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Application - Certificate of Compliance - Liquor Store1 City of La Vergne, Tennessee 5093 Murfreesboro Road, La Vergne, TN 37086  (615) 793-6295 APPLICATION FOR A CERTIFICATE OF COMPLIANCE FOR AN OFF-PREMISE CONSUMPTION RETAIL LIQUOR STORE Pursuant to Title 8 of the City of La Vergne Municipal Code, and, if applicable, Section 57-3-208 of Tennessee Code Annotated, the undersigned submits this application for a Certificate of Compliance as required to support an application to the City of La Vergne Board of Mayor and Aldermen and to the State of Tennessee Alcoholic Beverage Commission to establish an Off- Premise Consumption Retail Liquor Store within the City Limits of the City of La Vergne, Tennessee. This application, when properly completed, executed and sworn to before a Notary Public, is to be filed with the City Recorder. For a Certificate of Compliance, the City of La Vergne requires the following: 1. Completion of this application. Please type or print the information in blue or black ink. 2. Each application for a Certificate of Compliance for an Off-Premise Consumption Retail Liquor Store shall pay a NON-REFUNDABLE application fee of two hundred and fifty dollars ($250.00) to the City of La Vergne. Please make checks payable to the “City of La Vergne.” 3. If approved, a City Business License must be obtained from the Tax Department. 4. If approved, the store must be open for business within 6 months or the approval will be revoked. 5. The laws of the State of Tennessee, the Rules and Regulations of the State Alcoholic Beverage Commission and Title 8 of the City of La Vergne Municipal Code must be complied with. APPLICANT INFORMATION 1. Full Name: _____________________________________ 2. Address: _____________________________________ _____________________________________ 3. Telephone #: _____________________________________ 4. Please select type of Applicant: INDIVIDUAL - Continue to Section A on Page 2 PARTNERSHIP - Skip to Section B on Page 3 CORPORATION - Skip to Section C on Page 4 2 A. FOR AN INDIVIDUAL (Any Correspondence will be addressed to the individual.) 5. Date of Birth: ________________ 6. Telephone Number: ____________________ 7. Have you been convicted of a felony within the past ten (10) years? YES or NO 8. What is your occupation or business? ______________________________________ 9. How long has this been your occupation or business? __________________________ 10. If employed, the name of the employer: _____________________________________ 11. Address of the employer: ____________________________________ ____________________________________ 12. If in business, the kind of business: ____________________________________ 13. Please give the location of the business: ____________________________________ ____________________________________ 14. Please list the name of any person who will have any interest, direct or indirect, in the business of the applicant or in the profits thereof and the nature and extent thereof. _____________________________________________________________________ _____________________________________________________________________ Skip to Section D - Page 5 3 B. FOR A PARTNERSHIP (Any Correspondence will be addressed to the managing partner.) Managing Partner Information 5. Full Name: ______________________________________ 6. Address: _______________________________________ _______________________________________ 7. Date of Birth: ________________ 8. Telephone Number: ____________________ 9. List all individual partners and the following information: Name Address Phone Number Date of Birth (If additional space is needed, please use an additional sheet of paper.) 10. List all individual partners and the following information: Name General or Limited Partner Profit Sharing Percentage in Partnership Business or Occupation (If additional space is needed, please use an additional sheet of paper.) 11. Have any of the General Partners been convicted of a felony within the past ten (10) years? YES or NO Attach as an exhibit to this application, a copy of the partnership agreement. Skip to Section D - Page 5 4 C. FOR A CORPORATION (Any Correspondence will be addressed to the Contact Person.) 5. Contact Person: ________________________________________ 6. Address: ________________________________________ ________________________________________ 7. Telephone #: ________________________ 8. State of Incorporation: _______________ 9. Date of Incorporation: ____________ 10.What is the date of qualification to do business in Tennessee if the State of Incorporation is other than Tennessee: ____________________ 11. List all Officers of the Corporation with the following information: Name Address Phone Number Date of Birth (If additional space is needed, please use an additional sheet of paper.) 12. List all Directors of the Corporation with the following information: Name Address Phone Number Date of Birth (If additional space is needed, please use an additional sheet of paper.) 13. Have any Officers or Directors of this Corporation been convicted of a felony within the last ten (10) years? YES or NO 5 14. List all Stockholders owning ten (10) percent or more of the outstanding stock of each stock class of the Corporation with the following information: Name Address Percent of Outstanding Stock Owned Business or Occupation of Stockholder (If additional space is needed, please use an additional sheet of paper.) Attach as an exhibit to this application, a copy of the Corporation Charter. D. STORE INFORMATION 1. Name of Store: _________________________________________________ 2. Address of Store: _________________________________________________ 3. Give the following information for the Property Owner(s) where the Store will be located: Name Address Date of Birth Amount of Rent to be Paid (Monthly) (If additional space is needed, please use an additional sheet of paper.) Please attach a copy of the lease or other agreement between you and the owner of the premises to which you are or will be entitled to establish a Liquor Store. 4. Is the proposed location of the Liquor Store closer than 500 feet to any church, school, public playground, public institution or commercially zoned, licensed daycare center, measured in a straight line between the nearest point on the property line upon which sits the building from which the alcoholic beverages will be sold, stored or distributed, and the nearest point on the property line of the church, school, public playground, public institution or commercially zoned, licensed daycare center? YES or NO 5. Is the proposed location of the Liquor Store closer than 1 mile to any other retail liquor store, measured in a straight line between the nearest point on the property line upon which sits the building from which the alcoholic beverages will be sold, stored or distributed, and the nearest point on the property line of the existing retail liquor store? YES or NO 6. Is the proposed location of the Liquor Store on the ground floor of the building with only one entrance for use by the public? or If the proposed Liquor Store is located on the corner of two streets, is it located on the ground floor of the building with only one entrance on each street? YES or NO 6 7. Is the proposed Liquor Store of a modern, permanent type construction? YES or NO 8. Does the proposed Liquor Store have night lighting surrounding the outside of the premises and will it be equipped with a burglar alarm system on the inside of the premises? YES or NO 9. Does the proposed Liquor Store Retail Floor Space (not including storage space) have a minimum square footage of 1,800 square feet? YES or NO E. FINANCIAL INFORMATION 1. State the amount of money invested or to be invested, along with the source of funds to be used in the business. If the money is borrowed, please give the name of the person or bank from whom borrowed, the name of the bank with which the applicant does business, and the name of any person who is aiding the venture financially, either by loan or endorsement. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ F. OTHER INFORMATION 1. Other than those persons previously listed, list the name(s) of any person who will have any interest, either direct or indirect, in the business of said applicant or in the profits thereof, also list the nature and extent of the interest. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 7 ___________________________________________________________________________ 2. Does any person or entity have any ownership in, or participate either directly or indirectly in the profits of the business described herein whose identity has not been disclosed herein? YES or NO If YES, please list them below and identify the relationship: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 3. Does any manufacturer, brewer, or wholesaler have any interest in the business or premises or in the furniture or fixtures related to the business or premises of the proposed Store? YES or NO 4. Does any person have any interest, direct or indirect, in the proposed Liquor Store that does not comply with any of the restrictions listed in Section 8-108 of the City of La Vergne Municipal Code? YES or NO G. OATH OF APPLICANT In making this application for a certificate of compliance, I hereby certify that no person prohibited by law from having direct or indirect interest in the business described herein has such an interest (See T.C.A. Section 57-3-210). I also hereby certify that to the best of my knowledge, all information on this application is true and complete. I understand that if any information is found to be untrue, it may disqualify me from any further consideration for a Certificate of Compliance. I further agree to comply with all Federal and State Laws and the Rules and Regulations of the Tennessee Alcoholic Beverage Commission, as well as the Ordinances and Municipal Code of the City of La Vergne, Tennessee. I further agree to allow the City of La Vergne to conduct an investigation of my background and do hereby release the City of La Vergne from any liability or any change which may result from furnishing the information requested. ___________________________________________ Date: ____________________ Applicant Signature 8 This application shall be verified by the oath of the applicant and in the event the applicant is a Partnership, it shall be verified by the oath of the managing general partner or if the applicant is a Corporation, it shall be verified by the oath of the President of the Corporation. The Oath shall must be signed before a Notary Public to be valid. Notary Public Certification for an Individual or Partnership: STATE OF TENNESSEE ) COUNTY OF ____________ ) Personally appeared before me, ___________________________, a Notary Public in and for said county and state, that _________________________, personally known to me, or proved to me with identification, who, upon oath, acknowledge that he / she did execute the attached application for a Certificate of Compliance and that the facts and representations contained therein are true. Witness my hand and seal at office this _________ day of ___________, 20___. _______________________________________ Notary Public My Commission expires: ___________________ (Seal) 9 This application shall be verified by the oath of the applicant and in the event the applicant is a Partnership, it shall be verified by the oath of the managing general partner or if the applicant is a Corporation, it shall be verified by the oath of the President of the Corporation. The Oath shall must be signed before a Notary Public to be valid. Notary Public Certification for a Corporation: STATE OF TENNESSEE ) COUNTY OF _____________ ) Before me, _________________________________, a Notary Public in and for State and County aforesaid, personally appeared _____________________________, with whom I am personally acquainted or proved to me with identification, and who, upon oath, acknowledged himself / herself to be the ______________________, of ________________________, the within named bargainor, a corporation, and that he / she as such __________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself / herself as ___________________________. Witness my hand and offical seal, at office this _____________ day of _______________, 20___. _______________________________________ Notary Public My Commission expires: _________________ (Seal) (For Office Use Only) This application was filed with the City of La Vergne City Recorder this the _______ day of ____________, 20____, at __________ A.M. / P.M. _______________________________________ City Recorder /$9(5*1(32/,&('(3$570(17  3(5621$/+,6725<6+((7)25$%$&.*5281'&+(&.  ,ILQIRUPDWLRQGRHVQRWDSSO\WR\RXSOHDVHLQVHUW1$LQWKHEODQN,I\RXQHHGPRUHVSDFHSOHDVHDWWDFKDQ DGGLWLRQDOVKHHW  1DPH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB+RPH3KRQH BBBBBBBBBBBBBBBBBBB  +RPH$GGUHVVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB&HOO3KRQH BBBBBBBBBBBBBBBBBBB   BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB'HVFULSWLRQ'DWHRI%LUWKBBBBBBBBB  %LUWKGDWHDQG3ODFH BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB&RORU BBBBBBBB6H[ BBBBBBBBB  6RFLDO6HF BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB+HLJKWBBBBBBBB:HLJKWBBBBBBBBB  0LOLWDU\6HULDOBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB+DLU BBBBBBBB(\HV BBBBBBBBB  6FDUV7DWWRRV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  'ULYHU V/LFHQVH1RDQG6WDWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  $XWRPRELOH,QIR0DNHBBBBBBBBBBBBB0RGHOBBBBBBBBBBBBB<HDUBBBBBBBBB7DJBBBBBBBBBBB  (GXFDWLRQ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  2FFXSDWLRQ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  &ULPLQDO5HFRUGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  5HODWLYHV 1DPH $GGUHVV 3KRQH1XPEHU                 $VVRFLDWHV 1DPH $GGUHVV 3KRQH1XPEHU                 8-1 TITLE 8 ALCOHOLIC BEVERAGES1 CHAPTER 1. INTOXICATING LIQUORS--PACKAGE STORES. 2. INTOXICATING LIQUORS--HOTELS, RESTAURANTS, ETC. 3. BEER. CHAPTER 1 INTOXICATING LIQUORS--PACKAGE STORES SECTION 8-101. Definitions. 8-102. Scope of chapter. 8-103. State laws to be complied with. 8-104. Content of application for certificate of compliance. 8-105. Processing applications. 8-106. Applicant to appear before board of mayor and aldermen; duty to give information. 8-107. Action on application. 8-108. Restrictions on operators of retail liquor stores. 8-109. City privilege license. 8-110. Regulation of sales. 8-111. Location restrictions. 8-112. Retail store restrictions. 8-113. Inspection fees. 8-114. Restriction on number of stores. 8-115. Time period. 8-116. Violations and penalties. 8-101. Definitions. Whenever used in this chapter unless the context requires otherwise: (1) "Alcoholic beverage" or "beverages" and "intoxicating liquor" means and includes alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine, beer or wine, where the latter two (2) contains an alcoholic content of five (5) percent by weight or less. 1State law reference Tennessee Code Annotated, title 57. 8-2 (2) "Retail sale" or "sale at retail" means a sale to a consumer, or to any person for any purpose other than for resale. (3) "Retailer" or "dealer" means any person who sells at retail any beverage covered by this ordinance. (4) "Wholesaler" means any person who sells at wholesale any beverage for the sale of which a license is required under the provisions of Tennessee Code Annotated, Title 57, chapter 5. (5) "Person" means any natural person as well as any corporation, partnership, firm or association. (6) "City council" refers to the governing body of the City of La Vergne, Tennessee. (7) "City" means the City of La Vergne, Tennessee. (8) "City administrator" means the City Administrator for the City of La Vergne. (9) "City recorder" means the City Recorder of the City of La Vergne. (10) "Domicile" means and includes present and continuous actual physical residence with an established permanent residence. (11) Words importing the masculine gender shall include the feminine and the neuter, and singular shall include the plural. (1994 Code, § 8-101) 8-102. Scope of chapter. It shall be unlawful to store, transport, sell, give away, distribute, possess and receive alcoholic beverages in the city unless provision of this chapter and the laws of the State of Tennessee and the State Rules and Regulations of the Alcoholic Beverage Commission have been complied with. Nothing in this chapter regulates the transportation, storage, sale, distribution, possession or receipt of or tax upon any beverage of alcoholic content of five (5%) by weight or less, and no ordinance related thereto is modified by this chapter. (1994 Code, § 8-102) 8-103. State laws to be complied with. No person, firm, corporation, association or partnership shall engage in the retail liquor business unless all the necessary state licenses and permits have been obtained. (1994 Code, § 8-103) 8-104. Content of application for certificate of compliance. (1) Before any person shall receive a license for the establishment of an off-premise consumption retail liquor sales outlet, the applicant shall make application for a certificate as required by Tennessee Code Annotated, § 57-3-208. The application for the certificate shall be in writing and shall be filed with the city recorder giving the following information: (a) For an individual applicant: (i) Name, date of birth, and address of the applicant; (ii) Number of years residence in the state; 8-3 (iii) Occupation or business and length of time engaged in such occupation or business; (iv) Whether or not the applicant has been convicted of a felony within the past ten (10) years; (v) If employed, the name and address of the employer; (vi) If in business, the kind of business and location thereof; (vii) The name of any person who will have any interest, direct or indirect, in the business of the applicant or in the profits thereof and the nature and extent in character thereof. (a) If applicant is a partnership: (i) Partnership name and address; (ii) Names, dates of birth, and addresses or all partners indicating separately those partners who are general partners and those who are limited partners, if any and, for each partner, showing the name of such partner, such partner's profit sharing percentage in the partnership, and the business or occupation of each such partner; (iii) A copy of the partnership agreement shall be attached as an exhibit to the application; (iv) Whether any general partner has been convicted of a felony within the past ten (10) years; (b) If applicant is a corporation: (i) Name of the corporation, state of incorporation and date of qualification to do business in Tennessee if the state of incorporation is other than Tennessee; (ii) List of names, dates of birth, and addresses of all officers of the corporation; (iii) List of names, dates of birth, and addresses of all directors of the corporation; (iv) List of the names, addresses, percent of outstanding stock owned or controlled and business or occupation of each stockholder of the corporation owning ten (10) percent or more of the outstanding stock of each class of said corporation; (v) Whether any officer or director has been convicted of a felony within the past ten (10) years; (vi) A copy of the charter of the corporation shall be attached as an exhibit to the application. (c) Additional information from all applicants: (i) The location of the proposed facility for the sale of alcoholic beverages; (ii) The name, date of birth, and address of the owner and the amount of rent to be paid; 8-4 (iii) The amount of money invested or to be invested and the source of funds to be used, and, if borrowed, the name of the person or bank from whom borrowed; the name of the bank with which the applicant does business; the name of any person who is aiding the venture financially, either by loan or endorsement; (iv) The name of any person who will have any interest, direct or indirect, in the business of the applicant or the profits thereof and the nature and extent and character thereof other than those persons previously identified. (2) The application required herein shall be verified by the oath of the applicant and in the event the applicant is a partnership, it shall be verified by the oath of the managing general partner or if the applicant be a corporation, it shall be verified by the oath of the president of the corporation. Each application for a certificate of compliance for off-premise consumption shall pay a non-refundable application fee of two hundred and fifty dollars ($250.00) to the city recorder. (3) The applicant must complete and return with the application any documents or forms that the chief of police or city attorney may require in order to conduct an investigation on the applicant. (1994 Code, § 8-104) 8-105. Processing applications. (1) Applications for the renewal of the certificate of compliance will be processed in the same manner and under the same conditions as a new application. Certificates issued under this chapter shall expire at the end of each calendar year and, subject to the provisions of this chapter, may be renewed each calendar year by payment of the certificate application fee. This fee shall be remitted to the city recorder on or before January 1st of each year. If the certificate holder fails to pay the fee by January 10th of each year, the certificate of compliance will be revoked and a certification thereof will be forwarded to the Alcoholic Beverage Commission of the State of Tennessee and the license to said application shall be considered to have been canceled and revoked. (2) Application for employee's permit to serve as an employee in the place of business of a retail liquor store under the provision of Tennessee Code Annotated, § 57-3-204 shall submit the name of such employee to the Chief of Police of the City of La Vergne. (1994 Code, § 8-105, modified) 8-106. Applicant to appear before board of mayor and aldermen; duty to give information. An applicant for a certificate of compliance may be required to appear in person before the board of mayor and aldermen for such reasonable examination as may be desired by the board. (1994 Code, § 8-106) 8-107. Action on application. (1) Every application for a certificate of compliance shall be referred to the chief of police for investigation and to the city attorney for review, each of whom shall submit his findings to the board of 8-5 mayor and aldermen within thirty (30) days of the date each application was filed. (2) Upon the filing of an application for a new license or for the transfer of an existing license to a new location, the city administrator, or his designee, shall promptly and conspicuously post the proposed premises with a clean, neat and legible sign, approximately twenty-four (24) inches by thirty-six (36) inches, stating the name and address of the applicant, the nature of the application, and the date that the application is to be originally considered by the board of mayor and aldermen, said sign to be placed on the premises at least ten (10) days prior to the date on which the application is to be originally acted upon by the board. (3) The applicant shall place a notice in a newspaper of general circulation concerning the applicant's intent to seek a license from the Tennessee Alcoholic Beverage Commission. The notice shall contain such information as is prescribed in the Rules of the Tennessee Alcoholic Beverage Commission and shall appear for at least three (3) consecutive issues immediately preceding the date that the applicant applies to the City of La Vergne for a certificate of compliance. (4) The board of mayor and aldermen may issue a certificate of compliance to any applicant, which shall be signed by the mayor or by a majority of the board of mayor and aldermen. (1994 Code, § 8-107) 8-108. Restrictions on operators of retail liquor stores. (1) No person, member of a firm, corporation, or partnership shall operate a retail store for the sale of alcoholic beverages herein defined if he is a holder of a public office, either appointive or elective, or who is a public employee either national, state, city or county. It shall be unlawful for any such person to have any interest in such retail business directly or indirectly, either proprietary or by means of any loan, mortgage, or lien, or to participate in the profits of any such business. (2) Age limit. No retailer or any employee thereof engaged in any activity covered by this section shall be a person under the age of eighteen (18) years, and it shall be unlawful for any retailer or employee to permit any such person under said age on his place of business to engage in the sale of alcoholic beverages. Further, it shall be unlawful for any minor to misrepresent his age in purchasing or attempting to purchase alcoholic beverages. (3) Employees. No retailer shall employ in the sale, storage, or distribution of alcoholic beverages any person who within ten (10) years prior to the date of his employment, shall have been convicted of a felony involving moral turpitude or of any law regulating intoxicating liquors, and in the case an employee should be so convicted, he shall immediately be discharged. (4) Transfer or sale of license. The holder of a license may not sell, assign, or transfer such license to any other person, and said license shall be good and valid only for the calendar year in which the same was issued. 8-6 (5) Only one (1) establishment to be operated by retailer. No retailer shall operate directly or indirectly, more than one place of business for the sale of alcoholic beverages in the city. The word "indirectly," as used in this section, shall include and mean any kind of interest in another place of business by way of stock, ownership, loan, partner's interest or otherwise. (6) Restrictions cumulative. The provisions of this section shall be in addition to any other restrictions or conditions which may be contained elsewhere in the provisions of this chapter. (1994 Code, § 8-108, as replaced by Ord. #2012-27, Jan. 2013) 8-109. City privilege license. The privilege license shall be levied on the business in accordance with the provisions of the "Business Tax Act" as enacted by the 87th General Assembly of Tennessee, by Chapter 387 of the Public Acts of 1971, as amended. (1994 Code, § 8-109) 8-110. Regulation of sales. (1) Hours of sales on weekdays. No retail store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of eight o'clock a.m. (8:00 A.M.) and eleven o'clock P.M. (11:00 P.M.) on Monday through Saturday. (2) Sales on Sundays. No retail store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of ten o'clock A.M. (10:00 A.M.) and eleven o'clock P.M. (11:00 P.M.) on Sunday. (3) Sales on holidays. No retail store shall sell, give away, or otherwise dispense alcoholic beverages on the following holidays: Christmas, Thanksgiving, or Easter. (4) Sales to minors. No retailer shall sell or give away any alcoholic beverages to any person under twenty-one (21) years of age, and it shall be unlawful for any such minor to purchase any alcoholic beverages. Also, it shall be unlawful for any person to present false evidence that he has attained the age of twenty-one (21) years of age. (5) Keeping an unsealed bottle or container. No retailer of alcoholic beverages shall keep or permit to be kept upon his premises any alcoholic beverages in any unsealed bottles or other unsealed containers. (6) Sales to person intoxicated. No retailer shall sell or give away any alcoholic beverages to any person who is drunk, nor shall any retailer sell or give away any alcoholic beverages to any person accompanied by a person who is drunk. (7) Sales on credit. No holder of a permit for the sale of alcoholic beverages for retail shall sell, deliver or cause, permit or procure to be sold or delivered any alcoholic beverages on credit. (8) Unstamped merchandise. No retailer shall own, store, or possess upon the premises any unstamped merchandise required by laws of the State of Tennessee to have affixed thereto revenue stamps of the state. 8-7 (9) Political advertising. No political advertising of or for any candidate or party by poster, handout card, matches or other similar election campaign material shall be placed or dispensed on the premises of a retail liquor store. (10) Consumption on premises. No alcoholic beverages shall be sold for consumption or consumed on the premises of a retail package seller. (1994 Code, § 8-110, as replaced by Ord. #2018-14, July 2018 Ch3_9-3-19) 8-111. Location restrictions. (1) It shall be unlawful for any person to operate or maintain a liquor store for the retail sale of alcoholic beverages in the City of La Vergne unless said location of the liquor store shall be on Murfreesboro Road or Waldron Road / Parthenon Parkway, in either Zone C-2, C-3, or C-4 as appears on the official zoning map of the City of La Vergne on the date of application. (2) In no event will a store be allowed when it is 500 feet or nearer to any church, school, public playground, public institution or commercially zoned, licensed daycare center, measured in a straight line between the nearest point on the property line upon which sits the building from which the alcoholic beverages will be sold, stored or distributed, and the nearest point on the property line of the church, school, public playground, public institution or commercially zoned, licensed daycare center. (3) In no event will a store be allowed when it is 1 mile or nearer to any other retail liquor store, measured in a straight line between the nearest point on the property line upon which sits the building from which the alcoholic beverages will be sold, stored or distributed, and the nearest point on the property line of the existing retail liquor store. Provided, further, that no certificate of compliance shall be issued by the mayor and/or city council in any case until the location of said proposed liquor store has been approved by the city council. (4) As a further limitation on the location of retail liquor stores for the sale of alcoholic beverages, no location for same shall be approved when in the opinion of the city council, expressed by a majority vote thereof, the operation of such liquor store at the location would be inimical to the public interest. (1994 Code, § 8-111) 8-112. Retail store restrictions. (1) No retail liquor store shall be located except on the ground floor and it shall have one main entrance opening on a public street, and such place of business shall have no other entrance for use by the public except as hereinafter provided. When a retail store is located on the corner of two (2) streets, such retail store may maintain a door opening on each of the public streets. All buildings shall be in compliance with the state regulations for the operation of retail liquor stores. 8-8 (2) No form of entertainment, including pin ball machines, music machines, or similar devices, shall be permitted to operate upon any premises from which intoxicating liquors are sold. (3) All liquor stores shall be of a modern, permanent type construction and no store shall be located in a mobile home or other movable type building. All liquor stores shall have night lighting surrounding the outside of the premises and shall be equipped with a burglar alarm system on the inside of the premises. The minimum square footage of the liquor store retail floor space shall be 1,800 square feet. All retail sales shall be confined to the premises of the structure and no curb service shall be permitted nor shall drive-thru windows be permitted. (1994 Code, § 8-112) 8-113. Inspection fees. (1) The City of La Vergne hereby imposes an inspection fee in the maximum amount allowed by Tennessee Code Annotated, § 57-3-501 on all licensed retailers of alcoholic beverages located within the corporate limits of the city. (2) Collection. The inspection fee shall be collected by the wholesaler and transmitted to the city recorder not later than the 20th day of each month for the preceding month. Each wholesaler making sales to licensees located within the corporate limits of the City of La Vergne, Tennessee, shall furnish the municipality a monthly report, which report shall contain a list of the alcoholic beverages sold in each licensee located within the municipality, the wholesale price of the alcoholic beverages sold to each licensee, the amount of the inspection fee due and such other information as may be required by the municipality. The inspection fees collected by the wholesalers from the licensee or licensees located within the municipality shall be paid to the municipality at the time the monthly report is made. Wholesalers collecting and remitting the inspection fee to the municipality shall be entitled to reimbursement for this collection services a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the municipality. (3) The failure of the wholesaler to collect or timely report and/or pay the inspection fees collected shall result in a penalty in the amount of ten percent (10%) of the inspection fee due the municipality, which shall be payable to the municipality. (4) The municipality shall have the authority to audit the records of the wholesalers and/or licensees subject to the provisions of this chapter in order to determine the accuracy of the reports of the wholesalers and/or licensees. (1994 Code, § 8-113) 8-114. Restriction on number of stores. Not more than one (1) license shall be issued for each seven thousand five hundred (7,500) persons or fraction thereof within the corporate limits of the city, according to the last 8-9 certified federal or state census, whether regular or special. (1994 Code, § 8-114) 8-115. Time period. Any applicant who has obtained a certificate of compliance from the mayor and a majority of the city council, as provided herein above, must, within six (6) months open a store for the retail sale of alcoholic beverages to the public or said certificate of compliance will be automatically revoked by the passage of said time, and a certification thereof will be forwarded immediately to the Alcoholic Beverage Commission of the State of Tennessee and the license issued to said application shall be considered to have been canceled and revoked. (1994 Code, § 8-116) 8-116. Violations and penalties. Any violation of the provisions of this ordinance shall constitute a misdemeanor and shall, upon conviction be punishable by a fine of not less than fifty ($50.00) dollars. Upon conviction of any person under this ordinance, it shall be mandatory for the city judge to immediately certify said conviction, whether on appeal or not, directly to the Tennessee Alcoholic Beverage Commission, together with petition that all licenses be revoked, pursuant to the provisions of Tennessee Code Annotated, §§ 57-3-101 to and including 57-3-110 and the rules and regulations of said commission. (1994 Code, § 8-117)