Authority of Cities and Class B (Metropolitan Government) Counties

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Cities and Class B counties are authorized to pass ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and distribution of beer within their corporate limits, and within the general services district of Class B counties outside the limits of any smaller cities.  Cities and Class B counties may impose restrictions in addition to those set out by statute, fix zones and territories, provide hours of operation and impose other rules and regulations to promote public health, morals and safety.  Cities and Class B counties may authorize the sale of beer in hotel and motel rooms and in clubs and lodges.  T.C.A. § 57-5-106.  Cities and Class B counties have extensive authority to regulate the sale of beer, which includes the authority to limit the number and location of retail outlets.  See, e.g., State ex rel Amvets Post 27 v. Beer Board, 717 S.W.2d 878 (Tenn. 1986).  The powers of cities and Class B counties to regulate the sale of beer extends even to the extent of prohibition.  Ketner v. Clabo, 225 S.W.2d 54 (Tenn. 1949).  Cities and Class B counties may establish different distance requirements for the sale of beer in different, well-defined sections of their jurisdictions.  Attorney General Opinion 02-092 (8/28/02).