LICENSES TO STORE, SELL, DISTRIBUTE OR MANUFACTURE

Memphis Code of Ordinances tit. 7, ch. 7-8, art. 2

in effect

Memphis Code of Ordinances § 7-8-6 Required.

Sec. 7-8-6. - Required. No person shall engage in the storing, selling, distributing or manufacturing of beer or any other beverage referred to in section 7-8-1 within the corporate limits of the city until he or she receives approval from the alcohol commission and purchases a license from the city treasurer, or his or her designee. (Code 1967, § 5-80; Code 1985, § 4-66; Ord. No. 117, § 1, 2-20-1968; Ord. No. 4352, § 1, 8-15-1995)

Memphis Code of Ordinances § 7-8-7 Application—Generally.

Sec. 7-8-7. - Application—Generally. Each applicant for a license under this article shall file with the alcohol commission a sworn petition in writing, establishing the following facts, which are made conditions of any license issued thereunder, and the violation of any such statements of fact shall be sufficient cause for the revocation of such license: A. That the applicant will not engage in the sale of such beverages except at the place for which the alcohol commission has issued a license to such applicant; B. That no sale of such beverages will be made except in accordance with the license granted; C. That, if the license is to sell for consumption on the premises, the licensee will make no sale except where meals, consisting of no less than one meat and a vegetable, are prepared on premises with adequate kitchen facilities, as provided in chapter 9-52, and are regularly served at tables with a menu provided for selection by the customers; D. That, if the application is for a license to sell at hotels, sales for consumption on the premises will be made only where meals or lunches are served at tables to persons seated at tables, and to persons in guests' rooms; E. That, if the application is for a license for a club or lodge, such applicant is a regularly incorporated club or lodge operating under a charter and by-laws, in which the officers were elected by a regular membership which is composed of persons who must pay a substantial initiation fee, and whose purpose of organization and existence is other than the sale of beverages covered by this chapter; F. That, if the application is for a license to sell, not for consumption on the premises, that no sales will be made for consumption on the premises, no consumption will be allowed on the premises or on the sidewalks, streets or property within the immediate premises (building and parking lot) of any off-premises location selling beer, and that no such beverages will be kept for sale in such premises except in the original packages or containers; except that an off-premise licensee may offer complimentary samples of the products it sells for tastings to be held on the premises of the off-premise licensee. Such tastings shall be for sales, education and promotional purposes; G. That no sale shall be made to minors; and that applicant will not permit minors or disorderly or disreputable persons heretofore connected with the violation of the liquor laws to loiter around or frequent his or her place of business; that applicant will not allow gambling or gambling devices on his or her premises; provided that, the provisions of this section relative to the frequenting of his or her place of business shall not apply to minors 18 years of age, who are under contract to provide entertainment in the field of music or vocal entertainment. This exception is in effect only during the actual hours of the minors' employment. Such minors must have the written consent of their parents or guardian, sworn to before a notary public. The owner or operator shall keep the written consent on file at all times during the employment of such minor, and same shall be available for inspection by officers of the city police department. A duplicate of such written consent shall be forwarded to the director of police of the city. The provisions herein shall not apply to disorderly or disreputable persons; H. That neither the applicant nor any persons employed or to be employed by him or her in such distribution or sale of such beverage has been convicted of any violation of the law against prohibition, sale, manufacture or transportation of intoxicating liquor, or of any crime involving moral turpitude, within the past ten years; I. That the applicant will conduct the business in person, for himself or herself, or, if he or she is acting as agent, the applicant shall state the person, firm, corporation, syndicate, association or joint stock company for whom, and only for whom, the applicant intends to act; J. That the applicant or licensee providing musical entertainment in his or her business establishment, including but not limited to jukeboxes, live bands, with or without vocalists, and utilizing amplifiers, loudspeakers or other equipment for the reproduction or amplification of sound, shall not permit the noise, sound or vibration created, emitted or transmitted by such jukeboxes, bands, vocalists or sound equipment to be audible to persons on any public street, highway or upon any adjoining residential or commercial premises, to the extent that it is detrimental to the life or health of any individual or disturbs the public peace and welfare. (Code 1967, § 5-81; Code 1985, § 4-67; Ord. No. 2080, § 1, 7-18-1967; Ord. No. 117, § 1, 2-20-1968; Ord. No. 346, § 1, 12-26-1968; Ord. No. 1848, §§ 1—3, 10-2-1973; Ord. No. 2694, § 1, 2-13-1979; Ord. No. 3248, §§ 1, 2, 11-9-1982; Ord. No. 5472, § 1, 11-20-2012)

Memphis Code of Ordinances § 7-8-8 Application—Citizens' certificate to accompany.

Sec. 7-8-8. - Application—Citizens' certificate to accompany. There shall be attached to each application for a license under this article a certificate signed by at least ten reputable citizens residing or doing business in the ward in which the petitioner seeks to do business, stating the residence or place of business of each person, and certifying the length of time that such persons have been acquainted with the petitioner, and if petitioner is a corporation or association, the length of time they have been acquainted with its officers or members, and that they have good reason to believe that all of the statements contained in the petition are true, and that they join in the prayer of the petitioner for the granting of the license prayed for. (Code 1967, § 5-82; Code 1985, § 4-68)

Memphis Code of Ordinances § 7-8-9 Prohibited sexual or pornographic conduct.

Sec. 7-8-9. - Prohibited sexual or pornographic conduct. A. In addition to the other duties imposed under this title, the city alcohol commission is authorized to enforce provisions of subsections B, C and D of this section, as same relates to selling beer and other beverages governed by this chapter; and upon violation of such subsections by any person, firm or corporation licensed under the provisions of this title, the commission shall revoke the privilege license of such violator. B. The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts occur: 1. To employ, use or allow any person in the sale or service of beer or other beverages governed by this chapter in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; 2. To employ, use or allow the services of any host, hostess or other person to mingle with the patrons while such host, hostess or other person is unclothed or in such attire, costume or clothing as described in subsection (B)(1) of this section; 3. For any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person; 4. For any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof. C. Additional acts prohibited. 1. Acts or conduct on licensed premises in violation of this subsection are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts occur. 2. Live entertainment is permitted on any licensed premises, except that: a. No person shall perform acts of or acts which simulate: i. Sexual intercourse, masturbation, sodomy, bestiality, cunnilingus, fellatio, flagellation or any sexual acts which are prohibited by law; ii. The touching, caressing or fondling of the breast, buttocks, anus or genitals; or iii. The displaying of the pubic hair, anus, vulva or genitals. b. Subject to the provisions of subsection (C)(2)(a) of this section, any entertainer who is employed in whole or in part, whether directly or as independent contractor or agent, by the licensee to dance at such licensee's premises shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least 12 inches from the nearest patron. 3. No person shall use artificial devices or inanimate objects to depict any of the prohibited activities described above. D. The following acts or conduct on licensed premises are deemed contrary to public policy, and therefore no license shall be held at any premises where such conduct or acts occur: 1. Engaging in sexual activity or any sexual relations as a business or loitering at a licensed premises for the purpose of being hired to engage in sexual activity or any sexual relations; 2. a. Soliciting or hiring another person with the intent that the other person engage in prostitution, defined as those activities described in subsection (D)(1) of this section, or b. Soliciting a person to do those things described in subsection (C)(2)(a) of this section; 3. Procuring a prostitute for a patron; or 4. Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subsections (D)(1) through (3) of this section. (Code 1967, § 5-83; Code 1985, § 4-69; Ord. No. 3958, § 1(1), 5-8-1990)

Memphis Code of Ordinances § 7-8-10 Issuance or refusal generally.

Sec. 7-8-10. - Issuance or refusal generally. The alcohol commission shall consider all applications filed under this article and grant or refuse the license according to its best judgment under all of the facts and circumstances, and the action of the commission in granting or refusing a license shall be final, except as same is subject to review at law. (Code 1967, § 5-85; Code 1985, § 4-70; Ord. No. 117, § 1, 2-20-1968)

Memphis Code of Ordinances § 7-8-11 General restrictions on issuance.

Sec. 7-8-11. - General restrictions on issuance. A. No license shall be issued to sell any beverage coming within the provisions of this chapter: 1. In violation of any provision of state law; 2. In violation of the Unified Development Code; 3. Where such sale will cause congestion of traffic or interference with schools, churches or other places of public gathering, or otherwise interfere with public health, safety and morals, and the judgment of the alcohol commission on such matters shall be final, except as same is subject to review at law; 4. Unless it is necessary for the accommodation of the public that such place should be licensed, and the judgment of the alcohol commission on such matters shall be final except as same is subject to review at law; provided, however, that nothing herein contained shall prevent the issuance of a license for the sale of beer upon private property next and adjacent to regularly licensed and operated sandwich shops, eating houses or restaurants, or to prevent the sale of beer for consumption in automobiles or other vehicles parked upon such premises; provided that, such beverages shall be consumed while such automobiles are parked upon such premises, but no beer or such beverages shall be served or consumed while such automobiles are parked upon a public street, alley or other public place. B. Where the sale shall be for on-premise, and food sales shall consist of less than 40 percent of gross sales, the business establishment shall be located no less than 500 feet (as measured along the center line of the street or streets as defined further herein) or not less than within a 250-foot radius in any other direction from the property line of any single-family or duplex residential property zoned R-15, R-10, R-8, R-6, R-3, or RU-1, any church (defined as property owned and used by a church having regular attendance at its meetings and whose property is exempt from taxation by the property assessor) or school (defined as fully accredited public, private, or parochial school for grades one through 12 or any other division of such grades). The 500 feet shall be measured from a point in the center line of the public or private street adjacent to the threshold (private street being defined to be a private passageway for vehicles in a multi-establishment commercial area of at least two acres in size) on which the beer establishment fronts, such point being directly opposite the center of the threshold of the wall of the establishment if the threshold faces the street and if not, then at the midpoint of the establishment building; thence along the intersecting street or streets to a point on the center line of the street opposite the nearest point to the property line of the residence, church or school. Such 250-foot restriction shall be measured from the center of the threshold of the store to the nearest point in the property line of such residence, church, or school, it being the intent of the restriction that no part of the property of such residence, church or school shall be within a radius of 250 feet from the point in the center of the threshold herein shall apply only to beer establishment locations after the effective date of this section. Further, T.C.A. § 57-5103(5) states "a business can sell beer for both on-premises and off premises consumption at the same location pursuant to one (1) permit." Where the business establishment does not meet the distance requirements set above, percentage of food sales notwithstanding, sale of more than two 16-ounce sealed containers, for off-premise consumption, per customer is not permitted per this section. This section shall not prohibit the sale and transfer of the assets, goodwill, equipment and fixtures of any on-going business to a new owner to continue the operation of such business, however, such new owner must comply with all the provisions of this section. C. Where the sale shall be for off-premises consumption, the business establishment shall be located no less than 500 feet (as measured along the center line of the street or streets and such measurement is defined further herein by reference to subsection B above) or not less than within a 250-foot radius in any other direction from the property line of any residential property zoned R-E, R-15, R-10, R-8, R-6, R-3 or RU-1, any church (as defined in subsection B above) or school (as defined in subsection B above) except establishments located along interstate, U.S. and state highways. Said 500 feet and 250-foot radius restrictions shall be measured in the same manner as that set out in subsection B above with regard to on-premise sales. This location restriction is intended to and shall apply only to new beer establishment locations that make application for off- premises sales after the effective date of this subsection. This location restriction shall apply to any existing beer establishment location licensed for off-premises sales that ceases to sell, distribute or manufacture beer at that location during any continuous six-month period after the effective date of this subsection. The distance requirements of this paragraph do not apply to an establishment where less than ten percent of its gross sales consists of alcohol sales. D. The location restriction (as defined in subsection C of this section) shall not apply to a qualified "retail food store wine license" applicant, that as of December 31, 2015, holds any off-premises beer permit, or upon application for a retail food store wine license, qualifies for any off-premises beer sales permit under chapter 7-8, article 2. (Code 1967, § 5-86; Code 1985, § 4-71; Ord. No. 117, § 1, 2-20-1968; Ord. No. 3246, § 1, 11-9-1982; Ord. No. 5000, 5-20-2003; Ord. No. 5134, § 1, 2005; Ord. No. 5223, § 1, 2007; Ord. No. 5343, 1-26-2010; Ord. No. 5615, § 3, 5-3-2016; Ord. No. 5459, §§ 6, 7, 7-17-2012; Ord. No. 5825, § 5, 6-7-2022)

Memphis Code of Ordinances § 7-8-12 Issuance to specialty or convenience stores, service or filling stations.

Sec. 7-8-12. - Issuance to specialty or convenience stores, service or filling stations. A beer permit for off-premises consumption may be issued to any convenience store, grocery store, sundry store, service or filling station having a minimum inventory of $2,000.00 in stock, not including equipment, fixtures or petroleum products, subject to the location restriction set out in section 7-8-11(C). (Code 1967, § 5-87; Code 1985, § 4-72; Ord. No. 2410, § 1, 6-8-1976; Ord. No. 2507, § 1, 10-5-1976; Ord. No. 2694, § 2, 2-13-1979; Ord. No. 5000, 5-20-2003)

Memphis Code of Ordinances § 7-8-13 Issuance to hotels and clubs.

Sec. 7-8-13. - Issuance to hotels and clubs. It is lawful for the alcohol commission to issue licenses for the sale of any beverage coming within the provisions of this chapter in hotels, clubs or lodges, subject to all of the limitations and restrictions contained in the state law and the rules and regulations promulgated thereunder, and subject to all of the limitations and restrictions contained in the license and in this chapter. (Code 1967, § 5-88; Code 1985, § 4-73; Ord. No. 117, § 1, 2-20-1968)

Memphis Code of Ordinances § 7-8-14 Display.

Sec. 7-8-14. - Display. The license required by this article shall be framed under glass and placed so that it is conspicuous and may be easily read at all times. (Code 1985, § 4-74; Code 1967, § 5-89)

Memphis Code of Ordinances § 7-8-15 Licensee's employees.

Sec. 7-8-15. - Licensee's employees. Before a person is employed to dispense beer, said person shall provide proof acceptable by the permits office of the City of Memphis that such person is not in violation of T.C.A. § 57-5-301. (Code 1967, § 5-90; Code 1985, § 4-75; Ord. No. 3958, § 1(2), 5-8-1990; Ord. No. 4112, § 1, 6-16-1992; Ord. No. 5459, § 8, 7-17-2012)

Memphis Code of Ordinances § 7-8-16 Revocation.

Sec. 7-8-16. - Revocation. A. All licenses issued under this article shall be revocable in the discretion of the alcohol commission, and whenever it shall be brought to the attention of the alcohol commission that any declaration of fact contained in the application is false, or that there has been any violation thereof, or that the limitations and conditions of the license have been violated, or that the licensee permits minors to frequent or loiter around his or her place of business or permits gambling or gambling devices thereon, or permits drunken, disreputable or disorderly persons, or persons heretofore connected with the violation of liquor laws to make it a customary place of visitation or resort, or otherwise violates any of the provisions or restrictions of the state law or of this chapter, the alcohol commission shall revoke such license. Such revocation shall become final after five days, unless the licensee, within five days, demands a hearing before the alcohol commission, at which hearing the burden shall be upon the licensee to show that he or she has not violated the declaration of fact or statements contained in his or her application, or the limitations or restrictions upon his or her license, and that he or she has not violated the state law or the provisions of this chapter. The action of the alcohol commission at such hearing in arming or setting aside the revocation of such license shall be final, except as same is subject to review at law. B. Three violations of the provisions or restrictions of state law or city ordinances during a two-year period by any licensee shall result in the automatic revocation of the licensee's license in accordance with the rules and procedures otherwise established by this ordinance and state law. C. Any licensee whose license is revoked shall not be eligible to receive a license for three years from the date of revocation. D. No permit for off-premises consumption will be issued for any subsequent applicant for a location where a license has been revoked under this chapter for three years from the date of revocation. (Code 1967, §5-92; Code 1985, § 4-76; Ord. No. 117, § 1, 2-20-1968; Ord. No. 2694, § 3,2-13-1979; Ord. No. 5223, § 2, 2007)

Memphis Code of Ordinances § 7-8-17 Records to be kept—List of licenses to be filed with collector of licenses and privileges and director of police.

Sec. 7-8-17. - Records to be kept—List of licenses to be filed with collector of licenses and privileges and director of police. The secretary of the alcohol commission shall preserve a complete record of applications received and licenses granted and refused under this article and all protests and hearings held by the commission. Such secretary shall file with the collector of licenses and privileges and with the director of police a complete list of licenses issued by the commission, giving the name, place and nature of the license. (Code 1967, § 5-93; Code 1985, § 4-77; Ord. No. 117, § 1, 2-20-1968)

Memphis Code of Ordinances § 7-8-18 Beer or alcoholic beverage sales in McCarver Stadium—Park commission's authority to permit.

Sec. 7-8-18. - Beer or alcoholic beverage sales in McCarver Stadium—Park commission's authority to permit. Notwithstanding any other provisions of this chapter to the contrary, the city park commission is authorized and empowered in its discretion to permit the sale of beer and alcoholic beverages for consumption on the premises in McCarver Stadium at such times and events and under such terms, conditions, rules and regulations as such commission may establish for that facility. (Code 1967, § 5-94; Code 1985, § 4-78; Ord. No. 322, § 1, 11-12-1968; Ord. No. 3066, § 1, 10-14-1980)

Memphis Code of Ordinances § 7-8-19 Beer or alcoholic beverage sales in Coliseum—Board's authority to permit.

Sec. 7-8-19. - Beer or alcoholic beverage sales in Coliseum—Board's authority to permit. Notwithstanding any other provisions of this chapter to the contrary, the Coliseum board is authorized and empowered in its discretion to permit the sale of beer and alcoholic beverages for consumption on the premises in the Coliseum at such times and events and under such terms, conditions, rules and regulations as such board may establish for that facility. (Code 1967, § 5-95; Code 1985, § 4-79; Ord. No. 323, § 1, 11-19-1968; Ord. No. 3066, § 1(2), 10-14-1980)

Memphis Code of Ordinances § 7-8-20 Beer or alcoholic beverage sales in Liberty Bowl Memorial Stadium—Park commission's authority to permit.

Sec. 7-8-20. - Beer or alcoholic beverage sales in Liberty Bowl Memorial Stadium—Park commission's authority to permit. Notwithstanding any other provisions of this chapter to the contrary, the city park commission is authorized and empowered in its discretion to permit the sale of beer and alcoholic beverages for consumption on the premises in Liberty Bowl Memorial Stadium at such times and events and under such terms, conditions, rules and regulations as such commission may establish for that facility. (Code 1967, § 5-97; Code 1985, § 4-80; Ord. No. 2071, § 1, 6-25-1974; Ord. No. 3066, § 1(3), 10-14-1980)

Memphis Code of Ordinances § 7-8-21 Permit for special event.

Sec. 7-8-21. - Permit for special event. A beer permit for a special event may be issued for a specific location for a period not to exceed 30 days, upon the following conditions: A. Application is made stating the dates and time permit will be used during the 30-day period; B. Application is made setting out the purpose upon forms supplied by the secretary of the alcohol commission, the application to be approved at any regular or special meeting of the alcohol commission; C. Approval is received from the city and county health department, the city building department, the city fire department, the police services division, the board of supervisors of public solicitation of funds, and/or any other affected governmental agencies; D. Exemption has been granted by the city council of the conditions as set forth in section 12-84-20 of this Code; E. The required business or other necessary licenses and permits have been issued for the event. (Code 1967, § 5-98; Code 1985, § 4-81; Ord. No. 2694, § 4, 2-13-1979; Ord. No. 3067, § 1, 10-21-1980)

Memphis Code of Ordinances § 7-8-22 Prohibited sexual or pornographic conduct—Penal provisions.

Sec. 7-8-22. - Prohibited sexual or pornographic conduct—Penal provisions. In any location holding a valid license to store, sell, distribute or manufacture beer or any beverage with an alcoholic content of not more than five percent by weight and any other beverage of like alcoholic content, the following acts or conduct on licensed premises are deemed contrary to public policy and shall be subject to all penal provisions provided by law: A. Live entertainment is permitted on any licensed premises, except that: 1. No person shall perform acts of or acts which simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, cunnilingus, fellatio, flagellation or any sexual acts which are prohibited by law; b. The touching, caressing or fondling of the breasts, buttocks, anus or genitals; or c. The displaying of the pubic hair, anus, vulva or genitals. 2. Subject to the provisions of subsection A of this section, any entertainer who is employed in whole or in part, whether directly or as independent contractor or agent, by the licensee to dance at such licensee's premises shall perform only upon a stage at least 18 inches above the immediate floor level and the edge of the stage must be at least 12 inches from the nearest patron. B. No person shall use artificial devices or inanimate objects to depict any of the prohibited activities described in subsection A of this section. (Code 1985, § 4-82; Ord. No. 4049, § 1, 7-2-1991)

Memphis Code of Ordinances § 7-8-23 Sales in the Beale Street Historic District.

Sec. 7-8-23. - Sales in the Beale Street Historic District. A. Notwithstanding any other provisions of this chapter to the contrary, the alcohol commission is authorized and empowered in its discretion to permit the sale of beer and alcoholic beverages for consumption outside the clubs, but within the Beale Street Historic District at such times and events and under such terms, conditions, rules and regulations as such commission may establish for the district. B. Outside bars cannot be more than ten feet from the business establishments which use these bars for beverage sales. C. No beverages, alcoholic or nonalcoholic, will be permitted in glass or metal containers outside of the business establishments within the Beale Street Historic District. (Code 1985, § 4-83; Ord. No. 4187, § 1, 6-22-1993)

Memphis Code of Ordinances § 7-8-24 Sales for off-premises consumption by beer manufacturers operating as restaurants.

Sec. 7-8-24. - Sales for off-premises consumption by beer manufacturers operating as restaurants. Notwithstanding any other provisions of this chapter, or any rule or regulation of the City of Memphis Alcohol Commission to the contrary, any manufacturer of beer operating as a restaurant and licensed to sell beer for consumption therein shall have the right to sell beer to go, provided that such beer is manufactured within the premises of the restaurant and is sold unopened and in the original container. (Ord. No. 5276, § 1, 10-21-2008)

Memphis Code of Ordinances § 7-8-25 Caterer's permit.

Sec. 7-8-25. - Caterer's permit. Notwithstanding any other provisions of this chapter, or any rule or regulation of the City of Memphis Alcohol Commission to the contrary, any brewery meeting the exemption requirements set forth in T.C.A. § 57-5-101 (c)(1)(A) that does not also operate as a restaurant as defined in section 9-52-1 of this Code ("brewery"), shall be subject to the following provisions and restrictions: A. Legislative intent. The intent of this section is to recognize the distinction between breweries with tasting rooms and other establishments that sell alcoholic beverages, specifically that a brewery tasting room is an adjunct to the primary business of manufacture and sale to wholesale or retail establishments. It being the intent of this section to encourage the growth of local business and tourism while protecting the public welfare and morals. B. Permit required. Each brewery with a tasting room in which beer is to be manufactured and sold must apply for a beer permit through the City of Memphis Alcohol Commission in conformity with section 7-8-7 above. Such permit application shall make reference to the fact that the application is for a brewery with a tasting room. The permit application shall conform to all onpremises permit requirements if the brewery intends to allow the consumption of beer in its tasting room, but so long as the application is accompanied by a sworn petition indicating that the restrictions of subsection D of this section are met, then there shall be no requirement for a brewery with a tasting room to maintain kitchen facilities or serve food. C. On and off premises consumption allowed. So long as the tasting room of the brewery conforms with the requirements of subsection D below, breweries with tasting rooms shall be authorized to sell beer manufactured on premises for on-premises consumption or off-premises consumption (off-premises consumption shall include beer sold to licensed wholesalers or retail establishments) so long as all beer sold for off-premises consumption is in the original, sealed container. D. No food requirement—Restrictions. No brewery with a tasting room shall be required to serve food, maintain kitchen facilities or conform to any requirement relating to the percentage of sales attributable to food so long as it: 1. Does not engage in the sale of any alcoholic beverage other than beer manufactured on premises; 2. Does not derive more than 25 percent of its gross annual income from the sale of beer for consumption on premises; 3. Does not open to the public for any period between the hours of 12:00 a.m. and 12:00 p.m.; 4. Does offer water or other non-alcoholic beverages at no cost to its patrons; 5. If located within a 500-foot radius or 250-foot radius of a church, a school or certain enumerated residential zoning districts as set forth in section 7-8-11(B) above, shall not open to the public on Sundays before 12:00 p.m. and shall close to the public each Sunday through Thursday no later than 10:00 p.m., this section being intended to prevent traffic congestion, to reduce noise and to protect the public welfare and morals of the community. (Ord. No. 5490, § 1, 1-22-2013; Ord. No. 5459, § 9, 7-17-2012; Ord. No. 5825, §§ 3, 4, 6-7-2022)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT7ALBE_CH7-8BELIALBE_ART2LISTSEDIMAFetched: 10/28/2026