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THE ALLIANCE OF ALCOHOL INDUSTRY ATTORNEYS & CONSULTANTS

Tentative 2017 Legislative Wish List for Tennessee ABC

We love the transparency of the new Tennessee ABC regime under relatively new Director Clay Byrd.  For example, at the regular December ABC meeting, Assistant Director Zach Blair announced the following issues for the 2017 legislative session.

Please keep in mind that this is our take on the announcement and not official positions of the ABC.

· Conflicts of interest at ABC – currently relatives of ABC staff and commissioners cannot hold server permits. The ABC wants to permit this.
· Delinquencies with wholesalers – current law requires an automatic admin hearing if more than two delinquencies occur in a given period of time. The ABC wants to remove the mandatory hearing and be able to issue citations.
· Indirect interests – the ABC wants to define this by statute, probably similar to what the draft proposed rules say.
· Underage sale citations – the ABC wants to expand the civil penalty options.
· Donated alcohol to special occasion licenses – the ABC wants to permit this expressly for auctioning off the bottles.
· Private party – the ABC wants to codify a definition for this; we are not sure what it will be.
· Seasonal closings – the ABC wants to expand the areas where this is permitted; currently only allowed in river resort districts.
· Eligibility for server permits – the ABC wants to codify the felonies that prohibit someone from getting a server permit.
· Revocations – the ABC wants to codify the draft proposed rule that surrendering a license can be treated as a revocation when there is an agreed order signed.

Special thanks to Bone alcoholic beverage team member Rob Pinson for this summary.

Brings to mind the AC/DC classic “Breaking the Rules”

Just keep on breakin’ the rules
C’mon get ready to rule
Just keep on breakin’ the rules

 

Original author: William T. Cheek III

Author

AAIAC

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