Tennessee § 57-3-106 - Local option election — Municipalities where applicable — Supplemental voter registration — Restrictions on frequency of elections.

§ 57-3-106. Local option election — Municipalities where applicable — Supplemental voter registration — Restrictions on frequency of elections.

Except as provided in subsection (g), the voters of any county may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages, within the territorial limits of such county, by a majority vote, at an election held as hereinafter provided, and, in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution and possession of alcoholic beverages in such county are lawful; provided, that sales at retail as herein defined shall be made only in the municipalities in such county as herein defined, or within a civil district of such county, which district shall have a population of thirty thousand (30,000) persons or over, according to the federal census for the year 1950 or any subsequent census, but which civil district shall not have lying either wholly or partly within its boundaries a municipality as herein defined. In like manner, the voters of any county, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages, within the territorial limits of such county, by a majority vote, at an election to be held as hereinafter provided, and, in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic or intoxicating beverages in such county is unlawful; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under this chapter. Except in counties having populations of: not less than nor more than 12,100 12,200 23,500 24,000 65,000 70,000 according to the 1970 federal census or any subsequent federal census, the voters of any municipality in this state which has been incorporated under a general or special law or laws of this state for five (5) years or longer and which has a population of nine hundred twenty-five (925) or more persons, according to the federal census of 1970 or any subsequent federal census, except in municipalities with a population of not less than one thousand two hundred thirty (1,230) nor more than one thousand two hundred fifty (1,250), according to the 1970 federal census or any subsequent federal census, in any county having a population of not less than thirteen thousand five hundred (13,500) nor more than thirteen thousand six hundred (13,600), according to the 1970 federal census or any subsequent federal census, may, by local option election, permit the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic beverages within the territorial limits of such municipality by a majority vote, at an election held as hereinafter provided, and in the event of such permission, the manufacture, receipt, sale, storage, transportation, distribution and/or possession of alcoholic beverages in such municipality shall be, and become lawful, notwithstanding the fact that the county or any portion thereof in which such municipality is located has, or has not, voted to the contrary under any other provision of this chapter, and the same shall continue to be lawful until the same is forbidden by the voters of such municipality, by majority vote thereof, at a local option election held as hereinafter provided. In like manner, the voters of any such municipality, at any time while this chapter is in effect, may, by local option election, forbid the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages, within the territorial limits of the municipality, by a majority vote, at an election to be held as hereinafter provided, and in the event of such prohibition, the manufacture, receipt, sale, storage, transportation, distribution, and/or possession of alcoholic or intoxicating beverages in the municipality is unlawful, notwithstanding the fact that the county or any portion thereof in which the municipality is located has or has not voted to the contrary under any other provision of this chapter; provided, that this does not apply to a bona fide manufacturer, actually engaged in manufacture under any law of this state. Elections provided for in subsections (a) and (b) shall be called and held as elections on questions by the county election commission at the next regular election of the county or municipality, as the case may be, upon receipt of a petition signed by residents of the county or municipality, as the case may be, to a number amounting to ten percent (10%) or more of the votes cast in the county or municipality, as the case may be, for governor of the state of Tennessee at the then last preceding gubernatorial election, requesting the holding of such election. Except that, no election under this chapter may be placed on the same ballot or conducted on the same day of a primary election. Such petition shall be addressed to the county election commission of such county, or county in which such municipality is located, and shall read, except for such address, substantially as follows: We, registered voters of (here insert name of county or municipality, as the case may be), do hereby request the holding of a local option election to authorize retail package stores to sell alcoholic beverages as provided by law. Such petition may be in two (2) or more counterparts. Registered voters of the county or municipality, as the case may be, may vote in the election. Ballots shall be in the form prescribed by the general election laws of the state, except as herein otherwise provided. The questions submitted to the voters appearing thereon in county elections shall be in the following form: To permit retail package stores to sell alcoholic beverages in (Here insert name of county) Not to permit retail package stores to sell alcoholic beverages in (Here insert name of county) The questions submitted to the voters appearing thereon in municipal elections shall be in the following form: To permit retail package stores to sell alcoholic beverages in (Here insert name of municipality) Not to permit retail package stores to sell alcoholic beverages in (Here insert name of municipality) In county elections, the county election commission shall hold a prior supplemental registration, unless such election be at the time of a general election, such registration to be held at the time and in the manner prescribed by law for the holding of supplemental registration previous to the election for members of the general assembly. The county election commission shall certify the results of the election to the county mayor in county elections and to the mayor of the municipality in municipal elections. Not more than one (1) election in any such county or municipality shall be held under this chapter within any period of twenty-four (24) months, except that no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this subdivision (f)(2). Should any county or municipality thereof conduct a local option election under this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such county or municipality shall be held for a period of four (4) years from the date of such previous election. However, no election in an entire county or any portion thereof in which such municipality is located, held under this chapter, is an election held in such municipality within the meaning of this provision. In those counties wherein are located municipalities which have a population equal to or greater than the smallest county in Tennessee by the federal census of 1960 or by any succeeding federal census, or any municipality having a population of one thousand seven hundred (1,700) or more persons, according to the 1960 federal census in which at least fifty percent (50%) of assessed valuation of the real estate in the municipality consists of hotels, motels, and tourist courts and accommodations, as shown by the tax assessment rolls or books of the municipality, the elections provided for in subsection (a) apply only to those portions of such county lying outside the corporate limits of such municipalities, it being the purpose and intent of this chapter that as to such counties no countywide election may be held in, nor shall its result affect, any such municipality, but whether or not the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages shall be permitted or prohibited within the corporate limits of such municipalities shall be determined solely by separate local option elections held in each municipality as provided by subsection (b) hereof; provided, that in such counties wherein the manufacture, storage, sale, distribution, transportation, and/or possession of alcoholic beverages was legal on May 10, 1967, nothing herein shall affect the legality thereof in such counties and the municipalities thereof until the same shall be prohibited by separate local option elections held as provided in this section. Elections may be called and held in such portions of such counties lying outside such municipalities in the same manner as is provided by subsection (a) for an entire county and with like effect, except that the results thereof shall be applicable only to those portions of such counties lying without the corporate limits of such municipalities. Petitioners for such elections and the voters participating therein shall reside within those portions of the county lying outside the corporate limits of such municipalities and shall be otherwise qualified as provided in this section. Where a majority of the voters participating in such election shall permit the manufacture, receipt, sale, storage, distribution, transportation and/or possession of alcoholic beverages within such portions of such counties, the same shall be and become lawful therein, but sales at retail shall be made only in such portions of such counties as are within the corporate limits of municipalities as the same are defined in § 57-3-101, except this subsection (g) shall likewise apply to any civil district which falls within subsection (a) and § 57-3-205. Not more than one (1) such election shall be held in such portions of any county lying without the corporate limits of such municipalities within any period of twenty-four (24) months. Should any portion of any county lying without the corporate limits of such municipalities conduct a local option election under the provisions of this chapter in conjunction with any general election, and the number of qualified votes cast negative to the local option proposition exceeds sixty percent (60%) of the total number of votes cast in the election, no further local option election in such portions of any county lying without the corporate limits of such municipalities shall be held for a period of four (4) years from the date of such previous election. However, no election in any such portion of a county, held under this chapter, is an election held in such municipalities within the meaning of this subdivision (g)(4). When a municipality is located partly within a county that has a metropolitan form of government and the county has authorized retail package stores to sell alcoholic beverages and partly within another county that has not authorized retail package stores to sell alcoholic beverages, a referendum in the municipality shall be held only in that portion of the municipality located in the county that has not authorized retail package stores to sell alcoholic beverages. The referendum result shall not affect the sale of alcoholic beverages by retail package stores in the portion of the municipality located in the county having a metropolitan form of government. If any municipality located in any county having a population of not less than twenty-nine thousand four hundred (29,400) nor more than twenty-nine thousand five hundred (29,500), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum shall be conducted in the manner prescribed by this section. If any municipality located in any county having a population of not less than forty-one thousand eight hundred (41,800) nor more than forty-one thousand nine hundred (41,900), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than four hundred sixty (460) nor more than four hundred seventy (470), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section. If any municipality located in any county having a population of not less than sixty-six thousand two hundred (66,200) nor more than sixty-six thousand three hundred (66,300), according to the 2010 federal census or any subsequent federal census, has authorized the sale of alcoholic beverages for consumption on the premises in a referendum in the manner prescribed by this section, then any municipality having a population of not less than three hundred ten (310) nor more than three hundred nineteen (319), according to the 2010 federal census or any subsequent federal census, located within the boundaries of such county, may conduct a referendum to authorize the sale of alcoholic beverages at retail within the corporate boundaries of such municipality, notwithstanding the population requirements of § 57-3-101(a)(14) or subdivision (b)(1). The referendum must be conducted in the manner prescribed by this section. Notwithstanding subsection (a), in any county that has approved the sale at retail of alcoholic beverages, retail sales may be made within the boundaries of any property under the control of a property owners association that: Includes at least four thousand (4,000) homes; Contains three (3) golf courses, a country club, and a yacht club; Is managed by a 501(c) nonprofit corporation; Has more than one hundred (100) miles of roads maintained by the property owners association; Has a volunteer fire department; Has more than one hundred (100) people employed by the property owners association; Has a utility system maintained by the property owners association; Is located on the banks of Tellico Reservoir; and Is located in any county having a population not less than forty-eight thousand five hundred (48,500) and not more than forty-eight thousand six hundred (48,600), according to the 2010 federal census or any subsequent federal census. Notwithstanding any other law to the contrary, the commission may issue a retailer's license to any 501(c) nonprofit corporation described in subdivision (l )(1)(C) if such nonprofit corporation approves having a retail licensee within the boundaries of its property upon a majority vote of the board for such nonprofit corporation. Acts 1939, ch. 49, § 16; C. Supp. 1950, § 6648.8 (Williams, § 6648.19); Acts 1951, ch. 52, § 6; impl. am. Acts 1951, ch. 75, § 1; impl. am. Acts 1953, ch. 88, § 1; Acts 1963, ch. 390, § 1; 1967, ch. 215, § 1; 1971, ch. 70, § 8; 1972, ch. 502, § 1; 1972, ch. 612, § 8; 1972, ch. 640, § 1; 1972, ch. 740, § 4; impl. am. Acts 1972, ch. 740, § 7; Acts 1975, ch. 112, §§ 1, 2; 1975, ch. 358, § 1; 1977, ch. 174, §§ 1, 2; 1978, ch. 627, § 1; impl. am. Acts 1978, ch. 934, §§ 21, 36; T.C.A. (orig. ed.), § 57-111; Acts 1981, ch. 381, §§ 1-3; 1982, ch. 551, §§ 1-5; 1992, ch. 711, § 2; 2003, ch. 90, § 2; 2011, ch. 116, § 1; 2015, ch. 201, § 1; 2018, ch. 692, § 1; 2018, ch. 891, § 1; 2018, ch. 1027, § 2. Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13. and its supplement. Acts 2003, ch. 90, § 2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Amendments. The 2018 amendment by ch. 692 added (j). The 2018 amendment by ch. 891 added (k). The 2018 amendment by ch. 1027 added (l ). Effective Dates. Acts 2018, ch. 692 § 3. April 9, 2018. Acts 2018, ch. 891, § 3. May 3, 2018. Acts 2018, ch. 1027, § 3. May 21, 2018. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, §§ 6, 28. Attorney General Opinions. Because a county previously approved liquor-by-the-drink sales through a county-wide referendum, this referendum made such sales legal within a city meeting the definition of a municipality under T.C.A. § 57-3-101 ; further, the exclusion of certain municipalities from the effects of a county-wide referendum as described in T.C.A. § 57-3-106(g)(1) did not apply to the city because its population is, and always has been, smaller than the least populous county according to the 1960 and subsequent censuses, OAG 02-092 (8/28/02). Even though sales of liquor by the drink were legal in a city, as a result of a previous county referendum, the voters of the city could, through a referendum, prohibit such sales, OAG 02-092 (8/28/02). Participation of the municipality as a whole is required in a referendum to approve liquor by the drink, OAG 06-113 (7/19/06). Consumption of alcoholic beverages on the premises in unincorporated areas of a county, OAG 09-011 (2/3/09). Constitutionality of rule limiting advertising of alcoholic beverages. OAG 13-46, 2013 Tenn. AG LEXIS 46 (6/17/2013). NOTES TO DECISIONS 1. Decrease in Population Subsequent to Election. 2. Returns of Election Commission. 3. Function of County Mayor. 4. Fraudulent Election. 5. Suit by County Mayor to Reform Election. 6. Mandamus Against Election Commission. 7. Municipal Ordinances. 1. Decrease in Population Subsequent to Election. Where the population of a town when liquor license was issued was more than 1,000 at the time it was granted, subsequent decrease of population of the town below 1,000 did not operate to invalidate the license. O'Neil v. State ex rel. Baker, 185 Tenn. 534, 206 S.W.2d 780, 1947 Tenn. LEXIS 354 (1947). 2. Returns of Election Commission. The returns by the election commission are quasi records, and stand with all force of presumptive regularity and prima facie integrity, not only till suspicion is cast upon them, but until their self-authenticated verity is overcome by affirmative proof that the returns do not speak the truth. Seeber v. Watlington, 192 Tenn. 521, 241 S.W.2d 553, 1951 Tenn. LEXIS 298 (1951). 3. Function of County Mayor. The county executive (now county mayor), as the recipient of the returns under this section, acts merely in a ministerial capacity as the act which the county executive (now county mayor) performs is done without the exercise of discretion or judgment and it is only to lodge the official returns of the election commission. Seeber v. Watlington, 192 Tenn. 521, 241 S.W.2d 553, 1951 Tenn. LEXIS 298 (1951). 4. Fraudulent Election. Where complainant contended that his property right in his liquor business was jeopardized by a fraudulent local option election, complainant was entitled to maintain bill in chancery, but injunction restraining election commission from canvassing votes and announcing result of election was improper as being premature. O'Neil v. Jones, 185 Tenn. 539, 206 S.W.2d 782, 1947 Tenn. LEXIS 355, 1 A.L.R.2d 581 (1947). 5. Suit by County Mayor to Reform Election. County executive (now county mayor) is not entitled to file an action against election commission to reform election returns since he is merely charged with reception of returns and has no authority statutory or otherwise to bring such an action. Seeber v. Watlington, 192 Tenn. 521, 241 S.W.2d 553, 1951 Tenn. LEXIS 298 (1951). Suit by county mayor against county election commission to reform local option election returns certified to him by election commission on the ground of fraud was not an election contest. Seeber v. Watlington, 192 Tenn. 521, 241 S.W.2d 553, 1951 Tenn. LEXIS 298 (1951). 6. Mandamus Against Election Commission. Election commission which rejected returns in two precincts for insufficient legal reasons could be mandated to reassemble all returns including the ones rejected. Peeler v. State, 190 Tenn. 615, 231 S.W.2d 321, 1950 Tenn. LEXIS 528 (1950). 7. Municipal Ordinances. A municipal ordinance prohibiting the sale of and trafficking in alcoholic beverages within the corporate limits was in conflict with the requuirement that the sale of alcoholic beverage be permitted or prohibited on a countywide basis. Lakewood v. Tennessee Alcoholic Beverage Com., 219 Tenn. 510, 410 S.W.2d 897, 1967 Tenn. LEXIS 452 (1967). An ordinance is unreasonable if it is so restrictive with respect to permissible locations of liquor stores that it conflicts with the legislative purpose that such stores be fairly distributed throughout the city. Chattanooga v. Tennessee Alcoholic Beverage Com., 525 S.W.2d 470, 1975 Tenn. LEXIS 658 (Tenn. 1975).