As used in this chapter, unless the context otherwise requires:
(1) “Alcoholic beverage” or “beverage” 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 or beer as defined in § 57-5-101(b). Notwithstanding any provision to the contrary in this title, “alcoholic beverage” or “beverage” also includes any product containing distilled alcohol capable of being consumed by a human being manufactured or made with distilled alcohol irrespective of alcoholic content, including any infused product;
Terms Used In Tennessee Code 57-4-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- beverage: 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 or beer as defined in §. See Tennessee Code 57-4-102
- Bona fide charitable or nonprofit organization: means any corporation which has been recognized as exempt from federal taxes under §. See Tennessee Code 57-4-102
- Caterer: means a business engaged in offering food and beverage service for a fee at various locations, which:
- Civic arts center: means a complex that serves as a community center for the arts and further possesses the following characteristics:
- Club: means a nonprofit association organized and existing under the laws of this state, which has been in existence and operating as a nonprofit association for at least two (2) years prior to the application for a license hereunder, having at least one hundred (100) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member. See Tennessee Code 57-4-102
- Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
- Commercial airline: includes any airline operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, or under an exemption from the requirement of obtaining a certificate of public convenience and necessity but otherwise regulated by an appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular schedules, or charter trips, while moving through any county of the state, but not while any such commercial airline is stopped in a county or municipality that has not legalized such sales. See Tennessee Code 57-4-102
- Commercial passenger boat company: means a company that operates one (1) or more passenger vessels for hire upon navigable waterways and is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel. See Tennessee Code 57-4-102
- Commission: means the alcoholic beverage commission, created pursuant to chapter 1 of this title. See Tennessee Code 57-4-102
- Community theater: means a facility or theater possessing each of the following characteristics:
- Contract: A legal written agreement that becomes binding when signed.
- Convention center: means a facility possessing each of the following characteristics: (i) Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility. See Tennessee Code 57-4-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Distillery: means and includes any place or premises wherein any liquors are manufactured for sale. See Tennessee Code 57-3-101
- facility: includes any location within the property designated by the licensee. See Tennessee Code 57-4-102
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Festival operator: means a person licensed under this subdivision (16) who is either a for-profit business operating a festival for a period of up to seven (7) days in length in which alcoholic beverages or beer will be sold, given away, or otherwise dispensed or a third party with whom such for-profit business engages to conduct alcoholic beverage or beer sales during such festival. See Tennessee Code 57-4-102
- Food hall: means a public place: (i) Kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served. See Tennessee Code 57-4-102
- gallons: means a wine gallon or wine gallons, of one hundred and twenty-eight ounces (128 oz. See Tennessee Code 57-3-101
- Gift: means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received. See Tennessee Code 57-3-101
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
- Historic inn: means a historic building that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics: (i) Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee. See Tennessee Code 57-4-102
- Historic interpretive center: means a facility possessing each of the following characteristics:(i) The center is located in an historic area of town where structures listed on the national register of historic places are located. See Tennessee Code 57-4-102
- Historic performing arts center: means a facility possessing each of the following characteristics: (i) The center is located in a restored theater that is at least fifty (50) years old and listed on the national register of historic places. See Tennessee Code 57-4-102
- infused product: means any product created from the combining or mixing of an alcoholic beverage with nonalcoholic products or material over a sustained period of time, and at the time of the combination or mixing, the combination or mixture is not intended for immediate consumption. See Tennessee Code 57-4-108
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- License: means the license issued pursuant to this chapter. See Tennessee Code 57-3-101
- Licensee: means any person to whom such license has been issued pursuant to this chapter. See Tennessee Code 57-3-101
- Limited service restaurant: means a facility possessing each of the following characteristics: (A) Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:
- Manufacturer: means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier. See Tennessee Code 57-3-101
- Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
- Municipality: means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census. See Tennessee Code 57-3-101
- Museum: means a building or institution serving as a repository of natural, scientific or literary curiosities or works of art for public display and further possesses the following characteristics:
- Oversight: Committee review of the activities of a Federal agency or program.
- Paddlewheel steamboat company: includes a paddlewheel steamboat company that possesses the following characteristics:
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Passenger train: includes any passenger train operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through any county of the state, but not while any such passenger train is stopped in a county or municipality that has not legalized such sales. See Tennessee Code 57-4-102
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- premier type tourist resort: means : (A) A commercially operated recreational facility possessing each of the following characteristics: (i) Ownership and operation by a profit type corporation having a capitalization of not less than ten million dollars ($10,000,000). See Tennessee Code 57-4-102
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Public aquarium: means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics: (A) The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. See Tennessee Code 57-4-102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
- Restaurant: means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. See Tennessee Code 57-4-102
- Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Special historic district: means any area with specific boundaries that possesses the following characteristics:
- Special occasion license: means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. See Tennessee Code 57-4-102
- Sports authority facility: means a facility possessing the following characteristics:(i) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity. See Tennessee Code 57-4-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Suite: means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee's guests. See Tennessee Code 57-4-102
- Tennessee River resort district: means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to §. See Tennessee Code 57-4-102
- Terminal building of a commercial air carrier airport: means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and: (A) Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to §. See Tennessee Code 57-4-102
- Theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See Tennessee Code 57-4-102
- United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Urban park center: means a facility or designated area possessing the following characteristics: (i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof. See Tennessee Code 57-4-102
- Venue: The geographical location in which a case is tried.
- Wholesaler: means any person who sells at wholesale any beverage for the sale of which a license is required under this chapter. See Tennessee Code 57-3-101
- Wine: means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. See Tennessee Code 57-4-102
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
- Zoological institution: means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
|
not less than
|
nor more than
|
|
21,800
|
22,100
|
|
22,600
|
23,000
|
|
34,850
|
35,000
|
|
80,000
|
83,000
|
|
103,100
|
103,400
|
according to the 1990 federal census or any subsequent federal census;
(G) “Club” also means a clubhouse owned and operated by a for-profit corporation, which is open to the public but has at least one hundred fifty (150) private members and seats at least one hundred (100) persons, that is a planned part of a residential development consisting of no less than two hundred fifty (250) acres and at least one hundred ninety (190) residential units, and such development contains an eighteen-hole golf course under separate ownership; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census and in a municipality which lies within two (2) contiguous counties;
(H) “Club” also means a facility owned by a for-profit corporation incorporated in Tennessee prior to September 30, 2000, as a private club which does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin, and further possesses the following characteristics:
(i) Is located within three (3) miles of a municipal golf course owned and operated by a home-rule municipality located in a county having a charter form of government and having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
(ii) Has, on July 3, 2002, a minimum of three hundred (300) members paying annual dues with a copy of membership applications on file on the premises, and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member; and
(iii) Has a kitchen and dining area having a minimum seating capacity of seventy-five (75) in a building having at least eighteen hundred square feet (1800 sq. ft.);
(I)
(i) “Club” also means a for-profit recreational club organized and existing under the laws of this state which has been in existence and operating for at least two (2) years prior to June 11, 2003, and which is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Has at least one hundred seventy-five (175) members paying annual dues and does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin;
(b) Is organized and operated exclusively for recreation and providing a regulation eighteen-hole golf course for the use of its members and guests, and also offers for the use of its members and guests a swimming pool and tennis facility; and
(c) Has a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
(ii) Such club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based upon the volume of such beverages sold;
(iii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by such club;
(J) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in any county having a population of not less than one hundred thirty thousand (130,000) nor more than one hundred thirty-one thousand (131,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
(i) The club shall be adjacent to a residential development consisting of at least one hundred (100) residential units, and the club property and such residential development shall consist of at least two hundred (200) acres;
(ii) The residential development shall be adjacent to a lake with an area greater than twenty (20) acres;
(iii) The club shall be organized and operated to provide to its members, their guests, and others an eighteen-hole golf course and amenities provided by other similar clubs;
(iv) The club shall serve at least one (1) meal daily, five (5) days a week;
(v) The club shall have a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment; and
(vi) The club shall not discriminate against any person on the basis of gender, race, religion or national origin;
(K)
(i) “Club” also means a for-profit recreational club organized and existing under the laws of this state that has been in existence and operating for at least two (2) years prior to March 31, 2003, and that is located in any county not having a metropolitan form of government and having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Has at least two hundred twenty-five (225) members paying monthly or annual dues, or both, and does not discriminate against members or potential members or bona fide guests of the members on the basis of gender, race, religion or national origin;
(b) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and may or may not also provide for the use of its members and guests a swimming pool and tennis facility; and
(c) Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
(d) The club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
(ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
(L)
(i) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), as of the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Has at least three hundred (300) members, as of December 23, 2015, paying dues with a copy of membership applications on file on the premises and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;
(b) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer for the use of its members and guests a swimming pool and other recreational amenities;
(c) Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;
(d) The club may not compensate or pay any officer, director, agent, or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold; and
(e) The premises, as provided in § 57-4-101(a)(2) for a club, whether such parcels comprising the club premises are contiguous or not, shall also include the golf course, including beverage carts; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and
(f) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion, or national origin;
(ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
(M)
(i) “Club” also means a for-profit recreational club, organized and existing under the laws of this state, which is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Has at least three hundred (300) members, as of January 1, 2017, paying dues with a copy of membership applications on file on the premises and that issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member;
(b) Is located within a planned residential development consisting of no less than six hundred (600) acres and at least three hundred (300) residential dwelling units, and such residential development contains an eighteen-hole golf course;
(c) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and also may offer its members and guests the use of a swimming pool, tennis courts, and other recreational amenities;
(d) Has a clubhouse with not less than nine thousand square feet (9,000 sq. ft.) with a suitable kitchen, dining facilities, and equipment, serving at least one (1) meal daily at least five (5) days a week;
(e) The club does not compensate or pay any officer, director, agent, or employee from any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
(f) The premises, as provided in § 57-4-101(a)(2), for a club, whether such parcel comprising the club premises are contiguous or not, shall also include the golf course; tennis courts; all areas of the clubhouse; the area immediately surrounding the swimming pool, if a club offers such amenities; and all other related recreational facilities; and
(g) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, color, age, religion, or national origin; and
(ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
(N)
(i) “Club” also means a for-profit membership-based social club, organized and existing under the laws of this state, that is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Is located within a building containing three (3) floors and a rooftop area, totaling approximately six thousand square feet (6,000 sq. ft.) that houses a bar, coffee bar, cigar lounge with lockers, meeting and relaxation space, conference rooms, private call rooms, and workstations;
(b) Is within a central business improvement district as of 2020;
(c) Is organized and operated exclusively for offering an upscale business club environment for learning and networking, where members receive exclusive access to amenities and opportunities in the city;
(d) Has at least ten (10) members paying monthly or annual dues, as of January 1, 2020, with a copy of membership applications on file on the premises and that issues to its members a proximity reader security access card which authorizes admittance of the member and bona fide guests of such member;
(e) Offers its members the ability to purchase all club-related services and experiences through cash or credit card;
(f) Offers its members access to multiple locations across the United States, each tailored to its city and located in prime business districts, and offers its members access to experience specialists, who arrange for its members’ needs, ranging from dinner reservations, vacation rentals, and unique travel amenities and luxury experiences; and
(g) Does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, creed, color, sex, age, religion, or national origin;
(ii) The premises for the club, includes all floors of the singular building constituting the club, whether contiguous or not and connected through stairwells and elevators; the rooftop area; and any area within the building designated by the club in its application for licensure for consumption of alcoholic beverages on the premises;
(9) “Commercial airline” includes any airline operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, or under an exemption from the requirement of obtaining a certificate of public convenience and necessity but otherwise regulated by an appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular schedules, or charter trips, while moving through any county of the state, but not while any such commercial airline is stopped in a county or municipality that has not legalized such sales;
(10) “Commercial airline travel club” means an organization established and operated by or for a commercial airline as defined in this section for the convenience and comfort of airline passengers;
(11) “Commercial passenger boat company” means a company that operates one (1) or more passenger vessels for hire upon navigable waterways and is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel. A commercial passenger boat company licensed pursuant to this chapter shall not sell any type of alcoholic beverage or beer while such boat is docked within the boundaries of any local government that has not approved the sale of alcoholic beverages pursuant to § 57-4-103. A commercial passenger boat company may only operate out of a county that has a population:
(A) In excess of two hundred eighty-five thousand (285,000), according to the 1980 federal census or any subsequent federal census;
(B) Not less than eighty-three thousand three hundred (83,300) nor more than eighty-three thousand four hundred (83,400), according to the 1980 federal census or any subsequent federal census; or
(C) Not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census;
(12) “Commission” means the alcoholic beverage commission, created pursuant to chapter 1 of this title;
(13)
(A) “Community theater” means a facility or theater possessing each of the following characteristics:
(i) The community theater is at least eight (8) years old;
(ii) The theater is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the community theater, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the theater. No alcoholic beverages or beverages of any kind shall be possessed or consumed inside the auditorium of such theater during performances in such auditorium;
(iii) The theater provides or leases facilities for theatrical programs of cultural, civic and educational interest; and
(iv) The theater is located in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
(B) “Community theater” also includes a facility or theater possessing each of the following characteristics:
(i) The facility has a performance hall seating not less than two hundred fifty (250) persons, a resource library, rehearsal rooms, and permanent exhibition space of not less than nine thousand square feet (9,000 sq. ft.);
(ii) The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the facility, and in furtherance of the purposes of the organization;
(iii) The facility provides or leases facilities for concerts and programs of cultural, civic and educational interest; and
(iv) The facility is located in any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census;
(C) Alcoholic beverages may be sold at a community theater only during one (1) performance or benefit program a day and only one (1) hour before, during and one (1) hour after the performance or benefit program;
(D) “Community theater” also includes a facility or theater possessing each of the following characteristics:
(i) The facility is located in a building that is at least eighty (80) years old;
(ii) The facility has a performance hall seating approximately two hundred fifty (250) persons;
(iii) The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), and no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization;
(iv) Alcoholic beverages shall only be sold before or after performances or during intermissions in the performances, and no alcoholic beverages shall be consumed inside the auditorium of the facility; and
(v) The facility is located within a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, in any county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
(E) “Community theater” also includes a privately owned facility possessing each of the following characteristics:
(i) Is a community theater in continuous operation since 1943;
(ii) Is primarily a volunteer organization with limited salaried staff;
(iii) Has an auditorium with more than three hundred (300) seats;
(iv) Is located on an historic square and is allowed to sell alcoholic beverages at up to five (5) special events annually that are held on the historic square along with being allowed to sell alcoholic beverages as provided in subdivision (13)(C); and
(v) Is located in any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census;
(F) “Community theater” also includes a facility or theater possessing each of the following characteristics:
(i) The facility is at least twenty-seven (27) years old;
(ii) The facility has a performance hall seating not less than one hundred fifty (150) persons and not more than five hundred (500) persons;
(iii) The facility is operated by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any community theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation, renovation, refurbishing and maintenance of the facility, and in furtherance of the purposes of the organization; and
(iv) The facility is located in any county having a population of not less than one hundred thirty-four thousand seven hundred (134,700) nor more than one hundred thirty-four thousand eight hundred (134,800), according to the 2000 federal census or any subsequent federal census;
(G) “Community theater” also includes a municipally owned facility possessing each of the following characteristics:
(i) Is a community theater in continuous operation since 1980;
(ii) Has an auditorium with more than three hundred (300) seats;
(iii) Provides or leases facilities for concerts, plays and programs of cultural, civic and education interest; and
(iv) The facility is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
(H) “Community theater” also means a theater possessing each of the following characteristics:
(i) The theater was founded in 1923;
(ii) The theater has a main performance hall with not less than three hundred eighty (380) seats;
(iii) The theater has an auxiliary performance hall with not less than two hundred (200) seats;
(iv) The facility is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and
(v) The theater is located within one thousand feet (1,000′) of the Tennessee River in a city with a population of one hundred sixty-seven thousand six hundred seventy-four (167,674), according to the 2010 federal census or any subsequent federal census;
(I) “Community theater” also means a theater possessing each of the following characteristics:
(i) The theater opened on December 9, 1949;
(ii) The theater originally seated approximately one thousand (1,000) persons in spring-covered chairs;
(iii) The theater reopened in July of 2012, serving as a multifunctional event venue, hosting weddings, concerts, nonprofit events, movies, and musical theatre; and
(iv) The theater is located in a city with a population of not less than twenty-six thousand one hundred ninety (26,190) and not more than twenty-six thousand one hundred ninety-nine (26,199), according to the 2010 and any subsequent federal census;
(J) “Community theater” also means a theater possessing each of the following characteristics:
(i) The theater was opened in 1995;
(ii) The theater’s performance hall has seating for at least one hundred twenty (120) patrons;
(iii) The theater is used for concerts, plays, and programs of cultural, civic, and educational interest;
(iv) The theater is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater; and
(v) The theater is located in a county having a population not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;
(K) “Community theater” also means a theater possessing each of the following characteristics:
(i) The theater began operating in 1965;
(ii) The theater is the only major nonprofit professional performing arts resource in rural Tennessee, and one (1) of the ten (10) largest professional theaters in rural America;
(iii) The theater serves more than one hundred forty-five thousand (145,000) visitors annually with two (2) indoor and two (2) outdoor stages;
(iv) The theater provides young audience productions, a comprehensive dance program, a concert series, and touring shows;
(v) The theater was the recipient of the Governor’s Arts Award for the state of Tennessee in 1984;
(vi) The theater is operated by a nonprofit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the theater is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by the nonprofit corporation must be used for the operation, renovation, refurbishing, and maintenance of the theater, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances, and may be consumed inside any auditorium or performance hall within the theater, or on theater property contiguous to an outdoor performance stage; and
(vii) The theater is located in a city having a population of not less than ten thousand seven hundred ninety (10,790) and not more than ten thousand seven hundred ninety-nine (10,799), according to the 2010 federal census or any subsequent federal census;
(L) “Community theater” also means a theater that:
(i) Operates as a community performing arts and civics center in a city with a population of not less than eighteen thousand six hundred fifty (18,650) and not more than eighteen thousand six hundred fifty-nine (18,659), according to the 2010 or any subsequent federal census;
(ii) Was originally built as a school in 1886;
(iii) Contains an auditorium with a full stage, a proscenium arch, and seating for not less than four hundred (400) persons; and
(iv) Contains conference and meeting rooms and a local history museum;
(M) “Community theater” also means a municipally owned facility that:
(i) Is a historic theater located off West Main Street;
(ii) Has an auditorium with not less than three hundred (300) seats;
(iii) Is used for theatrical performances, musical events, storytelling performances, workshops and conferences, and independent films;
(iv) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
(v) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
(N) “Community theater” also means a facility that:
(i) Is leased long-term by a municipality;
(ii) Contains not less than one hundred thirty (130) seats;
(iii) Is governed by a nonprofit board of directors;
(iv) Is operated under the direction of a municipality’s staff;
(v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
(vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
(O) “Community theater” also means a facility that:
(i) Was established in 1926;
(ii) Is situated in a historic building of approximately ten thousand five hundred square feet (10,500 sq. ft.);
(iii) Operates a movie theater with a capacity for two hundred (200) patrons that serves as a venue for music, movies, live performances, and similar events;
(iv) Operates a restaurant with a seating capacity for fifty (50) patrons;
(v) Is currently being restored into a community event center; and
(vi) Is located in a county with a population of not less than fifty-six thousand three hundred (56,300) and not more than fifty-six thousand four hundred (56,400), according to the 2020 federal census or a subsequent federal census;
(14)
(A) “Convention center” means a facility possessing each of the following characteristics:
(i) Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility;
(ii) Designed and used for the purposes of holding meetings, conventions, trade shows, classes, dances, banquets and various artistic, musical or other cultural events;
(a) A convention center does not include a building located within one thousand (1,000) yards of both a student museum and a zoological park; provided, that any restaurant, located within a former world’s fair site or a zoological park and which meets the requirements of subdivision (31), shall be eligible for licensure under this chapter as long as the requirements of this chapter are otherwise met;
(b) A convention center also does not include a building which is more than twenty (20) years old and is located in any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;
(iii)
(a) Except as provided for in (14)(A)(iii)(b), which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, has a designated, restricted area outside the seating area of any theater within which area the consumption of such alcoholic beverages shall be permitted. The sale of such alcoholic beverages in such facility is limited to no more than one (1) hour and fifteen (15) minutes prior to a meeting, show, performance, reception, or other similar event, and to no later than thirty (30) minutes after such event; and
(b) In a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, or facility owned by a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, has designated an area within or adjacent to any theatre or meeting space, or adjacent to the facility within which area the consumption of alcoholic beverages shall be permitted. Nothing herein shall restrict the ability of a convention center, as defined herein, from adjusting the designated area within or adjacent to its theatre areas, upon adequate prior notice to the commission;
(iv) Located in a municipality having a population in excess of one hundred fifty thousand (150,000) and in a county having a population in excess of two hundred thousand (200,000), or both, according to the 1980 federal census or any subsequent federal census;
(v) A convention center licensed under this subdivision (14)(A) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise shall also be considered a convention center under this subdivision (14)(A);
(B) “Convention center” also means a facility meeting the criteria of subdivision (14)(A)(i) and (ii) and located in a premiere resort city as defined by § 67-6-103(a)(3)(B)(i);
(C) “Convention center” also means a facility possessing each of the following characteristics:
(i) Owned by a county public building authority at the time of development;
(ii) Designed and used for the purposes of attracting conventions, business travelers, tourists and other visitors to promote economic development;
(iii) Located at the intersection of Interstate 24 and Highway 41 near mile marker 114;
(iv) Occupies an area of not less than approximately thirteen thousand five hundred square feet (13,500 sq. ft.); and
(v) Includes a full commercial kitchen to provide meals and catering services;
(D) “Convention center” also means a facility possessing each of the following characteristics:
(i) Is owned by a quasi-governmental development agency;
(ii) Is designed and used for the purposes of attracting conventions, business travelers and tourists to the area and is vital in promoting economic development, fostering community activities, providing training and seminar space for business and industries and in encouraging tourism;
(iii) Is available for community, industry and private events;
(iv) Is the only one of its kind in the area;
(v) Has a seating capacity of approximately three hundred (300) and is fully equipped with tables, chairs, linens, dishware and a catering kitchen;
(vi) Occupies an area of approximately eight thousand five hundred square feet (8,500 sq. ft.) on acreage surrounding Tellico Lake; and
(vii) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census; and
(E) No member or officer, agent or employee of any convention center as defined by this section shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes, malt beverages or any other alcoholic beverage beyond the amount of such salary as may be fixed by its governing body out of the general revenue of the center. All profits from the sale of such alcoholic beverages shall be used for the operation and maintenance of the convention center;
(15) “Country club located on an historic property” means a country club that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
(A) Sits on real property that was formerly the home of the International Printing Pressmen Union;
(B) Has a dining facility; and
(C) Is located adjacent to an eighteen-hole golf course;
(16)
(A) “Festival operator” means a person licensed under this subdivision (16) who is either a for-profit business operating a festival for a period of up to seven (7) days in length in which alcoholic beverages or beer will be sold, given away, or otherwise dispensed or a third party with whom such for-profit business engages to conduct alcoholic beverage or beer sales during such festival;
(B) The commission shall issue a license to a festival operator upon the payment of a fee of one thousand dollars ($1,000) per day of the festival, and the submission of an application on a form prescribed by the commission that provides proof satisfactory of the following information, to the satisfaction of the commission:
(i) The premises on which alcoholic beverages or beer will be served, sold, dispensed, or consumed is sufficiently designated, enclosed, secured, and maintained;
(ii) Adequate security for the festival is provided;
(iii) The number and location of each point of sale in which alcoholic beverages or beer will be served, sold, dispensed, or consumed is specified. If the operator of any such point of sale, including any person or entity that receives any portion of the proceeds of the sale of alcoholic beverages or beer from that point of sale, is different from the festival operator, the name and relevant information of such other operator must be specified on the application to the commission, and the commission may determine that such other operator is required to obtain an additional festival operator license;
(iv) The staff selling, serving, or dispensing alcoholic beverages or beer are adequately trained and supervised in the service of alcoholic beverages and beer and on the applicable laws regarding such service;
(v) The city or county in which, or the state governmental entity responsible for the property on which, the festival is to be held has approved the festival; and
(vi) If the applicant intends to sell, serve, or dispense beer, the applicant has a beer permit issued in accordance with chapter 5 of this title;
(C) No person licensed under this title, operating in conjunction with a festival operator licensee, or performing any activities for which a license is otherwise required under this title, other than a festival operator or special occasion licensee licensed under this section, may provide any service, item, or other thing of value to a festival operator or with respect to a festival operator’s festival, except as may be expressly authorized by the commission. Additionally, no festival operator may receive or accept any item or service that a person under this subdivision (16) is prohibited from providing. All alcoholic beverages used for the festival must be purchased from wholesalers licensed under § 57-3-203. Notwithstanding any law to the contrary, a wholesaler may buy back any unopened and resalable bottles of alcoholic beverages at the end of the festival. A wholesaler shall keep all records, as may be required by the commission, necessary to document the purchase of such products pursuant to this subdivision (16);
(D) All applicable taxes, including the tax levied on the sale of alcoholic beverages for consumption on the premises under § 57-4-301, must be remitted as required by law;
(E) Alcoholic beverages and beer may be sold, given away, dispensed, or consumed only within hours sufficient to ensure adequate public health, safety, and welfare as determined by the commission or local beer board, as applicable;
(F) Notwithstanding any law to the contrary, if the commission finds that any of the requirements of this subdivision (16) have not been, or are not being, met by a festival operator during a festival or after the completion of a festival, or that the festival operator misrepresented information in the person’s application, the commission may use the failure or misrepresentation as the basis to summarily suspend the license of the festival operator, to deny any future applications for a festival operator license for a period of up to two (2) years after the festival in which the failure or misrepresentation occurred, or to issue a fine of up to ten thousand dollars ($10,000) per violation, which disciplinary action must be resolved prior to the issuance of any new festival operator license to the festival operator;
(17)
(A) “Food hall” means a public place:
(i) Kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served;
(ii) With adequate and sanitary kitchens, dining room equipment, and a seating capacity of at least one thousand two hundred (1,200) people at tables, counters, and other places for dining;
(iii) Having a sufficient number and kind of persons to prepare, cook, and serve suitable food for guests; and
(iv) Located in a facility or designated area having the following characteristics upon completion of construction:
(a) The facility has at least ninety thousand square feet (90,000 sq. ft.) in a multi-level mixed-used commercial building which includes restaurants, bars, and a rooftop with a live music venue;
(b) The facility includes at least twenty (20) separate points of sale, contiguous or noncontiguous, that regularly prepare and sell food;
(c) The property that houses the facility is across a public street from a live performance venue that was originally constructed in 1892 as a religious facility;
(d) The property that houses the facility is adjacent to a facility originally constructed in 1925 that houses the Grand Lodge of Free and Accepted Masons of Tennessee; and
(e) The facility is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(B) The premises of a food hall means any or all of the property that constitutes the food hall, except any other separately licensed premises that are located in the food hall. The licensee may operate multiple points of sale with different business names within the food hall. The licensee shall designate the premises and each point of sale to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The points of sale may be noncontiguous within the licensed premises. The entire designated premises is covered under one (1) license issued under this subdivision (17). The licensee does not have to prepare or sell food as a condition of the license;
(C) A licensee licensed as a food hall may grant a franchise for the provision of alcoholic beverages to a person that regularly prepares and sells food on the food hall premises. The holder of the franchise is deemed to be a food hall under this subdivision (17), and such franchisee is not required to obtain its own license; provided, that prior notice must be given to the commission, in such manner as may be prescribed by the commission. The licensee shall pay the commission for each franchisee licensed under this subdivision (17) a six hundred twenty-five dollar ($625) annual privilege tax, which may be prorated for the first year based on the renewal date of the licensee;
(D) A restaurant may be located within the premises of a food hall; provided, that the defined premises of such restaurant may be open for public ingress and egress within the premises of the food hall. Such restaurant may store its inventory of beer and alcoholic beverages on the licensed premises of the restaurant or food hall pursuant to subdivision (17)(G);
(E) Each separate operating entity under the food hall license, whether the licensee or a franchisee, is independently liable for violations committed by such operating entity, and a separate operating entity must not be held liable for the actions of another; provided, that the food hall license must not be renewed until all citations are resolved by an applicable operating entity. The commission may suspend or revoke the authority of a franchisee to operate under the food hall license without the operation of any other franchisee or the licensee under the license being affected. Each operating entity shall provide sufficient information to the commission to where the commission is able to determine which operating entity may be liable in the event of a violation;
(F) A licensee licensed under this subdivision (17) may serve wine, high gravity beer, and beer in its original container, and spirit-based beverages in original containers that do not exceed three hundred seventy-five milliliters (375 ml) and an alcohol content that does not exceed fifteen percent (15%) by volume;
(G) The licensee or any of its franchisees licensed under this subdivision (17) or a restaurant located on the premises of a food hall may store beer and alcoholic beverages in one (1) or more central storage locations in the food hall; provided, that if the restaurant, franchisee, and food hall share the same storage area, the restaurant’s inventory of beer and alcoholic beverages must be stored in a separately locked cage or other storage area. Notwithstanding any other provision in this chapter, the licensee, franchisee, or restaurant may transport beer and alcoholic beverages anywhere in the food hall;
(H) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (17) means for beer permitting purposes any or all of the premises that constitutes the food hall, except any other permitted premises located in the food hall. The permittee may operate multiple points of sale with different business names within the facility, which may be contiguous or noncontiguous. The permittee shall designate the points of sale to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title. The permittee may grant a franchise for the sale of beer on its premises, and the holder of the franchise is not required to obtain its own beer permit; provided, that the franchisee’s premises qualify as an additional point of sale under this subdivision (17). For enforcement purposes, the local beer board shall treat each point of sale in the facility separately for violations of chapter 5 of this title and local beer ordinances. The local beer board shall not cite a point of sale for violations committed by another point of sale within a common licensed area. There is a rebuttable presumption of liability for a specific point of sale for an underage sale or other violation based on the specific type of container, brand of beer or wine, unlabeled or labeled cup or glassware, or logo on the cup or glassware provided to the person or minor. In the absence of a container, glass, or cup identifying the point of sale, the local beer board may determine which point of sale to cite for an underage sale or other violation. If the local beer board is unable to determine the violator after conducting a reasonable investigation, the local beer board may issue a citation to one (1) or more points of sale that share the common licensed area where the violation occurred;
(I) A licensee and franchisee licensed under this subdivision (17) may sell and distribute wine in an unsealed container for consumption on the licensed premises;
(J) The facility, landlord, tenant, or a licensee located in a food hall shall provide periodic security throughout the entire licensed premises; and
(K) A food hall licensee does not have to use labeled cups and glassware, but a franchise authorized under subdivision (17)(C) and a separately licensed restaurant under subdivision (17)(D) must serve alcoholic beverages and beer in compliance with the requirements of § 57-4-101(p); provided, that a sticker identifying the franchisee or licensee, which is reasonably designed to stay affixed to a container, must comply with § 57-4-101(p);
(18)
(A) “Historic inn” means a historic building that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
(i) Was built in 1824 and was formerly the oldest continuously operating inn in Tennessee;
(ii) Was once visited by United States Presidents Andrew Jackson, Andrew Johnson and James K. Polk, all of whom stayed and dined there; and
(iii) Has a dining facility and a total of nine (9) rooms and suites;
(B) “Historic inn” also means a country inn that is located in any county having a population of not less than seventy-one thousand one hundred (71,100) nor more than seventy-one thousand two hundred (71,200), according to the 2000 federal census or any subsequent federal census, and has the following characteristics:
(i) Has been in operation since 1938;
(ii) Is located within one-half (½) mile of the Great Smoky Mountains National Park;
(iii) Has a total of twenty-four (24) guest rooms and a dining facility offering fine dining to guests and other patrons with a seating capacity of no more than sixty (60); and
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(C) “Historic inn” also means an inn that has all of the following characteristics:
(i) Contains at least ten (10) transient guest rooms in the main house;
(ii) Has a separate meeting lodge and facility that also houses at least four (4) transient suites;
(iii) Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
(iv) Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
(v) Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
(vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry;
(vii) Is located in any county having a population of not less than one hundred five thousand eight hundred (105,800) nor more than one hundred five thousand nine hundred (105,900), according to the 2000 federal census or any subsequent federal census; and
(viii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(19)
(A) “Historic interpretive center” means a facility possessing each of the following characteristics:
(i) The center is located in an historic area of town where structures listed on the national register of historic places are located;
(ii) The center operates as a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic interpretive center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of the assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic interpretive center, and in furtherance of the purposes of the organization. Alcoholic beverages may be consumed inside the center at locations designated by the board of the not-for-profit corporation;
(iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, musical concerts, films, receptions, exhibitions, seminars or meetings; and
(iv) The center is located in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
(B) “Historic interpretive center” also means a commercially operated facility owned by a not-for-profit organization possessing each of the following characteristics:
(i) Is located on the Cumberland Plateau, within one (1) mile of a national river and recreation area;
(ii) Offers historic interpretation of Victorian-era British architecture, lifestyle, and settlement on the Cumberland Plateau in the 1880s and thereafter;
(iii) Operates public education programs in multiple historic buildings built from 1880 to 1884, including the oldest unchanged and preserved public library in America;
(iv) Preserves the historic character of a British settlement on the Cumberland Plateau in the 1880s through a board of directors engaged in land acquisition and management, design review of new construction and renovation, and the public enjoyment of period crafts, music, and folklife through the organization of festivals, support for local artists through the sale of arts and crafts in a commissary;
(v) Owns, sells, and develops home sites for construction of design-approved homes;
(vi) Offers overnight accommodations to visitors in historic inn and cottage settings;
(vii) Operates a restaurant serving breakfast, lunch, and dinner to visitors, community residents, guests, and members of the public;
(viii) Attracts thousands of visitors annually from around the world;
(ix) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(x) Is located within any county having a population of not less than nineteen thousand five hundred (19,500) nor more than nineteen thousand seven hundred seventy five (19,775), according to the 2000 federal census or any subsequent federal census;
(C) “Historic interpretive center” also means a facility possessing each of the following characteristics:
(ii) Is located on Martin Luther King Boulevard;
(iii) Provides programs of historical, cultural, civic, and educational interest, including, but not limited to, art exhibitions and musical concerts;
(iv) Is owned by a municipal or county government;
(v) Alcoholic beverages shall only be sold at the center before or during performances; and
(vi) Is located in any county having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;
(D) “Historic interpretive center” also means a facility that:
(i) Is owned by a municipality;
(ii) Is leased to an international storytelling center that is registered as a nonprofit 501(c)(3) organization;
(iii) Has a theater that contains not less than ninety (90) seats;
(iv) Contains two (2) rooms with not less than one hundred (100) seats in each room;
(v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
(vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
(20) “Historic mansion house site” means the buildings and grounds of a historic mansion house, located in any county having a metropolitan form of government, included in the Tennessee register of historic places, and operated by the Association for the Preservation of Tennessee Antiquities, and including Association for the Preservation of Tennessee Antiquities sites owned by this state. “Historic mansion house site” also means the buildings and grounds of an historic mansion house located in any county having a metropolitan form of government which has been conveyed by this state in trust to a board of trustees created and appointed in accordance with §§ 4-13-103 and 4-13-104, and for admission to which reasonable fees are charged as provided in § 4-13-105. This subdivision (20) shall apply only to counties having a population of four hundred fifty thousand (450,000) or greater, according to the 1980 federal census or any subsequent census;
(21)
(A) “Historic performing arts center” means a facility possessing each of the following characteristics:
(i) The center is located in a restored theater that is at least fifty (50) years old and listed on the national register of historic places;
(ii) The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center;
(iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings; and
(iv) The center is located in any county having a population of:
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not less than
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nor more than
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143,900
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144,000
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300,000
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400,000
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700,000
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according to the 1980 federal census or any subsequent federal census;
(B) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(i) The center is located in a restored theater or music hall that is at least fifty (50) years old and listed on the national register of historic places;
(ii) The center is operated by a for-profit organization, or a not-for-profit organization that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, and where no member, officer, agent or employee of the not-for-profit organization receives any incentive compensation relating directly to the sale of alcoholic beverages beyond the amount of such salary and other compensation as may be fixed by the not-for-profit organization’s governing body for the reasonable performance of such member’s, officer’s, agent’s or employee’s assigned duties. A portion of the profits from the sale of alcoholic beverages at the center shall be used for the operation, renovation, refurbishing or general maintenance of the center. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (21)(B). Alcoholic beverages and beer may be stored, sold, and consumed in any interior area on the premises, and in any contiguous or non-contiguous exterior area on the premises designated by temporary or permanent barriers and signage. The licensee must adhere to the following license fee schedule relative to on-premise consumption of alcoholic beverages:
(a) The licensee must pay the appropriate license fee assessed for historic performing arts centers under § 57-4-301(b)(1)(D); and
(b) The premises of a facility licensed under this subdivision (21)(B) that maintains a restaurant that is physically separate from the music hall, with its own kitchen, menu of prepared food, and patron seating, must also pay the appropriate restaurant license fee pursuant to § 57-4-301(b)(1)(R) to serve alcoholic beverages; provided, however, that such facility applying for a renewal of its license under this subdivision (21)(B) must pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from prepared food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
(iii) The center provides facilities for programs of cultural, civic, and educational interest, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars or meetings;
(iv) The center is located in any county having a population in excess of five hundred thousand (500,000), which has a metropolitan form of government;
(v) The center was originally constructed in 1892 as a religious facility;
(vi) The center is approximately one thousand two hundred fifty feet (1,250′) southwest of a public park that is adjacent to a navigable waterway; and
(vii) The center is approximately seven hundred twenty-five feet (725′) northwest of a public park that contains a walkway recognizing professionals in the music industry;
(C) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(ii) Is on the national register of historic places;
(iii) Is located on Broad Street;
(iv) Provides programs of cultural, civic, and educational interest, including, but not limited to, operas and musical concerts;
(v) Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances; and
(vi) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(D) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(ii) Was originally designed as a municipal auditorium and all-purpose exhibition hall;
(iii) Is located on McCallie Avenue;
(iv) Is owned by a municipal or county government, or nonprofit, tax exempt, charitable organization. Alcoholic beverages shall only be sold at the center before, during or after performances;
(v) Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and
(vi) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(E) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(i) Is on the national register of historic places;
(iii) Is located on Main Street;
(iv) Is an entertainment venue for live performances, movies and other events. Alcoholic beverages shall only be sold at the center before, during or after the performances, movies or other events; and
(v) Is located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
(F) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(ii) Is on the national register of historic places;
(iii) Is maintained by a not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended;
(iv) Has an auditorium that seats more than seven hundred fifty (750) people;
(v) Provides programs of cultural, civic, and educational interest, including, but not limited to, stage plays and musical concerts; and
(vi) Is located in any county having a population of not less than one hundred fifty-three thousand (153,000) nor more than one hundred fifty-three thousand one hundred (153,100), according to the 2000 federal census or any subsequent federal census;
(G) “Historic performing arts center” also means a facility possessing each of the following characteristics:
(i) The center:
(a) Is located adjacent to a restored theater that is at least fifty (50) years old and listed on the national register of historic places; and
(b) Shares a plaza with such restored theater;
(ii) The center is operated by a for-profit corporation, or not-for-profit corporation which is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member or officer, agent or employee of any historic performing arts center shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of alcoholic beverages beyond the amount of such salary as may be fixed by its governing body for the reasonable performance of their assigned duties. All profits from the sale of alcoholic beverages by a not-for-profit corporation shall be used for the operation and maintenance of the historic performing arts center, and in furtherance of the purposes of the organization. All profits from the sale of alcoholic beverages by a for-profit corporation shall be used for the operation, renovation, refurbishing, and maintenance of the center. Alcoholic beverages may be sold before, during, and after events or during intermissions in such events;
(iii) The center provides facilities for programs of cultural, civic, and educational interest to further the mission of the for-profit or not-for-profit corporation, including, but not limited to, stage plays, musical concerts, films, dance performances, receptions, exhibitions, seminars, or meetings; and
(iv) The center is located in a county having a population of more than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
(H)
(i) “Historic performing arts center” also means a facility that:
(a) Is operated by a not-for-profit corporation that is exempt from taxation under § 501(c) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)), as amended, where no member, officer, agent, or employee of the center is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond the amount of the salary as may be fixed by its governing body for the reasonable performance of the person’s assigned duties. All profits from the sale of alcoholic beverages by the not-for-profit corporation must be used for the operation, renovation, refurbishing, and maintenance of the center, and in furtherance of the purposes of the organization. Alcoholic beverages may be sold before, during, and after performances and events, and may be consumed inside any auditorium or performance hall within the center;
(b) Executes contracts with professional actors for performances;
(c) Hosts a film series of classic films and new releases;
(d) Operates a school of the arts educational program;
(e) Rents out the facilities to third parties as a venue for performing arts, civic and cultural groups, weddings, and similar events; and
(f) Is located in a city with a population of not less than one hundred thirty-two thousand nine hundred twenty (132,920) and not more than one hundred thirty-two thousand nine hundred twenty-nine (132,929), according to the 2010 or any subsequent federal census;
(ii) The premises of a center licensed under this subdivision (21)(H) means any or all of the property that constitutes the center. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing, including for purposes of relocating the center to a new facility. The designated premises may only include property owned or leased by the center and that is contiguous to the property of the center that is defined in this subdivision (21)(H). The entire designated premises is covered under one (1) license issued under this subdivision (21)(H); and
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a center licensed under this subdivision (21)(H) means, for beer permitting purposes, any or all of the property that constitutes the center. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing, including for purposes of relocating the center to a new facility. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
(I) “Historic performing arts center” also means a facility that:
(i) Is owned and operated by a municipality;
(ii) Serves as a comprehensive art center with classes, art shows, and performances;
(iii) Seats not less than two hundred (200) persons on a flat floor;
(iv) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
(v) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
(J) “Historic performing arts center” also means a facility that:
(i) Is owned by a municipality;
(ii) Has an auditorium that contains not less than two hundred fifty (250) seats;
(iii) Serves as an information source for visitors;
(iv) Is located in the municipality’s historic district;
(v) Is located in a municipality having a population of not less than five thousand fifty (5,050) nor more than five thousand fifty-nine (5,059), according to the 2010 federal census or any subsequent federal census; and
(vi) Is located in a county having a population of not less than one hundred twenty-two thousand nine hundred (122,900) nor more than one hundred twenty-three thousand (123,000), according to the 2010 federal census or any subsequent federal census;
(22)
(A) “Hotel” (Motel) means every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or residential, in which twenty (20) or more rooms are used for the sleeping accommodations of such guests and having one (1) or more public dining rooms, with adequate and sanitary kitchen and a seating capacity of at least fifty (50) at tables, where meals are regularly served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the hotel operation. Motels meeting the qualifications set out herein for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of a restaurant on their premises and the holder of such franchise shall be included in the definition of “hotel” hereunder; and property contiguous to a hotel, except property located in any county having a population of not less than seventy-seven thousand seven hundred fifty (77,750) nor more than seventy-seven thousand seven hundred ninety (77,790), according to the 1980 federal census or any subsequent federal census, which is owned by the same entity as the hotel and operated by the same entity as the hotel, which property either serves travelers and guests other than as a separate commercial establishment or is operated as a major entertainment complex serving in excess of one million (1,000,000) persons per year;
(B) “Hotel” also means and includes all entities previously described wherein sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which thirty (30) or more suites are used for sleeping accommodations of such guests and having eating facilities in each room for four (4) or more persons with an adequate and sanitary central kitchen from which meals are regularly prepared and served to guests in such suites. For the purpose of this section, “suite” is defined as a guest facility within a hotel where living, sleeping and dining are regularly provided for such guests within the individual units provided for guests. No such hotel or suite as defined in this subdivision (22)(B) shall be authorized to charge for, inhibit or otherwise interfere in any way with the rights of its guests or tenants to carry into rooms or suites rented by them their own bottles, packages or other containers of alcoholic beverages and/or to use or serve them to themselves, their own visitors or guests within the individual units rented or leased by them;
(C) “Hotel” also includes facilities owned and operated by an individual or event-management organization which plans and coordinates all phases of any function for retreats by groups of persons having similar backgrounds or purposes, and which offers meeting and banquet facilities, dining services, recreation and leisure activities in facilities which include a dining inn with seating capacity of three hundred (300), and a complex which includes meeting and banquet facilities with a seating capacity of two hundred (200), overnight accommodations for at least forty (40), and a fifty (50) acre tract of land with picnic accommodations for at least four thousand (4,000), and a facility with seating capacity of four hundred (400). The scope of any license authorized by this subdivision (22)(C) includes picnic service on the grounds of the complex owned and operated by the licensee;
(D) “Hotel” also includes a residence hotel located in the central business district of any municipality having a population of more than three hundred thousand (300,000), according to the 1990 federal census or any subsequent federal census and having a common smoking room and lobby area;
(E)
(i) “Hotel” also includes a bed and breakfast establishment as defined in § 68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. The premises upon which such establishment is located shall be within the boundaries of a clearly defined arts district which is owned and operated by the same entity and having a common courtyard which is contiguous to all buildings and structures on the premises. The dining facilities, including beverages, may be served from an adequate and sanitary central kitchen and storage facility;
(ii) This subdivision (22)(E) applies in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census;
(F)
(i) “Hotel” also includes a bed and breakfast establishment as defined in § 68-14-502, where meals are regularly served to guests and where sleeping accommodations and dining facilities being conducted in the same buildings or structures used in connection therewith are on the same premises and are part of the hotel operation. In such establishment there must be two (2) rooms for sleeping accommodations and a seating capacity of twenty-five (25) people at tables. The premises upon which such establishment is located shall have a business conference center;
(ii) Subdivision (22)(F)(i) applies in any county having a population of not less than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census;
(iii) “Hotel” also includes a facility located in a county which contains a population of not less than eighty-five thousand nine hundred (85,900) nor more than eighty-six thousand one hundred sixty (86,160), according to the 1990 federal census or any subsequent census, which facility contains the following characteristics:
(a) Contains at least forty (40) rooms for guest sleeping accommodations offered for adequate pay to travelers and guests;
(b) Contains at least three (3) separate dining rooms with adequate sanitary kitchen facilities, either common or separate, where meals are regularly served to guests;
(c) Is located on real property of at least one thousand fifty (1,050) acres, notwithstanding that such real property is not contiguous and may be divided by a public or private road;
(d) Contains a swimming pool, hiking trails, and biking trails for use by registered guests;
(e) Has access to the Double Branch Creek and tributaries, notwithstanding that such creek and tributaries are not contiguous and may be divided by a public or private road;
(f) Has at least two thousand seven hundred sixteen (2,716) acres of land that has been placed in conservation easement;
(g) Provides a full service spa for use by registered guests of the facility;
(h) Any such hotel whose facilities are located on the premises of an area meeting the definition of a hotel under this subdivision (22)(F)(iii) may exercise the privileges authorized under this chapter anywhere within that area, and, in addition, may exercise the privilege authorized under this chapter on any location identified to the commission and held out to the public as part of such hotel property irrespective of the actual owner of the location, where the hotel is authorized by written contract or lease to provide hotel or resort services by the owner of such location; and
(i) Notwithstanding this title or any rule to the contrary, a hotel under this subdivision (22)(F)(iii) shall be able to:
(1) Hold a manufacturer‘s license under § 57-3-202 or a nonmanufacturer nonresident seller’s permit under § 57-3-602(c) or both, and such license or permit may be for facilities on or off the hotel premises;
(2) Offer tastings, with or without charge, and sell sealed bottles in a tasting room or a gift shop on the hotel premises of product manufactured pursuant to the license or permit in subdivision (22)(F)(iii)(i)(1), as long as such tastings and sealed bottles are offered only to guests of the hotel, as defined in this section, and private owners of homes on the hotel property and are not offered anywhere except in the tasting room and the gift shops;
(3) Sell beer and alcoholic beverages by the drink for on-premises consumption anywhere on the hotel premises, except for the tasting room and the gift shops; and
(4) Only sell at retail or provide samples of product that it has obtained from a wholesaler licensed under § 57-3-203, and such wholesaler shall remit all taxes imposed under §§ 57-3-302 and 57-3-501, which shall be collected from the hotel based upon its retail sales, and § 57-6-201. For products acquired from a wholesaler by a hotel under this subdivision (22)(F)(iii) that are manufactured by the hotel, the wholesaler may permit the hotel to deliver its products to the location on its premises where such retail sales and samples will be effected, provided the wholesaler permitting such direct shipment must include the amounts delivered in its inventory and depletions for purposes of tax collections;
(j) A hotel under this subdivision (22)(F)(iii) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
(G)
(i) “Hotel” also includes a facility that possesses the following characteristics:
(b) Is listed on the National Register of Historic Places;
(c) Has at least twelve (12) rooms for guest sleeping accommodations with at least one (1) room being handicap accessible;
(d) Has a dining area that seats at least one hundred sixty (160) people;
(e) Has a music and entertainment venue that is at least two thousand nine hundred square feet (2,900 sq. ft.);
(f) Has a two-acre meadow suitable for wedding ceremonies and other events; and
(g) Is located in any county having a population of not less than thirty-seven thousand five hundred (37,500) nor more than thirty-seven thousand six hundred (37,600), according to the 2000 federal census or any subsequent federal census.
(ii) A hotel under this subdivision (22)(G) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
(H)
(i) “Hotel” also means a facility that possesses all of the following characteristics:
(a) Offers to the public:
(1) At least thirty (30) rooms for the sleeping accommodations of guests for adequate pay; and
(b) Is owned by and located on the campus of a private institution of higher education located on at least ten thousand (10,000) acres; and
(c) Is located in any county having a population of not less than thirty-nine thousand two hundred (39,200) nor more than thirty-nine thousand three hundred (39,300), according to the 2000 federal census or any subsequent federal census;
(ii) A hotel under this subdivision (22)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
(I)
(i) “Hotel” also includes a facility that possesses the following characteristics:
(a) Is located in a building on which construction began prior to 1940;
(b) Is located approximately twenty-two (22) miles south of Interstate 40 on U.S. Highway 412;
(c) Is fronted on the north side by U.S. Highway 412 and is less than one (1) mile from a scenic river as defined in title 11, chapter 13;
(d) Has at least twelve (12) rooms for guest sleeping accommodations;
(e) Has a separate room for conferences or meetings;
(f) Has at least a forty-seat dining area that has been approved by the local health department and that serves meals at least four (4) days a week, with exceptions of closures for private groups or events, seasonal closures, vacations, and periods of general maintenance or remodeling by the owners;
(g) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(h) Is located in any county having a population of not less than seven thousand nine hundred one (7,901) nor more than eight thousand (8,000), according to the 2010 federal census or any subsequent federal census;
(ii) A hotel under this subdivision (22)(I) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
(23) “Limited service restaurant” means a facility possessing each of the following characteristics:
(A) Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:
(i) Alcoholic beverages, beer or wine are served to patrons;
(ii) A menu of prepared food is made available to patrons;
(iii) The gross revenue from the sale of prepared food is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages; provided, however, that gross revenue of more than fifty percent (50%) from the sale of prepared food shall not prevent a facility from receiving a “limited service restaurant” license or subject such facility to a fine from the commission for having gross revenue of more than fifty percent (50%) from the sale of prepared food. For purposes of determining the gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts and similar snack items shall not be included in gross revenue from the sale of prepared food sold;
(iv) The facility affirmatively establishes, to the satisfaction of the commission, that it has complied and will comply with the requirements of § 57-4-204;
(v) The facility provides adequate security during the regular hours of operation; and
(vi) Sleeping accommodations are not provided;
(B) Is located within the jurisdictional boundaries of a political subdivision which has authorized the sale of alcoholic beverages for consumption on the premises as provided in § 57-4-103; and
(C) Is located in an area which is properly zoned for facilities authorized to sell alcoholic beverages for consumption on the premises;
(24)
(A) “Motor speedway” means a motor sports facility that possesses the following characteristics:
(i) Is located in a county having a population of not less than sixty-seven thousand six hundred (67,600) nor more than sixty-seven thousand nine hundred (67,900), according to the 1990 federal census or any subsequent federal census, and at least one (1) municipality located in such county has adopted liquor by the drink;
(ii) Contains a 1.33 mile superspeedway;
(iii) Is situated on a site of at least five hundred (500) acres; and
(iv) Has a seating capacity of fifty thousand (50,000) with the capability to expand to one hundred fifty thousand (150,000) grandstand seats and one hundred (100) luxury skyboxes;
(B) “Motor speedway” also means a motor sports facility that possesses the following characteristics:
(i) Is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
(ii) Contains a three-quarter-mile oval track with a seating capacity of sixteen thousand (16,000) seats; and
(iii) Contains a one-quarter-mile drag strip with a seating capacity of fifteen thousand (15,000) seats;
(25)
(A) “Museum” means a building or institution serving as a repository of natural, scientific or literary curiosities or works of art for public display and further possesses the following characteristics:
(i) The museum is at least fifty (50) years old; and
(ii) The museum is located in a county having a population in excess of eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
(B) “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
(i) The art museum is owned and operated by a bona fide charitable or nonprofit organization which has been in existence for at least twenty-five (25) years;
(ii) The art museum is located in a building which contains not less than fifty thousand square feet (50,000 sq. ft.); and
(iii) The art museum is located in a former world’s fair site;
(C) “Museum” also means a building or institution serving as a repository or exhibition facility for works of art for public display and further possesses the following characteristics:
(i) The museum is owned and operated by a bona fide charitable or nonprofit organization;
(ii) The museum is located in a building which contains not less than one hundred thousand square feet (100,000 sq. ft.);
(iii) The museum is located in a building that previously served as a United States postal service facility; and
(iv) The museum is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(D) “Museum” also means a building or institution serving as a tribute to soul music and which houses a music academy and further possesses the following characteristics:
(i) The museum and music academy is located on the original site of a recording studio; and
(ii) The museum and music academy is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
(E) “Museum” also means an “art museum” which is a building or institution serving as a repository of works of art for public display and further possesses the following characteristics:
(i) The art museum is owned and operated by a bona fide charitable or nonprofit organization;
(ii) The museum has been in existence for at least fifty (50) years;
(iii) The museum focuses on American art from the colonial period to the present day;
(iv) The museum is located in a historical mansion and a sleek contemporary building on the bluffs overlooking the Tennessee River;
(v) The museum does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) The museum is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(F) “Museum” also means a building or institution dedicated to the public display, preservation, and promotion of fine metalwork and further possesses the following characteristics:
(i) The museum opened to the public in 1979;
(ii) The museum is located on at least three (3) acres overlooking the Mississippi River;
(iii) The museum features a fully operational blacksmith shop and sand-casting foundry;
(iv) The museum is owned and operated by a bona fide charitable or nonprofit organization; and
(v) The museum is located in a county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
(G) Means an institution:
(i) Dedicated to the life, achievements, and music of Glen Campbell;
(ii) That contains a production space and live event venue with a capacity of approximately one hundred eighty (180) patrons; a seating maximum of approximately one hundred (100) persons; a built-in sing-a-long booth; and a state-of-the-art lighting and sound system;
(iii) That contains a rooftop entertainment venue;
(iv) That contains customizable LED boards that are visible from the exterior of the building;
(v) That hosts private events and tours; and
(vi) That is located in a county with a metropolitan form of government and a population of more than five hundred thousand (500,000), according to the 2010 or any subsequent federal census;
(26)
(A) “Paddlewheel steamboat company” means a company that operates one (1) or more paddlewheel steamboats for hire in interstate commerce upon navigable waterways and is licensed by the United States coast guard to carry not less than one hundred (100) passengers on a single vessel, with adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state; provided, however, that no paddlewheel steamboat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such paddlewheel steamboat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to § 57-4-103;
(B)
(i) “Paddlewheel steamboat company” includes a paddlewheel steamboat company that possesses the following characteristics:
(a) Has its principal dock located on the Cumberland River at Pennington Bend;
(b) Is approximately two thousand five hundred feet (2,500′) southwest of a resort and convention center, which has indoor gardens, an indoor/outdoor water attraction, at least two thousand eight hundred (2,800) rooms, and six hundred forty thousand square feet (640,000′) of meeting space; and
(c) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any paddlewheel steamboat company licensed under this subdivision (26)(B) means any or all of the paddlewheel steamboat and the property at its principal dock. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (26)(B);
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (26)(B) means, for beer permitting purposes, any or all of the paddlewheel steamboat and the property at its principal dock. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
(iv) Any facility licensed under this subdivision (26)(B) may seek an additional license as a caterer under subdivision (6);
(v) Any facility licensed under this subdivision (26)(B) may hold any of the licenses authorized under this subdivision (26)(B) and may grant a franchise to one (1) or more entities for any or all such licenses;
(27) “Passenger train” includes any passenger train operating in interstate commerce under a certificate of public convenience and necessity issued by the appropriate federal or state agency, with adequate facilities and equipment for serving passengers, on regular or special schedules, or charter trips, while moving through any county of the state, but not while any such passenger train is stopped in a county or municipality that has not legalized such sales;
(28) A “premier type tourist resort” means:
(A) A commercially operated recreational facility possessing each of the following characteristics:
(i) Ownership and operation by a profit type corporation having a capitalization of not less than ten million dollars ($10,000,000);
(ii) Situated in a geographical area wholly controlled by the operator of the facility and having not less than six thousand (6,000) acres of contiguous land, not less than five thousand (5,000) acres of which is to be developed and maintained in accordance with sound ecological and environmental practices, such requirement to be subject at all times to the oversight and approval of the department of environment and conservation, which shall not less often than once a year make a written report thereof to the commission. Satisfactory compliance with this requirement and certification thereof by the department to the commission shall be a condition precedent to the issuance or renewal of the permit provided for in § 57-4-201;
(iii) Continuous maintenance of lodging accommodations consisting of not less than two hundred (200) hotel or motel rooms in a building or buildings designed for such purpose;
(iv) Continuous maintenance of facilities for the accommodation of conventions of not less than four hundred (400) persons;
(v) Maintenance within the recreational area of at least one (1) of the following types of sporting facilities:
(a) A golf course of at least eighteen (18) holes;
(b) A lake covering not less than one hundred (100) acres adapted for boating and fishing;
(vi) Maintenance, in addition to one (1) or more of the facilities enumerated in subdivision (28)(A)(v), of two (2) or more of the following types of recreational facilities:
(d) Trails for hiking and/or horseback riding;
(vii) A twenty-four-hour per day security force approved as to adequacy by the commission;
(B) A hotel, motel or restaurant located within a municipality having a population of one thousand (1,000) or more persons, according to the federal census of 1970 or any subsequent federal census in which at least fifty percent (50%) of the assessed valuation (as shown by the tax assessment rolls or books of the municipality) of the real estate in the municipality consists of hotels, motels, and tourist courts accommodations, providing the voters of the municipality have heretofore by referendum pursuant to § 57-4-103, approved the sale of alcoholic beverages for consumption on the premises, and such referendum shall be authorized, notwithstanding the population requirements set forth in § 57-3-106. For purposes of implementation of this subdivision (28)(B), the sale of alcoholic beverages shall be limited to hotels, restaurants, and clubs as defined in this section. To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (28)(B) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
(C)
(i) A commercially operated recreational facility containing all of the following characteristics:
(a) Ownership and operation by a profit type corporation or partnership;
(b) Situated in a geographical area controlled by the operator of the facility, having not less than two thousand five hundred (2,500) acres of land;
(c) Continuous maintenance of lodging accommodations consisting of not less than one hundred (100) hotel or motel rooms in a building or buildings designed for such purpose;
(d) The maintenance of a ski slope with necessary lifts or tows for use during skiing season;
(e) Continuous maintenance of restaurant facilities for seating at tables of not less than two hundred (200) persons, with adequate kitchen facilities; and
(f) Located within a municipality with a population of not less than one thousand fifty (1,050) nor more than one thousand seventy-five (1,075), according to the 1980 or any subsequent census;
(ii) To ensure proper control and development of the tourist industry of such municipality, any applicant for a license under this subdivision (28)(C) shall first obtain approval from a majority of the legislative body of the municipality, which may adopt rules and regulations governing its procedure and setting forth limitations and restrictions including, but not limited to, the number and location of licensed establishments and requiring approval by the legislative body as to the good moral character of each applicant for a license;
(D) A commercially operated facility possessing each of the following characteristics:
(i) Situated in a geographical area controlled by the operator of the facility, having not less than one hundred seventy-nine (179) acres of land;
(ii) A public golf course of at least eighteen (18) holes with a practice green and irrigation system;
(iii) Such facility has a club house with at least five thousand square feet (5,000 sq. ft.) that can accommodate up to two hundred fifty (250) guests for events;
(iv) Has separate meeting rooms for multiple events;
(v) Has a cart barn on the property that holds no less than sixty (60) golf carts;
(vi) Such facility has a maintenance shop with at least seven thousand square feet (7,000 sq. ft.);
(vii) Is located inside of:
(a) A black bear habitat community; and
(b) A conservation community;
(viii) Surrounded by over one hundred (100) rental cabins;
(ix) At least fifty percent (50%) of the property boundaries border a national park;
(x) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(xi) Is located in any county having a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100) according to the 2010 federal census or any subsequent federal census;
(E) A commercially operated recreational facility containing all of the following characteristics:
(i) Ownership and operation by a for-profit corporation or partnership;
(ii) Located in a geographic area managed by the operator of the facility, containing a minimum area of one hundred fifty (150) contiguous acres;
(iii) Continuous maintenance of lodging accommodations of not less than fifty (50) rooms available for guests, tourists or for business meetings located in a building or buildings designed for accommodations or business meetings;
(iv) Maintenance of lakeside marina facilities, a golf course of not less than eighteen (18) holes, and riding trails and stables on the premises;
(v) Located within a municipality with a population of not less than six thousand three hundred seventy-five (6,375) nor more than six thousand four hundred (6,400), according to the 1980 or any subsequent federal census; and
(vi) Whose manager shall have been specifically approved by a majority of the legislative body of the municipality in which such licensee is located as being an individual of good moral character;
(F) A facility, whether open to the public or limited to members and guests of the development on which it is located, owned or operated, pursuant to a license by a homeowners or residential association, which facility is kept, used and maintained as a place where meals are served and where meals are actually and regularly served, with adequate and sanitary kitchen facilities and which facility meets all of the following characteristics:
(i) The facility must be located in a county having a population of not less than forty-seven thousand (47,000) nor more than forty-seven thousand five hundred (47,500), according to the 1990 federal census or any subsequent federal census;
(ii) The facility must be located on the premises of a planned, gated residential development of at least eighty (80) acres with at least nine thousand (9,000) lineal feet of water frontage on an established and designated navigable waterway; and
(iii) The facility must be located within the limits of a development which contains a marina and tennis court facilities;
(G) A club, either for profit or not for profit, which has been in existence for two (2) consecutive years during which time it has maintained a membership of at least three thousand (3,000) members and which maintains club facilities on or adjacent to property offering recreational services available to its members, which services shall include one (1) or more of the following:
(i) Golf course with at least eighteen (18) holes;
(iii) Marina facilities with a minimum of four hundred (400) slips.
Any such club whose club facilities are located on the premises of an area meeting the definition of a “premier type tourist resort” under this section may exercise its privileges authorized under this chapter anywhere within such area;
(H) A commercially operated recreational facility, whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all of the following characteristics:
(i) The facility must be located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand seven hundred sixty (34,760), according to the 1990 federal census or any subsequent federal census;
(ii) The facility must be located in a development containing no less than four hundred twenty (420) acres and no more than four hundred fifty (450) acres;
(iii) The facility must be located within limits of a development which contains an eighteen-hole golf course;
(iv) The facility must have no less than five thousand (5,000) enclosed square feet (5,000 sq. ft.);
(v) The facility must be located no less than one-half (½) mile from the right-of-way of an interstate highway; and
(vi) The facility must be located within the limits of a development which contains a lake of not less than twenty-eight (28) acres which is entirely within the limits of the development;
(I) A commercially operated recreational facility possessing each of the following characteristics:
(i)
(a) Ownership and development by a for profit corporation;
(b) Situated in a geographic area controlled by such entity and having not less than twenty-five (25) contiguous acres of land which is divided by a four-lane highway;
(c) Designed to contain picnic facilities, museum buildings, retail sales areas, retail food dispensing outlets, and restaurant areas;
(d) Maintenance of a limited access area containing a former residence, a swimming pool, a handball court, and stables where no pedestrian access is allowed and all guests entering must be carried by a motor vehicle; and
(e) Location within a county having a population of not less than seven hundred seventy thousand (770,000), according to the 1990 federal census or any subsequent federal census;
(ii) “Premier type tourist resort,” as defined in this subdivision (28)(I), shall be authorized to sell or serve alcoholic beverages on the premises of such resort only at special functions, wherein attendance is limited to invited guests or groups and not to the general public;
(J) An entity operating a commercial golf related recreational facility, whether open to the public or limited to members and guests of an association or owners and guests of a development upon or adjacent to which the facility is located, which entity or facility meets all of the following criteria:
(i) The facility is located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand eight hundred (34,800), according to the 1990 federal census or any subsequent federal census;
(ii) The facility is operated in conjunction with an eighteen (18) hole golf course;
(iii) The facility is kept, used and maintained as a place where meals are actually and regularly served with such adequate and sanitary kitchen facilities as might be needed to meet the reasonable requirements of its patrons, members, or guests;
(iv) The entity does not discriminate or limit the use of the facilities solely on the basis of race, creed, sex, or national origin, and has provided to the commission a written certification of its policy;
(v) Such facility has enclosed clubhouse space of at least five thousand square feet (5,000 sq. ft.);
(vi) Such facility is located no less than seven (7) miles and no more than eight (8) miles from an interchange of an interstate highway; and
(vii) Such facility is located on a geographic area, owned or operated by the entity, which area contains not less than one hundred fifty-five (155) acres nor more than one hundred seventy (170) acres;
(K) A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is regularly kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
(i) The facility must be located in or adjacent to a real estate development containing no less than one thousand one hundred (1,100) acres and no more than two thousand (2,000) acres;
(ii) The facility must have no less than nine thousand (9,000) enclosed square feet;
(iii) The facility must be located within the limits of a development which is contiguous to a water reservoir operated and maintained by the United States army corps of engineers during 1998 or any subsequent years; and
(iv) Maintenance within the recreational area of the following types of recreational facilities:
(a) Golf course of at least eighteen (18) holes;
(L) A resort containing all of the following characteristics:
(i) Has a restaurant, with a current overall seating capacity of two hundred eighty (280), including outside dining service, and which serves over seventy-five thousand (75,000) patrons per year;
(ii) Is located immediately adjacent to the Cherokee National Forest, the only national forest in Tennessee and the Cherohala Skyway, one of only twenty (20) highways in the country designated as a national scenic byway;
(iii) Is located along the scenic Tellico River, a tributary of the Little Tennessee River;
(iv) Currently operates nine (9) cabins, a river walk, and an open-air chapel and pavilion;
(v) After a proposed expansion will include at least thirty (30) cottages, a full-service health and wellness spa, a championship golf course, racquet club, adventure club for canoeing, kayaking, hiking, biking and other outdoor activities, an equestrian club, conference facilities, a hunt and fish club, crafts and education, and history tours; and
(vi) Is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor greater than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
(M) A commercially or privately operated recreational facility containing all of the following characteristics:
(i) The facility is located within a platted housing subdivision of not less than four hundred (400) acres nor greater than five hundred twenty-five (525) acres;
(ii) The facility is located on or adjacent to an eighteen-hole golf course located within the development;
(iii) The facility is located within a development that operates a recreational swimming pool of at least sixty thousand gallons (60,000 gals.);
(iv) The facility operates and maintains tennis courts for use by homeowners, visitors, tourists, or guests;
(v) The facility operates a clubhouse for the use of homeowners, visitors, tourists, or guests of at least five thousand total square feet (5,000 sq. ft.) and the clubhouse houses a restaurant with seating at tables for at least forty (40) people and such restaurant has adequate kitchen facilities;
(vi) The facility is located within a county with a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census; and
(vii) The facility shall have been providing some or all of the described recreational services for a continuous period of at least four (4) years at the time of licensing;
(N) A commercially operated recreational facility, located adjacent to a navigational river which contains all of the following characteristics:
(i) Such facility has direct access to a navigable waterway;
(ii) Such facility contains a minimum of two hundred (200) slips for boats;
(iii) Such facility provides boat fuel, boat rental and repair;
(iv) Such facility is located upon or adjacent to a public park or preserve, which park is at least one hundred (100) acres in size, and which park contains a swimming pool, tennis courts and at least a nine (9) hole golf course; and
(v) Such facility is located within a county with a population of at least three hundred eighty thousand (380,000), according to the 2000 federal census or any subsequent federal census;
(O) An entity granted a franchise for the operation of a restaurant or food and beverage services on the premises of the premier type tourist resort, and for such purposes a premier type tourist resort shall have the privilege of granting such franchises;
(P) A commercially operated facility which contains all of the following characteristics:
(i) Such facility was licensed as a health club on December 31, 2015;
(ii) Such facility only allows members and their invited guests;
(iii) Such facility has two (2) swimming pools with one pool having at least fifteen thousand square feet (15,000 sq. ft.) of water surface;
(iv) Such facility provides volleyball courts, a basketball court and a recreation area with food service;
(v) Such facility is located within fifteen (15) miles of an airport;
(vi) Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Such facility is located within a county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eight-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
(Q) A commercially operated facility which contains all of the following characteristics:
(i) Such facility is located no more than three and one-half (3 ½) miles from the right of way of Interstate 40 and fronting on State Highway 92 and has a minimum of eight (8) acres of lake front property with a minimum of five thousand eight hundred feet (5,800′) of shore line;
(ii) Such facility has at least eighty (80) boat slips and forty-eight (48) dry slips, a boat launching ramp, a full service restaurant seating at least one hundred seventy-five (175) people inside with outside patio dining, a ships store offering boat supplies and gasoline, and an outdoor pavilion;
(iii) Such facility provides accommodations consisting of at least twenty (20) lakeside hotel/motel units in a building or buildings designed for such purposes;
(iv) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census; and
(v) Such facility shall also include any commercial boat for charter that departs from any such facility if the boat is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel and has adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state;
(R) A commercially operated facility which at a minimum contains all of the following characteristics:
(i) Such facility is located within one (1) mile of the right-of-way of Interstate 40 and in an area zoned by the municipality as B-3; and
(ii) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census;
(S) A commercially operated facility which contains all of the following characteristics:
(i) Such facility is located no more than one-half (½) mile from the right of way of Interstate 75 and accessible to State Highway 68;
(ii) Such facility has at least nine thousand square feet (9,000 sq. ft.) of conference space;
(iii) Such facility provides accommodations consisting of at least one hundred twenty-five (125) hotel or motel rooms in a building or buildings designed for such purposes;
(iv) Such facility provides recreational facilities including an indoor swimming pool;
(v) Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Such facility is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
(T) A nine-hundred-sixty-acre peninsula gated community located on a lake with ten (10) miles of shoreline, and which facility contains all of the following characteristics:
(i) Has an eighteen-hole golf course and tennis courts;
(ii) Has a club house, restaurant, lounge, fitness center, and swimming pool;
(iii) Maintains a community garden, community and neighborhood docks and a boat ramp;
(iv) Has an equestrian facility with extensive riding trails;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Is located in two (2) counties one (1) county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000) and the other county having a population of not less than thirty-nine thousand fifty (39,050), nor more than thirty-nine thousand one hundred fifty (39,150), both according to the 2000 federal census or any subsequent federal census;
(U) A facility which contains all the following characteristics:
(i) Has resort lodge condominiums, homes and vacation cottages;
(ii) Has an eighteen hole golf course and tennis courts with a pro shop;
(iii) Has a swimming pool;
(iv) Has rock climbing, hiking and biking trails;
(v) Has a full service spa;
(vi) Has banquet and dining services and a business service center;
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(viii) Is located in a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
(V) It is lawful for any establishment located in a premier type tourist resort as defined in § 67-6-103(a)(3)(B)(iii) which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
(W) It is lawful for any establishment located in a municipality which:
(i) Has an approved Tourist Development Zone as set forth in title 7, chapter 88;
(ii) Has a AA minor league baseball team; and
(iii) Is located in a county with an amusement park, a ski resort, and a national park,
which is licensed to serve beer to also serve wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
(X) A commercially operated recreational facility, located adjacent to a navigable river, that has all of the following characteristics:
(i) Contains at least one hundred (100) boating slips available for lease, rental, or use by guests;
(ii) Has one (1) or more restaurant facilities with a combined seating capacity of at least two hundred (200);
(iii) Has a lodge with at least fifteen (15) units available for transient lodging; and
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(Y) A commercially operated facility that has all of the following characteristics:
(i) Is located no more than six (6) miles from Interstate 40 at exit 427, and on both sides of a county highway known as Harrison Ferry Road;
(ii) Has an eighteen-hole golf course, two (2) practice putting greens, a practice chipping green, and a practice area for golf instruction. The facility also contains a large swimming pool, a boat ramp into Douglas Lake, and two (2) tennis courts;
(iii) Has a clubhouse with a fully equipped pro shop and a full-service restaurant seating at least one hundred fifty (150) persons inside, with an outside patio that seats at least seventy (70) persons;
(iv) Is located within an incorporated municipality having a population of less than five hundred (500), according to the 2000 federal census or a subsequent federal census, within a county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or a subsequent federal census; and
(v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(Z) An inn that has all of the following characteristics:
(i) Contains at least twelve (12) transient guest rooms in the main house;
(ii) Has a separate meeting lodge and facility that also houses at least four (4) new French country transient suites;
(iii) Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
(iv) Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
(v) Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
(vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(AA) A commercially operated facility that has all of the following characteristics:
(i) Is a full service colonial mansion located on an eighty-one-acre estate;
(ii) Contains no fewer than eight (8) transient rooms and seventeen (17) bathrooms;
(iii) Contains a dining room with capacity for fifty (50) persons that serves at least two (2) meals daily;
(iv) Has a heated swimming pool, a fitness center, a sauna, a tennis court and a billiard room;
(v) Has a system of hiking and walking trails;
(vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(BB) A facility that has nine (9) acres of shoreline development on Watts Bar Lake and that has all of the following characteristics:
(i) Has one- to three-bedroom cottages;
(ii) Has a marina with two hundred fifty (250) slips, both wet and dry;
(iii) Has a restaurant and lounge;
(iv) Has a swimming pool;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
(CC) A development that has all the following characteristics:
(i) Has a well established marina with boat rentals, gasoline, guide services, etc., and a resort operating for more than fifty (50) years;
(ii) Includes more than two hundred (200) acres on Watts Bar Lake;
(iii) Has forty (40) cottages rented on a daily or weekly basis;
(v) Has walking and nature trails;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located in a county having a population of not less than twenty-eight thousand three hundred fifty (28,350) nor more than twenty-eight thousand four hundred fifty (28,450), according to the 2000 federal census or any subsequent federal census;
(DD) Any facility located in a municipality that has a civil war battlefield:
(i) Of which more than one thousand four hundred (1,400) acres have been designated in the National Register of Historic Places;
(ii) For which a management contract has been entered into between the municipality and the Tennessee historical commission;
(iii) Which has a self-guided driving tour;
(iv) For which long-range plans include walking trails, interpretive signs and a visitor’s center with a museum;
(v) At which, every two (2) years, a living history and reenactment of the battle fought in December, 1862 is presented;
(vi) That is famous for the southern general’s order to his troops to “Charge them both ways”; and
(vii) Is located in a county having a population of not less than twenty-five thousand four hundred fifty (25,450) nor more than twenty-five thousand five hundred fifty (25,550), according to the 2000 federal census or any subsequent federal census;
(EE) A facility that has at least fourteen (14) acres located on a lake of at least eight thousand (8,000) acres and that has the following characteristics:
(i) Contains at least three hundred and fifty (350) boat slips;
(ii) Contains a dry storage facility;
(iii) Provides boat rentals;
(iv) Contains a marine store;
(v) Contains a full service restaurant with seating for at least one hundred fifty (150) people, as well as a private banquet facility;
(vi) Has motel rooms and cabins for rent;
(vii) Contains a swimming pool;
(viii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(ix) Is located in a county having a population of not less than fifty-six thousand seven hundred (56,700) nor more than fifty-six thousand eight hundred (56,800), according to the 2000 federal census or any subsequent federal census;
(FF) A facility that has three hundred eighty-five (385) acres of development on J. Percy Priest Lake and that has all the following characteristics:
(ii) Has a marina with more than three hundred twenty (320) slips;
(iii) Has a recreational vehicle (RV) campground;
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(v) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(GG) A development that has all of the following characteristics:
(i) Has a well established marina with boat slip rentals, gasoline, etc.;
(ii) Includes three hundred eighty-five (385) acres on J. Percy Priest Lake;
(iv) Has a recreational vehicle (RV) campground;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(HH) A fully staffed overnight accommodations facility that:
(i) Is open twenty-four (24) hours a day, located on thirty-four (34) acres of land, that offers at least one (1) meal per day, along with hiking, a fitness facility, an event lawn, and a retail store;
(ii) Has twenty (20) one- and two-bedroom cabins that have kitchens or kitchenettes, wood-burning fireplaces, hot tubs, and high-speed internet access;
(iii) Has a one thousand five hundred square foot (1,500 sq. ft.) meeting facility with a capacity of up to one hundred twenty-five (125) persons, and a restaurant with a capacity of up to eighty-five (85) persons, both of which have high-speed internet access; and
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(II) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with approximately one hundred sixty-six (166) wet slips and approximately one hundred thirty-three (133) dry storage units;
(ii) The facility is located within a lake-resort, gated residential development of at least one thousand two hundred (1,200) acres having in excess of four hundred fifty (450) single family homes and condominium units;
(iii) The facility is located on a lake that has over eight hundred thirty-four (834) miles of shore line;
(iv) The facility will have a restaurant with a seating capacity of at least fifty (50) people, serving at least two (2) meals a day;
(v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) The facility is located within a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty-nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
(JJ)
(i) A commercially-operated facility containing all of the following characteristics:
(a) The facility has on its premises a marina that has at least two hundred fifty (250) covered or uncovered wet slips and at least seventy-five (75) dry rack slips;
(b) The facility has on its premises property leased or available for lease to a boating, yachting or water-based recreational club;
(c) The facility has on its premises a restaurant, providing food service to the public or for private events, with seating in the restaurant for at least fifty (50) persons at tables, whether or not the seating is inside or on a deck or patio adjacent to the restaurant;
(d) The facility has the capacity to serve as a home berth location for a commercial vessel for hire or for public cruises of at least seventy-five feet (75′) in length;
(ii) When used in this subdivision (28)(JJ), the “facility” under subdivision (28)(JJ)(i) shall include any location within the property designated by the licensee;
(iii) A facility under this subdivision (28)(JJ) shall also include any passenger sternwheel paddleboat, licensed by the United States coast guard, with rated passenger capacity of not less than one hundred (100) passengers and which paddleboat shall be at least seventy-five feet (75′) in length, which may use the marina facilities as described in subdivision (28)(JJ)(i) for its home or principal secondary port dock. The authority conferred under this subdivision (28)(JJ)(iii), authorizing the sale or distribution of alcoholic beverages, including beer, on any qualified sternwheel paddleboat shall extend only so long as the paddleboat is located at the marina facility described in subdivision (28)(JJ)(i) or is within one hundred (100) miles of the marina facility;
(iv) For purposes of obtaining a license under this subdivision (28)(JJ), the commission shall be authorized to issue a license solely to the owner or operator of a sternwheel paddleboat, meeting the qualifications of subdivision (28)(JJ)(iii), whether or not the facility described in subdivision (28)(JJ)(i) receives a license under this chapter;
(KK) A commercially operated restaurant located within a county having a population of not less than thirty-nine thousand seven hundred fifty (39,750) nor more than forty thousand (40,000) and also located within the corporate limits of a municipality having a population of not less than seven thousand seven hundred fifty (7,750) nor more than eight thousand (8,000), according to the 2000 federal census or any subsequent federal census, and in addition to satisfying the requirements of subdivision (31)(A), also meets the following additional requirements:
(i) The facility is in a structure of not less than six thousand square feet (6,000 sq. ft.);
(ii) The facility has seating at tables, for at least two hundred (200) persons; and
(iii) The facility serves at least two (2) meals a day, five (5) days a week, with the exception of holidays, vacations and periods of redecorating;
(LL) A commercially operated recreational facility containing all of the following characteristics:
(i) Owning and operating one (1) or more golf courses, that include practice putting greens, chipping greens and a driving range;
(ii) Operating a clubhouse facility, of at least eight thousand square feet (8,000 sq. ft.), containing a commercial quality kitchen and seating for at least one hundred (100) persons at tables;
(iii) Operating a private clubhouse of at least five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons, and which private clubhouse contains a full service kitchen;
(iv) Located on a minimum of one hundred thirty-seven (137) acres; and
(v) Located within a county through which a major interstate passes, supports a Tennessee board of regents university of approximately nine thousand three hundred (9,300) students for the 2006 academic year and whose sports teams are nicknamed the golden eagles;
(MM) A facility operated either commercially or on a nonprofit basis as a club containing all of the following characteristics:
(i) A clubhouse having not less than approximately five thousand eight hundred square feet (5,800 sq. ft.);
(ii) An eighteen-hole golf course for use by its members and their guests;
(iii) A restaurant with a suitable kitchen, dining facilities and equipment serving two (2) meals daily and open six (6) days a week;
(iv) Is part of a planned unit development;
(v) Has at least one hundred (100) members regularly paying dues;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(NN) It is lawful for a facility providing full service dining to serve wine to be consumed on the premises, subject to the further provisions of this chapter, other than § 57-4-103, that contains the following characteristics:
(i) The facility provides seating at tables for not less than one hundred twenty-five (125) persons and is located on approximately three (3) acres;
(ii) The dining area is at least four thousand eight hundred square feet (4,800 sq. ft.);
(iii) The facility provides seating, on a deck or a patio, for at least forty (40) persons, weather permitting, which deck or patio is in close proximity to a river or waterway; and
(iv) The facility is located in a county with a population of not less than twenty-three thousand (23,000) nor more than twenty-three thousand two hundred (23,200), according to the 2000 federal census or any subsequent federal census;
(OO) A commercially operated facility containing all of the following characteristics:
(i) The facility has overnight accommodations for at least thirty-two (32) people in at least twelve (12) private guest rooms with en-suite bathrooms;
(ii) The facility has a main dining room which seats at least thirty-two (32) people;
(iii) The facility has meeting and conference space, including at least two (2) dedicated conference rooms;
(iv) The facility has a historic water-operated grist mill;
(v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(PP) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least four hundred thirty-five (435) wet slips;
(ii) The facility has a minimum of four hundred twelve (412) paved single car parking spaces and in addition at least thirty (30) car/trailer paved parking spaces;
(iii) The facility has a restaurant with inside seating for at least seventy-eight (78) persons and patio dining for at least fifty-four (54) persons;
(iv) The facility is located within one great circle mile of Tennessee highway 56;
(v) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(QQ)
(i) A commercially operated facility containing all of the following characteristics:
(a) Owning and operating a golf course that is open to the public, that includes practice putting and chipping greens and a driving range;
(b) Operating a clubhouse facility of approximately four thousand square feet (4,000 sq. ft.), containing a commercial quality kitchen and seating for at least eighty-three (83) persons inside at tables;
(c) The facility is located at the intersection of State Highway 55 and Pete Sain Road;
(d) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin; and
(e) The facility is located within a county having a population of not less than forty-eight thousand (48,000) nor more than forty-eight thousand one hundred (48,100), according to the 2000 federal census or any subsequent census;
(ii) The rights of any facility licensed under this subdivision (28)(QQ) as to activities permitted under this chapter may be held by the entity that owns the facility, the entity that leases the facility, or an entity operating a restaurant pursuant to a written contract with the entity that owns or leases the facility;
(RR) A commercially operated recreational facility on at least ninety (90) acres of land that borders the Cherokee National Forest that offers lodging, recreation and restaurant packages to patrons containing all of the following characteristics:
(i) A rustic lodge with at least five (5) private overnight rooms that all possess a king-sized bed, mini-refrigerator, coffee maker, microwave, television, sitting area and private full bathroom, all of which have views of the mountains and are situated in a lodge with a shared great room and hot tub;
(ii) At least ten (10) cabins for overnight stays that sleep multiple persons, some of which are company-owned and some of which are privately-owned but rented by the company, and include the following amenities: television, outdoor hot tub on private deck, heat and air conditioning, gas grill, cookware, fireplace, linens and towels and large and small appliances including washer/dryer and all common kitchen appliances;
(iii) Riding stables with at least twenty-two (22) stalls for both horses owned by the resort and for overnight lease for or by guests, on-site guided trail rides provided by the owners, a horse arena with a bathroom, mountain biking, hiking, fishing including an on-site stocked pond and swimming in the guest swimming pool;
(iv) A dining restaurant that possesses a kitchen and is currently permitted to serve beer that is attached to a larger multi-purpose hall that hosts banquets, dining, dancing, music, live bands and other types of entertainment, all of which are connected to two (2) bars and at least one (1) private room and includes dining upstairs and downstairs and multiple outdoor seating decks, all of which possess a combined seating of at least two hundred (200) persons, that serves at least nine (9) meals on a weekly basis, with the exceptions of closures for private groups that include the year-round hosting of reunions, weddings and corporate workshops and seasonal closures, vacations, general maintenance and remodeling by the owners;
(v) A building that contains an administrative office and a general store complete with all sorts of merchandise for use on and off of the premises of the resort, a building that contains a tack store that sells all sorts of horse-related merchandise and a building that contains a game room;
(vi) An outdoor pavilion that possesses a grill and in which other outdoor cooking devices may be used and that is used to serve meals outdoors in combination with foods prepared in the kitchen;
(vii) A gazebo used for outdoor weddings;
(viii) When used in this subdivision (28)(RR), “facility” includes any location within the property designated by the licensee;
(ix) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(x) Is located within a county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
(SS)
(i) A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, association or of the development in which it is located, owned and operated by a corporation, limited liability company or association, having all of the following characteristics:
(a) The facility must be located in or adjacent to a residential real estate development containing no less than one thousand (1,000) acres and no more than two thousand (2,000) acres, inclusive of the facility;
(b) The facility must have at least three (3) permanent structures, open to the public or to members and their guests, with the largest structure having at least thirty thousand square feet (30,000 sq. ft.) of enclosed space;
(c) The closest boundary of the real estate development in which the facility is located must be located no more than two thousand feet (2,000′) from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
(d) The facility must maintain the following types of recreational amenities:
(1) A golf course having at least eighteen (18) holes;
(2) At least one (1) swimming pool;
(3) At least one (1) tennis court; and
(e) The facility must have at least one (1) room or rooms that are regularly kept, used and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least seventy-five (75) persons;
(f) The facility must be located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census; and
(g) The facility must not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(SS) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(TT)
(i) A commercially operated recreational facility which contains each of the following characteristics:
(a) Is located within a county with a population of not less than seventeen thousand (17,000) nor greater than eighteen thousand (18,000), according to the 2010 federal census or any subsequent federal census;
(b) Has located on its premises, stables for the temporary or permanent stabling of horses with a capacity of at least two hundred twenty (220) horses;
(c) Consists of property of at least ten thousand (10,000) acres, contiguous and noncontiguous;
(d) Has located upon its premises trails and horseback riding, wagon trails, campsites with electrical service, bathhouses and a pavilion for cookouts; and
(e) Has a restaurant facility for the preparation and serving of food and beverages to guests of the facility located at the facility;
(ii) The rights of the facility as to activities permitted under this chapter may be held by the entity which owns the facility, the entity which leases the facility, or an entity operating the restaurant pursuant to a written contract with the entity which owns or leases the facility;
(iii) The facility may be a contiguous parcel of property or may be noncontiguous; provided, that any part of the facility which is noncontiguous to any other part of the facility is separated only by a roadway or street; and
(iv) The entity excising the rights of the facility shall be authorized to engage in the activities permitted under this chapter anywhere on the premises of the facility as disclosed to the commission;
(UU) A privately owned facility possessing each of the following characteristics:
(i) Is located on at least twenty (20) acres;
(ii) Has a restaurant facility with at least one thousand two hundred square feet (1,200 sq. ft.) that seats at least one hundred (100) patrons at tables located both inside and outside the facility;
(iii) Has a marina with at least one hundred (100) slips and that provides house boat rentals of at least four (4) house boats;
(iv) Has at least four (4) cabins, seven (7) camping slots and at least three (3) RV slots;
(v) Has a boat repair shop and a store that carries boating and skiing type items;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located within any county having a population of not less than seventeen thousand eight hundred (17,800) nor more than seventeen thousand eight hundred seventy-five (17,875), according to the 2000 federal census or any subsequent federal census;
(VV) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least two hundred forty (240) wet slips;
(ii) The facility has a minimum of nine (9) housing units for rent containing nineteen (19) bedrooms;
(iii) The facility has a campground with twelve (12) sites containing electric and sewer hookups;
(iv) The facility has a minimum of one hundred forty-seven (147) paved single car parking spaces;
(v) The facility has a restaurant with inside seating for at least twenty-eight (28) persons and patio dining for at least forty (40) persons;
(vi) The facility has an outdoor pavilion which seats one hundred fifty (150) persons;
(vii) The facility is located on Jefferson Road, approximately six and one tenth (6.1) miles from the intersection with Highway 288/Keltonburg Road and thirteen (13) miles from Highway 70;
(viii) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(ix) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(WW) A commercially operated facility containing all of the following characteristics:
(i) The facility has a minimum of eighty seven (87) parking spaces;
(ii) The facility has a restaurant open year-round with inside seating for at least sixty (60) persons and outside seating for at least one hundred nineteen (119) persons;
(iii) The facility is located on Highway 96 less than one (1) mile from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(XX) A commercially operated facility containing all of the following characteristics:
(i) The facility has a minimum of eighty five (85) parking spaces;
(ii) The facility has a restaurant open year-round at least six (6) days a week with inside seating for at least one hundred (100) persons and outside seating for at least one hundred twenty (120) persons;
(iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(YY) A commercially operated facility containing all of the following characteristics:
(i) The facility owns and operates an eighteen (18) hole golf course that is open to the public, which includes putting greens and a driving range;
(ii) The facility operates a clubhouse facility of approximately five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons and which clubhouse contains a full-service kitchen;
(iii) The facility operates a swimming pool;
(iv) The facility is located on a minimum of one hundred thirty-three (133) acres;
(v) The facility is located adjacent to old Highway 45W and is situated within a county having a population of not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), according to the 2000 federal census or any subsequent federal census; and
(vi) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin;
(ZZ) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least five hundred thirty (530) wet slips;
(ii) The facility has a minimum of two hundred fifty (250) paved single car parking spaces;
(iii) The facility has a restaurant with inside seating for at least eighty (80) persons and outside seating for at least sixty (60) persons;
(iv) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(v) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(AAA) A commercially operated facility containing all of the following characteristics:
(i) The facility includes a one hundred forty-seven thousand square foot (147,000 sq. ft.) boat and RV showroom and service center with retail sales of all types of camping and boating equipment as well as a boat and RV parts department;
(ii) The facility has a two hundred fifty (250) seat full service restaurant;
(iii) The facility has a two hundred fifty (250) site campground with two (2) swimming pools, cabins and a lodge;
(iv) The facility is a travel center with a store, pizzeria, delicatessen, fuel center;
(v) The facility has an arcade;
(vi) The facility is located at 2475 Westel Road; and
(vii) The facility is located within a county having a population of not less than forty-six thousand eight hundred (46,800) nor more than forty-six thousand nine hundred (46,900), according to the 2000 federal census or any subsequent federal census;
(BBB) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least one hundred one (101) wet slips;
(ii) The facility has a minimum of sixty (60) paved single car parking spaces;
(iii) The facility has a restaurant with adequate and sanitary kitchen facilities with inside seating for at least forty (40) persons and outside seating for at least one hundred fifty (150) persons and is kept, used and maintained as a place where meals are served and where meals are actually and regularly served when the facility is opened for business; and
(iv) The facility is located within a county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand two hundred (31,200), according to the 2000 federal census or any subsequent federal census;
(CCC) A commercially operated facility which contains all of the following characteristics:
(i) Is a bed and breakfast homestay, as defined in § 68-14-502(1)(B), that opened in 2008;
(ii) Has at least two (2) rooms available for overnight guests;
(iii) Is able to prepare on-site custom meals for up to thirty (30) persons;
(iv) Offers cooking classes; and
(v) Is located within any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census;
(DDD) A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned, and operated by an association or corporation and in connection with an eighteen-hole golf course which facility is regularly kept, used, and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
(i) The facility must have a clubhouse with no less than six thousand enclosed square feet (6,000 sq. ft.);
(ii) The facility must be located within the limits of a development that is within five hundred yards (500 yds.) of a water reservoir operated and maintained by the United States Army corps of engineers during 1998 or any subsequent years;
(iii) The facility must be located within at least three (3) miles of an airport with lighted runway of at least three thousand feet (3000′) in length;
(iv) Maintenance within the recreational area of the following types of recreational facilities:
(a) Golf course of at least eighteen (18) holes;
(v) The facility is located within a county having a population of not less than twenty-nine thousand eight hundred (29,800) nor more than twenty-nine thousand nine hundred (29,900), according to the 2000 federal census or any subsequent federal census;
(EEE) A privately-owned resort and recreational facility possessing each of the following characteristics:
(i) Has at least ninety-five (95) acres located approximately five (5) miles south of Interstate 40 on Tennessee State Highway 13;
(ii) Is fronted on the west side by Tennessee State Highway 13 and bordered on the south side by a scenic river as defined in title 11, chapter 13, part 1;
(iii) Has at least four (4) cabins;
(iv) Has at least thirty (30) recreational vehicle pads and sites with full electrical, water and sewer hookups;
(v) Has at least a forty-seat restaurant which has been approved by the local health department that has an approved beer permit and has food available, with exceptions of closures for private groups or events, seasonal closures, vacations, general maintenance and remodeling by the owners;
(vi) When used in this subdivision (28)(EEE), the “facility” shall include any location within the property designated by the licensee;
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(viii) Is located within any county having a population of not less than seven thousand six hundred (7,600) nor more than seven thousand seven hundred (7,700), according to the 2000 census or any subsequent federal census; and the legislative body of such county adopts a resolution endorsing such resort and recreational facility as a premier type tourist resort as defined in this subdivision (28);
(FFF) A commercially operated facility containing all of the following characteristics:
(i) Has a restaurant serving an upscale menu featuring lobster tail, crab legs and fresh cut steaks;
(ii) Is located on a lake by a marina;
(iii) Has a boat dock within walking distance of the restaurant;
(iv) Has indoor seating for approximately one hundred thirty (130) diners and outdoor dining on the patio with seating for approximately one hundred eighty (180);
(v) Offers live entertainment on the patio at its Tiki Bar; and
(vi) Is located in any county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or any subsequent federal census;
(GGG) A privately-owned resort and recreational facility possessing each of the following characteristics:
(i) Has a dock with marina which has at least one hundred seventy (170) boat slips which is located on or near the four hundred eighty-two (482) mile marker on the Tennessee River;
(ii) Has an outside gazebo which is used for various functions;
(iii) Has a restaurant with a dining room of at least four thousand two hundred square feet (4,200 sq. ft.), which seats at least two hundred (200) persons both indoors and outdoors, including an outdoor balcony; and which serves meals at least four (4) days on a weekly basis including Sunday brunch, with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners;
(iv) When used in this subdivision (28)(GGG), the “facility” shall include any location within the property designated by the licensee; and
(v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(HHH) A commercially operated facility containing all of the following characteristics:
(i) Regularly serves meals at tables and continuously maintains adequate kitchen facilities;
(ii) Has indoor seating for approximately one hundred twenty (120) diners and outdoor seating for approximately one hundred thirty (130);
(iii) Is located on the banks of the Cumberland River;
(iv) Has a transient boat dock within walking distance of the restaurant;
(v) Specializes in serving catfish and is often referred to as “the Catfish Place under the bridge”; and
(vi) Is located in any county having a population of not less than thirty-nine thousand one hundred (39,100) nor more than thirty-nine thousand two hundred (39,200), according to the 2010 federal census or any subsequent federal census;
(III) A bed and breakfast possessing each of the following characteristics:
(i) The house is approximately ten thousand square feet (10,000 sq. ft.) and has rooms for approximately twelve (12) guests to stay overnight;
(ii) Has a smaller upper level patio and a larger, lower level patio;
(iii) Has a main dining room on the first floor which can accommodate approximately seventy (70) guests. The main dining room is one (1) large room with floor to ceiling windows providing one hundred eighty degrees (180°) of lakefront viewing;
(iv) Has accommodations for an additional forty (40) guests for outside dining;
(v) Is located in the Long Branch portion of Dale Hollow Lake;
(vi) The property on which the bed and breakfast is situated has space for weddings, family reunions and other large gatherings on the large outside portion of the property; and
(vii) Is located in any county having a population of less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(JJJ) A hotel possessing all of the following characteristics:
(i) Contains at least twenty five (25) rooms for the sleeping accommodations of guests;
(ii) Is registered as a national historic landmark;
(iii) Is located within a central business improvement district; and
(iv) Is located in any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
(KKK) A commercially operated recreational facility possessing each of the following characteristics:
(i) Is located at least two hundred feet (200′) from a natural lake that is located in or near a state park, which has waterfowl hunting and fishing is available year round;
(ii) Has a restaurant which has:
(b) A commercial kitchen; and
(c) Seating for at least seventy-five (75); and
(iii) Has a boat ramp and boat dock;
(LLL) A commercially operated facility containing all of the following characteristics:
(i) The facility has a restaurant open year-round with inside seating for at least seventy-five (75) persons;
(ii) The facility has a minimum of eighty-five (85) parking spaces;
(iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than eighteen thousand seven hundred (18,700) nor more than eighteen thousand seven hundred fifty (18,750), according to the 2010 federal census or any subsequent federal census;
(MMM)
(i) A commercially operated recreational facility possessing all of the following characteristics:
(a) A golf course of at least eighteen (18) holes;
(b) Wooded trails for horseback riding;
(c) A fully stocked fishing pond;
(d) At least three (3) tennis courts;
(e) Located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
(f) Is located no more than two thousand feet (2,000′) from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
(ii) The premises of any facility licensed under this subdivision (28)(MMM) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A license shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(NNN) A commercially owned marina containing all of the following characteristics:
(i) Operates as a marina on approximately forty-six (46) acres of land;
(ii) Has a restaurant with at least one hundred ten (110) seats;
(iii) Has approximately two hundred (200) boat slips;
(iv) Has seven (7) cabins; and
(v) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census;
(OOO) A commercially operated facility containing all of the following characteristics:
(i) Operates as a hunting lodge on approximately four hundred (400) acres of land;
(ii) Has adequate kitchen facilities and a dining area within the hunting lodge with seating of at least fifty (50) at tables;
(iii) Has capacity to sleep at least thirty (30) guests within the main hunting lodge and at least twenty (20) guests in a cabin located on the property; and
(iv) Is located off I-40 at Exit 311 in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
(PPP) A commercially operated facility open to the public for persons twenty-one (21) years of age or older that has all of the following characteristics:
(i) Is located within three (3) miles of Dale Hollow Lake;
(ii) Has a kitchen that serves food to customers;
(iii) Is licensed to sell beer;
(iv) Is located in an A frame building built in 1968;
(v) Has a deck of more than one thousand square feet (1,000 sq. ft); and
(vi) Is located in any county having a population of not less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(QQQ)
(i) A commercially operated resort, restaurant, marina and recreational facility possessing all of the following characteristics:
(a) Is located on at least five (5) acres but no more than seven (7) acres at day marker four (4) as designated by the Tennessee Valley authority on Norris Lake;
(b) Has a marina with at least one hundred forty-five (145) boat slips, most of which are contracted for use on an annual basis, but also includes use for drive-ups;
(c) Rents pontoon, ski, and house boats;
(e) Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons;
(f) Has a restaurant that serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events, seasonal reasons, vacations, general maintenance and remodeling by the owners;
(g) Has special events and weddings inside and outside;
(h) Has at least fifty-five (55) condominiums with at least thirty (30) of the condominiums available for rental on a nightly or weekly basis;
(i) Has a restaurant that possesses a beer permit for on and off-premises consumption;
(j) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(k) Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
(ii) The facility licensed pursuant to this subdivision (28)(QQQ) shall make food available at any time when alcoholic beverages are being served.
(iii) When used in this subdivision (28)(QQQ), “facility” means any location within the property as designated by the licensee;
(RRR) A commercially operated marina, restaurant, and recreational facility possessing all of the following characteristics:
(i) Is located on at least thirty-two (32) acres of land located off Old Awalt Road;
(ii) Has a marina with at least two hundred fifty (250) wet slips located on Tims Ford Lake;
(iii) Has a restaurant with a dining room to accommodate at least two hundred (200) patrons;
(iv) Includes at least five (5) rental cabins and a motel with at least (5) rental units on its grounds; and
(v) Has a fuel dock with a stationary tank that holds at least six thousand gallons (6,000 gals.) of fuel;
(SSS) A commercially operated mountaintop resort and recreational facility possessing all of the following characteristics:
(i) Is located on at least one thousand two hundred (1,200) acres at an altitude of between two thousand five hundred feet (2,500′) and three thousand feet (3,000′);
(ii) Provides nightly lodging in at least eleven (11) furnished suites with balconies, all of which are located in at least two (2) buildings;
(iii) Has a restaurant with a full service kitchen with combined seating indoors and outdoors for at least one hundred (100) patrons; and which serves at least twelve (12) meals on a weekly basis with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time when alcoholic beverages are being served; and such restaurant shall already possess a beer permit for on-premises consumption;
(iv) Hosts special on-site events including weddings, receptions, reunions, corporate meetings, and club or group gatherings;
(v) Has a wooden walkway through chimney rock formations;
(vi) Has a heliport with at least two (2) landing pads;
(vii) When used in this subdivision (28)(SSS), “facility” includes any location within the property as designated by the licensee;
(viii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(ix) Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 census or any subsequent federal census;
(TTT) A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
(i) Includes a full service marina that includes at least one hundred thirty (130) boat slips with the capacity to have three hundred seventy-five (375) covered boat slips ranging in size from twenty-four feet (24′) to thirty feet (30′) deep; and which is located opposite the one hundred and thirty-three and one-third R (133.3R) mile marker on the Clinch River on Norris Lake;
(ii) Has a public pump station;
(iii) Has a restaurant with at least one hundred (100) seats both indoors and outdoors which serves at least six (6) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners;
(vi) Has a marina campground with at least twenty (20) campsites with electric, water, and wastewater connections;
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(viii) The facility is located within a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census. When used in this subdivision (28)(TTT), “facility” includes any location within the property designated by the licensee;
(UUU)
(i) A commercially or privately operated facility containing all of the following characteristics:
(a) Is located on Tellico Lake, containing a minimum area of six hundred fifty (650) contiguous acres;
(b) Has an information and sales center;
(c) Has public access walking trails;
(d) Has a championship golf course of at least eighteen (18) holes;
(e) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(f) Is located within any county having a population of not less than forty-eight thousand five hundred (48,500) nor more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (28)(UUU) shall mean any or all of the property that constitutes the facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, marinas, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises and such drawing may be amended by the licensee filing a new drawing;
(VVV) A commercially operated private tennis club possessing all of the following characteristics:
(i) Is located on at least thirteen (13) acres of land located off Racquet Club Way;
(ii) Has at least ten (10) indoor hard tennis courts located indoors;
(iii) Has at least five (5) hard tennis courts and at least twelve (12) clay tennis courts located outdoors; and
(iv) Includes a five thousand square foot (5,000 sq. ft.) club house on its grounds;
(WWW) A commercially operated recreational facility possessing all of the following characteristics:
(i) Has a banquet room that seats not less than seventy-five (75) people;
(ii) Has a semi-private golf course of at least eighteen (18) holes;
(iii) Has a club house, restaurant that serves food, and swimming pool;
(iv) Is located not less than one (1) mile from Interstate 40 and is adjacent to Golf Course Road;
(v) Is located in a county having a population of not less than thirty-five thousand six hundred (35,600) nor more than thirty-five thousand seven hundred (35,700), according to the 2010 federal census or any subsequent federal census;
(XXX) A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
(i) Includes a full service marina that includes at least one hundred (100) covered boat slips, at least thirty-five (35) mooring line buoys, at least five (5) floating home rentals, and offers for rental at least fourteen (14) watercraft of various types including ski-boats, single and double deck pontoons, jet skis, and standup paddle boats; and which is located at Big Creek Mile eight.zero L (8.0L), Whitman Hollow Branch Norris Reservoir;
(ii) Has a restaurant with at least seventy-five (75) seats combined indoors and outdoors, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
(iii) Has at least seven (7) campsites;
(iv) Has at least two (2) vacation rental homes;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(vi) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
(YYY) A commercially owned marina, resort and recreational facility possessing each of the following characteristics:
(i) Has a full service marina that includes at least three hundred (300) boat slips and is located on Norris Lake;
(ii) Has a restaurant with at least seventy-two (72) indoor seats and seventy-two (72) outdoor seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
(iii) Has a motel with at least twenty-four (24) rooms;
(iv) Has at least two (2) vacation rental cabins and at least twenty-three (23) recreational vehicle (RV) slots;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(vi) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
(ZZZ) A commercially operated facility possessing each of the following characteristics:
(i) Has adequate kitchen facilities and a dining area within the facility that has a seating capacity of at least fifty (50);
(ii) Is within four (4) miles of Douglas Lake;
(iii) Is located on the corner of Greenhill Road and Hwy 25-70 within one (1) mile of I-40 at Exit 415; and
(iv) Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
(AAAA)
(i) A privately owned resort and recreational facility possessing each of the following characteristics:
(a) Is located off U.S. Highway 421 in any county having a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand three hundred (18,300), according to the 2010 federal census or any subsequent federal census;
(b) Has a semi-private golf course of at least eighteen (18) holes;
(c) Has at least twenty (20) accommodation units;
(d) Has at least two (2) tennis courts;
(e) Has at least one (1) swimming pool;
(f) Has a restaurant that seats at least fifty (50) people; and
(g) Has a meeting facility;
(ii) The premises of any resort and recreational facility licensed under this subdivision (28)(AAAA) shall mean any or all of the property that constitutes the resort and facility, including, but not limited to, clubhouses, restaurants, gift and pro shops, swimming pools, tennis courts, golf courses, and paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, and such drawing may be amended by the licensee filing a new drawing;
(BBBB) It is lawful for any establishment located in a municipality having a population of not less than six hundred (600) nor more than six hundred ten (610), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
(CCCC) A commercially owned marina, resort, and recreational facility possessing each of the following characteristics:
(i) Includes a full-service marina that includes at least one hundred fifty (150) boat slips and is located on Norris Lake;
(ii) Has at least eight (8) campsites;
(iii) Has a restaurant with at least eighty (80) seats, which serves at least ten (10) meals on a weekly basis, with exceptions of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners; provided, however, that food shall be made available at any time that alcoholic beverages are being served;
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(v) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
(DDDD) A commercially operated facility possessing each of the following characteristics:
(i) Is located within a one thousand foot (1,000′) radius from the intersection of U.S. Highway 41A and University Avenue/Lake O’Donnell Road on property owned by a private institution of higher education, the campus of which is at least ten thousand (10,000) acres;
(ii) Is located in any county having a population of not less than forty-one thousand (41,000) nor more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
(iii) Has prepared and served hot food for on-site dining with indoor seating for at least twenty-five (25) persons for at least twenty-four (24) months; and
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(EEEE) An entity that is authorized by the department of environment and conservation to operate a restaurant or other food and beverage service on the premises of a state park;
(FFFF) It is lawful for any establishment located in a municipality having a population of not less than four hundred ninety (490) nor more than four hundred ninety-nine (499), according to the 2010 federal census or any subsequent federal census, which is located in a county having a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census, that is licensed to serve beer to also serve alcoholic beverages and wine to be consumed on the premises, subject to the further provisions of this chapter other than § 57-4-103;
(GGGG) A commercially operated facility possessing each of the following characteristics:
(i) Is located in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(ii) Regularly serves meals;
(iii) Contains an adequate and sanitary kitchen;
(iv) Has seating for not less than forty (40) people at tables;
(v) Is located on floatation devices on the Cumberland river in close proximity to a marina; and
(vi) May be seasonally closed;
(HHHH) A commercially operated recreational facility possessing each of the following characteristics:
(i) Is located:
(a) On at least two thousand five hundred (2,500) acres, approximately eight (8) miles from an interstate highway; and
(b) Along a waterway that flows into a river, a portion of which has been designated as a scenic river;
(ii) Has at least twelve (12) cabins and at least three hundred fifty (350) campsites;
(iii) Has a motor cross trail or trails and a horseback riding trail or trails;
(iv) Has a restaurant with seating for at least one hundred (100);
(v) Has a one thousand six hundred square foot (1,600 sq. ft.) stage at an amphitheater that seats approximately two thousand five hundred (2,500); and
(vi) Has least five (5) hotels or motels located near the facility;
(IIII) A commercially operated facility containing all of the following characteristics:
(i) Is located:
(a) On at least twenty-two (22) acres;
(b) Within a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census; and
(c) At least two (2) miles north of the city of Cookeville, Tennessee;
(ii) Has been an LLC corporation since 2013;
(iii) Accommodates overnight lodging for up to fourteen (14) guests;
(iv) Is available for special events for up to five hundred (500) guests, including, but not limited to, weddings, receptions, corporate events, fundraisers, and reunions; and
(v) Has on-site parking for up to two hundred fifty (250) vehicles;
(JJJJ) A commercially operated facility possessing all of the following characteristics:
(i) Is located in a home built in 1892;
(ii) Is located on 3rd Avenue South;
(iii) Has eight thousand square feet (8,000 sq. ft.) of space including an outside courtyard;
(iv) Hosts on-site special events including weddings, receptions, and group gatherings;
(v) Has an adequate and sanitary kitchen; and
(vi) Is located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
(KKKK) A commercially operated facility containing all of the following characteristics:
(i) The facility is located on at least two hundred fifty (250) acres;
(ii) The facility provides camping and additional overnight accommodations;
(iii) The facility serves at least one (1) meal per day in a dining room that seats at least fifty (50) persons; and
(iv) The facility must be located within a commercial district which contains a former state penitentiary that was in operation for a minimum of fifty (50) years;
(LLLL) A commercially operated facility possessing each of the following characteristics:
(i) Has been in operation as an inn since November 3, 2002;
(ii) Is located within one-half (½) mile of a city park;
(iii) Has a total of eight (8) guest rooms in the main house;
(iv) Has a separate cottage that also houses at least one (1) transient suite, as well as workspaces and storage;
(v) Has at least one (1) kitchen on the premises and offers at least one (1) meal daily;
(vi) Has an open-air, outdoor patio suitable for the accommodation of wedding ceremonies and other events;
(vii) Has been designated historically significant by a county historical commission; and
(viii) Is located in any county having a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(MMMM) A commercially operated facility possessing all of the following characteristics:
(i) Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons;
(ii) Is licensed to sell beer;
(iii) Is located in a structure of not less than six thousand square feet (6,000 sq. ft.);
(iv) Is located on Drew Howard Road; and
(v) Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
(NNNN) A commercially operated marina, resort, and recreational facility that:
(i) Is located between day markers fifteen (15) and sixteen (16) on Douglas Lake;
(ii) Operates not less than eighty-eight (88) covered slips, one hundred ten (110) open slips, twelve (12) transient slips, and six (6) house boat slips;
(iii) Operates a full-service store offering fuel, live bait and tackle, food, and beverages;
(iv) Is open not less than three hundred sixty-three (363) days per year;
(v) Rents pontoons, fishing boats, and paddle boards;
(vi) Operates a boat ramp that is open year-round;
(vii) Operates a recreational vehicle (RV) campground with not less than seventy (70) RV sites;
(viii) Operates not less than seven (7) rental properties; and
(ix) Is located in a county having a population of not less than fifty-one thousand four hundred (51,400) nor more than fifty-one thousand five hundred (51,500), according to the 2010 federal census or any subsequent federal census;
(OOOO) A commercially operated facility possessing each of the following characteristics:
(i) The facility operates a full service hotel;
(ii) The facility operates a restaurant with not less than thirty-two (32) seats in the dining room, eight (8) seats in the bar, and twenty-eight (28) outdoor seats located under a wrap-around porch;
(iii) The facility operates a nine-hole golf course and a golf lodge;
(iv) The facility serves as a wedding and events venue; and
(v) The facility is located within one (1) mile of Highway 41A and within two (2) miles of Lake O’Donnell in a county with a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census;
(PPPP) A commercially operated facility possessing all of the following characteristics:
(i) Has a restaurant open at least six (6) days a week with seating at tables for at least one hundred (100) persons and with additional seasonal seating on a patio for at least eighty (80) persons;
(ii) Is licensed to sell beer;
(iii) Is located in a structure of not less than two thousand five hundred square feet (2,500 sq. ft.);
(iv) Is located on Peavine Road; and
(v) Is located in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty-six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
(QQQQ)
(i) A commercially operated facility having all of the following characteristics:
(a) The facility has approximately sixty-one thousand square feet (61,000 sq. ft.) of interior space;
(b) The facility is located not more than six thousand feet (6,000′) southwest of a federal interstate highway and not more than two hundred feet (200′) west of a federal highway;
(c) The property that the facility is located on is not less than five hundred seventy-five feet (575′) and not more than six hundred fifteen feet (615′) above sea level;
(d) The facility was originally constructed in 2017;
(e) The facility has one (1) permanent structure containing five (5) stories and includes at least one (1) commercial kitchen, an atrium with a glass ceiling having a height of at least thirty feet (30′) with live trees, and a rooftop deck with table service;
(f) The facility is located in or adjacent to a commercial real estate development containing approximately one hundred (100) specialty stores and eateries, and a movie theater;
(g) The facility is located within one hundred feet (100′) of a commercial bank that is a member of the federal deposit insurance corporation;
(h) The facility is approximately one thousand eight hundred twenty feet (1,820′) to the northeast of Sugartree Creek;
(i) The facility is approximately four hundred seventy feet (470′) to the northwest of the main building of a public high school that was originally constructed before 1939;
(j) The facility is approximately one thousand four hundred fifty feet (1,450′) to the southwest of a public library that was originally constructed before 2000;
(k) The facility is located within a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census; and
(l) The facility must not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(QQQQ) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(RRRR) An agritourism facility possessing all of the following characteristics:
(i) Is located on at least three hundred (300) owned or leased acres;
(ii) Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(iii) Is bounded on one (1) side by at least three-quarters (¾) of a mile of the Cumberland River and on the other side by one-half (½) of a mile of a state scenic highway;
(iv) Has been certified as an organic farm for a period of at least three (3) years prior to the date of the initial application for a license;
(v) Is primarily zoned agricultural and operates an on-farm market on that site in addition to possessing substantial acreage of green space at the date of initial application for a license; and
(vi) Maintains meeting centers for community events;
(SSSS)
(i) A commercially operated facility having all of the following characteristics:
(a) The facility is located on approximately six (6) acres of land that is adjacent to two (2) permanent structures which are owned by the same owner of the facility having approximately seventy thousand square feet (70,000 sq. ft.) of retail and office commercial space, and is located no more than three hundred feet (300′) from a federal highway;
(b) The facility has at least one (1) permanent structure with approximately sixty thousand square feet (60,000 sq. ft.) located no more than five hundred feet (500′) from a federal highway and less than two thousand five hundred feet (2,500′) south of a commercial railroad track. The structure is not less than five hundred twenty-five feet (525′) and not more than five hundred seventy-five feet (575′) above sea level. The structure was renovated in 2016 and 2017;
(c) The facility formerly housed a supermarket business that closed in 2012;
(d) The facility is approximately two thousand two hundred feet (2,200′) to the south of a facility that is accredited by the Association of Zoos and Aquariums that is open to the public;
(e) The facility is located no more than seven thousand feet (7,000′) from a railyard of a Class 1 railroad, as defined by the surface transportation board of the United States department of transportation; and
(f) The facility is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (28)(SSSS) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (28)(SSSS). The licensee and any other entity in the facility licensed under chapter 4 of this title may, upon filing notice with the commission, share a common licensed area on the premises of the facility. The commission shall enforce chapter 4 of this title against each licensee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a licensee for any violation committed by another licensee within a common licensed area on the premises of the facility. There is a rebuttable presumption of liability for a specific licensee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the licensee, the commission may determine which licensee to cite for an underage sale. If the commission is unable to determine which licensee committed a violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more licensees that share the common licensed area where the violation occurred;
(iii) The licensee and any other licensed entity in the facility that holds a license under this chapter may store beer and alcoholic beverages in a central storage location in the facility. Each licensed entity shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
(iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (28)(SSSS) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one beer permit issued under chapter 5 of this title. The beer permittee and any other entity in the facility that holds a beer permit issued by the local beer board may, upon filing notice with the beer board, share a common permitted area on the premises of the facility. The beer board shall enforce chapter 5 of this title against each permittee on the premises of the facility and shall not cite, penalize, or take any other adverse action against a permittee for any violation committed by another permittee within a common permitted area on the premises of the facility. There is a rebuttable presumption of liability for a specific permittee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the permittee, the beer board may determine which permittee to cite for an underage sale. If the beer board is unable to determine which permittee committed a violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more permittees that share the common permitted area where the violation occurred;
(v) Notwithstanding § 57-3-806(e), the owner of the facility may prohibit or restrict, through its lease or other agreements with other businesses, the on-premise sale of beer or alcoholic beverages by other businesses at the facility;
(vi) Notwithstanding § 57-4-101(n), table service is not required for the service of alcoholic beverages or beer as authorized by this subdivision (28)(SSSS); and
(vii) The facility, landlord, or any licensee shall provide periodic security for the entire licensed premises;
(TTTT)
(i) A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, or association, or of a development in which it is located, owned, and operated by a corporation, limited liability company, or association, having all of the following characteristics:
(a) The facility is located in or adjacent to a residential real estate development containing between seven hundred (700) and eight hundred (800) acres, a portion of which was formerly the home of a music industry entertainer who began her career with a successful recording at the age of thirteen (13);
(b) The facility has at least one (1) permanent structure, open to the public or to members and their guests, having at least two thousand square feet (2,000 sq. ft.);
(c) The closest boundary of the real estate development in which the facility is located must be located no more than three thousand feet (3,000′) from the right-of-way of Interstate 840 and situated between Cox and Patton roads;
(d) The facility maintains a golf course having at least eighteen (18) holes, which has a current or past golf professional on staff at the golf course;
(e) The facility has at least one (1) room or rooms that are regularly kept, used, and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least thirty (30) persons;
(f) The facility is located on property with elevations that vary between less than seven hundred fifty feet (750′) above sea level to more than nine hundred fifty feet (950′) above sea level;
(g) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
(h) The planning commission of a county in which the facility is located has approved of subdividing the property into more than four hundred (400) residential lots that can be offered for sale for home construction; and
(i) The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(TTTT) shall mean any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(UUUU)
(i) A commercially operated facility having all of the following characteristics:
(a) The facility is located on approximately twenty-seven (27) acres of land that is adjacent to a tributary of Arrington Creek and located along U.S. Route 96;
b) The facility has at least one (1) permanent structure constructed in 2016 with at least eight thousand four hundred square feet (8,400 sq. ft.) of climate-controlled space;
(c) The facility is on property that has a lake with an island having approximately nine thousand square feet (9,000 sq. ft.) of space that contains outdoor amenities, including a sound system;
(d) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
(e) The facility does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(UUUU) means any or all of the property that constitutes the facility, including a barn, man-made island, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(VVVV)
(i) A commercially operated facility possessing the following characteristics:
(a) The facility is located on at least twenty (20) acres;
(b) The facility provides overnight accommodations with no less than fifty (50) guest rooms;
(c) The facility serves at least one (1) meal per day in a dining room that seats at least seventy-five (75) persons;
(d) The facility is located on property that is within one-quarter (1/4) mile of the intersection of Carters Creek Pike and Southall Road; and
(e) The facility is located in a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (28)(VVVV) means any or all of the property that constitutes the facility, including restaurants, cabins, lodges, clubhouses, swimming pools, tennis courts, golf courses, paths, and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(iii) Any facility licensed under this subdivision (28)(VVVV) may be issued one (1) or more licenses for consumption on the premises;
(iv) Any facility licensed under this subdivision (28)(VVVV) may seek an additional license as a caterer under subdivision (6);
(v) Any facility licensed under this subdivision (28)(VVVV) may hold any of the licenses authorized under this subdivision (28)(VVVV) or may grant a franchise to one (1) or more entities for any or all such licenses;
(vi) Any facility licensed under this subdivision (28)(VVVV) may deliver sealed bottles to any area within the licensed premises of the facility;
(WWWW) A commercially operated facility possessing each of the following characteristics:
(i) The facility operates a restaurant with not less than fifty (50) seats in the dining room, not less than six (6) seats at the bar, and outdoor seating on the wrap-around porch;
(ii) The restaurant is equipped to serve breakfast, lunch, and dinner and does so on a regular basis;
(iii) The facility operates an eighteen-hole golf course and has a large, log cabin style clubhouse with not less than seven thousand square feet (7,000 sq. ft.);
(iv) The facility serves as a wedding and event venue; and
(v) The facility is located not more than six (6) miles from Interstate 40 and Interstate 840 and is situated in a county having a population of not less than one hundred thirteen thousand nine hundred (113,900) and not more than one hundred fourteen thousand (114,000), according to the 2010 federal census and any subsequent federal census;
(XXXX) A facility operated either commercially or on a nonprofit basis that:
(i) Is a community theatre and event center that officially opened in 1934;
(ii) Was renovated and reopened in 1974;
(iii) As of April 12, 2018, operates as a 501(c)(3) nonprofit organization;
(iv) Is a historic community and private event venue; and
(v) Is located in a municipality with a population of not less than fifteen thousand sixty (15,060) and not more than fifteen thousand sixty-nine (15,069), according to the 2010 and any subsequent federal census;
(YYYY) A commercially operated facility that is:
(i) Located on approximately two hundred forty-seven (247) acres, subject to a conservation easement on approximately two hundred (200) of the acres;
(ii) Located on a peninsula adjacent to the Tennessee River;
(iii) Located on property across which an abandoned railroad bed lies;
(iv) A venue for weddings, meetings, and events; and
(v) Located in a county with a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 or any subsequent federal census;
(ZZZZ) A commercially operated facility that:
(i) Is located on at least sixty (60) acres of land which came from an original land grant with a home on the property built in 1781;
(ii) Has a stream with a dam on the premises;
(iii) Has a restaurant that was primarily built from two wrecked barns, that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen, that has seating inside for at least sixty (60) persons at tables, and that has outdoor patio seats for at least twenty-five (25) persons;
(iv) Has a pavilion that seats at least one hundred twenty-five (125) persons;
(v) Hosts various events, including, but not limited to, weddings, civic and other club meetings, church groups, and car shows; and
(vi) Is located in a county with a population of not less than fifty-six thousand eight hundred (56,800) and not more than fifty-six thousand nine hundred (56,900), according to the 2010 or any subsequent federal census;
(AAAAA) A commercially operated facility that:
(i) Is located on approximately fifty-five (55) to seventy-five (75) acres;
(ii) Is located on the banks of the Powell River;
(iii) Has a restaurant that serves a full menu of hot foods at least four (4) days per week, that possesses a full service kitchen which includes at least a stove top, an oven, a refrigerator, and a freezer, that has at least three thousand five hundred square feet (3,500 sq. ft.) inside, that has an outdoor deck of at least one thousand five hundred square feet (1,500 sq. ft.), that has seating inside for at least eighty (80) persons at tables, and that has outside deck seating for at least eighty (80) persons at tables;
(iv) Possesses a beer license;
(v) Makes available kayaks and tubes for rent for floating on the Powell River; and
(vi) Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
(BBBBB)
(i) A commercially operated facility that:
(a) Is located on at least one-half (½) acre of land with at least one hundred sixty feet (160′) of road frontage and is in a building with a convenience store with separate entrances;
(b) Has a restaurant with a license to serve beer, and which serves a full menu of hot foods at least five (5) days per week, except for seasonal closings and renovations, and possesses a full-service kitchen with seating in the main dining area for at least fifty (50) persons at tables, a bar seating area of at least forty (40) persons at the bar and tables, an outdoor patio area with seats and picnic tables for at least forty (40) persons, an outdoor tiki bar with seating for at least eight (8) persons at the bar, and a covered porch off the bar area with at least eight (8) seats, and which hosts live music on a regular weekly basis;
(c) Has an enclosed recreational and events building, with its own entrances, including garage doors, of at least two thousand three hundred square feet (2,300 sq. ft.), which is fully plumbed and in which pool, darts, and corn hole are played, and which hosts various private events and ticketed public events with an admission fee; and
(d) Is located in a county with a population of not less than thirty-two thousand two hundred (32,200) nor more than thirty-two thousand three hundred (32,300), according to the 2010 or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (28)(BBBBB) means any and all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(CCCCC)
(i) A commercially operated facility that:
(a) Is located on at least one hundred seventy-five (175) acres of land that is situated on Pennington Bend adjacent to the Cumberland River;
(b) Serves as a venue for weddings, meetings, tournaments, and events;
(c) Includes an 18-hole golf course, a clubhouse with a restaurant that serves lunch and dinner with seating for at least sixty (60) guests, a golf shop, locker rooms, a covered outdoor pavilion with seating for at least two hundred (200) guests, and meeting rooms;
(d) Is located less than one (1) mile from a hotel containing at least two thousand eight hundred (2,800) rooms, six hundred forty thousand square feet (640,000 sq. ft.) of meeting space, and nine (9) acres of indoor gardens;
(e) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census; and
(f) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(CCCCC) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (28)(CCCCC);
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (28)(CCCCC) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
(iv) Any facility licensed under this subdivision (28)(CCCCC) may seek an additional license as a caterer under § 57-4-102(6); and
(v) Any facility licensed under this subdivision (28)(CCCCC) may hold any of the licenses authorized under this subdivision (28)(CCCCC) and may grant a franchise to one (1) or more entities for any or all such licenses;
(DDDDD)
(i) A commercially operated facility having all of the following characteristics:
(a) The facility is located on approximately three hundred and sixty (360) acres of land that is adjacent to a reservoir of the Tennessee River created by Watts Bar Dam;
(b) The facility is located less than two (2) miles west of an area designated as a wildlife management area by the Tennessee fish and wildlife commission that is open to the public;
(c) The facility is located within five (5) miles of Highway 72 in a county with a population of not less than fifty-four thousand one hundred (54,100) and not more than fifty-four thousand two hundred (54,200), according to the 2010 federal census or any subsequent federal census;
(d) The facility is approximately twelve thousand feet (12,000′) southeast of a private airport identified by the federal aviation administration;
(e) The property that the facility is located on is not less than seven hundred twenty-five feet (725′) above sea level nor more than one thousand feet (1000′) above sea level;
(f) The facility includes a restaurant, day spa, tennis courts, barn, farmhouse, fish pond, boat dock, hiking trails, cottages, and a full service inn, with at least twenty (20) rooms for lodging;
(g) The facility serves as a venue for weddings, meetings, conferences, and events; and
(h) The restaurant at the facility serves breakfast and dinner and caters for events, with seating for at least two hundred (200) guests;
(ii) The premises of any facility licensed under this subdivision (28)(DDDDD) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (28)(DDDDD);
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (28)(DDDDD) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title; and
(iv) The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (28)(DDDDD);
(EEEEE) A commercially operated facility having the following characteristics:
(i) The facility was built in 1894 and has been restored to represent its original features;
(ii) The facility has a seating capacity for approximately one hundred (100) persons;
(iii) The facility is a venue for weddings, receptions, reunions, and other similar events, and opened for business in January of 2017; and
(iv) The facility is located in a county with a population of not less than fifty-two thousand seven hundred (52,700) and not more than fifty-two thousand eight hundred (52,800), according to the 2010 or any subsequent federal census;
(FFFFF) A commercially operated facility possessing each of the following characteristics:
(i) The facility is a restaurant floating on Tims Ford Lake at a commercially operated marina on Sail Away Lane;
(ii) The facility is accessible by both water and land, with docking areas for watercraft and parking areas for vehicles;
(iii) The facility is licensed to sell beer; and
(iv) The facility is located in a county having a population of not less than forty-one thousand (41,000) and not more than forty-one thousand one hundred (41,100), according to the 2010 or any subsequent federal census;
(GGGGG)
(i) A commercially operated recreational facility, whether operated by a corporation, limited liability company, or association, having all of the following characteristics:
(a) The facility is located on Cordell Hull Lake on property leased from the United States army corps of engineers;
(b) The facility has at least one hundred twenty (120) boat slips ranging in size up to sixty feet (60′) in length;
(c) The facility includes a full-service restaurant open to the public;
(d) The facility maintains at least four (4) two-bedroom cabins and at least four (4) hotel rooms available for rent to the public;
(e) [Deleted by the 2022 amendment.]
(f) The facility is located within a county having a population of not less than eleven thousand six hundred (11,600) nor more than eleven thousand seven hundred (11,700), according to the 2010 federal census or any subsequent federal census; and
(g) The facility does not discriminate against any patron on the basis of age, gender, sexual orientation, race, religion, or national origin;
(ii) The premises of any facility licensed under this subdivision (28)(GGGGG) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(HHHHH)
(i) A commercially operated facility that:
(a) Has a full-service restaurant that stands alone, or is part of a larger building or complex, but has its own entrance;
(b) Has a full-service kitchen that possesses at least one (1) of each the following: a stove; an oven; a refrigerator; and a freezer;
(c) Is open at least five (5) days per week, and serves at least twelve (12) meals each week;
(d) Has seating for at least seventy-five (75) persons at tables and has seating in the bar area at the bar, on stools around tables, or chairs around tables;
(e) Is located on at least eighteen (18) acres; and
(f) Is located in a county having a population of not less than thirty-two thousand two hundred (32,200) and not more than thirty-two thousand three hundred (32,300), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (28)(HHHHH) means any or all of the property that constitutes the facility; and
(iii) The property described under this subdivision (28)(HHHHH) may be divided into individual parcels or groups of parcels, and any commercial facility located on any of these parcels that meets the criteria in this subdivision (28)(HHHHH) is deemed to be a premier type tourist resort for purposes of obtaining a license;
(IIIII) A commercially operated facility possessing each of the following characteristics:
(i) The facility is located within six and one-half (6.5) miles of Interstate 24 in any county having a population of not less than thirteen thousand seven hundred (13,700) nor more than thirteen thousand seven hundred fifty (13,750), according to the 2010 federal census or any subsequent federal census;
(ii) The facility is located on Charlie Roberts Road;
(iii) The facility is licensed to sell beer; and
(iv) The facility is a music, concert, and entertainment venue located in a cave that is home to a public television program;
(JJJJJ) A commercially operated restaurant that:
(ii) Has not less than one thousand two hundred ninety-five square feet (1,295 sq. ft.);
(iii) Has seating for not less than thirty-two (32) persons;
(iv) Is located not more than five hundred feet (500′) from Dobbins Branch; and
(v) Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
(KKKKK) A commercially operated facility that:
(ii) Operates a market and country store;
(iii) Is located on approximately three and one-half (3 ½) acres;
(iv) Is located not more than three thousand feet (3,000′) from the junction of the Harpeth River and Wilkie Branch;
(v) Serves prepared food on the premises; and
(vi) Is located in a county with not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 or any subsequent federal census;
(LLLLL) [Deleted by 2021 amendment.]
(MMMMM) A commercially operated facility that:
(i) Is a resort comprised of approximately four hundred sixty (460) acres adjacent to the Cumberland River;
(ii) Operates two (2) eighteen-hole championship golf courses;
(iii) Operates a restaurant that seats forty-six (46) persons;
(iv) Is utilized as a venue for weddings and similar events with garden seating for up to two hundred (200) persons, banquet room seating for up to one hundred fifty (150) persons, and gallery seating for up to sixty (60) persons;
(v) Was originally established in 1986; and
(vi) Is located in a county with a metropolitan form of government and a population of not less than five hundred thousand (500,000) persons, according to the 2010 or any subsequent federal census;
(NNNNN) A commercially operated facility that:
(i) Operates a restaurant with seating for approximately fifty (50) patrons, with an extended porch for additional seating;
(ii) Operates an event center that serves as a venue for weddings, concerts, and similar events;
(iii) Is located within one (1) mile of Dale Hollow Lake, and within one hundred feet (100′) of the Dale Hollow Quarry;
(iv) Is located on approximately eighty-five (85) acres; and
(v) Is located in a county with a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 or any subsequent federal census;
(OOOOO)
(i) A commercially operated facility having all of the following characteristics:
(a) The facility is located on approximately twenty-two (22) acres of land;
(b) The facility is located less than three (3) miles south of an area designated as a state park consisting of approximately nine hundred (900) acres that is open to the public and adjacent to a state forest having at least nine thousand (9,000) acres;
(c) The facility is located within five (5) miles of Interstate 840 in a county with a population of not less than one hundred thirteen thousand nine hundred fifty (113,950) and not more than one hundred forty thousand (140,000), according to the 2010 federal census or any subsequent federal census;
(d) The facility is approximately fifteen thousand feet (15,000 ft.) east of a private motor racing complex originally constructed in approximately 2001 with a seating capacity of more than ten thousand (10,000);
(e) The facility includes a cabin, pier, bridge, amphitheater, commercial kitchen, shop, pond, hall with an adjacent courtyard, a climate-controlled event center, and a manor constructed in the 1830s having at least seven (7) guest rooms for lodging;
(f) The facility serves as a venue for weddings, meetings, conferences, and events; and
(g) The restaurant at the manor serves breakfast and dinner, and caters for events, with seating for at least forty-five (45) guests. The facility has two (2) event centers that can accommodate at least two hundred (200) guests at each center;
(ii) The premises of any facility licensed under this subdivision (28)(OOOOO) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (28)(OOOOO);
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (28)(OOOOO) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
(iv) The requirements of § 57-5-105(b)(1) do not apply to any facility licensed under this subdivision (28)(OOOOO); and
(v) Any facility licensed under this subdivision (28)(OOOOO) may seek an additional license as a caterer pursuant to subdivision (6);
(PPPPP)
(i) A commercially operated facility having all of the following characteristics:
(a) Is located on Norris Lake;
(b) Has a marina with not less than one hundred seventy (170) slips;
(c) Has not less than seven (7) houses and twenty-two (22) floating houses available for rent;
(d) Has a restaurant with indoor and outdoor seating for at least one hundred seventy (170) patrons;
(e) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(f) Is located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census; and
(ii) The premises of any facility licensed under this subdivision (28)(PPPPP) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (28)(PPPPP);
(QQQQQ)
(i) A commercially operated facility having all of the following characteristics:
(a) Operates a hotel with sixteen (16) guest rooms, with each floor other than the first floor equipped with a chef’s kitchen, living room with a fireplace, and dining table;
(b) Operates a catering kitchen for events on the premises;
(c) Has event space of over eight hundred square feet (800 sq. ft.) located on the first and fourth floors;
(d) Is a venue for weddings, dinner parties, business retreats, reunions, and similar events; and
(e) Is located in a city with a metropolitan form of government and a population of not less than five hundred thousand (500,000), according to the 2010 or any subsequent federal census; and
(ii) The premises of any facility licensed under this subdivision (28)(QQQQQ) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises are covered under one (1) license issued under this subdivision (28)(QQQQQ);
(RRRRR)
(i) A commercially operated facility that:
(a) Is an event and music venue that holds concerts and hosts a farmers market;
(b) Is located in a building built in the early 1900s by David Hugh Corlette;
(c) Contains a specialty grocery store and offers fresh food service, with seating for approximately eighteen (18) patrons;
(d) Began operating in August of 2018;
(e) Has approximately three thousand three hundred square feet (3,300 sq. ft.) of commercial floor space;
(f) Sits adjacent to Horton Highway;
(g) Is within five hundred feet (500′) of a community center and artsitorium; and
(h) Is located in a county with a population of not less than one hundred eighty-three thousand one hundred (183,100) and not more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 and any subsequent federal census; and
(ii) The premises of a facility licensed under this subdivision (28)(RRRRR) means any or all of the property that constitutes the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(SSSSS) A commercially operated facility possessing each of the following characteristics:
(i) Has a marina with at least eighty-five (85) boat slips on Dale Hollow Lake at the confluence of the East and West Forks of the Obey River;
(ii) Has a restaurant with seating for approximately eighty (80) patrons;
(iii) Has assorted boats and at least twelve (12) cabins available for rent; and
(iv) Is located in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
(TTTTT) A commercially operated facility possessing each of the following characteristics:
(i) Is located approximately one (1) mile from Dale Hollow Lake, containing an area of ninety (90) acres;
(ii) Has a six-thousand-square-foot barn with a commercial kitchen used for events;
(iii) Has at least two (2) cabins for rent; and
(iv) Is located on Bolestown Road in a county having a population of not less than five thousand (5,000) and not more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census;
(UUUUU) A commercially owned marina containing all of the following characteristics:
(i) Is located on at least twenty-five (25) acres of land located off of Livingston Boat Dock Road in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(ii) Has a two-story restaurant that seats at least one hundred eighty (180) people;
(iii) Has at least three hundred fifty-five (355) boat slips and a full-service marina on Dale Hollow Lake; and
(iv) Includes at least ten (10) rental cabins;
(VVVVV) A commercially owned marina containing all of the following characteristics:
(i) Is located on at least forty (40) acres of land located off of state highway 294 in a county having a population of not less than seven thousand eight hundred fifty-one (7,851) and not more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(ii) Has a restaurant that seats at least fifty (50) people;
(iii) Has approximately three hundred fifty (350) boat slips and a full-service marina on Dale Hollow Lake; and
(iv) Includes at least eleven (11) rental cabins;
(WWWWW)
(i) A commercially operated facility that:
(a) Is located on approximately two hundred seventy (270) acres of land and sits approximately nineteen (19) miles south of highway 24 in a county with a population of not less than forty-five thousand (45,000) and not more than forty-five thousand one hundred (45,100), according to the 2010 and any subsequent federal census;
(b) Is located on property that is separately licensed to produce, bottle, and store distilled spirits;
(c) Is located on property that offers tours and tastings, as well as the retail sale of merchandise and bottles of spirits and contains the global headquarters for a premium Tennessee whiskey company;
(d) Is located on property that includes a welcome center, three (3) tasting rooms, distillery building, barrel storage facilities, a pond, museum, bar, restaurant, commercial kitchen, miniature golf course, and live music venue;
(e) Is located on property that serves as a horse breeding and training facility;
(f) Is located on property that is a production site and a venue for weddings, meetings, conferences, concerts, and special events; and
(g) Has a restaurant that serves lunch and dinner, and caters for events with seating for at least forty-five (45) guests;
(ii) The commission and any beer board having jurisdiction over the facility may issue one (1) or more licenses to one (1) or more different persons or entities that meet the qualifications of this subdivision (28)(WWWWW) provided, that the persons or entities obtaining licenses under this subdivision (28)(WWWWW)(ii) and any manufacturer licensed under § 57-3-202 comply with the requirements of § 57-4-110;
(iii) The premises of a facility licensed under this subdivision (28)(WWWWW) means any or all of the property that constitutes the facility; provided, that the premises must not include the premises of a manufacturer licensed under § 57-3-202 or any other facility licensed under this subdivision (28)(WWWWW), except as authorized pursuant to § 57-4-101(p). The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
(iv) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (28)(WWWWW) means for beer permitting purposes any or all of the property that constitutes the facility; provided, however, that the premises must not include the premises of a licensee under § 57-3-202 or any other facility licensed under this subdivision (28)(WWWWW), except as authorized pursuant to § 57-4-101(p). The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing;
(XXXXX) A commercially operated restaurant, resort, and boat dock with fuel having the following characteristics:
(i) Possesses at least twenty (20) acres of U.S. corps of engineers leased water and water frontage on Old Hickory Lake and two thousand feet (2000′) of river channel at the southeast corner of the confluence of Old Hickory Lake and State Highway 109;
(ii) Has operated for at least sixty (60) straight years on this site;
(iii) Possesses at least sixty-five (65) full service paved camp sites;
(iv) Possesses boat slips for at least two hundred fifty (250) boats; and
(v) Is located on at least ten (10) acres of real property at that site;
(YYYYY) A commercially operated facility that:
(i) Includes an eighteen-hole golf course, a seven-thousand-square-foot clubhouse with a pro shop, banquet room, and restaurant with seating for at least forty (40) patrons;
(ii) Contains at least one hundred (100) acres and less than two hundred (200) acres; and
(iii) Is located less than one (1) mile from Fort Loudon Lake on Kingston Pike in a county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
(29)
(A) “Premises,” when:
(i) Referring to an establishment licensed under this chapter;
(ii) Such establishment is located within an historical district which has been designated as a national historic landmark;
(iii) Such national historic landmark centers around a historic public street or right-of-way;
(iv) Such a public street or right-of-way is closed to motor vehicular traffic, whether permanently or on a regular basis; and
(v) But only to the extent that such premises are located and fronting upon such historic street and not located on or fronting upon another street or right-of-way within such national historic landmark;
includes the area encompassed by the boundaries of the historic district; provided, that the granting of a license for a business location within such historical district shall not preclude the granting of another license to another establishment located within the boundaries of the historic district. This subdivision (29) applies only to counties with a population of more than four hundred thousand (400,000), according to the 1980 census, but those counties having a metropolitan form of government shall be exempt from this subdivision (29). In such county, only for the purposes of the hours of sale provided in § 57-4-203(d)(4), “premises” also includes any establishment located within four (4) blocks west of the western boundary of the historic district and on the same public street or right of way as the historic district; provided, that the requirement of closing the street or right-of-way to motor vehicular traffic on a regular basis shall not apply to the extension of the premises established by this sentence. Within the premises as defined in this subdivision (29)(A), and subject to the municipality’s right of ownership and control and any conditions, rules, or regulations imposed by the city or its designee or by law, alcoholic beverages may also be served to customers seated at tables and chairs contiguous to the outside front wall of a licensee’s building;
(B)
(i) “Premises,” when:
(a) Referring to an establishment licensed under this chapter;
(b) Such establishment is located within a central improvement district; and
(c) The central improvement district is located in a county having a metropolitan government that has a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
includes only the area located between a convention center, its designated convention center hotel, and a museum that is attached to the convention center hotel; and the one (1) block of public roadway on Fifth Avenue between Demonbreun Street and Korean Veterans Boulevard; and
(ii) This subdivision (29)(B) shall only be effective in any county upon the adoption of a resolution by a majority vote of the local legislative body approving the use of this definition of “premises”;
(C) “Premises,” when:
(i) Referring to one (1) or more establishments licensed under this chapter, or a manufacturer exercising the rights granted to it under § 57-3-202(i)(1); and
(ii) Such establishments are located:
(a) Within a home rule municipality in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
(b) Within or adjacent to an area that is a five hundred seventy-five foot (575′) paver lined street with a right of way that is approximately forty feet (40′) wide extending from Market Street on the western boundary to Rossville Avenue on the eastern boundary; that is bordered along its northern boundary by a historic railroad terminal station that has been listed on the National Register of Historic Places since 1974; and that is bordered along its northern boundary by property zoned for urban-industrial mixed use and along its southern boundary by property that is zoned for urban-commercial mixed use;
includes the area described in subdivision (29)(C)(ii)(b). The granting of a license for a business located within or adjacent to the boundaries of the area described in subdivision (29)(C)(ii)(b) does not preclude the granting of another license to another establishment located within or adjacent to such area;
(D) “Premises,” when:
(i) Referring to one (1) or more establishments licensed under this chapter; and
(ii) Such establishments are located:
(a) Within a municipality with a population of not less than one hundred thirty-two thousand nine hundred twenty (132,920) and not more than one hundred thirty-two thousand nine hundred twenty-nine (132,929), according to the 2010 and any subsequent federal census; and
(b) Within or adjacent to an area that begins at the northeast intersection of 3rd Street and Main Street, running west to the northeast intersection of Main Street and 2nd Street, north along 2nd Street to the southeast corner of 2nd Street and College Street, southwest along College Street to the southwest intersection of 1st Street and College Street, south on 1st Street to the southwest intersection of 1st Street and Franklin Street, east along Franklin Street to the southeast intersection of Franklin Street and 3rd Street, north to the point of beginning at the northeast intersection of 3rd Street and Main Street, including the pedestrian bridge at College Street and Riverside Drive and along the Clarksville Riverwalk through and including McGregor Park to the end of the Riverwalk at the confluence of the Cumberland and Red Rivers;
includes the area described in subdivision (29)(D)(ii)(b). The granting of a license for a business located within or adjacent to the boundaries of the area described in subdivision (29)(D)(ii)(b) does not preclude the granting of another license to another establishment located within or adjacent to such area;
(E) “Premises,” when:
(i) Referring to one (1) or more establishments licensed under this chapter that are located within an area licensed either by a nonprofit organization pursuant to subdivision (34)(I) or a person, firm, or corporation with a festival operator license issued pursuant to subdivision (16) for the event in question; and
(ii) The establishments have been included in a list provided to the commission by the licensed nonprofit organization or festival operator of the participating establishments;
includes the area licensed pursuant to subdivision (34)(I) or subdivision (16), during the period in which such license is valid, for the sole purposes of on-premises consumption. The participating establishments shall serve alcoholic beverages and beer in a glass or cup identifying the entity selling the alcoholic beverages or beer for on-premises consumption pursuant to this subdivision (29)(E). Notwithstanding another law to the contrary, it is not a violation of this state’s laws for persons to cross state lines with alcoholic beverages or beer solely for personal consumption when that is done at an event approved by the commission that borders the state line and such contiguous state has also approved the open carrying of alcoholic beverages or beer for personal consumption with regard to that same event;
(30) “Public aquarium” means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics:
(A) The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. ft.) of interior space;
(B) The exhibits containing live aquatic animals for public viewing contain a minimum total of five hundred thousand gallons (500,000 gals.) of water as the living environment of the animals; and
(C) The public aquarium is located in a county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census;
(31)
(A) “Restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An establishment shall be eligible for licensure as a restaurant in accordance with this part, if the establishment is open at least three (3) days a week, with the exception of holidays, vacations, periods of redecorating and seasonal closings, and more than fifty percent (50%) of the gross revenue of the restaurant is generated from the serving of meals. As used in this subdivision (31), “seasonal closing” means the period from November 1 to March 1 or a period of time, if different from such dates, as filed by the restaurant with the alcoholic beverage commission;
(B) “Restaurant” also means any bowling center that was licensed as of January 1, 1983, to sell alcoholic beverages for consumption on the premises;
(C) In counties with a population of more than three hundred nineteen thousand six hundred twenty-five (319,625), according to the 1980 census, but excluding those counties having a metropolitan form of government:
(i) Within a national historic landmark district or urban park center, as defined by this section, or within an easement area granted to a municipality for commercial recreation and commercial recreation facilities from the Tennessee Valley authority in the Fort Loudoun Reservoir:
(a) Restaurant licensees shall not be required to meet any requirements of this section which make food service, maintenance of a kitchen, or a dining room a prerequisite to the issuance of a restaurant permit to serve liquor by the drink; and
(b) Notwithstanding any law to the contrary, restaurant licensees may enter into leases with municipal landowners in which gross sales, which may include or exclude liquor sales, are considered in the determination of a percentage rent or other rent calculation provision; and
(ii) Within a sports authority facility, as defined in this section, restaurant licensees shall not be required to meet any of the requirements of subdivision (31)(A) which make food service, maintenance of a kitchen, or a dining room a prerequisite for the issuance of a permit to serve liquor by the drink;
(D) Notwithstanding the minimum seating capacity established in subdivision (31)(A), for the purpose of a permit to serve wine, “restaurant” means any lodge or resort with sleeping accommodations where meals are served that is located on land which is owned by the United States department of the interior, is operated by the national park service or its agents or contractors and is located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census;
(E) “Restaurant” also means a facility located in any municipality having a population in excess of one hundred thousand (100,000), according to the 1990 federal census, or any subsequent federal census, in which coffees, teas, pastries, and other foodstuffs are offered for sale for consumption on the premises, which facility has a seating capacity of at least thirty (30) seats and which facility obtains at least fifty percent (50%) of its annual gross sales from the sale of coffees, teas and pastries. Any restaurant licensed under this subdivision (31)(E) shall be authorized to sell alcoholic beverages for consumption on the premises only when such beverages are mixed with coffees, teas and other beverages. A restaurant licensed under this subdivision (31)(E) need not meet the requirement of subdivision (31)(A);
(F) “Restaurant” also means a facility:
(i) Located within one-half (½) mile of the railroad tracks in the unincorporated area of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census;
(ii) Whose primary source of income is from serving meals to its patrons, both indoors and out-of-doors, and has a total seating capacity of at least seventy-five (75) people at tables;
(iii) Located in a building having a total square footage of at least two thousand five hundred square feet (2,500 sq. ft.) which was constructed prior to 1925; and
(iv) Which is located on a site used during the Civil War or within two (2) miles of two (2) or more Civil War sites, or is within one and one-half (1 ½) miles of a home that was built in 1884, and which is preserved as the area’s best example of the Queen Anne and Eastlake architectural styles;
(G) “Restaurant” also means a facility:
(i) Located on Highway 243 in a county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census;
(ii) That has seating for not more than one hundred forty (140) people;
(iii) That has a music and entertainment orientation;
(iv) Whose primary source of income is derived from serving meals to its patrons;
(v) That has a historic working original malt and soda fountain;
(vi) That is located in a historical structure formerly used as a town hall as well as a practice venue for Grand Ole Opry hopefuls; and
(vii) That does not discriminate against any patron on the basis of age, gender, race, religion or origin;
(H)
(i) Restaurant also means a facility that:
(a) Is owned, operated or leased by a for-profit organization organized under the laws of this state;
(b) Does not discriminate against any patron on the basis of gender, race, religion or national origin;
(c) Provides food service to the public or for private events and catering with seating capacity for at least two hundred fifty (250) persons at tables, whether or not the seating is inside or on a deck or patio;
(d) Is open at least five (5) days a week serving two (2) meals daily with the exception of holidays, vacations, seasonal conditions and periods of redecorating, with suitable kitchen, dining facilities and equipment;
(e) Is in the center of a full service marina and resort located on the Tennessee River at mile marker 477.5; which full service marina has at least six hundred (600) dry storage slips and wet slips up to eighty feet (80′) that offers two (2) cabins completely furnished and an inn with twelve (12) rooms that overlooks the Tennessee River; and
(f) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(ii) A restaurant under this subdivision (31)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than § 57-4-103;
(I) “Restaurant” also means a facility:
(i) Located on State Route 46, Old Hillsboro Road, in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
(ii) Which is located 1.66 miles from the Natchez Trace Parkway Exit off of Pinewood Road;
(iii) Whose primary source of income is from serving meals to its patrons;
(iv) Which first opened as a restaurant in 1968;
(v) Which does not operate as a grocery store; and
(vi) Which does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(J) “Restaurant” also means a facility that:
(i) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(ii) Is a twenty-four-hour-a-day diner;
(iii) Is located in a central business improvement district as of 2017;
(iv) Serves full meals and has a full-time kitchen staff, twenty-four (24) hours a day;
(v) Holds a valid license from the commission;
(vi) Is located in a separate, unattached building;
(vii) Does not permit live music or entertainment, nor share walls with any establishment offering live music or entertainment; and
(viii) Has six (6) floors and at least seventeen thousand square feet (17,000 sq. ft.);
(K) “Restaurant” also means a facility that:
(i) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(ii) Is situated to the east and to the west of the Cumberland River in Pennington Bend;
(iii) Is located approximately two thousand feet (2,000′) to the northwest of a resort and convention center;
(iv) Is a venue for live music;
(v) Has an outdoor deck that is approximately three thousand square feet (3,000 sq. ft.); and
(vi) Operates a restaurant that is approximately eight thousand square feet (8,000 sq. ft.) with a seating capacity of approximately two hundred fifty (250);
(L) “Restaurant” also means a facility that:
(i) Began operating on September 5, 2018;
(ii) Has a seating capacity for patrons of approximately one hundred forty (140);
(iii) Is located on Hixson Pike within one thousand five hundred feet (1,500′) of Dallas Bay on the Tennessee River and within six thousand feet (6,000′) of Chester Frost Park;
(iv) Is approximately two thousand square feet (2,000 sq. ft.); and
(v) Is located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census;
(M)
(i) A “restaurant” also means a commercially operated facility that:
(a) Is located in a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(b) Is located on the western bank of the Cumberland River;
(c) Once housed a full-service radio studio, which was removed in 2016;
(d) Serves as a venue for live music, dancing, banquets, meetings, and other events, and opened to the public in June 1994; and
(e) Has three (3) floors, at least sixty-six thousand (66,000) square feet, and a seating capacity for at least two thousand (2,000) guests;
(ii) A restaurant under this subdivision (31)(M) is not required to meet any gross revenue percentage requirements for food service as a prerequisite to the issuance of a restaurant license to serve liquor by the drink; provided, however, that a restaurant applying for the renewal of its license under this subdivision (31)(M) shall pay the appropriate license fee due under § 57-4-301(b)(1)(W) when the gross revenue from the previous year derived from food sales is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages;
(iii) The premises of any facility licensed under this subdivision (31)(M) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises is covered under one (1) license issued under this subdivision (31)(M);
(iv) Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (31)(M) means, for beer permitting purposes, any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises is covered under one (1) beer permit issued under chapter 5 of this title;
(v) Any facility licensed under this subdivision (31)(M) may seek an additional license as a caterer under § 57-4-102(6);
(vi) Any facility licensed under this subdivision (31)(M) may hold any of the licenses authorized under this subdivision (31)(M) and may grant a franchise to one (1) or more entities for any or all such licenses;
(32)
(A) “Retirement center” means a facility that contains each of the following characteristics:
(i) The center is located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
(ii) The center is located on a single parcel of land not less than forty eight (48) acres and not more than forty-nine (49) acres in area;
(iii) The center will consist of individual living unit apartments, individual living unit villas, an assisted living facility, a nursing home facility, a club house and common areas;
(iv) The center will have a club house that houses a health club, game room, lounge and a dining facility;
(v) The center’s lounge in the club house will offer to the center’s residents and their guests only food, nonalcoholic beverages, mixed alcoholic drinks, wine and beer, as well as make available in the dining facility and other areas within the center’s property, for the center’s residents and guests only, mixed alcoholic drinks, wine and beer; and
(vi) The center does not discriminate against any patron on the basis of gender, race, religion or national origin;
(B) “Retirement center” also means a facility that contains each of the following characteristics:
(i) The center is located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census;
(ii) The center will consist of recreational areas, a fitness center, a dining room with seating for at least one hundred fifty (150) people and a lounge area, and at least one hundred (100) individual living unit apartments;
(iii) The center will have a facility of at least one hundred five thousand square feet (105,000 sq. ft.) and is located on approximately eight (8) acres near the corner of Fort Henry Drive and Holston Hills Drive; and
(iv) The center’s lounge area will offer, to the center’s residents and their guests only, food, nonalcoholic beverages, mixed alcoholic drinks, wine, and beer, as well as make available in the dining room and other areas within the center’s property, for the center’s residents and guests only, mixed alcoholic drinks, wine, and beer;
(33) “Special historic district” means any area with specific boundaries that possesses the following characteristics:
(A) Was organized pursuant to a municipal urban planning and development board;
(B) Contains within such special historic district an historic district listed on the national register of historic places;
(C) Is located on a trolley line; and
(D) Is located in any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census;
(34)
(A) “Special occasion license” means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. Such license shall be issued for no longer than one (1) twenty-four-hour period, subject to the limitations of hours of sale which may be imposed by law or regulation, and such license may be issued in advance of its effective date;
(B) If a bona fide charitable or nonprofit organization owns and maintains a permanently staffed facility which:
(i) Is used for the periodic showing or exhibition of animals;
(ii) Has a seating capacity of not less than twenty-five thousand (25,000) persons; and
(iii) Has a separate permanently constructed clubhouse or meeting room located on the grounds,
then a special occasion license may be issued for use at the clubhouse or meeting room for the duration of the particular show or exhibit for which application is made, and such organization shall not be subject to the numeric limitation contained in the last sentence of this subdivision (34). This license shall only be available upon the payment of the fee as required by law for each separate day of the show;
(C) Such license shall not be issued unless and until there shall have been paid to the commission for each such license a license fee of one hundred dollars ($100), and there shall have been submitted an application which designates the premises upon which alcoholic beverages shall be served. No such charitable, nonprofit or political organization shall be eligible to receive more than sixteen (16) special occasion licenses in any calendar year;
(D) A special occasion license under this section may also be issued to a nonprofit historical society for the purpose of serving complimentary samples of homemade wine manufactured in the Swiss tradition by a society member or members, the complimentary samples not to exceed one ounce (1 oz.) per wine type per person to be served at an annual festival conducted by a society celebrating the Swiss heritage at a farm museum in any county having a population of not less than fourteen thousand three hundred (14,300) nor more than fourteen thousand four hundred (14,400), according to the 2000 federal census or any subsequent federal census;
(E) Any entity holding a special occasion license issued under this subdivision (34) or members of the licensee may transport wine and other alcoholic beverages to the location for which the special occasion license is issued;
(F) “Special occasion license” also means a license, issued by the commission, to a bona-fide charitable organization, recognized as exempt from taxation by the internal revenue service pursuant to § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), which organization has been in continuous operation as a tax-exempt entity for at least twenty (20) years, and which organization has an annual budget of at least one million dollars ($1,000,000). A special occasion license issued pursuant to this subdivision (34)(F) shall be authorized to sell wine in closed containers for consumption on or off the premises notwithstanding the restrictions of § 57-4-203. Any licensee holding a license issued pursuant to § 57-3-202, § 57-3-203, § 57-3-204, § 57-3-207, § 57-3-605 or § 57-4-101 may donate wine to an organization holding a special occasion license issued pursuant to this subdivision (34)(F) for an event conducted by the special occasion licensee. Any resident of Tennessee may donate wine, which brand of wine has been registered pursuant to § 57-3-301, to an organization holding a special occasion license issued pursuant to this subdivision (34)(F) for sale or consumption at an event conducted by the special occasion licensee;
(G) A special occasion license under this section may also be issued to a bona fide charitable organization that benefits charities which support women and children in Middle Tennessee and which:
(i) Holds the event in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, on property used as a veterinary clinic located on a six and sixty-five one hundredths (6.65) acre lot that shares a common boundary between a municipality and the unincorporated area of such county;
(ii) Jurisdictions within the boundaries of such county have by referendum adopted both the sale of alcoholic beverages at retail package stores and for consumption on the premises;
(iii) Is a one-day annual event restricted to persons twenty-one (21) years of age or older;
(iv) Holds a grape stomp contest with teams made up of four (4) stompers and one (1) swabbie, who collects the juice created by the stompers in a jar, with the team producing the most juice winning the contest;
(v) Includes numerous food vendors;
(vi) Has wine and spirits tastings; and
(vii) Where alcoholic beverages are served but not sold;
(H) A special occasion license under this section may also be issued to a nonprofit community association for the purpose of serving samples of wine to persons holding a presold ticket for an annual fundraiser, the samples not to exceed two ounces (2 oz.) per wine per person to be served at the annual fundraiser conducted by the community association in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census. The fundraiser shall be an insured event with at least ten (10) wineries or restaurants participating in the event and food shall be available to attendees;
(I)
(i) An entity applying for a license under this subdivision (34) may specify in the application an area within the designated licensed premises in which establishments licensed under this chapter located in such area may allow purchasers of alcoholic beverages or beer within the establishment to consume the alcoholic beverages or beer anywhere within such designated area pursuant to subdivision (29)(E). An entity designating such a premises pursuant to this subdivision (34)(I) may, but is not required to, sell alcoholic beverages for consumption within such area in addition to the sale of alcoholic beverages by establishments licensed under this chapter located within such area. An entity designating such an area shall:
(a) Obtain, and provide to the commission, approval from the city or county within which the designated area is located for alcoholic beverages and beer to be consumed anywhere within such designated area. Such approval may specify requirements or restrictions the city or county may place, including the times in which consumption on public property is authorized, the security that must exist during such event, and other requirements or restrictions that are deemed necessary for purposes of public health, safety, or welfare; and
(b) Provide to the commission a list of all establishments licensed pursuant to this chapter who will participate in the event and allow customers to consume alcoholic beverages and beer within the designated area pursuant to this subdivision (34)(I) and subdivision (29)(E). This list may be updated prior to the start of the event for which the nonprofit entity has obtained a license under this subdivision (34)(I); and
(ii) Notwithstanding another law to the contrary, it is not a violation of this state’s laws for persons to cross state lines with alcoholic beverages or beer solely for personal consumption when that is done at an event approved by the commission that borders the state line and such contiguous state has also approved the open carrying of alcoholic beverages or beer for personal consumption with regard to that same event;
(35)
(A) “Sports authority facility” means a facility possessing the following characteristics:
(i) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity;
(ii) The facility is designed and used for presentation of professional sporting events and other activities, such as amateur sporting events, recreational activities and entertainment events and activities, and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate liquor by the drink as well as food patronage;
(iii) A major or minor league professional baseball (American, National, or Minor League), football (National Football League), basketball (National Basketball Association), hockey (National Hockey League), or soccer (Major League Soccer) franchise has entered into a long-term agreement to play its home games in the facility; and
(iv) The facility is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(B) “Sports authority facility” also means a facility possessing the following characteristics:
(i) The facility includes a stadium that was constructed in 1997 and that has a seating capacity of twenty thousand (20,000) or more;
(ii) The facility is designed and used for sporting and other municipal events;
(iii) The facility is located in a home rule municipality located in a county with a population of not less than three hundred thirty-six thousand four hundred (336,400) and not more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census; and
(iv) The facility is located not more than one-half (1/2) mile from the Tennessee River;
(C) “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a public university campus located in any county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(D) “Sports authority facility” also means any facility that is designed and used for school-sanctioned public sporting events on a four-year public university campus located in any county having a population of not less than two hundred sixty-two thousand six hundred (262,600) nor more than two hundred sixty-two thousand seven hundred (262,700), according to the 2010 federal census or any subsequent federal census;
(E) “Sports authority facility” also means any facility on the campus of a public or private institution of higher education that is designed and used for sporting events sanctioned by the institution;
(F)
(i) “Sports authority facility” also means a facility that:
(a) Is a professional motorsports speedway complex with a speedway approximately one-half (½) of a mile in length and a seating capacity of approximately one hundred sixty thousand (160,000);
(b) Includes a dragstrip complex adjacent to the speedway with a dragstrip approximately one-quarter (¼) of a mile in length and that contains stadium seating and at least twenty (20) suites; and
(c) Is located in a city with a population of not less than twenty-six thousand seven hundred (26,700) and not more than twenty-six thousand seven hundred nine (26,709), according to the 2010 federal census and any subsequent federal census; and
(ii) The premises of any facility licensed under this subdivision (35)(F) includes all of the property constituting the facility. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(G) “Sports authority facility” also means any facility located in any county with a metropolitan form of government that has a population of not less than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, and that is equipped with two (2) or more ice rinks designed and used for various hockey and figure skating programs for children and adults that are supervised by a major or minor league professional hockey franchise;
(H) “Sports authority facility” also means a facility that:
(i) Is designed and used for professional sporting events and other entertainment activities;
(ii) Has a seating capacity in excess of two thousand five hundred (2,500); and
(iii) Is located within one-half (0.5) mile of Interstate 75 in a municipality having a population not less than twenty thousand nine hundred (20,900) and not more than twenty-one thousand (21,000), according to the 2010 or any subsequent federal census;
(36) “Suite” means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee’s guests;
(37) “Tennessee River resort district” means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to § 67-6-103(a)(3)(F); provided, that for the purposes of this chapter, such district shall only extend inland for three (3) miles from the nearest bank of the Tennessee River. No entity licensed to sell alcoholic beverages within the boundaries of any such resort district shall discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(38) “Terminal building of a commercial air carrier airport” means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and:
(A) Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to § 42-4-105; or
(B) Is located in a municipality where this chapter has become effective in that municipality;
(39)
(A) “Theater” means any establishment in which motion pictures are exhibited to the public regularly for a charge. Such theater shall have an area that is enclosed by glass and which is accessed through a set of double doors by patrons who must be twenty-one (21) years of age or older to enter. Such theater shall be part of a retail and entertainment complex located one (1) block from a historical district that has been designated as a national historic landmark that centers around a public street or right-of-way. Such theater shall be located in a county having a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census;
(B) “Theater” also means any establishment in which motion pictures are exhibited to the public regularly for a charge and which possesses the following characteristics:
(i) Is a twelve (12) auditorium theater that is one hundred percent (100%) digital;
(ii) Is certified by the United States Green Building Council as the nation’s first stand-alone theater boasting energy and environmental sensitive design;
(iii) Has one (1) auditorium restricted to patrons twenty-one (21) years of age or older; and
(iv) Is located downtown near a river in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(C) “Theater” also means an establishment in which motion pictures are exhibited to the public regularly for a charge. The theater shall have a local beer permit for on-premises consumption. The theater shall regularly serve prepared food to patrons and each auditorium in which alcoholic beverages may be consumed shall allow dining at each seat in the auditorium. Prior to making a sale of any alcoholic beverage, a valid, government-issued document, such as a driver license or other form of identification deemed acceptable to the license holder that includes a photograph and date of birth of the adult consumer attempting to make the purchase, shall be produced to the licensee. The theater shall also periodically visually monitor all auditoriums in which alcoholic beverages are permitted and each beverage containing an alcoholic beverage shall be distinct from any other container used to serve nonalcoholic beverages;
(40)
(A) “Urban park center” means a facility or designated area possessing the following characteristics:
(i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
(ii) The center is designed to contain outdoor recreational facilities, public museum buildings, exhibition buildings, retail sales areas, retail food dispensing outlets including, but not limited to, sale of package alcoholic and malt beverages, and restaurant areas to accommodate liquor-by-the-drink as well as food patronage; and
(iii) The center is located in a municipality or county having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent census;
(B)
(i) “Urban park center” also means an outdoor fixed structure amphitheater utilized as a performance venue, containing fixed seating for at least five thousand one hundred (5,100) persons. Such facility or designated area shall be secured by adequate perimeter fencing.
(ii) This subdivision (40)(B) applies in any county with a metropolitan form of government with a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(C) “Urban park center” also means a facility or designated area that possesses the following characteristics:
(i) Consists of at least two (2) theater spaces in which live theater, concerts, and films are presented;
(ii) Contains at least ten thousand square feet (10,000 sq. ft.);
(iii) Contains permanent fixed seating for at least three hundred forty-nine (349) persons;
(iv) Contains one (1) performance space constructed prior to 1930 that contains a stage with a fly tower for stage rigging with a height of at least thirty feet (30′);
(v) Is operated by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code, § 501(c)(3) (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school;
(vi) A major street is located not more than one hundred feet (100′) from the nearest exterior wall of such facility or designated area; and
(vii) Is located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(D) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is owned, operated or leased by a municipal or county government, or any agency or commission thereof;
(ii) Has an outdoor fixed structure amphitheater utilized as a performance venue;
(iii) Provides or leases facilities for concerts, plays and programs of cultural, civic and educational interest; and
(iv) Is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
(E) “Urban park center” also means a facility or designated area that possesses each of the following characteristics:
(i) Is owned and maintained by a bona fide charitable or nonprofit organization;
(ii) Is used for the periodic showing or exhibition of animals;
(iii) Has a seating capacity of not less than twenty-five thousand (25,000) persons;
(iv) Includes an arena and a permanently constructed clubhouse or meeting room located on the grounds; and
(v) Is located in any county having a population of not less than forty-five thousand (45,000) nor more than forty-five thousand one hundred (45,100), according to the 2010 federal census or any subsequent federal census;
(F)
(i) “Urban park center” also means a facility or designated area possessing each of the following characteristics:
(a) Is located on a tract or tracts of land having at least five (5) contiguous acres;
(b) Is located directly adjacent to property owned or leased by an airport authority created under state law;
(c) Has an enclosed facility or designated area of at least twenty thousand square feet (20,000 sq. ft.) and one (1) room with more than fourteen thousand square feet (14,000 sq. ft.);
(d) Has an exterior garden or gardens with sculpture;
(e) Is leased or owned by a not-for-profit corporation that qualifies under § 501(c)(3) of the Internal Revenue Code; and
(f) Is located within a county having a metropolitan form of government with a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(ii) An urban park center licensed under this subdivision (40)(F) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (40)(F). The premises of an urban park center under this subdivision (40)(F) shall include all enclosed and outdoor areas of the property described in this subdivision (40)(F);
(G) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located in a building constructed in 1883 that was originally used as a flour mill and eventually became a cannery;
(ii) Is an entertainment complex open to the public with three (3) facilities used for live music performances;
(iii) Serves or sells food to patrons;
(iv) Is approximately fifty-two thousand square feet (52,000 sq. ft.); and
(v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(H) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located approximately two (2) blocks from Interstate 40;
(ii) Is located in a building constructed in the 1920s as an automobile factory;
(iii) Is located in a building remodeled in 2011 as a live music venue open to the public;
(iv) Serves or sells food to patrons; and
(v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(I) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located in the historic Elliston Place neighborhood;
(ii) Is located approximately three (3) blocks from a private university and approximately one (1) block from a nonprofit hospital;
(iii) Serves or sells food to patrons;
(iv) Was opened to the public in 1971 as a live music venue;
(v) Has a stage that is four feet (4′) high and has an indoor balcony; and
(vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(J) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located on 8th Avenue approximately one (1) block from Interstate 65;
(ii) Is a live music venue that opened to the public in 2001;
(iii) Is located beneath an independent and nationally acclaimed record store;
(iv) Serves or sells food to patrons;
(v) Is approximately one thousand eight hundred square feet (1,800 sq. ft.); and
(vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(K) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located on Forrest Avenue across from a branch of a public library;
(ii) Is a live music venue that promotes local artists that opened to the public in 2003;
(iii) Serves or sells food to patrons;
(iv) Is approximately two thousand seven hundred square feet (2,700 sq. ft.) and has an enclosed exterior patio; and
(v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(L) “Urban park center” also includes a facility or designated area possessing each of the following characteristics:
(i) Is located on First Avenue South;
(ii) Is owned, operated, or leased by a governmental entity;
(iii) Is a facility or designated area designed and used for the presentation of live outdoor music and other events and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate sales of alcoholic beverages and food; and
(iv) Is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(M)
(i) “Urban park center” also includes a facility possessing each of the following characteristics:
(a) Is located on a tract or tracts of land having at least fifty (50) contiguous acres;
(b) A state highway is not more than seven hundred fifty feet (750′) from the nearest property line;
(c) A commercial railroad track is not more than seven hundred fifty feet (750′) from the nearest property line;
(d) Is adjacent to a municipal park having over one thousand nine hundred (1,900) acres;
(e) Has an art museum that was originally constructed prior to 1935 as a private residence;
(f) Has exterior gardens with a stream or streams, pools, fountains, and a stone grotto;
(g) Has a woodland sculpture trail that is over one (1) mile in length;
(h) Is leased or owned by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code § 501(c)(3), (26 U.S.C. § 501(c)(3)) ; and
(i) Is located within a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(ii) An urban park center licensed under this subdivision (40)(M) shall have the privilege of granting a franchise pursuant to a written contract for a period of not less than one (1) year for the provision of food or beverage, including alcoholic beverages, on the premises of the urban park center, and the holder of such franchise shall be disclosed to the commission consistent with the disclosures made by the licensee and shall also be considered an urban park center under this subdivision (40)(M). The premises of an urban park center licensed under this subdivision (40)(M) shall include all enclosed and outdoor areas of the property described in this subdivision (40)(M);
(N)
(i) “Urban park center” also includes a commercially operated facility having all of the following characteristics:
(a) The facility is located on approximately one and seven-tenths (1.7) acres of land and has approximately thirty-eight thousand one hundred thirty-five square feet (38,135 sq. ft.) of interior space;
(b) The facility is located no more than ten thousand one hundred feet (10,100′) from a federal interstate highway and less than three thousand two hundred feet (3,200′) west of a commercial railroad track. The structure must be not less than two hundred seventy feet (270′) and not more than three hundred feet (300′) above sea level. The structure must have been originally constructed in 2017;
(c) The facility is located on a property that is adjacent to the intersection of Madison Avenue and Cooper Street;
(d) The property that the facility is located on must have previously housed a structure used as a hotel business that was demolished in 2015;
(e) The facility must be approximately one thousand six hundred eighty feet (1,680′) to the south of a public park located on approximately three hundred forty-two (342) acres and that has a zoo that is accredited by the Association of Zoos and Aquariums that is open to the public;
(f) The facility consists of at least five (5) studio spaces in which live dance is performed, rehearsed, and instructed;
(g) The facility is operated by a not-for-profit corporation that qualifies as tax exempt under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), and such facility or designated area is not a religious organization or a secondary or elementary school; and
(h) The facility is located in a county with a charter form of government having a population of not less than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (40)(N) shall mean any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The entire designated premises shall be covered under one (1) license issued under this subdivision (40)(N);
(iii) Notwithstanding chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (40)(N) shall mean, for beer permitting purposes, any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. The entire designated premises shall be covered under one (1) beer permit issued under chapter 5 of this title; and
(iv) An urban park center licensed under this subdivision (40)(N) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (40)(N);
(O) “Urban park center” also means:
(i) A commercially operated facility having all of the following characteristics:
(a) The facility is located on land that is between one and one-half (1½) acres and that is adjacent to land owned by the electric power board of a county with a metropolitan form of government;
(b) The facility has at least two (2) permanent structures constructed before 1978 and at least twenty-five thousand square feet (25,000 sq. ft.) of climate controlled space;
(c) The facility formerly housed a custom car design business that had been serving the automotive community since 1968;
(d) The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(e) The facility is approximately five thousand ninety feet (5,090′) to the northeast of a federal interstate highway;
(f) The facility is approximately five thousand nine hundred sixty feet (5,960′) to the northwest of a navigable waterway; and
(g) The facility is approximately three hundred fifty feet (350′) to the southwest from the main building of a high school that was originally constructed before 1933;
(ii) The premises of any facility described under this subdivision (40)(O) means any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. An urban park center, as described in subdivision (40)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including alcoholic beverages, on its premises. A franchisee is deemed to be an urban park center under this subdivision (40)(O) and shall apply for and hold a license under this subdivision (40)(O). The commission shall enforce chapter 4 of this title against each franchisee as a licensee under this subdivision (40)(O) and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the commission may determine which franchisee to cite for an underage sale. If the commission is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the commission may issue a citation to one (1) or more franchisees that share the common space where the violation occurred;
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility described under this subdivision (40)(O) means, for the purpose of obtaining a beer permit, any or all of the property that constitutes the facility, including all buildings and outdoor areas between and around those buildings. The beer permittee shall designate the premises to be licensed by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing. An urban park center, as described in subdivision (40)(O)(i), may grant a franchise to one (1) or more entities authorizing such an entity to provide food or beverages, including beer, on its premises. A franchisee is deemed to be an urban park center under this subdivision (40)(O) and shall apply for and hold a beer permit. The beer board shall enforce chapter 5 of this title against each franchisee as a beer permittee and shall not cite, penalize, or take any other adverse action against a franchisee for any violation committed by another franchisee on the licensed premises. There is a rebuttable presumption of liability for a specific franchisee for any underage sale based on the specific type of glass or the brand on the cup provided to the minor. In the absence of a glass or cup identifying the franchisee, the beer board may determine which franchisee to cite for an underage sale. If the beer board is unable to determine which franchisee committed the violation after conducting a reasonable investigation, the beer board may issue a citation to one (1) or more franchisees that share the common space where the violation occurred; and
(iv) The licensee described in subdivision (40)(O)(i) and any franchisee licensed under this subdivision (40)(O) may store beer and alcoholic beverages in a central storage location in the facility. Each licensee shall store its inventory of beer and alcoholic beverages in a separately locked cage or other storage area;
(P)
(i) “Urban park center” also means a facility or designated area having all of the following characteristics:
(a) The easternmost corner of the structure that houses the facility is approximately one thousand four hundred feet (1,400′) southwest of a public park that is adjacent to a navigable waterway;
(b) The easternmost corner of the structure that houses the facility is approximately one thousand one hundred feet (1,100′) southeast of a public park that is adjacent to a public library constructed in 2001;
(c) The easternmost corner of the structure that houses the facility is approximately five hundred feet (500′) northwest of a public park that contains a walkway recognizing professionals in the music industry;
(d) The easternmost corner of the structure that houses the facility is approximately one thousand five hundred feet (1,500′) southwest of a railway station providing commuter rail service that employs standard gauge locomotives and coaches;
(e) The property that houses the facility is across a public street from a live performance venue that was originally constructed in 1892 as a religious facility;
(f) The property that houses the facility is adjacent to a facility originally constructed in 1925 that houses the Grand Lodge of Free and Accepted Masons of Tennessee;
(g) The facility is located in a mixed used development located at the intersection of a federal highway and a municipal street;
(h) The facility is owned, operated, or leased by a bona fide charitable or nonprofit organization;
(i) The facility occupies no less than fifty thousand square feet (50,000 sq. ft.) of commercial space used as a museum that offers informational and educational programming to the community, features historical exhibits, live and pre-recorded music, and may be utilized for public and private occasions, weddings, community meetings, corporate functions, and other events;
(j) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(k) The facility is located in a county with a metropolitan form of government having a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (40)(P) means any or all of the property that constitutes the facility. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (40)(P) means for beer permitting purposes any or all of the property that constitutes the facility. The beer permittee shall designate the premises to be permitted by the local beer board by filing a drawing of the premises, which may be amended by the beer permittee filing a new drawing; and
(iv) An urban park center licensed under this subdivision (40)(P) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise is deemed to be an urban park center under this subdivision (40)(P);
(Q)
(i) “Urban park center” also includes a facility possessing each of the following characteristics:
(a) Is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
(b) Has an outdoor fixed-structure stage utilized as a performance venue;
(c) Provides or leases facilities for concerts, plays, and programs of cultural, civic, and educational interest; and
(d) Is located in a municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by § 57-3-106, and that has a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census; and
(ii) This subdivision (40)(Q) only applies in a city with a population of not less than four thousand fifty (4,050) and not more than four thousand fifty-nine (4,059), according to the 2010 federal census and any subsequent federal census upon the adoption of an ordinance by a two-thirds (2/3) vote of its governing body;
(R)
(i) “Urban park center” also means a facility possessing each of the following characteristics:
(a) Provides or leases facilities for flea markets, fairs, exposition events, consumer shows, indoor and outdoor sports, meetings, and banquets;
(b) Has a paved motorsports racetrack that is at least one-half (½) mile in length with banking in the turns of eighteen (18) degrees;
(c) Is located on a tract of land having at least one hundred twenty-eight (128) acres;
(d) Has a one (1) acre dog park and other green space that is used for parking, public recreation, and events; and
(e) Is owned by, and located in, a county having a metropolitan form of government and a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(ii) The premises of any facility licensed under this subdivision (40)(R) means any or all of the property that constitutes the facility, including all enclosed and outdoor areas of the property. The licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing. The designated premises may be covered under multiple licenses issued under this subdivision (40)(R) for individual facilities within the urban park center;
(iii) An urban park center licensed under this subdivision (40)(R) may grant a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise is also considered an urban park center under this subdivision (40)(R); and
(iv) An urban park center licensed under this subdivision (40)(R) shall provide a report to the commission, on or before October 1 each year, that details the gross revenue the urban park center earned from the sale of alcoholic beverages and the amount retained by, or paid to, any franchisee of the urban park center for the sale of alcoholic beverages;
(41) “Wine” means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called “wine” unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine; and
(42)
(A) “Zoological institution” means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is owned, operated, or leased by a municipal or county government;
(ii) The zoo is at least fifty (50) years old; and
(iii) The zoo is located in a county having a population in excess of eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census;
(B) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property leased by a county having a metropolitan form of government and has been opened to the public on that property at least since 1997;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(C) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1937;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census; and
(D) “Zoological institution” means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1948;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a population of not less than three hundred eighty two thousand (382,000) nor more than three hundred eighty two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census.
