Chapter definitions

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; (2) "Aquarium exhibition facility" means an enclosed facility possessing each of the following characteristics: (A) The facility is owned and operated by a bona fide charitable or nonprofit organization that also owns and operates a "public aquarium" as defined in subdivision (31); (B) The facility contains a minimum area of ten thousand square feet (10,000 sq. ft.); and (C) The facility is used for either or both of the following purposes: (i) The exhibition to the public of artifacts, physical objects, pictures and movies; or (ii) To aid in the education of the public by means of interactive displays or stations, learning laboratories, and classroom areas for instruction in the physical sciences, natural history or other educational disciplines; (3) (A) "Bed and breakfast establishment" has the same meaning as set forth in § 68-14-502(1)(A) ; provided, that such bed and breakfast establishment is located in a county having a population of not less than fifty-one thousand three hundred fifty (51,350) nor more than fifty-one thousand four hundred fifty (51,450), according to the 1990 federal census or any subsequent federal census and has eleven (11) furnished guest rooms; (B) "Bed and breakfast establishment" also means an establishment: (i) Founded in July 1987; (ii) With twelve (12) rooms and five (5) cottages; (iii) Located on approximately fifteen (15) acres; (iv) Operating a full service day spa; and (v) Located in a county with not less than eighty-nine thousand eight hundred (89,800) and not more than eighty-nine thousand nine hundred (89,900), according to the 2010 or any subsequent federal census; (4) "Bona fide charitable or nonprofit organization" means any corporation which has been recognized as exempt from federal taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ), or any organization having been in existence for at least two (2) consecutive years which expends at least sixty percent (60%) of its gross revenue exclusively for religious, educational or charitable purposes; (5) "Bona fide political organization" means any political campaign committee as defined in § 2-10-102 or any political party as defined in § 2-13-101 ; (6) (A) "Caterer" means a business engaged in offering food and beverage service for a fee at various locations, which: (i) Operates a permanent catering hall on an exclusive basis or restaurant; (ii) Has a complete and adequate commercial kitchen facility; and (iii) Is licensed as a caterer by the Tennessee department of health; (B) "Caterer" also means a business engaged in offering food and beverage service for a fee at various locations that: (i) Operates a permanent catering hall on an exclusive basis or a restaurant; (ii) Has a complete and adequate commercial kitchen facility; (iii) Is licensed by the Tennessee department of agriculture; and (iv) Is a retail food store that has a license to sell wine under § 57-3-803 ; (7) "Civic arts center" means a complex that serves as a community center for the arts and further possesses the following characteristics: (A) Has a performance hall with at least one thousand one hundred (1,100) seats; (B) Has a flexible theater; (C) Consists of two (2) buildings and an outdoor plaza between the buildings; (D) Allows alcoholic beverages to be served when the civic arts center is hosting ticketed events, private functions

t serves as a community center for the arts and further possesses the following characteristics: (A) Has a performance hall with at least one thousand one hundred (1,100) seats; (B) Has a flexible theater; (C) Consists of two (2) buildings and an outdoor plaza between the buildings; (D) Allows alcoholic beverages to be served when the civic arts center is hosting ticketed events, private functions or is rented to another party hosting an event open to the public; and (E) Is located in a 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; (8) (A) "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; and owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided, that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed by its members at an annual meeting or by its governing body out of the general revenue of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The premises, as provided in § 57-4-101(a)(2) for a club, shall also include the golf course, tennis courts and the area immediately surrounding the swimming pool, if a club offers such amenities. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with the definition above; (B) "Club" also means an organization composed of members of the Tennessee national guard, air national guard, or other active or reserve military units which operate facilities located on land owned or leased by this state and which are operated exclusively for the pleasure and recreation of such organization's members, dependents and guests and which are generally referred to as "NCO Clubs" or "Officers Clubs." Such NCO or officers clubs shall be subject to all of the requirements of subdivision (8)(A), except for those requirements relating to having a kitchen, kitchen equipment, and employees; (C) "Club" also means a nonprofit association organized and existing under the laws of this state which is located in a county having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census. Such club shall be located in a development containing no less than four hundred forty (440) acres and shall be organized and operated exclusively for the pleasure, recreation and other nonprofit purposes of its members and their guests. No part of the net earnings of the association shall inure to the benefit of any shareholder or member. The club shall provide to its members a regulation golf course, tennis courts, and a swimming pool

ent containing no less than four hundred forty (440) acres and shall be organized and operated exclusively for the pleasure, recreation and other nonprofit purposes of its members and their guests. No part of the net earnings of the association shall inure to the benefit of any shareholder or member. The club shall provide to its members a regulation golf course, tennis courts, and a swimming pool. The club shall own, hire or lease a building or buildings for the reasonable use of its members with suitable kitchen and dining room space and equipment. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests. No member or officer, agent or employee of the club shall be paid, or directly or indirectly receive in the form of salary or other compensation any profits from the sale of alcoholic beverage or malt beverage beyond the amount of such salary as may be fixed by its members at an annual meeting, or by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition; (D) (i) "Club" also means a for-profit recreational club organized and existing under the laws of this state and which has been in existence and operating for at least two (2) years prior to the application for a license. Such club shall have at least one hundred (100) members regularly paying dues, and shall be organized and operated exclusively for recreation, and providing to its members a regulation golf course and owning, hiring or leasing a building or buildings for the reasonable use of its members, with suitable kitchen and dining room space and equipment, and lodging facilities consisting of not less than ten (10) rooms. Such club shall maintain and use a sufficient number of employees for cooking, preparing and serving meals for its members and guests and providing lodging facilities to its members and guests. Other than the payment of dividends to the shareholders of the club from its net income derived from all of its operations, no member or officer, agent or employee of the club shall be paid, or shall directly or indirectly receive in the form of salary or other compensation, any profits from the sale of alcoholic beverages or malt beverages beyond the amount of such salary as may be fixed by the shareholders of the corporation at an annual meeting by its governing body out of the general revenues of the club. For the purpose of this section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. The alcoholic beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition. The alcoholic beverage commission shall not issue a license to any for-profit recreational club which restricts membership based on race or religion or sex

beverage commission shall have specific authority through rules and regulations to define with specificity the terms used herein and to impose additional requirements upon applicants seeking a club license not inconsistent with this definition. The alcoholic beverage commission shall not issue a license to any for-profit recreational club which restricts membership based on race or religion or sex. In any proceeding concerning a license denial or revocation under this subdivision (8)(D)(i), no quota or numerical percentage shall be used to establish proof of the prohibited discrimination among the club's membership; (ii) Notwithstanding § 57-4-101(a)(2) to the contrary, this subdivision (8)(D) shall not apply in any municipality which has not approved the sale of alcoholic beverages for consumption on the premises pursuant to § 57-4-103 ; (iii) This subdivision (8)(D) only applies in counties 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; (E) (i) "Club" also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred fifty (250) dues-paying members who pay dues of at least one hundred dollars ($100) a year. Such club shall have golf courses containing at least twenty-seven (27) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. 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. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin; (ii) This subdivision (8)(E) only applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census; (F) (i) (a) "Club" also means a for-profit recreational club, organized and existing under the laws of this state, which has at least two hundred twenty-five (225) dues-paying members who pay dues of at least three hundred dollars ($300) a year. Such club shall have a clubhouse with not less than five thousand square feet (5,000 sq. ft.), golf courses containing at least eighteen (18) holes, collectively, for the use of its members and guests, and have suitable kitchen and dining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. 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. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin

ining facilities. Such club shall serve at least one (1) meal daily, five (5) days a week. 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. Such club shall not discriminate against any patron or potential member on the basis of gender, race, religion or national origin. 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 in such clubs; (b) 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; (ii) This subdivision (8)(F) only applies in any county having a population of: 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 (1,800 sq

ee 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 (1,800 sq. ft.); (I) (i) "Club" also means a for-profit recreational club organized and existing under the laws of this state, or organized and existing under the laws of another jurisdiction, holding a certificate of authority to transact business in this state from the secretary of state under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27, 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

t 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

thorizes 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; (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) [Deleted by 2024 amendment.] (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

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) [Deleted by 2024 amendment.] (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) (A) "Commercial passenger bus company" means a company that offers commercial passenger bus service in this state using a passenger bus that: (i) Is designed and used for regularly scheduled intercity transportation of passengers for compensation; (ii) Is regulated by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA); (iii) Is at least forty-five feet (45') in length; (iv) Has an elevated passenger deck over a baggage compartment; (v) Has passenger seating to accommodate at least sixteen (16) persons, but not more than thirty-six (36) persons; (vi) Has a separate galley area with a sink, refrigerator, and adequate counterspace to prepare food; and (vii) While transporting passengers for compensation, also transports an attendant who: (a) Is not the operator of the bus; (b) Holds a valid server permit from the commission; and (c) Sells or gives away prepared food to its customers; (B) A commercial passenger bus company licensed under this subdivision (12) shall not sell alcoholic beverages or beer: (i) While a bus is stopped for the purposes of loading or unloading passengers within the boundaries of a local government that has not approved the sale of alcoholic beverages pursuant to § 57-4-103 ; (ii) While a bus is on a route that is less than one hundred (100) miles one-way to its destination; (iii) To a passenger who has been served four (4) alcoholic beverages or beers by the attendant; and (iv) On private, reserved trips that are not regularly scheduled and advertised intercity trips available to the general public; and (C) Section 55-10-416(c) does not apply to a passenger of a commercial passenger bus licensed under this subdivision (12); (13) "Commission" means the alcoholic beverage commission, created pursuant to chapte

our (4) alcoholic beverages or beers by the attendant; and (iv) On private, reserved trips that are not regularly scheduled and advertised intercity trips available to the general public; and (C) Section 55-10-416(c) does not apply to a passenger of a commercial passenger bus licensed under this subdivision (12); (13) "Commission" means the alcoholic beverage commission, created pursuant to chapter 1 of this title; (14) (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

al 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 (14)(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 b

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

s 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

oor 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

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; (P) "Community theater" also means a facility that: (i) Was established in 1999, and is located in a former school building built in 1926; (ii) Is situated on approximately five (5) acres; (iii) Consists of approximately twenty thousand square feet (20,000 sq. ft.); (iv) Provides theater, art, music, pottery, and dance classes; (v) Serves as a venue for concerts, plays, and recitals; (vi) Offers its facility for summer camps, community events, holiday celebrations, and community meetings; and (vii) Is located approximately one and three-tenths (1.3) miles from Signal Point in a municipality with a population of not less than eight thousand eight hundred fifty (8,850) and not more than eight thousand eight hundred fifty-nine (8,559), according to the 2020 federal census or a subsequent federal census; (Q) "Community theater" also means a facility that: (1) Is a community theater in a historic building that has been in continuous operation since 2007, and that contains approximately one thousand six hundred square feet (1,600 sq. ft.) and seating for approximately two hundred (200) patrons; (2) Is situated on approximately twelve one hundredths (.12) of an acre; (3) Offers concessions to patrons and operates a bar for theater use; (4) Is a mixed-use facility that serves as an event venue for musicals, performances, weddings, dance recitals, dramas, and live music; (5) Is a venue for community events, including instruction in art, music, dance, and theatre; (6) Has located on its 2nd floor this state's oldest opera house, Antoinette Hall, which is under restoration as of May 11, 2023; and (7) Is located in a municipality with a population of not less than eight thousand three hundred ninety (8,390) and not more than eight thousand three hundred ninety-nine (8,399), according to the 2020 federal census or a subsequent federal census; (R) "Community theater" also includes a theater that: (i) Has been in operation for not less than four (4) years; (ii) Has a single auditorium with seating for approximately seventy-five (75) to one hundred (100) patrons; (iii) Is located in a building that is over one hundred (100) years old; (iv) Serves as a venue for concerts, plays, and cultural, civic, and educational programs; and (v) Is located in a municipality with a population of not less than one hundred ninety thousand seven hundred (190,700) and not more than one hundred ninety thousand eight hundred (190,800), according to the 2020 federal census or a subsequent federal census; (15) (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 conven

vernment, 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 (15)(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 (15)(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 (15)(A); (B) "Convention center" also means a facility meeting the criteria of subdivision (15)(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

nty 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; (16) "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; (17) (A) "Festival operator" means a person licensed under this subdivision (17) 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

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 (17) 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 (17); (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 (17) 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; (18) (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, c

festival operator license to the festival operator; (18) (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 (18). 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 (18), 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 (18) 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 (18)(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

arate 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 (18) 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 (18) 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 (18) 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 (18). 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

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 (18) 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 (18)(C) and a separately licensed restaurant under subdivision (18)(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) ; (19) (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; (20) (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;

l 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; (20) (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: (i) Was founded in 1983; (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)

grams 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; (21) "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 (21) 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; (22) (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

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: not less than nor more than 143,900 144,000 300,000 400,000 700,000 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 (22)(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 (22)(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 (22)(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 fi

ted 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: (i) Was opened in 1921; (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: (i) Was opened in 1924; (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; (ii) Was built in 1937; (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: (i) Was built in 1931; (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

ccording 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: (i) Was built in 1931; (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

ts 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 (22)(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 (22)(H). The entire designated premises is covered under one (1) license issued under this subdivision (22)(H); and (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of a center licensed under this subdivision (22)(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; (23) (A) "Hotel" (Motel) means every building or other structure kept, used, maintained, advertised

deral 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; (23) (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 (23)(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)

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 (23)(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 (23)(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 (23)(F)(iii) may exercise the privileges authorized under this chap

; (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 (23)(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; (i) Notwithstanding this title or any rule to the contrary, a hotel under this subdivision (23)(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 (23)(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 (23)(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; and (j) A hotel under this subdivision (23)(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: (a) Was built in 1917; (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

ment 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 (23)(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 (2) A dining room; (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 (23)(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 (23)(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 ; (24) "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

%) 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; (25) (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; (26) (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

air 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; (27) (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 sta

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 (27)(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 (27)(B); (iii) Notwithstanding any provision of chapter 5 of this title to the contrary, the premises of any facility licensed under this subdivision (27)(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 (27)(B) may seek an additional license as a caterer under subdivision (6); (v) Any facility licensed under this subdivision (27)(B) may hold any of the licenses authorized under this subdivision (27)(B) and may grant a franchise to one (1) or more entities for any or all such licenses; (28) "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; (29) A "premier type tourist resort" means: (A) (i) A commercially operated facility that: (a) Was established in 1962; (b) Is located on approximately one (1) or more acres contiguous to Gatlinburg Parkway that connects by way of a tramway to approximately one hundred fifty (150) or more acres; (c) Operates a ski lodge, tramway over two (2) miles long, and tramway mall with over two hundred thousand square feet (200,000 sq

t resort" means: (A) (i) A commercially operated facility that: (a) Was established in 1962; (b) Is located on approximately one (1) or more acres contiguous to Gatlinburg Parkway that connects by way of a tramway to approximately one hundred fifty (150) or more acres; (c) Operates a ski lodge, tramway over two (2) miles long, and tramway mall with over two hundred thousand square feet (200,000 sq. ft.); (d) Operates multiple restaurants with seating for at least two hundred fifty (250) patrons; (e) Maintains at least one (1) of the following types of sporting facilities for at least a portion of the year: (1) Ten (10) or more ski runs; (2) An ice skating rink; or (3) An area for snow tubing; (f) Operates a scenic chair lift to the top of Mount Harrison; (g) Serves as an event venue for concerts, conferences, weddings, receptions, and similar events; and (h) Is located in a city with a population of not less than three thousand five hundred seventy (3,570) and not more than three thousand five hundred seventy-nine (3,579), according to the 2020 or a subsequent federal census; (ii) The premises of a facility licensed under this subdivision (29)(A) 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 designated premises may include property owned or leased by the facility and property that is contiguous to the property of the facility that is defined in this subdivision (29)(A). The entire designated premises is covered under one (1) license issued under this subdivision (29)(A); (iii) Notwithstanding chapter 5 of this title to the contrary, the premises of a facility licensed under this subdivision (29)(A) means, for beer permitting purposes, any or all of the property that constitutes the facility as designated in subdivision (29)(A)(ii). 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) A facility licensed under this subdivision (29)(A) may obtain a license as a caterer under subdivision (6); (v) A facility licensed under this subdivision (29)(A) may hold any of the licenses authorized under this subdivision (29)(A) and may grant a franchise right to one (1) or more entities for all such licenses; and (vi) A facility licensed under this subdivision (29)(A) may deliver alcoholic beverages to any area within the licensed premises of the facility; (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 (29)(B), the sale of alcoholic beverages shall be limited to hotels, restaurants, and clubs as defined in this section

tofore 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 (29)(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 (29)(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 (29)(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

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; (ii) Tennis courts; (iii) Marina facilities with a minimum of four hundred (400) slips

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; (ii) Tennis courts; (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 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 (29)(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

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; (b) Swimming pool; (c) Tennis court; and (d) Walking trails; (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 i

) 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)

ake 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 discr

sus; (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

ble 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; (v) Has rental boats; (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; (iv) Has a restaurant; (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 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)

following characteristics: (i) Contains at least three hundred 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 natio

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