Tennessee Code Annotated

Title 57: Intoxicating Liquors

Chapter 4: Consumption of Alcoholic Beverages on Premises

Part 1: General Provisions

TCA 57-4-102: 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 where the latter contains an alcoholic content of five percent (5%) by weight, or less. Notwithstanding any provision to the contrary in this title, "alcoholic beverage" or "beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being manufactured or made with distilled alcohol irrespective of alcoholic content;
(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 (28);
(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) "Bed and breakfast establishment" has the same meaning as set forth in SC 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;
(4) "Bona fide charitable or nonprofit organization" means any corporation which has been recognized as exempt from federal taxes under SC 501(c) of the Internal Revenue Code, codified in 26 U.S.C. SC 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 SC 2-10-102 or any political party as defined in SC 2-13-101;
(6) "Caterer" means a business engaged in offering food and beverage service for a fee at various locations, which:
(A) Operates a permanent catering hall on an exclusive basis;
(B) Has a complete and adequate commercial kitchen facility; and
(C) Is licensed as a caterer by the Tennessee department of health;
(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 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 the state of Tennessee, 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 SC 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 the state of Tennessee 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 the state of Tennessee 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. 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 the state of Tennessee 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. 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 SC 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 SC 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 the State of Tennessee, 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) "Club" also means a for-profit recreational club, organized and existing under the laws of the state of Tennessee, 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. 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;
(ii) This subdivision (8)(F) only applies in any county having a population of: Click here to view image.
according to the 1990 federal census or any subsequent federal census;
(G) "Club" also means a clubhouse owned and operated by a for-profit corporation, which is open to the public but has at least one hundred fifty (150) private members and seats at least one hundred (100) persons, that is a planned part of a residential development consisting of no less than two hundred fifty (250) acres and at least one hundred ninety (190) residential units, and such development contains an eighteen-hole golf course under separate ownership; provided, that such club is located in a county having a population of not less than one hundred three thousand one hundred (103,100) nor more than one hundred three thousand four hundred (103,400), according to the 1990 federal census or any subsequent federal census and in a municipality which lies within two (2) contiguous counties;
(H) "Club" also means a facility owned by a for-profit corporation incorporated in Tennessee prior to September 30, 2000, as a private club which does not discriminate against members or potential members or bona fide guests of such members on the basis of gender, race, religion or national origin, and further possesses the following characteristics:
(i) Is located within three (3) miles of a municipal golf course owned and operated by a home-rule municipality located in a county having a charter form of government and having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census;
(ii) Has, on July 3, 2002, a minimum of three hundred (300) members paying annual dues with a copy of membership applications on file on the premises, and which issues to its members a membership card which authorizes admittance of the member and bona fide guests of such member; and
(iii) Has a kitchen and dining area having a minimum seating capacity of seventy-five (75) in a building having at least eighteen hundred square feet (1800 sq. ft.);
(I) (i) "Club" also means a for-profit recreational club organized and existing under the laws of the state of Tennessee 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 the state of Tennessee, which is located in any county having a population of not less than one hundred thirty thousand (130,000) nor more than one hundred thirty-one thousand (131,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
(i) The club shall be adjacent to a residential development consisting of at least one hundred (100) residential units, and the club property and such residential development shall consist of at least two hundred (200) acres;
(ii) The residential development shall be adjacent to a lake with an area greater than twenty (20) acres;
(iii) The club shall be organized and operated to provide to its members, their guests, and others an eighteen-hole golf course and amenities provided by other similar clubs;
(iv) The club shall serve at least one (1) meal daily, five (5) days a week;
(v) The club shall have a clubhouse with not less than three thousand square feet (3,000 sq. ft.) with suitable kitchen, dining facilities and equipment; and
(vi) The club shall not discriminate against any person on the basis of gender, race, religion or national origin;
(K) (i) "Club" also means a for-profit recreational club organized and existing under the laws of this state that has been in existence and operating for at least two (2) years prior to March 31, 2003, and that is located in any county not having a metropolitan form of government and having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, and further possesses the following characteristics:
(a) Has at least two hundred twenty-five (225) members paying monthly or annual dues, or both, and does not discriminate against members or potential members or bona fide guests of the members on the basis of gender, race, religion or national origin;
(b) Is organized and operated exclusively for recreation and provides a regulation eighteen-hole golf course for the use of its members and guests, and may or may not also provide for the use of its members and guests a swimming pool and tennis facility; and
(c) Has a clubhouse with not less than ten thousand square feet (10,000 sq. ft.) with suitable kitchen, dining facilities and equipment, serving at least one (1) meal daily, at least five (5) days a week;
(d) The club may not compensate or pay any officer, director, agent or employee any profits from the sale of alcoholic or malt beverages based on the volume of those beverages sold;
(ii) It is the express intention of the general assembly that the law concerning the purchase or possession of alcoholic beverages by persons under twenty-one (21) years of age be strictly enforced by the club;
(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. Such company shall operate out of any county that has a population in excess of two hundred eighty-five thousand (285,000) or 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. No commercial passenger boat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such boat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to SC 57-4-103;
(12) "Commission" means the alcoholic beverage commission, created pursuant to chapter 1 of this title;
(13) (A) "Community theater" means a facility or theater possessing each of the following characteristics:
(i) The community theater is at least eight (8) years old;
(ii) The theater is operated by a not-for-profit corporation which is exempt from taxation under SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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 seven hundred thousand (700,000), 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 SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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 SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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 SC 57-3-106, in any county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
(E) "Community theater" also includes a privately owned facility possessing each of the following characteristics:
(i) Is a community theater in continuous operation since 1943;
(ii) Is primarily a volunteer organization with limited salaried staff;
(iii) Has an auditorium with more than three hundred (300) seats;
(iv) Is located on an historic square and is allowed to sell alcoholic beverages at up to five (5) special events annually that are held on the historic square along with being allowed to sell alcoholic beverages as provided in subdivision (13)(C); and
(v) Is located in any county having a population of not less than seventy-one thousand three hundred (71,300) nor more than seventy-one thousand four hundred (71,400), according to the 2000 federal census or any subsequent federal census;
(F) "Community theater" also includes a facility or theater possessing each of the following characteristics:
(i) The facility is at least twenty-seven (27) years old;
(ii) The facility has a performance hall seating not less than one hundred fifty (150) persons and not more than five hundred (500) persons;
(iii) The facility is operated by a not-for-profit corporation which is exempt from taxation under SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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; and
(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 SC 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;
(14) (A) "Convention center" means a facility possessing each of the following characteristics:
(i) Owned by the state, municipal and/or county government, or a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, and leased or operated by that government or by a nonprofit charitable corporation established to operate such facility;
(ii) Designed and used for the purposes of holding meetings, conventions, trade shows, classes, dances, banquets and various artistic, musical or other cultural events;
(a) A convention center does not include a building located within one thousand (1,000) yards of both a student museum and a zoological park; provided, that any restaurant, located within a former world's fair site or a zoological park and which meets the requirements of subdivision (29), shall be eligible for licensure under this chapter as long as the requirements of this chapter are otherwise met;
(b) A convention center also does not include a building which is more than twenty (20) years old and is located in any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census;
(iii) (a) Except as provided for in (14)(A)(iii)(b), which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, has a designated, restricted area outside the seating area of any theater within which area the consumption of such alcoholic beverages shall be permitted. The sale of such alcoholic beverages in such facility is limited to no more than one (1) hour and fifteen (15) minutes prior to a meeting, show, performance, reception, or other similar event, and to no later than thirty (30) minutes after such event; and
(b) In a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, which state-owned facility, operated by a nonprofit charitable corporation established to operate such facility, or facility owned by a nonprofit, tax exempt, charitable organization that operates a symphony orchestra, has designated an area within or adjacent to any theatre or meeting space, or adjacent to the facility within which area the consumption of alcoholic beverages shall be permitted. Nothing herein shall restrict the ability of a convention center, as defined herein, from adjusting the designated area within or adjacent to its theatre areas, upon adequate prior notice to the commission;
(iv) Located in a municipality having a population in excess of one hundred fifty thousand (150,000) and in a county having a population in excess of two hundred thousand (200,000), or both, according to the 1980 federal census or any subsequent federal census;
(v) A convention center licensed under this subdivision (14)(A) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of the franchise shall also be considered a convention center under this subdivision (14)(A);
(B) "Convention center" also means a facility meeting the criteria of subdivision (14)(A)(i) and (ii) and located in a premiere resort city as defined by SC 67-6-103(a)(3)(B)(i);
(C) "Convention center" also means a facility possessing each of the following characteristics:
(i) Owned by a county public building authority at the time of development;
(ii) Designed and used for the purposes of attracting conventions, business travelers, tourists and other visitors to promote economic development;
(iii) Located at the intersection of Interstate 24 and Highway 41 near mile marker 114;
(iv) Occupies an area of not less than approximately thirteen thousand five hundred square feet (13,500 sq. ft.); and
(v) Includes a full commercial kitchen to provide meals and catering services;
(D) "Convention center" also means a facility possessing each of the following characteristics:
(i) Is owned by a quasi-governmental development agency;
(ii) Is designed and used for the purposes of attracting conventions, business travelers and tourists to the area and is vital in promoting economic development, fostering community activities, providing training and seminar space for business and industries and in encouraging tourism;
(iii) Is available for community, industry and private events;
(iv) Is the only one of its kind in the area;
(v) Has a seating capacity of approximately three hundred (300) and is fully equipped with tables, chairs, linens, dishware and a catering kitchen;
(vi) Occupies an area of approximately eight thousand five hundred square feet (8,500 sq. ft.) on acreage surrounding Tellico Lake; and
(vii) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census; and
(E) No member or officer, agent or employee of any convention center as defined by this section shall be paid, or directly or indirectly receive, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes, malt beverages or any other alcoholic beverage beyond the amount of such salary as may be fixed by its governing body out of the general revenue of the center. All profits from the sale of such alcoholic beverages shall be used for the operation and maintenance of the convention center;
(15) "Country club located on an historic property" means a country club that is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, and has the following characteristics:
(A) Sits on real property that was formerly the home of the International Printing Pressmen Union;
(B) Has a dining facility; and
(C) Is located adjacent to an eighteen-hole golf course;
(16) (A) "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 (1/2) 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;
(17) "Historic interpretive center" means a facility possessing each of the following characteristics:
(A) The center is located in an historic area of town where structures listed on the national register of historic places are located;
(B) The center operates as a not-for-profit corporation that is exempt from taxation under SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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;
(C) 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
(D) The center is located in any county having a population of not less than seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census;
(18) "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 the state of Tennessee. "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 the state of Tennessee in trust to a board of trustees created and appointed in accordance with SCSC 4-13-103 and 4-13-104, and for admission to which reasonable fees are charged as provided in SC 4-13-105. This subdivision (18) 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;
(19) (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, codified in 26 U.S.C. SC 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 shall only be sold before or after performances or during intermissions in such performances. No alcoholic beverages shall be consumed inside the auditorium of such 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: Click here to view image.
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 SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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. Alcoholic beverages shall only be sold at the center before, during or after performances. Alcoholic beverages may be consumed inside the center at locations designated by its governing body;
(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 in excess of five hundred thousand (500,000), which has a metropolitan form of government;
(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 SC 501(c) of the Internal Revenue Code of 1954, codified in 26 U.S.C. SC 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;
(20) (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 seventy-five (75) 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 (20)(B) shall be authorized to charge for, inhibit or otherwise interfere in any way with the rights of its guests or tenants to carry into rooms or suites rented by them their own bottles, packages or other containers of alcoholic beverages and/or to use or serve them to themselves, their own visitors or guests within the individual units rented or leased by them;
(C) "Hotel" also includes facilities owned and operated by an individual or event-management organization which plans and coordinates all phases of any function for retreats by groups of persons having similar backgrounds or purposes, and which offers meeting and banquet facilities, dining services, recreation and leisure activities in facilities which include a dining inn with seating capacity of three hundred (300), and a complex which includes meeting and banquet facilities with a seating capacity of two hundred (200), overnight accommodations for at least forty (40), and a fifty (50) acre tract of land with picnic accommodations for at least four thousand (4,000), and a facility with seating capacity of four hundred (400). The scope of any license authorized by this subdivision (20)(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 SC 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 (20)(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 SC 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 (20)(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, at least four (4) tennis courts, hiking trails, and biking trails for use by registered guests;
(e) Provides a full service spa for use by registered guests of the facility; and
(f) Any such hotel whose facilities are located on the premises of an area meeting the definition of a hotel under this subdivision (20)(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;
A hotel under this subdivision (20)(F)(iii) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than SC 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.
(ii) A hotel under this subdivision (20)(G) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than SC 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 (20)(H) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than SC 57-4-103;
(21) "Limited service restaurant" means a facility possessing each of the following characteristics:
(A) Is a public place which has a seating capacity for at least forty (40) patrons and that is kept, used, maintained, advertised and held out to the public as a place where during regular hours of operation:
(i) Alcoholic beverages, beer or wine are served to patrons;
(ii) A menu of prepared food is made available to patrons;
(iii) The gross revenue from the sale of prepared food is fifty percent (50%) or less than the gross revenue from the sale of alcoholic beverages; provided, however, that gross revenue of more than fifty percent (50%) from the sale of prepared food shall not prevent a facility from receiving a "limited service restaurant" license or subject such facility to a fine from the commission for having gross revenue of more than fifty percent (50%) from the sale of prepared food. For purposes of determining the gross revenue from the sale of prepared food, chips, popcorn, pretzels, peanuts and similar snack items shall not be included in gross revenue from the sale of prepared food sold;
(iv) The facility affirmatively establishes, to the satisfaction of the commission, that it has complied and will comply with the requirements of SC 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 SC 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;
(22) (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;
(23) (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 seven hundred thousand (700,000), 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; and
(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; and
(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;
(24) "Paddlewheel steamboat company" means a company that operates one (1) or more paddlewheel steamboats for hire in interstate commerce upon navigable waterways and is licensed by the United States coast guard to carry not less than one hundred (100) passengers on a single vessel, with adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state; provided, however, that no paddlewheel steamboat company licensed pursuant to this chapter shall sell any type of alcoholic beverage or beer while such paddlewheel steamboat is docked within the boundaries of any local government which has not approved the sale of alcoholic beverages pursuant to SC 57-4-103;
(25) "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;
(26) A "premier type tourist resort" means:
(A) A commercially operated recreational facility possessing each of the following characteristics:
(i) Ownership and operation by a profit type corporation having a capitalization of not less than ten million dollars ($10,000,000);
(ii) Situated in a geographical area wholly controlled by the operator of the facility and having not less than six thousand (6,000) acres of contiguous land, not less than five thousand (5,000) acres of which is to be developed and maintained in accordance with sound ecological and environmental practices, such requirement to be subject at all times to the oversight and approval of the department of environment and conservation, which shall not less often than once a year make a written report thereof to the commission. Satisfactory compliance with this requirement and certification thereof by the department to the commission shall be a condition precedent to the issuance or renewal of the permit provided for in SC 57-4-201;
(iii) Continuous maintenance of lodging accommodations consisting of not less than two hundred (200) hotel or motel rooms in a building or buildings designed for such purpose;
(iv) Continuous maintenance of facilities for the accommodation of conventions of not less than four hundred (400) persons;
(v) Maintenance within the recreational area of at least one (1) of the following types of sporting facilities:
(a) A golf course of at least eighteen (18) holes;
(b) A lake covering not less than one hundred (100) acres adapted for boating and fishing;
(c) A ski slope;
(vi) Maintenance, in addition to one (1) or more of the facilities enumerated in subdivision (26)(A)(v), of two (2) or more of the following types of recreational facilities:
(a) Area for camping;
(b) Tennis courts;
(c) Swimming pool;
(d) Trails for hiking and/or horseback riding;
(e) Equestrian center;
(vii) A twenty-four-hour per day security force approved as to adequacy by the commission;
(B) A hotel, motel or restaurant located within a municipality having a population of one thousand (1,000) or more persons, according to the federal census of 1970 or any subsequent federal census in which at least fifty percent (50%) of the assessed valuation (as shown by the tax assessment rolls or books of the municipality) of the real estate in the municipality consists of hotels, motels, and tourist courts accommodations, providing the voters of the municipality have heretofore by referendum pursuant to SC 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 SC 57-3-106. For purposes of implementation of this subdivision (26)(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 (26)(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 (26)(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 recreational facility containing all of the following characteristics:
(i) Ownership and development by a for-profit corporation or partnership;
(ii) Situated in a geographical area controlled by the corporation or partnership, having not less than four hundred (400) acres of land contiguous to a federally protected forest, such as the Cherokee National Forest;
(iii) Continuous maintenance of lodging accommodations consisting of not less than two hundred (200) hotel or motel rooms or residential or rental cabins in a building or buildings designed for such purpose;
(iv) Continuous maintenance of facilities for the accommodations of conventions of not less than four hundred (400) persons;
(v) Maintenance within the recreational area of at least two (2) of the following types of recreational facilities:
(a) A golf course of at least eighteen (18) holes;
(b) Tennis courts;
(c) Swimming pool;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(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) Any restaurant or recreational facility owned by the corporation or partnership and open to the public that is located on the premises described under this subdivision (26)(D) may exercise the privileges authorized under this chapter;
(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; and
(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.
Any such club whose club facilities are located on the premises of an area meeting the definition of a "premier type tourist resort" under this section may exercise its privileges authorized under this chapter anywhere within such area;
(H) A commercially operated recreational facility, whether open to the public or limited to members and guests of an association or of the development on which it is located, owned and operated by an association or corporation and in connection with an eighteen-hole golf course, which facility is kept, used and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all of the following characteristics:
(i) The facility must be located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand seven hundred sixty (34,760), according to the 1990 federal census or any subsequent federal census;
(ii) The facility must be located in a development containing no less than four hundred twenty (420) acres and no more than four hundred fifty (450) acres;
(iii) The facility must be located within limits of a development which contains an eighteen-hole golf course;
(iv) The facility must have no less than five thousand (5,000) enclosed square feet (5,000 sq. ft.);
(v) The facility must be located no less than one half (1/2) 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 (26)(I), shall be authorized to sell or serve alcoholic beverages on the premises of such resort only at special functions, wherein attendance is limited to invited guests or groups and not to the general public;
(J) An entity operating a commercial golf related recreational facility, whether open to the public or limited to members and guests of an association or owners and guests of a development upon or adjacent to which the facility is located, which entity or facility meets all of the following criteria:
(i) The facility is located in a county having a population of not less than thirty-four thousand seven hundred thirty (34,730) nor more than thirty-four thousand eight hundred (34,800), according to the 1990 federal census or any subsequent federal census;
(ii) The facility is operated in conjunction with an eighteen (18) hole golf course;
(iii) The facility is kept, used and maintained as a place where meals are actually and regularly served with such adequate and sanitary kitchen facilities as might be needed to meet the reasonable requirements of its patrons, members, or guests;
(iv) The entity does not discriminate or limit the use of the facilities solely on the basis of race, creed, sex, or national origin, and has provided to the commission a written certification of its policy;
(v) Such facility has enclosed clubhouse space of at least five thousand square feet (5,000 sq. ft.);
(vi) Such facility is located no less than seven (7) miles and no more than eight (8) miles from an interchange of an interstate highway; and
(vii) Such facility is located on a geographic area, owned or operated by the entity, which area contains not less than one hundred fifty-five (155) acres nor more than one hundred seventy (170) acres; and
(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 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 is licensed as a health club;
(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 1/2) miles from the right of way of Interstate 40 and fronting on State Highway 92 and has a minimum of eight (8) acres of lake front property with a minimum of five thousand eight hundred feet (5,800') of shore line;
(ii) Such facility has at least eighty (80) boat slips and forty-eight (48) dry slips, a boat launching ramp, a full service restaurant seating at least one hundred seventy-five (175) people inside with outside patio dining, a ships store offering boat supplies and gasoline, and an outdoor pavilion;
(iii) Such facility provides accommodations consisting of at least twenty (20) lakeside hotel/motel units in a building or buildings designed for such purposes;
(iv) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census; and
(v) Such facility shall also include any commercial boat for charter that departs from any such facility if the boat is licensed by the United States Coast Guard to carry not less than fifty (50) passengers on a single vessel and has adequate facilities and equipment for serving regular meals, on regular schedules, or charter trips, while moving through or docked in any county of the state;
(R) A commercially operated facility which at a minimum contains all of the following characteristics:
(i) Such facility is located within one (1) mile of the right-of-way of Interstate 40 and in an area zoned by the municipality as B-3; and
(ii) Such facility is located within a county having a population of not less than forty-four thousand (44,000) nor more than forty-four thousand nine hundred (44,900), according to the 2000 federal census or any subsequent federal census;
(S) A commercially operated facility which contains all of the following characteristics:
(i) Such facility is located no more than one half (1/2) mile from the right of way of Interstate 75 and accessible to State Highway 68;
(ii) Such facility has at least nine thousand square feet (9,000 sq. ft.) of conference space;
(iii) Such facility provides accommodations consisting of at least one hundred twenty-five (125) hotel or motel rooms in a building or buildings designed for such purposes;
(iv) Such facility provides recreational facilities including an indoor swimming pool;
(v) Such facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Such facility is located within a county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000), according to the 2000 federal census or any subsequent federal census;
(T) A nine-hundred-sixty-acre peninsula gated community located on a lake with ten (10) miles of shoreline, and which facility contains all of the following characteristics:
(i) Has an eighteen-hole golf course and tennis courts;
(ii) Has a club house, restaurant, lounge, fitness center, and swimming pool;
(iii) Maintains a community garden, community and neighborhood docks and a boat ramp;
(iv) Has an equestrian facility with extensive riding trails;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Is located in two (2) counties one (1) county having a population of not less than thirty-eight thousand nine hundred (38,900) nor more than thirty-nine thousand (39,000) and the other county having a population of not less than thirty-nine thousand fifty (39,050), nor more than thirty-nine thousand one hundred fifty (39,150), both according to the 2000 federal census or any subsequent federal census;
(U) A facility which contains all the following characteristics:
(i) Has resort lodge condominiums, homes and vacation cottages;
(ii) Has an eighteen hole golf course and tennis courts with a pro shop;
(iii) Has a swimming pool;
(iv) Has rock climbing, hiking and biking trails;
(v) Has a full service spa;
(vi) Has banquet and dining services and a business service center;
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(viii) Is located in a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
(V) It is lawful for any establishment located in a premier type tourist resort as defined in SC 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 SC 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, part 1;
(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 SC 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. The facility contains a minimum of one hundred forty-three (143) acres, and includes a minimum of twenty-two (22) acres of land zoned commercial for future development at the corner of Back Nine Drive and Mountain View Lane;
(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, 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) Provides accommodations, consisting of at least twelve (12) hotel/motel units and at least nine (9) villa units; and
(v) Is located within an incorporated municipality having a population of less than five hundred (500), according to the 2000 federal census or any 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 any subsequent federal census; and
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(Z) An inn that has all of the following characteristics:
(i) Contains at least twelve (12) transient guest rooms in the main house;
(ii) Has a separate meeting lodge and facility that also houses at least four (4) new French country transient suites;
(iii) Has at least two (2) kitchens on the premises and offers at least two (2) meals daily;
(iv) Has an open-air, outdoor, sylvan chapel suitable for the accommodation of wedding ceremonies;
(v) Provides entertainment in the form of cooking demonstrations, storytelling and dulcimer playing;
(vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(AA) A commercially operated facility that has all of the following characteristics:
(i) Is a full service colonial mansion located on an eighty-one-acre estate;
(ii) Contains no fewer than eight (8) transient rooms and seventeen (17) bathrooms;
(iii) Contains a dining room with capacity for fifty (50) persons that serves at least two (2) meals daily;
(iv) Has a heated swimming pool, a fitness center, a sauna, a tennis court and a billiard room;
(v) Has a system of hiking and walking trails;
(vi) Is listed in Distinguished Inns of North America, 16th Edition, by Select Registry; and
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(BB) A facility that has nine (9) acres of shoreline development on Watts Bar Lake and that has all of the following characteristics:
(i) Has one- to three-bedroom cottages;
(ii) Has a marina with two hundred fifty (250) slips, both wet and dry;
(iii) Has a restaurant and lounge;
(iv) Has a swimming pool;
(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 and fifty (350) boat slips;
(ii) Contains a dry storage facility;
(iii) Provides boat rentals;
(iv) Contains a marine store;
(v) Contains a full service restaurant with seating for at least one hundred fifty (150) people, as well as a private banquet facility;
(vi) Has motel rooms and cabins for rent;
(vii) Contains a swimming pool;
(viii) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(ix) Is located in a county having a population of not less than fifty-six thousand seven hundred (56,700) nor more than fifty-six thousand eight hundred (56,800), according to the 2000 federal census or any subsequent federal census;
(FF) A facility that has three hundred eighty-five (385) acres of development on J. Percy Priest Lake and that has all the following characteristics:
(i) Has a water park;
(ii) Has a marina with more than three hundred twenty (320) slips;
(iii) Has a recreational vehicle (RV) campground;
(iv) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(v) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(GG) A development that has all of the following characteristics:
(i) Has a well established marina with boat slip rentals, gasoline, etc.;
(ii) Includes three hundred eighty-five (385) acres on J. Percy Priest Lake;
(iii) Has a water park;
(iv) Has a recreational vehicle (RV) campground;
(v) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) Is located in a county having a population of not less than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(HH) A commercially operated facility that has all of the following characteristics:
(i) Is a fully-staffed lodge that is open twenty-four (24) hours a day, located on thirty-six (36) acres of land, that offers at least one (1) meal per day, along with hiking, biking, and horseback riding;
(ii) Has twelve (12) oversized rooms with king beds, private baths, and has high speed internet access in the main lodge;
(iii) Has seventeen (17) one- and two-bedroom cabins that have full kitchens, wood burning fireplaces, hot tubs, and high speed internet access;
(iv) Has a one thousand eight hundred square-foot meeting facility with a capacity of up to one hundred twenty-five (125) persons, and a board room with a capacity of up to twelve (12) persons, both of which have high speed internet access;
(v) Has a volleyball court, a horseshoe pit, and picnic areas throughout the property; and
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(II) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with approximately one hundred sixty-six (166) wet slips and approximately one hundred thirty-three (133) dry storage units;
(ii) The facility is located within a lake-resort, gated residential development of at least one thousand two hundred (1,200) acres having in excess of four hundred fifty (450) single family homes and condominium units;
(iii) The facility is located on a lake that has over eight hundred thirty-four (834) miles of shore line;
(iv) The facility will have a restaurant with a seating capacity of at least fifty (50) people, serving at least two (2) meals a day;
(v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) The facility is located within a county having a population of not less than thirty-nine thousand eight hundred (39,800) nor more than thirty-nine thousand eight hundred seventy-five (39,875), according to the 2000 federal census or any subsequent federal census;
(JJ) (i) A commercially-operated facility containing all of the following characteristics:
(a) The facility has on its premises a marina that has at least two hundred fifty (250) covered or uncovered wet slips and at least seventy-five (75) dry rack slips;
(b) The facility has on its premises property leased or available for lease to a boating, yachting or water-based recreational club;
(c) The facility has on its premises a restaurant, providing food service to the public or for private events, with seating in the restaurant for at least fifty (50) persons at tables, whether or not the seating is inside or on a deck or patio adjacent to the restaurant;
(d) The facility has the capacity to serve as a home berth location for a commercial vessel for hire or for public cruises of at least seventy-five feet (75') in length;
(ii) When used in this subdivision (26)(JJ), the "facility" under subdivision (26)(JJ)(i) shall include any location within the property designated by the licensee;
(iii) A facility under this subdivision (26)(JJ) shall also include any passenger sternwheel paddleboat, licensed by the United States coast guard, with rated passenger capacity of not less than one hundred (100) passengers and which paddleboat shall be at least seventy- five feet (75') in length, which may use the marina facilities as described in subdivision (26)(JJ)(i) for its home or principal secondary port dock. The authority conferred under this subdivision (26)(JJ)(iii), authorizing the sale or distribution of alcoholic beverages, including beer, on any qualified sternwheel paddleboat shall extend only so long as the paddleboat is located at the marina facility described in subdivision (26)(JJ)(i) or is within one hundred (100) miles of the marina facility;
(iv) For purposes of obtaining a license under this subdivision (26)(JJ), the commission shall be authorized to issue a license solely to the owner or operator of a sternwheel paddleboat, meeting the qualifications of subdivision (26)(JJ)(iii), whether or not the facility described in subdivision (26)(JJ)(i) receives a license under this chapter;
(KK) A commercially operated restaurant located within a county having a population of not less than thirty-nine thousand seven hundred fifty (39,750) nor more than forty thousand (40,000) and also located within the corporate limits of a municipality having a population of not less than seven thousand seven hundred fifty (7,750) nor more than eight thousand (8,000), according to the 2000 federal census or any subsequent federal census, and in addition to satisfying the requirements of subdivision (29)(A), also meets the following additional requirements:
(i) The facility is in a structure of not less than six thousand square feet (6,000 sq. ft.);
(ii) The facility has seating at tables, for at least two hundred (200) persons; and
(iii) The facility serves at least two (2) meals a day, five (5) days a week, with the exception of holidays, vacations and periods of redecorating;
(LL) A commercially operated recreational facility containing all of the following characteristics:
(i) Owning and operating one (1) or more golf courses, that include practice putting greens, chipping greens and a driving range;
(ii) Operating a clubhouse facility, of at least eight thousand square feet (8,000 sq. ft.), containing a commercial quality kitchen and seating for at least one hundred (100) persons at tables;
(iii) Operating a private clubhouse of at least five thousand square feet (5,000 sq. ft.), with seating at tables for at least eighty (80) persons, and which private clubhouse contains a full service kitchen;
(iv) Located on a minimum of one hundred thirty-seven (137) acres; and
(v) Located within a county through which a major interstate passes, supports a Tennessee board of regents university of approximately nine thousand three hundred (9,300) students for the 2006 academic year and whose sports teams are nicknamed the golden eagles;
(MM) A facility operated either commercially or on a nonprofit basis as a club containing all of the following characteristics:
(i) A clubhouse having not less than approximately five thousand eight hundred square feet (5,800 sq. ft.);
(ii) An eighteen-hole golf course for use by its members and their guests;
(iii) A restaurant with a suitable kitchen, dining facilities and equipment serving two (2) meals daily and open six (6) days a week;
(iv) Is part of a planned unit development;
(v) Has at least one hundred (100) members regularly paying dues;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census; and
(NN) It is lawful for a facility providing full service dining to serve wine to be consumed on the premises, subject to the further provisions of this chapter, other than SC 57-4-103, that contains the following characteristics:
(i) The facility provides seating at tables for not less than one hundred twenty-five (125) persons and is located on approximately three (3) acres;
(ii) The dining area is at least four thousand eight hundred square feet (4,800 sq. ft.);
(iii) The facility provides seating, on a deck or a patio, for at least forty (40) persons, weather permitting, which deck or patio is in close proximity to a river or waterway; and
(iv) The facility is located in a county with a population of not less than twenty-three thousand (23,000) nor more than twenty-three thousand two hundred (23,200), according to the 2000 federal census or any subsequent federal census;
(OO) A commercially operated facility containing all of the following characteristics:
(i) The facility has overnight accommodations for at least thirty-two (32) people in at least twelve (12) private guest rooms with en- suite bathrooms;
(ii) The facility has a main dining room which seats at least thirty-two (32) people;
(iii) The facility has meeting and conference space, including at least two (2) dedicated conference rooms;
(iv) The facility has a historic water-operated grist mill;
(v) The facility does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(PP) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least four hundred thirty-five (435) wet slips;
(ii) The facility has a minimum of four hundred twelve (412) paved single car parking spaces and in addition at least thirty (30) car/trailer paved parking spaces;
(iii) The facility has a restaurant with inside seating for at least seventy-eight (78) persons and patio dining for at least fifty-four (54) persons;
(iv) The facility is located within one great circle mile of Tennessee highway 56;
(v) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(vi) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(QQ) A commercially operated facility containing all of the following characteristics:
(i) Owning and operating a golf course that is open to the public, that includes practice putting and chipping greens and a driving range;
(ii) Operating a clubhouse facility of approximately four thousand square feet (4,000 sq. ft.), containing a commercial quality kitchen and seating for at least eighty-three (83) persons inside at tables;
(iii) The facility is located at the intersection of State Highway 55 and Pete Sain Road;
(iv) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin; and
(v) The facility is located within a county having a population of not less than forty-eight thousand (48,000) nor more than forty-eight thousand one hundred (48,100), according to the 2000 federal census or any subsequent census;
(RR) A commercially operated recreational facility on at least ninety (90) acres of land that borders the Cherokee National Forest that offers lodging, recreation and restaurant packages to patrons containing all of the following characteristics:
(i) A rustic lodge with at least five (5) private overnight rooms that all possess a king-sized bed, mini-refrigerator, coffee maker, microwave, television, sitting area and private full bathroom, all of which have views of the mountains and are situated in a lodge with a shared great room and hot tub;
(ii) At least ten (10) cabins for overnight stays that sleep multiple persons, some of which are company-owned and some of which are privately-owned but rented by the company, and include the following amenities: television, outdoor hot tub on private deck, heat and air conditioning, gas grill, cookware, fireplace, linens and towels and large and small appliances including washer/dryer and all common kitchen appliances;
(iii) Riding stables with at least twenty-two (22) stalls for both horses owned by the resort and for overnight lease for or by guests, on-site guided trail rides provided by the owners, a horse arena with a bathroom, mountain biking, hiking, fishing including an on-site stocked pond and swimming in the guest swimming pool;
(iv) A dining restaurant that possesses a kitchen and is currently permitted to serve beer that is attached to a larger multi-purpose hall that hosts banquets, dining, dancing, music, live bands and other types of entertainment, all of which are connected to two (2) bars and at least one (1) private room and includes dining upstairs and downstairs and multiple outdoor seating decks, all of which possess a combined seating of at least two hundred (200) persons, that serves at least nine (9) meals on a weekly basis, with the exceptions of closures for private groups that include the year-round hosting of reunions, weddings and corporate workshops and seasonal closures, vacations, general maintenance and remodeling by the owners;
(v) A building that contains an administrative office and a general store complete with all sorts of merchandise for use on and off of the premises of the resort, a building that contains a tack store that sells all sorts of horse-related merchandise and a building that contains a game room;
(vi) An outdoor pavilion that possesses a grill and in which other outdoor cooking devices may be used and that is used to serve meals outdoors in combination with foods prepared in the kitchen;
(vii) A gazebo used for outdoor weddings;
(viii) When used in this subdivision (26)(RR), "facility" includes any location within the property designated by the licensee;
(ix) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(x) Is located within a county having a population of not less than thirty-three thousand five hundred twenty-five (33,525) nor more than thirty-three thousand six hundred (33,600), according to the 2000 federal census or any subsequent federal census;
(SS) (i) A commercially operated recreational facility, whether open to the public or limited to members and guests of a corporation, limited liability company, association or of the development in which it is located, owned and operated by a corporation, limited liability company or association, having all of the following characteristics:
(a) The facility must be located in or adjacent to a residential real estate development containing no less than one thousand (1,000) acres and no more than two thousand (2,000) acres, inclusive of the facility;
(b) The facility must have at least three (3) permanent structures, open to the public or to members and their guests, with the largest structure having at least thirty thousand square feet (30,000 sq. ft.) of enclosed space;
(c) The closest boundary of the real estate development in which the facility is located must be located no more than two thousand feet (2,000') from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
(d) The facility must maintain the following types of recreational amenities:
(1) A golf course having at least eighteen (18) holes;
(2) At least one (1) swimming pool;
(3) At least one (1) tennis court; and
(4) A fitness facility;
(e) The facility must have at least one (1) room or rooms that are regularly kept, used and maintained as a place where meals are regularly served, with adequate and sanitary kitchen facilities and seating at tables for at least seventy-five (75) persons;
(f) The facility must be located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census; and
(g) The facility must not discriminate against any patron on the basis of age, gender, race, religion or national origin;
(ii) The premises of any facility licensed under this subdivision (26)(SS) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths and road crossings. A licensee shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(TT) (i) A commercially operated recreational facility which contains each of the following characteristics:
(a) Is located within a county with a population of not less than seventeen thousand (17,000) nor greater than eighteen thousand (18,000), according to the 2010 federal census or any subsequent federal census;
(b) Has located on its premises, stables for the temporary or permanent stabling of horses with a capacity of at least two hundred twenty (220) horses;
(c) Consists of property of at least ten thousand (10,000) acres, contiguous and noncontiguous;
(d) Has located upon its premises trails and horseback riding, wagon trails, campsites with electrical service, bathhouses and a pavilion for cookouts; and
(e) Has a restaurant facility for the preparation and serving of food and beverages to guests of the facility located at the facility;
(ii) The rights of the facility as to activities permitted under this chapter may be held by the entity which owns the facility, the entity which leases the facility, or an entity operating the restaurant pursuant to a written contract with the entity which owns or leases the facility;
(iii) The facility may be a contiguous parcel of property or may be noncontiguous; provided, that any part of the facility which is noncontiguous to any other part of the facility is separated only by a roadway or street; and
(iv) The entity excising the rights of the facility shall be authorized to engage in the activities permitted under this chapter anywhere on the premises of the facility as disclosed to the commission;
(UU) A privately owned facility possessing each of the following characteristics:
(i) Is located on at least twenty (20) acres;
(ii) Has a restaurant facility with at least one thousand two hundred square feet (1,200 sq. ft.) that seats at least one hundred (100) patrons at tables located both inside and outside the facility;
(iii) Has a marina with at least one hundred (100) slips and that provides house boat rentals of at least four (4) house boats;
(iv) Has at least four (4) cabins, seven (7) camping slots and at least three (3) RV slots;
(v) Has a boat repair shop and a store that carries boating and skiing type items;
(vi) Does not discriminate against any patron on the basis of age, gender, race, religion or national origin; and
(vii) Is located within any county having a population of not less than seventeen thousand eight hundred (17,800) nor more than seventeen thousand eight hundred seventy-five (17,875), according to the 2000 federal census or any subsequent federal census;
(VV) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least two hundred forty (240) wet slips;
(ii) The facility has a minimum of nine (9) housing units for rent containing nineteen (19) bedrooms;
(iii) The facility has a campground with twelve (12) sites containing electric and sewer hookups;
(iv) The facility has a minimum of one hundred forty-seven (147) paved single car parking spaces;
(v) The facility has a restaurant with inside seating for at least twenty-eight (28) persons and patio dining for at least forty (40) persons;
(vi) The facility has an outdoor pavilion which seats one hundred fifty (150) persons;
(vii) The facility is located on Jefferson Road, approximately six and one tenth (6.1) miles from the intersection with Highway 288/Keltonburg Road and thirteen (13) miles from Highway 70;
(viii) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(ix) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(WW) A commercially operated facility containing all of the following characteristics:
(i) The facility has a minimum of eighty seven (87) parking spaces;
(ii) The facility has a restaurant open year-round with inside seating for at least sixty (60) persons and outside seating for at least one hundred nineteen (119) persons;
(iii) The facility is located on Highway 96 less than one (1) mile from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(XX) A commercially operated facility containing all of the following characteristics:
(i) The facility has a minimum of eighty five (85) parking spaces;
(ii) The facility has a restaurant open year-round at least six (6) days a week with inside seating for at least one hundred (100) persons and outside seating for at least one hundred twenty (120) persons;
(iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(YY) A commercially operated facility containing all of the following characteristics:
(i) The facility owns and operates an eighteen (18) hole golf course that is open to the public, which includes putting greens and a driving range;
(ii) The facility operates a clubhouse facility of approximately five thousand (5,000) square feet, with seating at tables for at least eighty (80) persons and which clubhouse contains a full-service kitchen;
(iii) The facility operates a swimming pool;
(iv) The facility is located on a minimum of one hundred thirty-three (133) acres;
(v) The facility is located adjacent to old Highway 45W and is situated within a county having a population of not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), according to the 2000 federal census or any subsequent federal census; and
(vi) The facility does not discriminate against any patron on the basis of gender, race, religion or national origin;
(ZZ) A commercially operated facility 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 year round 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 year-round overnight accommodations to visitors in historic inn and cottage settings;
(vii) Operates a year-round 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;
(AAA) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least five hundred thirty (530) wet slips;
(ii) The facility has a minimum of two hundred fifty (250) paved single car parking spaces;
(iii) The facility has a restaurant with inside seating for at least eighty (80) persons and outside seating for at least sixty (60) persons;
(iv) The facility is located on a lake with at least eighteen thousand (18,000) acres of water and at least three hundred forty-two (342) miles of shore line; and
(v) The facility is located within a county having a population of not less than seventeen thousand four hundred (17,400) nor more than seventeen thousand four hundred fifty (17,450), according to the 2000 federal census or any subsequent federal census;
(BBB) A commercially operated facility containing all of the following characteristics:
(i) The facility includes a one hundred forty-seven thousand square foot (147,000 sq. ft.) boat and RV showroom and service center with retail sales of all types of camping and boating equipment as well as a boat and RV parts department;
(ii) The facility has a two hundred fifty (250) seat full service restaurant;
(iii) The facility has a two hundred fifty (250) site campground with two (2) swimming pools, cabins and a lodge;
(iv) The facility is a travel center with a store, pizzeria, delicatessen, fuel center;
(v) The facility has an arcade;
(vi) The facility is located at 2475 Westel Road; and
(vii) The facility is located within a county having a population of not less than forty-six thousand eight hundred (46,800) nor more than forty-six thousand nine hundred (46,900), according to the 2000 federal census or any subsequent federal census;
(CCC) A commercially operated facility containing all of the following characteristics:
(i) The facility has a marina with at least one hundred one (101) wet slips;
(ii) The facility has a minimum of sixty (60) paved single car parking spaces;
(iii) The facility has a restaurant with adequate and sanitary kitchen facilities with inside seating for at least forty (40) persons and outside seating for at least one hundred fifty (150) persons and is kept, used and maintained as a place where meals are served and where meals are actually and regularly served when the facility is opened for business; and
(iv) The facility is located within a county having a population of not less than thirty-one thousand one hundred (31,100) nor more than thirty-one thousand two hundred (31,200), according to the 2000 federal census or any subsequent federal census;
(DDD) A commercially operated facility which contains all of the following characteristics:
(i) Is a bed and breakfast homestay, as defined in SC 68-14-502(1)(B), that opened in 2008;
(ii) Has at least two (2) rooms available for overnight guests;
(iii) Is able to prepare on-site custom meals for up to thirty (30) persons;
(iv) Offers cooking classes; and
(v) Is located within any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census;
(EEE) A commercially operated recreational facility whether open to the public or limited to members and guests of an association or of the development on which it is located, owned, and operated by an association or corporation and in connection with an eighteen-hole golf course which facility is regularly kept, used, and maintained as a place where meals are actually and regularly served, with adequate and sanitary kitchen facilities, and which facility meets all the following characteristics:
(i) The facility must have a clubhouse with no less than six thousand enclosed square feet (6,000 sq. ft.);
(ii) The facility must be located within the limits of a development that is within five hundred yards (500 yds.) of a water reservoir operated and maintained by the United States Army corps of engineers during 1998 or any subsequent years;
(iii) The facility must be located within at least three (3) miles of an airport with lighted runway of at least three thousand feet (3000') in length;
(iv) Maintenance within the recreational area of the following types of recreational facilities:
(a) Golf course of at least eighteen (18) holes;
(b) Swimming pool; and
(c) Tennis court; and
(v) The facility is located within a county having a population of not less than twenty-nine thousand eight hundred (29,800) nor more than twenty-nine thousand nine hundred (29,900), according to the 2000 federal census or any subsequent federal census;
(FFF) A privately-owned resort and recreational facility possessing each of the following characteristics:
(i) Has at least ninety-five (95) acres located approximately five (5) miles south of Interstate 40 on Tennessee State Highway 13;
(ii) Is fronted on the west side by Tennessee State Highway 13 and bordered on the south side by a scenic river as defined in title 11, chapter 13, part 1;
(iii) Has at least four (4) cabins;
(iv) Has at least thirty (30) recreational vehicle pads and sites with full electrical, water and sewer hookups;
(v) Has at least a forty-seat restaurant which has been approved by the local health department that has an approved beer permit and has food available, with exceptions of closures for private groups or events, seasonal closures, vacations, general maintenance and remodeling by the owners;
(vi) When used in this subdivision (26)(FFF), the "facility" shall include any location within the property designated by the licensee;
(vii) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(viii) Is located within any county having a population of not less than seven thousand six hundred (7,600) nor more than seven thousand seven hundred (7,700), according to the 2000 census or any subsequent federal census; and the legislative body of such county adopts a resolution endorsing such resort and recreational facility as a premier type tourist resort as defined in this subdivision (26);
(GGG) A commercially operated facility containing all of the following characteristics:
(i) Has a restaurant serving an upscale menu featuring lobster tail, crab legs and fresh cut steaks;
(ii) Is located on a lake by a marina;
(iii) Has a boat dock within walking distance of the restaurant;
(iv) Has indoor seating for approximately one hundred thirty (130) diners and outdoor dining on the patio with seating for approximately one hundred eighty (180);
(v) Offers live entertainment on the patio at its Tiki Bar; and
(vi) Is located in any county having a population of not less than forty-four thousand two hundred (44,200) nor more than forty-four thousand three hundred (44,300), according to the 2000 federal census or any subsequent federal census;
(HHH) A privately-owned resort and recreational facility possessing each of the following characteristics:
(i) Has a dock with marina which has at least one hundred seventy (170) boat slips which is located on or near the four hundred eighty- two (482) mile marker on the Tennessee River;
(ii) Has an outside gazebo which is used for various functions;
(iii) Has a restaurant with a dining room of at least four thousand two hundred square feet (4,200 sq. ft.), which seats at least two hundred (200) persons both indoors and outdoors, including an outdoor balcony; and which serves meals at least four (4) days on a weekly basis including Sunday brunch, with exceptions of closures for private groups or events; and seasonal closures, vacations, general maintenance and remodeling by the owners;
(iv) When used in this subdivision (26)(HHH), the "facility" shall include any location within the property designated by the licensee; and
(v) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(III) A commercially operated facility containing all of the following characteristics:
(i) Regularly serves meals at tables and continuously maintains adequate kitchen facilities;
(ii) Has indoor seating for approximately one hundred twenty (120) diners and outdoor seating for approximately one hundred thirty (130);
(iii) Is located on the banks of the Cumberland River;
(iv) Has a transient boat dock within walking distance of the restaurant;
(v) Specializes in serving catfish and is often referred to as "the Catfish Place under the bridge"; and
(vi) Is located in any county having a population of not less than thirty-nine thousand one hundred (39,100) nor more than thirty-nine thousand two hundred (39,200), according to the 2010 federal census or any subsequent federal census;
(JJJ) A bed and breakfast possessing each of the following characteristics:
(i) The house is approximately ten thousand square feet (10,000 sq. ft.) and has rooms for approximately twelve (12) guests to stay overnight;
(ii) Has a smaller upper level patio and a larger, lower level patio;
(iii) Has a main dining room on the first floor which can accommodate approximately seventy (70) guests. The main dining room is one (1) large room with floor to ceiling windows providing one hundred eighty degrees (180 degrees) of lakefront viewing;
(iv) Has accommodations for an additional forty (40) guests for outside dining;
(v) Is located in the Long Branch portion of Dale Hollow Lake;
(vi) The property on which the bed and breakfast is situated has space for weddings, family reunions and other large gatherings on the large outside portion of the property; and
(vii) Is located in any county having a population of less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(KKK) A hotel possessing all of the following characteristics:
(i) Contains at least twenty five (25) rooms for the sleeping accommodations of guests;
(ii) Is registered as a national historic landmark;
(iii) Is located within a central business improvement district; and
(iv) Is located in any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census;
(LLL) A commercially operated recreational facility possessing each of the following characteristics:
(i) Is located at least two hundred feet (200') from a natural lake that is located in or near a state park, which has waterfowl hunting and fishing is available year round;
(ii) Has a restaurant which has:
(a) A beer license;
(b) A commercial kitchen; and
(c) Seating for at least seventy-five (75); and
(iii) Has a boat ramp and boat dock;
(MMM) A commercially operated facility containing all of the following characteristics:
(i) The facility has a restaurant open year-round with inside seating for at least seventy-five (75) persons;
(ii) The facility has a minimum of eighty-five (85) parking spaces;
(iii) The facility is located on Highway 70 less than three (3) miles from Center Hill Lake; and
(iv) The facility is located within a county having a population of not less than eighteen thousand seven hundred (18,700) nor more than eighteen thousand seven hundred fifty (18,750), according to the 2010 federal census or any subsequent federal census;
(NNN) (i) A commercially operated recreational facility possessing all of the following characteristics:
(a) A golf course of at least eighteen (18) holes;
(b) Wooded trails for horseback riding;
(c) A fully stocked fishing pond;
(d) At least three (3) tennis courts;
(e) Located in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census; and
(f) Is located no more than two thousand feet (2,000') from the right-of-way of Interstate 840 and must be directly adjacent to Arno Road;
(ii) The premises of any facility licensed under this subdivision (26)(NNN) means any or all of the property that constitutes the facility, including swimming pools, tennis courts, golf courses, paths, and road crossings. A license shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing;
(OOO) A commercially owned marina containing all of the following characteristics:
(i) Operates as a marina on approximately forty-six (46) acres of land;
(ii) Has a restaurant with at least one hundred ten (110) seats;
(iii) Has approximately two hundred (200) boat slips;
(iv) Has seven (7) cabins; and
(v) Is located in a county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-four thousand six hundred (44,600), according to the 2010 federal census or any subsequent federal census;
(PPP) A commercially operated facility containing all of the following characteristics:
(i) Operates as a hunting lodge on approximately four hundred (400) acres of land;
(ii) Has adequate kitchen facilities and a dining area within the hunting lodge with seating of at least fifty (50) at tables;
(iii) Has capacity to sleep at least thirty (30) guests within the main hunting lodge and at least twenty (20) guests in a cabin located on the property; and
(iv) Is located off I-40 at Exit 311 in any county having a population of not less than fifty-six thousand (56,000) nor more than fifty- six thousand one hundred (56,100), according to the 2010 federal census or any subsequent federal census;
(QQQ) (i) A commercially operated facility, including any location within the property designated by the licensee, containing all of the following characteristics:
(a) Is located four (4) miles off Exit 144 on Interstate 75;
(b) Contains at least one hundred (100) acres on multiple parcels divided by a creek;
(c) Contains at least thirty (30) cabins which are fully plumbed with septic systems;
(d) Contains at least thirty (30) recreational vehicle sites with full hookups;
(e) Contains at least three (3) miles of all terrain vehicle trailheads, which connect and border the North Cumberland Wildlife Area which is governed by the Tennessee wildlife resources agency;
(f) Contains a convenience store which sells gasoline, snacks, drinks, and all terrain vehicle recreational permits which total at least three hundred thousand dollars ($300,000) in annual sales;
(g) Contains a restaurant which seats at least seventy-five (75) persons at tables both indoors and outdoors which serve at least six (6) meals on a weekly basis, with the exception of closures for private groups or events, and seasonal closures, vacations, general maintenance, and remodeling by the owners;
(h) Does not discriminate against any patron on the basis of age, gender, race, religion, or national origin; and
(i) Is located in a county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census or any subsequent federal census;
(ii) A licensee licensed under this subdivision (26)(QQQ) shall designate the premises to be licensed by the commission by filing a drawing of the premises, which may be amended by the licensee filing a new drawing; and
(RRR) A commercially operated facility open to the public for persons twenty-one (21) years of age or older that has all of the following characteristics:
(i) Is located within three (3) miles of Dale Hollow Lake;
(ii) Has a kitchen that serves food to customers;
(iii) Is licensed to sell beer;
(iv) Is located in an A frame building built in 1968;
(v) Has a deck of more than one thousand square feet (1,000 sq. ft); and
(vi) Is located in any county having a population of not less than seven thousand eight hundred fifty-one (7,851) nor more than seven thousand eight hundred sixty-five (7,865), according to the 2010 federal census or any subsequent federal census;
(27) "Premises," when:
(A) Referring to an establishment licensed under this chapter;
(B) Such establishment is located within an historical district which has been designated as a national historic landmark;
(C) Such a national historic landmark centers around a public street or right-of-way; and
(D) Such a public street or right-of-way is closed to motor vehicular traffic on a regular basis;
includes the area encompassed by the boundaries of the historic district; provided, that the granting of a license for a business location within such historical district shall not preclude the granting of another license to another establishment located within the boundaries of the historic district. This subdivision (27) applies only to counties with a population of more than four hundred thousand (400,000), according to the 1980 census, but those counties having a metropolitan form of government shall be exempt from this subdivision (27). In such county, only for the purposes of the hours of sale provided in SC 57-4-203(d)(4), "premises" also includes any establishment located within four (4) blocks west of the western boundary of the historic district and on the same public street or right of way as the historic district; provided, that the requirement of closing the street or right-of-way to motor vehicular traffic on a regular basis shall not apply to the extension of the premises established by this sentence;
(28) "Public aquarium" means a facility which contains a collection of living aquatic animals whose sole or primary habitat is water and which facility provides for care and housing for public exhibition, and also possesses the following characteristics:
(A) The exhibits containing live aquatic animals for public viewing are housed in a building having at least one hundred thousand square feet (100,000 sq. ft.) of interior space;
(B) The exhibits containing live aquatic animals for public viewing contain a minimum total of five hundred thousand gallons (500,000 gals.) of water as the living environment of the animals; and
(C) The public aquarium is located in a county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census;
(29) (A) "Restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least forty (40) people at tables, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. An establishment shall be eligible for licensure as a restaurant in accordance with this part, if the establishment is open at least three (3) days a week, with the exception of holidays, vacations, periods of redecorating and seasonal closings, as defined in subdivision (35), for those restaurants located within a jurisdiction that has elected Tennessee River resort district status, and more than fifty percent (50%) of the gross revenue of the restaurant is generated from the serving of meals;
(B) "Restaurant" also means any bowling center that was licensed as of January 1, 1983, to sell alcoholic beverages for consumption on the premises;
(C) (i) Within a national historical landmark district or urban park center, as defined by this section, restaurant licensees shall not be required to meet any requirements of this section which make food service, maintenance of a kitchen, or a dining room a prerequisite to the issuance of a restaurant permit to serve liquor by the drink. This subdivision (29)(C) applies only to counties with a population of more than four hundred thousand (400,000), according to the 1980 census, but those counties having a metropolitan form of government shall be exempt from this subdivision (29)(C);
(ii) Within a sports authority facility as defined in this section, restaurant licensees shall not be required to meet any of the requirements of subdivision (29)(A) which make food service, maintenance of a kitchen, or a dining room a prerequisite for the issuance of a permit to serve liquor by the drink;
(D) Notwithstanding the minimum seating capacity established in subdivision (29)(A), for the purpose of a permit to serve wine, "restaurant" means any lodge or resort with sleeping accommodations where meals are served that is located on land which is owned by the United States department of the interior, is operated by the national park service or its agents or contractors and is located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census;
(E) Notwithstanding the minimum seating capacity established in subdivision (29)(A), a restaurant with a seating capacity of at least forty (40) people at tables may be licensed as a gourmet restaurant under this chapter. To be licensed as a gourmet restaurant, the establishment must obtain:
(i) Not less than two thirds (2/3) of its annual gross sales from the sale of food; and
(ii) Not less than two thirds (2/3) of its annual alcoholic beverage sales from the sale of wine;
(F) "Restaurant" also means a facility located in any municipality having a population in excess of one hundred thousand (100,000), according to the 1990 federal census, or any subsequent federal census, in which coffees, teas, pastries, and other foodstuffs are offered for sale for consumption on the premises, which facility has a seating capacity of at least thirty (30) seats and which facility obtains at least fifty percent (50%) of its annual gross sales from the sale of coffees, teas and pastries. Any restaurant licensed under this subdivision (29)(F) shall be authorized to sell alcoholic beverages for consumption on the premises only when such beverages are mixed with coffees, teas and other beverages. A restaurant licensed under this subdivision (29)(F) need not meet the requirement of subdivision (29) (A);
(G) "Restaurant" also means a facility:
(i) Located within one half (1/2) mile of the railroad tracks in the unincorporated area of any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according to the 1990 federal census or any subsequent federal census;
(ii) Whose primary source of income is from serving meals to its patrons, both indoors and out-of-doors, and has a total seating capacity of at least seventy-five (75) people at tables;
(iii) Located in a building having a total square footage of at least two thousand five hundred square feet (2,500 sq. ft.) which was constructed prior to 1925; and
(iv) Which is located on a site used during the Civil War or within two (2) miles of two (2) or more Civil War sites, or is within one and one half (1 1/2) miles of a home that was built in 1884, and which is preserved as the area's best example of the Queen Anne and Eastlake architectural styles;
(H) "Restaurant" also means a facility:
(i) Located off U.S. Highway 421 in any county having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census;
(ii) Whose primary source of income is from serving meals to its patrons and has a total seating capacity of at least one hundred fifty (150) people; and
(iii) Which is located next to an eighteen-hole golf course;
(I) "Restaurant" also means a facility:
(i) Located on Highway 243 in a county having a population of not less than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five hundred (69,500), according to the 2000 federal census or any subsequent federal census;
(ii) That has seating for not more than one hundred forty (140) people;
(iii) That has a music and entertainment orientation;
(iv) Whose primary source of income is derived from serving meals to its patrons;
(v) That has a historic working original malt and soda fountain;
(vi) That is located in a historical structure formerly used as a town hall as well as a practice venue for Grand Ole Opry hopefuls; and
(vii) That does not discriminate against any patron on the basis of age, gender, race, religion or origin;
(J) (i) Restaurant also means a facility that:
(a) Is owned, operated or leased by a for-profit organization organized under the laws of this state;
(b) Does not discriminate against any patron on the basis of gender, race, religion or national origin;
(c) Provides food service to the public or for private events and catering with seating capacity for at least two hundred fifty (250) persons at tables, whether or not the seating is inside or on a deck or patio;
(d) Is open at least five (5) days a week serving two (2) meals daily with the exception of holidays, vacations, seasonal conditions and periods of redecorating, with suitable kitchen, dining facilities and equipment;
(e) Is in the center of a full service marina and resort located on the Tennessee River at mile marker 477.5; which full service marina has at least six hundred (600) dry storage slips and wet slips up to eighty feet (80') that offers two (2) cabins completely furnished and an inn with twelve (12) rooms that overlooks the Tennessee River; and
(f) Is located in any county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(ii) A restaurant under this subdivision (29)(J) must comply with all the requirements of this chapter and shall be subject to the restrictions imposed upon licenses other than SC 57-4-103; and
(K) "Restaurant" also means a facility:
(i) Located on State Route 46, Old Hillsboro Road, in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
(ii) Which is located 1.66 miles from the Natchez Trace Parkway Exit off of Pinewood Road;
(iii) Whose primary source of income is from serving meals to its patrons;
(iv) Which first opened as a restaurant in 1968;
(v) Which does not operate as a grocery store; and
(vi) Which does not discriminate against any patron on the basis of age, gender, race, religion, or national origin;
(30) "Retirement Center" means a facility that contains each of the following characteristics:
(A) The center is located in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census;
(B) The center is located on a single parcel of land not less than forty eight (48) acres and not more than forty-nine (49) acres in area;
(C) The center will consist of individual living unit apartments, individual living unit villas, an assisted living facility, a nursing home facility, a club house and common areas;
(D) The center will have a club house that houses a health club, game room, lounge and a dining facility;
(E) The center's lounge in the club house will offer to the center's residents and their guests only food, non-alcoholic beverages, mixed alcoholic drinks, wine and beer, as well as make available in the dining facility and other areas within the center's property, for the center's residents and guests only, mixed alcoholic drinks, wine and beer; and
(F) The center does not discriminate against any patron on the basis of gender, race, religion or national origin;
(31) "Special historic district" means any area with specific boundaries that possesses the following characteristics:
(A) Was organized pursuant to a municipal urban planning and development board;
(B) Contains within such special historic district an historic district listed on the national register of historic places;
(C) Is located on a trolley line; and
(D) Is located in any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census;
(32) (A) "Special occasion license" means a license which the commission may issue to a bona fide charitable, nonprofit or political organization. Such license shall be issued for no longer than one (1) twenty-four-hour period, subject to the limitations of hours of sale which may be imposed by law or regulation, and such license may be issued in advance of its effective date;
(B) If a bona fide charitable or nonprofit organization owns and maintains a permanently staffed facility which:
(i) Is used for the periodic showing or exhibition of animals;
(ii) Has a seating capacity of not less than twenty-five thousand (25,000) persons; and
(iii) Has a separate permanently constructed clubhouse or meeting room located on the grounds,
then a special occasion license may be issued for use at the clubhouse or meeting room for the duration of the particular show or exhibit for which application is made, and such organization shall not be subject to the numeric limitation contained in the last sentence of this subdivision (32). This license shall only be available upon the payment of the fee as required by law for each separate day of the show;
(C) Such license shall not be issued unless and until there shall have been paid to the commission for each such license a license fee of one hundred dollars ($100), and there shall have been submitted an application which designates the premises upon which alcoholic beverages shall be served. No such charitable, nonprofit or political organization shall be eligible to receive more than twelve (12) special occasion licenses in any calendar year;
(D) A special occasion license under this section may also be issued to a nonprofit historical society for the purpose of serving complimentary samples of homemade wine manufactured in the Swiss tradition by a society member or members, the complimentary samples not to exceed one ounce (1 oz.) per wine type per person to be served at an annual festival conducted by a society celebrating the Swiss heritage at a farm museum in any county having a population of not less than fourteen thousand three hundred (14,300) nor more than fourteen thousand four hundred (14,400), according to the 2000 federal census or any subsequent federal census;
(E) Any entity holding a special occasion license issued under this subdivision (32) or members of the licensee may transport wine and other alcoholic beverages to the location for which the special occasion license is issued;
(F) "Special occasion license" also means a license, issued by the commission, to a bona-fide charitable organization, recognized as exempt from taxation by the internal revenue service pursuant to SC 501(c)(3) of the Internal Revenue Code, codified in 26 U.S.C. SC 501(c)(3), which organization has been in continuous operation as a tax-exempt entity for at least twenty (20) years, and which organization has an annual budget of at least one million dollars ($1,000,000). A special occasion license issued pursuant to this subdivision (32)(F) shall be authorized to sell wine in closed containers for consumption on or off the premises notwithstanding the restrictions of SC 57-4-203. Any licensee holding a license issued pursuant to SC 57-3-202, SC 57-3-203, SC 57-3-204, SC 57-3-207, SC 57-3-605 or SC 57-4-101 may donate wine to an organization holding a special occasion license issued pursuant to this subdivision (32)(F) for an event conducted by the special occasion licensee. Any resident of Tennessee may donate wine, which brand of wine has been registered pursuant to SC 57-3-301, to an organization holding a special occasion license issued pursuant to this subdivision (32)(F) for sale or consumption at an event conducted by the special occasion licensee;
(G) A special occasion license under this section may also be issued to a bona fide charitable organization that benefits charities which support women and children in Middle Tennessee and which:
(1) Holds the event in a county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census, on property used as a veterinary clinic located on a six and sixty-five one hundredths (6.65) acre lot that shares a common boundary between a municipality and the unincorporated area of such county;
(2) Jurisdictions within the boundaries of such county have by referendum adopted both the sale of alcoholic beverages at retail package stores and for consumption on the premises;
(3) Is a one-day annual event restricted to persons twenty-one (21) years of age or older;
(4) Holds a grape stomp contest with teams made up of four (4) stompers and one (1) swabbie, who collects the juice created by the stompers in a jar, with the team producing the most juice winning the contest;
(5) Includes numerous food vendors;
(6) Has wine and spirits tastings; and
(7) Where alcoholic beverages are served but not sold;
(H) A special occasion license under this section may also be issued to a nonprofit community association for the purpose of serving samples of wine to persons holding a presold ticket for an annual fundraiser, the samples not to exceed two ounces (2 oz.) per wine per person to be served at the annual fundraiser conducted by the community association in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700), according to the 2000 federal census or any subsequent federal census. The fundraiser shall be an insured event with at least ten (10) wineries or restaurants participating in the event and food shall be available to attendees;
(33) "Sports authority facility" means a facility possessing the following characteristics:
(A) The facility is owned or operated by a sports authority established under title 7, chapter 67, a public building authority or a governmental entity;
(B) The facility is designed and used for presentation of professional sporting events and other activities, such as amateur sporting events, recreational activities and entertainment events and activities, and includes retail sales areas and retail food dispensing outlets, including, but not limited to, restaurant areas to accommodate liquor by the drink as well as food patronage;
(C) A major league professional baseball (American or National League), football (National Football League), basketball (National Basketball Association) or hockey (National Hockey League) franchise has entered into a long-term agreement to play its home games in the facility; and
(D) The facility is located in a municipality or county having a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(34) "Suite" means any room or group of rooms, leased by the operator of a sports authority facility or a convention center, physically located within such facility or center, where access to such room or rooms is restricted to the lessee or such lessee's guests;
(35) "Tennessee River resort district" means a club, hotel, motel, restaurant or limited service restaurant located within a jurisdiction that has elected Tennessee River resort district status pursuant to SC 67-6-103(a)(3)(F); provided, that for the purposes of this chapter, such district shall only extend inland for three (3) miles from the nearest bank of the Tennessee River. No entity licensed to sell alcoholic beverages within the boundaries of any such resort district shall discriminate against any patron on the basis of age, gender, race, religion, or national origin. A restaurant within a jurisdiction that has elected Tennessee River resort district status also means a restaurant located within such district which has an indoor seating capacity of at least forty (40) and an outdoor seating capacity of at least seventy-five (75); in addition with respect to such a restaurant, the term "seasonal closing" as used in subdivision (29)(A), means the period from November 1 to March 1 or a period of time, if different from such dates, as filed by the restaurant with the alcoholic beverage commission;
(36) "Terminal building of a commercial air carrier airport" means a building, including any concourses thereof, used by commercial airlines and their customers for sale of airline tickets, enplaning and deplaning of airline passengers, loading and unloading of baggage and cargo, and for providing other related services for the convenience of airline passengers and others, located in any airport which is served by one (1) or more commercial airlines, and:
(A) Is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments or whose membership is appointed pursuant to SC 42-4-105; or
(B) Is located in a municipality where this chapter has become effective in that municipality;
(37) (A) "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge. Such theater shall have an area that is enclosed by glass and which is accessed through a set of double doors by patrons who must be twenty-one (21) years of age or older to enter. Such theater shall be part of a retail and entertainment complex located one (1) block from a historical district that has been designated as a national historic landmark that centers around a public street or right-of-way. Such theater shall be located in a county having a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census;
(B) "Theater" also means any establishment in which motion pictures are exhibited to the public regularly for a charge and which possesses the following characteristics:
(i) Is a twelve (12) auditorium theater that is one hundred percent (100%) digital;
(ii) Is certified by the United States Green Building Council as the nation's first stand-alone theater boasting energy and environmental sensitive design;
(iii) Has one (1) auditorium restricted to patrons twenty-one (21) years of age or older; and
(iv) Is located downtown near a river in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census;
(38) (A) "Urban park center" means a facility possessing the following characteristics:
(i) The center is owned, operated, or leased by a municipal or county government, or any agency or commission thereof;
(ii) The center is designed to contain outdoor recreational facilities, public museum buildings, exhibition buildings, retail sales areas, retail food dispensing outlets including, but not limited to, sale of package alcoholic and malt beverages, and restaurant areas to accommodate liquor-by-the-drink as well as food patronage; and
(iii) The center is located in a municipality or county having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent census;
(B) (i) "Urban park center" also means an outdoor fixed structure amphitheater utilized as a performance venue, containing fixed seating for at least five thousand one hundred (5,100) persons. Such facility shall be secured by adequate perimeter fencing.
(ii) This subdivision (38)(B) applies in any county with a metropolitan form of government with a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(C) "Urban park center" also means a facility that possesses the following characteristics:
(i) Consists of at least two (2) theater spaces in which live theater, concerts, and films are presented;
(ii) Contains at least ten thousand square feet (10,000 sq. ft.);
(iii) Contains permanent fixed seating for at least three hundred forty-nine (349) persons;
(iv) Contains one (1) performance space constructed prior to 1930 that contains a stage with a fly tower for stage rigging with a height of at least thirty feet (30');
(v) Is operated by a not-for-profit corporation that qualifies as tax exempt under the Internal Revenue Code, SC 501(c)(3), codified in 26 U.S.C. SC 501(c)(3), and such facility is not a religious organization or a secondary or elementary school;
(vi) A major street is located not more than one hundred feet (100') from the nearest exterior wall of such facility; and
(vii) Is located within the jurisdictional limits of a county with a metropolitan form of government having a population of not less than five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census;
(D) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is owned, operated or leased by a municipal or county government, or any agency or commission thereof;
(ii) Has an outdoor fixed structure amphitheater utilized as a performance venue;
(iii) Provides or leases facilities for concerts, plays and programs of cultural, civic and educational interest; and
(iv) Is located in any municipality that has authorized the sale of alcoholic beverages for consumption on the premises, in a referendum in the manner prescribed by SC 57-3-106, and the municipality has a population of not less than twenty-three thousand nine hundred twenty (23,920), nor more than twenty-three thousand nine hundred thirty (23,930), according to the 2000 federal census or any subsequent federal census;
(E) "Urban park center" also means a facility that possesses each of the following characteristics:
(i) Is owned and maintained by a bona fide charitable or nonprofit organization;
(ii) Is used for the periodic showing or exhibition of animals;
(iii) Has a seating capacity of not less than twenty-five thousand (25,000) persons;
(iv) Includes an arena and a permanently constructed clubhouse or meeting room located on the grounds; and
(v) Is located in any county having a population of not less than forty-five thousand (45,000) nor more than forty-five thousand one hundred (45,100), according to the 2010 federal census or any subsequent federal census;
(F) (i) "Urban park center" also means a facility possessing each of the following characteristics:
(a) Is located on a tract or tracts of land having at least five (5) contiguous acres;
(b) Is located directly adjacent to property owned or leased by an airport authority created under state law;
(c) Has an enclosed facility of at least twenty thousand square feet (20,000 sq. ft.) and one (1) room with more than fourteen thousand square feet (14,000 sq. ft.);
(d) Has an exterior garden or gardens with sculpture;
(e) Is leased or owned by a not-for-profit corporation that qualifies under SC 501(c)(3) of the Internal Revenue Code; and
(f) Is located within a county having a metropolitan form of government with a population of not less than six hundred thousand (600,000), according to the 2010 federal census or any subsequent federal census;
(ii) An urban park center licensed under this subdivision (38)(F) shall have the privilege of granting a franchise for the provision of food or beverage, including alcoholic beverages, on its premises, and the holder of such franchise shall also be considered an urban park center under this subdivision (38)(F). The premises of an urban park center under this subdivision (38)(F) shall include all enclosed and outdoor areas of the property described in this subdivision (38)(F);
(G) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is located in a building constructed in 1883 that was originally used as a flour mill and eventually became a cannery;
(ii) Is an entertainment complex open to the public with three (3) facilities used for live music performances;
(iii) Serves or sells food to patrons;
(iv) Is approximately fifty-two thousand square feet (52,000 sq. ft.); and
(v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(H) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is located approximately two (2) blocks from Interstate 40;
(ii) Is located in a building constructed in the 1920s as an automobile factory;
(iii) Is located in a building remodeled in 2011 as a live music venue open to the public;
(iv) Serves or sells food to patrons;
(v) Is approximately fourteen thousand square feet (14,000 sq. ft.); and
(vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(I) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is located in the historic Elliston Place neighborhood;
(ii) Is located approximately three (3) blocks from a private university and approximately one (1) block from a non-profit hospital;
(iii) Serves or sells food to patrons;
(iv) Was opened to the public in 1971 as a live music venue;
(v) Has a stage that is four feet (4') high and has an indoor balcony; and
(vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(J) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is located on 8th Avenue approximately one (1) block from Interstate 65;
(ii) Is a live music venue that opened to the public in 2001;
(iii) Is located beneath an independent and nationally acclaimed record store;
(iv) Serves or sells food to patrons;
(v) Is approximately one thousand eight hundred square feet (1,800 sq. ft.); and
(vi) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(K) "Urban park center" also includes a facility possessing each of the following characteristics:
(i) Is located on Forrest Avenue across from a branch of a public library;
(ii) Is a live music venue that promotes local artists that opened to the public in 2003;
(iii) Serves or sells food to patrons;
(iv) Is approximately two thousand seven hundred square feet (2,700 sq. ft.) and has an enclosed exterior patio; and
(v) Is located within a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census;
(39) "Wine" means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed twenty-one percent (21%) by volume. No other product shall be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine; and
(40) (A) "Zoological institution" means a facility which contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is owned, operated, or leased by a municipal or county government;
(ii) The zoo is at least fifty (50) years old; and
(iii) The zoo is located in a county having a population in excess of seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census.
(B) "Zoological institution" means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property leased by a county having a metropolitan form of government and has been opened to the public on that property at least since 1997;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
(C) "Zoological institution" means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1937;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a population of not less than three hundred seven thousand eight hundred (307,800) nor more than three hundred seven thousand nine hundred (307,900), according to the 2000 federal census or any subsequent federal census; and
(D) "Zoological institution" means a facility that contains a zoological garden or collection of living animals and provides for their care and housing for public exhibition and further possesses the following characteristics:
(i) The zoo is operated on property owned by a city and has been opened to the public on that property at least since 1948;
(ii) The zoo has been accredited by and maintains the accreditation of the Association of Zoos and Aquariums (AZA); and
(iii) The zoo is located in a county having a population of not less than three hundred eighty two thousand (382,000) nor more than three hundred eighty two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census.

History: Acts 1967, ch. 211, SC 1; 1972, ch. 682, SC 2; 1972, ch. 756, SC 3; 1975, ch. 111, SC 3; 1975, ch. 347, SC 1; 1979, ch. 401, SC 2; T.C.A., SC 57-153; Acts 1980, ch. 895, SC 1; 1980, ch. 898, SC 2; 1981, ch. 404, SC 2; 1981, ch. 467, SCSC 1-4; 1981, ch. 475, SC 2; 1982, ch. 691, SC 1; 1982, ch. 931, SCSC 1-4; 1983, ch. 52, SC 2; 1983, ch. 300, SCSC 3, 6; 1983, ch. 305, SC 1; 1983, ch. 306, SC 1; 1983, ch. 391, SC 1; 1983, ch. 454, SC 4; 1983, ch. 461, SCSC 1-4; 1983, ch. 469, SC 2; 1983, ch. 481, SC 1; 1984, ch. 522, SC 1; 1984, ch. 569, SC 2; 1984, ch. 599, SC 1; 1984, ch. 858, SCSC 1-4; 1984, ch. 871, SC 1; 1984, ch. 975, SC 2; 1985, ch. 41, SC 1; 1985, ch. 47, SC 1; 1985, ch. 117, SC 1; 1985, ch. 190, SC 2; 1986, ch. 516, SC 1; 1986, ch. 899, SC 3; 1987, ch. 73, SC 1; 1987, ch. 218, SC 1; 1987, ch. 444, SCSC 3, 4; 1987, ch. 456, SC 1; 1988, ch. 792, SC 1; 1988, ch. 942, SCSC 1, 2; 1989, ch. 50, SC 1; 1989, ch. 361, SC 1; 1989, ch. 459, SC 1; 1990, ch. 718, SC 1; 1990, ch. 730, SCSC 1, 2; 1990, ch. 853, SC 1; 1990, ch. 949, SC 1; 1991, ch. 462, SC 1; 19