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Ordinances

 

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.