical
characteristics of a pit bull more than that of any
other breed of dog.
(3) “Impoundment” means the taking or picking up and
confining of an animal by any police officer, animal
control officer or any other public officer under
the provisions of this ordinance.
(4) “Muzzle” means a device constructed of a strong,
soft material or of metal, designed to fasten over
the mouth of an animal to prevent the animal from
biting any person or other animal.
(5) “Confined” means to be securely kept indoors, or
kept in a securely enclosed and locked pen or
structure upon the premises of the owner or keeper
of such dog.
(6) “Securely enclosed and locked pen or structure”
means a fenced-in area that shall be a minimum of
ten (10) feet wide, ten (10) long, and six (6) feet
in height, above grade, and with a horizontal top
covering said area, all to be at least nine (9)
gauge chain link fencing with necessary steel
supporting posts. This structure cannot be attached
to the home or any other building and must not
intervene with any utility employee doing his/her
job The floor shall be at least three (3) inches of
poured concrete with the bottom edge of the fencing
embedded in the concrete or extending at least two
(2) feet below grade. The gate must be of the same
materials as the fencing, fit securely, and be kept
securely locked. The owner shall post the enclosure
with a clearly visible warning sign, including a
warning symbol to inform children, that there is a
dangerous dog on the property. The enclosure shall
contain and provide shelter and protection from the
elements, adequate exercise room, be adequately
lighted and ventilated, and kept in a sanitary
condition.
(7) “Physical restraint” means a muzzle and a leash
not to exceed four (4) feet in length.
(8) “Under restraint” means that the dog is secured
by a leash, led under the control of a person who is
at least eighteen (18) years of age and physically
capable of restraining the dog, and that the dog is
obedient to that person’s commands. A dog kept
within a securely enclosed and locked pen or
structure shall also be considered to be under
restraint.
(9) “Sanitary condition” means a condition of good
order and cleanliness to minimize the possibility of
disease transmission.
(10)“Owner” means any person, partnership,
corporation, or other legal entity owning,
harboring, or possess a pit bull or any other dog
regardless of breed determined to be vicious, or in
the case of a person under the age of eighteen (18),
that person’s parent or legal guardian. Such dog
shall be deemed to be harbored if it is fed or
sheltered for three (3) or more consecutive days.
This definition shall not apply to any veterinary
clinic or boarding kennel.
SECTION 1 PROCEDURE FOR DETERMINING THAT A DOG IS
VICIOUS –
(1) Upon his own complaint alleging a dog to be
vicious, or upon the receipt of such complaint
signed by one or more residents of Brownsville, the
Brownsville City Clerk or his designee shall hold a
hearing with five (5) days of serving notice to the
dog owner. The purpose of the hearing shall be to
determine whether such dog is, in fact, vicious. The
dog owner shall be notified by a certified letter of
the date, time, place, and purpose of the hearing
and may attend and have an opportunity to be heard.
(2) In making the determination as to whether a dog
is vicious, the City Clerk or his designee shall
consider, but is not limited to, the following
criteria:
(a) Provocation,
(b) Severity of attack or injury.
(c) Previous aggressive history of the dog.
(d) Observable behavior of the dog.
(e) Site and circumstances of the incident giving
rise to the complaint.
(f) Age of the victim.
(g) Statements from witnesses and other interested
parties.
(h) Reasonable enclosures already in place
(i) Height and weight of the dog.
(3) Within five (5) days of the hearing, the City
Clerk or his designee shall determine whether to
declare the dog vicious and shall within five (5)
days after such determination notify the dog’s owner
by certified mail of the dog’s designation as a
vicious dog and the specific restrictions and
conditions for keeping the dog. If the dog is
declared vicious, its owner shall confine the dog
with a securely enclosed and locked pen or
structure, and whenever the dog is removed from such
secure enclosure it shall be physically retrained
and under restraint as defined in this ordinance.
The owner of the vicious dog shall notify residents
of all abutting properties, including those across
the street of such findings. This notice to
occupants of abutting properties shall be by
certified mail, return receipt requested, and shall
be at the owner’s sole expense.
(4) No dog shall be declared vicious if the threat,
injury, or damage was sustained by a person who:
(a) was committing a crime or willful trespass or
other tort upon the premises occupied by the owner
of the dog; or
(b) was teasing, tormenting, abusing or provoking
the dog; or
(c) was committing or attempting to commit a crime.
No dog shall be declared vicious as the result of
protecting or defending a human being, any other
animal, or itself against an unjustified attack or
assault.
SECTION 2 PIT BULL & THOSE DOGS DECLARED VICIOUS
RESTRICTIONS – It shall be unlawful to keep, harbor,
own, or in any way possess a pit bull or those dogs
declared vicious within the corporate limits of
Brownsville. Provided, however, that persons owning
such dogs at the time this ordinance is adopted
shall be allowed to keep them, provided that they
comply with all of the provisions of this ordinance,
including Section 3, within thirty (30) days of the
effective date of this ordinance.
SECTION 3 STANDARDS AND REQUIREMENTS FOR PIT BULLS &
THOSE DOGS DECLARED VICIOUS – The following
standards and requirements apply to pit bull dogs
and those dogs declared vicious located within the
corporate limits of Brownsville:
(1) Permit required - Each owner, keeper, harborer,
or possessor of a pit bull dog or dogs declared
vicious shall annually obtain a permit from the
Brownsville City Clerk. Such permit shall cost forty
five dollars ($45.00) per year; this fee includes
one (1) “Beware of dog” sign in both English &
Spanish. The dog owner must make a personal
appearance at the Brownsville City Clerk’s office
when submitting an application for a permit. The
forty five dollar ($45.00) annual permit fee shall
be nonrefundable and shall be paid prior to any
consideration of the permit application or issuance
of the permit.
(2) Physical restraint - No person having charge,
custody, control, or possession of a pit bull or a
dog declared vicious shall permit the dog to go
outside its kennel, pen, or other securely enclosed
and locked pen or structure unless such dog is under
restraint. No person shall permit a pit bull dog or
dog declared vicious to be kept on a chain, rope, or
other type of leash shorter than four (4) feet in
length outside its kennel or pen unless such person
is of at least eighteen (18) years of age and is in
physical control of the leash. Such dogs shall not
be leashed to inanimate objects such as trees,
posts, building, or structures.
(3) Muzzle - It is unlawful for any owner or keeper
of a pit bull or a dog declared vicious to allow the
dog to be outside its kennel, pen, or other securely
enclosed and locked pen or structure unless it is
necessary for the dog to receive veterinary care or
daily exercise. In such cases, the dog must wear a
properly fitted muzzle that meets weight & size
measurement sufficient to prevent the dog form
biting persons or other animals. Such muzzle shall
not interfere with the dog’s breathing or vision.
The dog must also be restrained in a full body
harness that meets weight & size measurement of the
dog.
(4) Outdoor Confinement - Except when leashed and
muzzled as provided in this Article, all pit bull
dogs or dogs declared vicious shall be securely
confined as defined in Section 1 (6) of this
Article. All structures used to confine these dogs
must be locked with a key or combination lock when
such animals are within the structure. All
structures erected to house pit bull dogs or other
dogs declared vicious must comply with zoning and
building ordinances and regulations of the City of
Brownsville.
(5) Indoor confinement - No pit bull or dog declared
vicious shall be kept on a porch, patio, or in any
part of a dwelling or structure that would allow the
dog to exit such building on its own volition. In
addition, no such dog may be kept in a dwelling or
structure when the windows are open or when screen
windows or screen doors are the only obstacles
preventing the dog from exiting the structure.
(6) Signs - All owners, keepers, harborers, or
possessors of pit bull dogs or dogs declared vicious
shall display in a prominent place on their premises
a sign easily readable by the public using the words
“Beware of Dog” in both English and Spanish and
including a warning symbol to inform children that
there is a dangerous dog on the property. All such
signs shall be displayed within twenty four (24)
hours of the issuance of a permit by the City of
Brownsville.
(7) Insurance - Prior to the issuance of a permit by
the City of Brownsville, all owners, keepers,
harborers, or possessors of pit bull dogs or dogs
declared vicious shall provide a certificate of
insurance to the Brownsville City Clerk as evidence
that they have public liability insurance in a
single incident amount of one hundred thousand
($100,000) for bodily injury to or death of any
person or persons or for damage to property owned by
any persons which may result from owning,
possessing, keeping, or maintaining such an animal.
Such insurance policy shall provide that no
cancellation of the policy will be made unless ten
(10) days advance written notice is first given to
the Brownsville City Clerk. Failure to maintain such
liability insurance or any other lapse in such
coverage shall be grounds for immediate revocation
of the pit bull permit issued by the City of
Brownsville.
(8) Identification photographs - Prior to the
issuance of a permit by the City of Brownsville all
owners, keepers, possessors, or harborers of pit
bull dogs or dogs declared vicious shall give the
City Clerk two (2) color photographs of the dog
clearly showing the color and approximate size of
the animal.
(9) Reporting requirements - All owners, keepers,
possessors, or harborers of pit bull dogs shall
within ten (10) days of the incident report the
following information in writing to the Brownsville
City Clerk as required hereinafter:
(a) The removal from the city or death of a pit bull
dog or a dog declared vicious.
(b) The birth of offspring of a pit bull dog or a
dog declared vicious.
(c) The new address of a pit bull dog or a dog
declared vicious owner, keeper, possessors, or
harborer should such owner, keeper, possessor, or
harborer move his residence within the corporate
limits of the City of Brownsville.
(d) Section 1 (7) will be required at new residence
before dog can be transported. New kennel must be
inspected by the City before it can be occupied.
SECTION 4 SALE OR TRANSFER OF OWNERSHIP PROHIBITED –
No person shall sell, barter, or any other way
transfer possession of a pit bull dog or a dog
declared vicious to any person in the City of
Brownsville unless the recipient person resides
permanently in the same household and on the same
premises as the owner of such dog; provided that the
owner of the pit bull dog or dog declared vicious
may sell or otherwise dispose of a pit bull dog or
the offspring of such dog or a dog declared vicious
to persons who do not reside within the City of
Brownsville.
SECTION 5 ANIMALS BORN OF REGISTERED DOGS – All
offspring born of a pit bull dog or a dog declared
vicious within the City of Brownsville shall be
removed from the City of Brownsville within six (6)
weeks of the birth of such animals.
SECTION 6 REBUTTABLE PRESUMPTIONS – There shall be a
rebuttable presumption that any dog registered with
the City of Brownsville as a pit bull dog or any of
those breeds defined by Section 1 (1) of this
ordinance is in fact a dog subject to the
requirements of this ordinance.
SECTION 7 IMPOUNDMENT – Any pit bull dog or dog
declared vicious, not kept in compliance with the
provisions of this ordinance, may be taken into
custody by the appropriate authorities of the City
of Brownsville or agents acting on its behalf, and
impounded. The dog’s owner shall be solely
responsible for payment of all boarding fees
associated with the impounding of the dog, in
addition to any punitive fines to be paid.
SECTION 8 COURT PROCEEDINGS AGAINST THE OWNER – If
any pit bull dog or dog that is declared vicious is
impounded, the City of Brownsville may institute
proceedings in municipal court charging the owner
with violation of this ordinance. Nothing in this
section, however, shall be construed as preventing
the City or any citizen from instituting a
proceeding for violation of this ordinance where
there has been no impoundment.
SECTION 9 COURT FINDINGS – If a complaint has been
filed in municipal court against the owner of a dog
for violation of this ordinance, the dog shall not
be released from impoundment or disposed of except
on order of the court and payment of all charges and
costs incurred under this ordinance, including
penalties for violating this ordinance. The court
may, at its discretion, order the dog to be
destroyed in a humane manner.
SECTION 10 GUARD DOGS – It shall be unlawful for any
person to place or maintain guard dogs in any area
of the City of Brownsville for the protection of
persons or property unless the following provisions
are met:
(a) The guard dog is confined; or
(b) The guard dog shall be under the direct and
absolute control of a handler at all times when not
confined; and
(c) The owner or other persons in control of the
premises upon which a guard dog is maintained shall
post warning signs stating that such a dog is on the
premises. At least one such sign shall be posted at
each driveway or entranceway to said premises. Such
signs shall be in lettering clearly visible from
either the curb line or a distance of fifty (50)
feet, whichever is lesser and shall contain a
telephone number where some person responsible for
controlling the guard dog can be reached twenty four
(24) hours a day.
CHAPTER 3 - PENALITES, REPEALS, AND SEVERABILITY
SECTION 1 PENALTIES – Any person found violating the
provisions of this ordinance upon conviction shall
be fined fifty dollars ($50) and each day of
violation shall be deemed a separate violation.
SECTION 2 REPEALS – All ordinances or parts of
ordinances, found to be in conflict with the
provisions of this ordinance are hereby repealed to
the extent of such inconsistency.
SECTION 3 SEVERABILITY – Should any court of
competent jurisdiction declare any section, clause,
or provision of this ordinance to be
unconstitutional, such decision shall affect only
such section, clause, or provision so declared
unconstitutional and shall not affect the validity
of any other section, clause, or provision of this
ordinance.
Passed on 1st Reading ____________________
Passed on 2nd Reading ____________________
______________________________
WEBB F. BANKS, MAYOR
______________________________
WM. JERRY TAYLOR, CITY CLERK
Ordinance No. 835
AN ORDINANCE OF THE CITY OF BROWNSVILLE, TENNESSEE
REPEALING TITLE EIGHT OF THE MUNICIPAL CODE;
PERMITTING INTOXICATING LIQUOR AND BEER SALES ON
PREMISE AND ADOPTING A PRIVILEGE TAX ON RETAIL SALE
OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES.
Be It Ordained by the Board of Mayor and Aldermen of
the City of Brownsville, Tennessee that Title 8 of
the Municipal Code is hereby repealed in its
entirety and a new Title 8 is substituted as
follows:
Chapter 1, Intoxicating Liquors
Section 8-101. Prohibited generally.
Section 8-102. Consumption of alcoholic beverages on
premises
Section 8-103. Privilege tax
Section 8-104. Annual privilege tax to be paid to
the City Clerk.
8-101. Prohibited generally. Except as authorized by
applicable laws and/or ordinances, it shall be
unlawful for any person or legal entity, regardless
of its form of existence, i.e., sole proprietorship,
corporation, limited liability company, partnership,
etc. to manufacture, receive, possess, store,
transport, sell, furnish, or solicit orders for any
intoxication liquor within this city. “Intoxicating
liquor” shall be defined to include whiskey, wine,
“home brew”, “moonshine”, and all other
intoxication, spirituous, vinous, or malt liquors
and beers which contain more than five percent (5%)
of alcohol by weight.
8-102. Consumption of alcoholic beverages on
premises. Tennessee Code Annotated, Title 57,
Chapter 4, inclusive, is hereby adopted so as to be
applicable to all sales of alcoholic beverages for
on premise consumption that are regulated by the
said code when such sales are conducted within the
corporate limits of Brownsville, Tennessee. It is
the intent of the Board of Mayor and Aldermen that
the said Tennessee Code Annotated, Title 57, Chapter
4, inclusive, shall be effective in Brownsville,
Tennessee, the same as if said code sections were
copied herein verbatim.
8-103. Privilege tax on retail sale of alcoholic
beverages for consumption on the premises. Pursuant
to the authority contained in Tennessee Code
Annotated, 57-4-301, there is hereby levied a
privilege tax (in half the amount levied by T.C.A.,
Title 57 Chapter 4, Section 301, for the City of
Brownsville General Fund to be paid annually as
provided in this chapter) upon any person, firm,
corporation, joint stock company, syndicate, or
association engaging in the business of selling at
retail in the City of Brownsville alcoholic
beverages for consumption on the premises where
sold.
8-104. Annual privilege tax to be paid to the City
Clerk. Any person, firm, corporation, joint stock
company, syndicate or association exercising the
privilege of selling alcoholic beverages for
consumption on the premises in the City of
Brownsville shall remit annually to the City
Recorder the appropriate tax described in 8-103.
Such payments shall be remitted not less than thirty
(30) days following the end of each twelve (12)
month period from the original date of the license.
Upon transfer of ownership of such business or the
discontinuance of such business, said tax shall be
filed within thirty (30) days following such event.
Any person, firm, corporation, syndicate, or
association failing to make payment of the
appropriate tax when due shall be subject to the
penalty provided by law.
Chapter 2, Beer
Section 8-201. Beer board established
Section 8-202. Meetings of the beer board
Section 8-203. Record of beer board proceedings to
be kept
Section 8-204. Requirements for beer board quorum
and action
Section 8-205. Powers and duties of the beer board
Section 8-206. “Beer” defined
Section 8-207. Dealing is permitted subject to law
Section 8-208. Permit required for engaging in beer
business
Section 8-209. Privilege tax
Section 8-210. Qualifications
Section 8-211. Same-Required for liquor-by-the-drink
establishments
Section 8-212. Hours regulated
Section 8-213. Revocation of beer permits
Section 8-214. Civil penalty in lieu of suspension
Section 8-215. Violations
8-201. Beer Board established. There is hereby
established a beer board to be composed of the Board
of Mayor and Aldermen. The mayor shall be the
chairman of the beer board.
8-202. Meetings of the beer board. All meetings of
the beer board shall be open to the public. The
board shall hold regular meetings in the city hall
at such times as it shall prescribe. When there is
business to come before the beer board, a special
meeting may be called by the chairman provided he
gives a reasonable notice thereof to each member.
The board may adjourn a meeting at any time to
another time and place.
8-203. Record of beer board proceedings to be kept.
The recorder shall make a record of the proceedings
of all meetings of the beer board. The record shall
be a public record and shall contain at least the
following; The date of each meeting; the names of
the board members present and absent; the names of
the members introducing and seconding motions and
resolutions, etc., before the board; a copy of each
such motion or resolution presented; the vote of
each member thereon; and the provisions of each beer
permit issued by the board.
8-204. Requirements for beer board quorum and
action. The attendance of at least a majority of the
members of the beer board shall be required to
constitute a quorum for the purpose of transacting
business. Matters before the board shall be decided
by a majority of the members present if a quorum is
constituted. Any member present but not voting shall
be deemed to have cast a “nay” vote.
8-205. Powers and duties of the beer board. The beer
board shall have the power and it is hereby directed
to regulate the selling, storing for sale,
distributing for sale, and manufacturing of beer
within this municipality in accordance with the
provisions of this chapter.
8-206. “Beer” defined. The term “beer” as used in
this chapter shall mean and include all beers, ales,
and other malt liquors having an alcoholic content
of not more than five percent (5%) by weight.
8-207. Dealing is permitted subject to law. Except
as authorized by applicable laws and/or ordinances,
it shall be unlawful for any person to manufacture,
distribute, sell, transport, store and possess beer
of alcoholic content of not more than five percent
(5%) by weight and other beverages of like alcoholic
content in the city. All such activity is subject to
all regulations, limitations and restrictions
provided by Chapter 5 of Title 57 of the Tennessee
Code Annotated, as amended, and subject to the
provisions of this chapter.
8-208. Permit required for engaging in beer
business. It shall be unlawful for any person to
sell, store for sale, distribute for sale, or
manufacture beer without first making application to
and obtaining a permit from the beer board. The
application shall be made on such form as the board
shall prescribe and/or furnish, and pursuant to
Tennessee Code Annotated, § 57-5-104(a), shall be
accompanied by a non-refundable application fee of
two hundred and fifty dollars ($250.00). Said fee
shall be in the form of a cashier’s check payable to
the City of Brownsville.
8-209. Privilege tax. There is hereby imposed on the
business of selling, distribution, storing or
manufacturing beer a privilege tax of one hundred
dollars ($100.00). Any person, firm, corporation,
joint stock company, syndicate or association
engaged in the sale, distribution, storage or
manufacture of beer shall remit the tax each
successive January 1 to the City of Brownsville,
Tennessee. At the time a new permit is issued to any
business subject to this tax, the permit holder
shall be required to pay the privilege tax on a
prorated basis for each month or portion thereof
remaining until the next tax payment date.
8-210. Qualifications. In order to qualify for a
permit to sell beer, an applicant must at all times
adhere to and comply with the following provisions;
(a) The applicant shall not engage in the
transportation, storage, distribution, possession,
receipt or manufacture of beer of alcoholic content
of not more than five percent (5%) by weight, except
at the place or places for which the Beer Board has
issued a permit to such applicant.
(b). On premises permit. An on premises permit may
only be issued for the consumption of beer on the
premises of establishments licensed by the state
alcoholic beverage commission to sell liquor by the
drink. It shall be unlawful for any beer permit
holder to engage in any type or phase of the beer
business not expressly authorized by his permit. It
shall likewise be unlawful for him not to comply
with any and all express restrictions or conditions
which may be written into his permit by the beer
board.
8-211. Same-Required for liquor-by-the-drink
establishments. It shall be unlawful for any person
holding a liquor-by-the-drink license to sell beer
for consumption on the premises without a beer
permit.
8-212. Hours regulated. No permittee under this
chapter may sell or give away alcoholic beverages or
beer or permit the same to be consumed on the
premises except during the same hours authorized by
the state alcoholic beverage commission for
establishments selling liquor by the drink. All
beer, glasses and containers must be clear of the
tables at the end of serving hours.
8-213. Revocation of beer permits. The Beer Board
shall have the power to revoke any beer permit
issued under the provisions of this chapter when the
holder thereof is guilty of making a false statement
or misrepresentation in his application, failure to
maintain a state liquor by the drink license or of
violation any of the provisions of this chapter.
However, no beer permit shall be revoked until a
public hearing is held by the board after reasonable
notice to all the known parties of interest.
Revocation proceedings may be initiated by the
police chief or by any member of the board.
8-214. Civil penalty in lieu of suspension. The Beer
Board may, at the time it imposes a revocation or
suspension, offer a permit holder the alternative of
paying a civil penalty not to exceed one thousand,
five hundred dollars ($1,500.00) for each offense of
making or permitting to be made any sales to minors
or a civil penalty not to exceed one thousand
dollars ($1,000.00) for any other offense. If a
civil penalty is offered as an alternative to
revocation or suspension, the holder shall have
seven (7) 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
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 the
city may impose.
8-215. Violations. Except as provided in §8-214, any
violation of this chapter shall constitute a civil
offense and shall, upon conviction, be punishable by
a penalty under the general penalty provision of
this code. Each day a violation shall be allowed to
continue shall constitute a separate offense.
This Ordinance shall take affect upon its passage,
the public welfare requiring it.
RESOLUTION NO. 762/07
A Resolution Opting Out of Any Extension OF Hours
for Sale of Intoxicating Liquors.
Whereas, the Alcoholic Beverage Commission is
authorized to extend the hours of sale in the
jurisdictions which have approved the sale of liquor
by the drink by referendum under provisions of TCA
57-4-203 (d) (5), and
Whereas. TCA 57-4-203 (d) (5), of the Tennessee Code
Annotated allows cities to opt out of any extension
of hours adopted under this Section by passage of a
resolution, now
Therefore, be it resolved by the Board and Mayor of
Aldermen of the City of Brownsville, Tennessee that
the City of Brownsville elects to opt out of any
extensions of hours in the City of Brownsville,
Tennessee, and that a copy of this Resolution be
forwarded to the State Alcoholic Beverage
Commission.
This Resolution approved on this ________ day of
February, 2007.